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Terms and Conditions of Use and Privacy Policy 

 

  1. Australian Property Scout Pty Ltd ABN 64 638 266 369 (hereafter referred to as ‘We’, ‘Our’ or ‘Us’) is the owner and operator of a real property investment system that includes a buyers agency, it’s website, programs, advice, property services, products and materials associated thereto and this includes education courses, which may include a mentor style program with special content (the ‘Services’). 
  2. You or Your means: 
    1. ……………………………[mentee’s name], of
    2. address………………
    3. email…………..
    4. Ph……………….
  3. In this agreement “Service” means any products or service offered for enrolment or participating in a course, or education, or assistance from Us from time to time and delivered to You and includes any mentoring roles, education courses, information, documentation, recommendations, submission or any linked site;
  4. By taking up the Service, including as a mentee to the mentor program, You agree that this will include the provision of experiences and advice, and when You take up this Service and or the mentor program You agree to be bound by these terms and conditions (the ‘Terms’).
  5. At all times You acknowledge and agree that these Terms:
    1. must be read in conjunction with any other applicable Terms governing the use of this website and any Services, including our Privacy Policy below.
    2. govern the use of all aspects of this website and provision of Services, so it is important that You read these Terms carefully, 

and You hereby acknowledge and accept that there is no defence by not having read these Terms.


Terminology, Privacy and data

In these Terms, the expressions:

  1. Any money (if any) that You pay for any of the Services  is non-refundable and to be paid before commencement of any course or receiving any Services.
  2. When You visit our website or view or receive any of our Services You acknowledge and agree that our internet service provider makes a record of Your visit and logs Your private information for our purposes.
  3. We examine and use this information to improve and advance our service and systems and for the future benefit of our business interests and our Privacy Policy below applies.
  4. Cookies are small files containing information which are downloaded to Your device when You visit our website. We may also use cookies to enable us to collect data that may include Your personal information. For example, if a cookie is linked to Your account, it will be considered personal information under the Act and the Law. 
  5. We will handle any personal information collected by cookies including Your location and mobile device in the same way that we handle all other personal information as described in our Privacy Policy below.
  6. In the event of any conflict between these Terms, our Privacy Policy and any other policy that we may use from time to time, then it is to be read that these Terms prevail any conflict. 


Variation of these Terms 

  1. You acknowledge that at any time We may amend, modify, vary or otherwise update these Terms at any time, and We must use our reasonable efforts to notify You of those changes. 
  2. We may give such notice by posting updated Terms on the website, sending those to You by email and using our reasonable efforts to draw them to Your attention including emailing those to You, at our discretion. 
  3. Your continued use of the Services, our website, its future use, and/or any App that We may develop or recommend constitutes an agreement by You that You accept these Terms and accept and acknowledge any subsequent modification of these Terms for all of those items and platforms.


Your Rights Under Law

  1. Your use of our Services, our website and our App (if any) will be subject to certain laws including, without limitation, the Australian Consumer Law (‘ACL’) and the Privacy Act. 
  2. The ACL provides You with certain rights that cannot be excluded, including that services and Services must be rendered with due care and skill and must be reasonably fit for the purpose contemplated. 
  3. Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by the law of NSW, Australia (including the ACL) which cannot by law be excluded, restricted or modified.


Linked Websites

  • This website may contain links to other websites, blogs, social media and electronic articles (‘linked sites’). Those links are provided for convenience only and may not remain current or be maintained by Us, or at all. 
  • We shall not be held responsible in any manner or at all for any of the information or the content of any linked sites.
  1. We are not responsible for the content or privacy practices associated with any linked sites.
  2. Our links with linked sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless We explicitly specify otherwise.
  3. We therefore strongly encourage You to read the privacy statements of each linked site before submitting any of Your personal information.


Information and Feature Available from the Service

  1. All Service(s), information, course materials, content features and documentation provided by us are provided in good faith and resemble the true facts as they are reasonably known to us at that time. 
  2. You must make Your own enquiry as to the suitability to You for the Service before implementing same in Your own life or before You purchase any property.
  3. You accept that any such information provided by us is general information and is not in the nature of specific advice and general only; it is not legal advice nor professional advice at all.
  4. Where applicable, We derive our information from sources which We believe to be credible, reliable, current, accurate and up to date, as at the date of publication. We nevertheless reserve the right to update this information at any time.
  5. You must always seek Your own independent expert advice including legal, accounting, financial advice, tax advice and You must not rely upon the contents of our website or any other information from us for factual purposes.
  6. In addition, We do not make any representations, undertakings or warranties that the information We provide is reliable, accurate or complete or that Your access to that information will be uninterrupted, timely or secure. 
  7. To the extent permissible by law, We are not liable for any loss resulting from any action taken or reliance made by You on any information posted by us or the use of the Services or other features made available by us on the website.
  8. The information available on our website does not take account of Your particular requirements or circumstances. 


Disclaimer

  1. Subject to clauses below, We do not accept responsibility for any loss or damage, however caused (including through negligence), which You may directly or indirectly suffer in connection with Your use of our Services, courses, information, documentation, recommendations, submission or any linked site, nor do We accept any responsibility for any such loss arising out of Your use of or reliance on information contained on or accessed through our website or Services.
  2. You will not hold us responsible in any way for any loss or damage, however caused, including any personal injury or damage to Your person when using any Product, and You accept that the use of and risk in use of any Product is wholly Yours. hence You hereby and forever indemnify us from and against any claims at law, in equity or in statute for any injury or loss or damage.
  3. To the extent permitted by Australian law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to refund of the price paid only.
  4. For the avoidance of doubt You agree to indemnify us and to keep us indemnified as and against all and any damage interest loss or costs associated with Your use of our Website or our Services.


Copyright

  1. Copyright in this website (including text, graphics, logos, icons, sound recordings and software) our Services, courses, information, documentation, recommendations, submission is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. 
  2. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in Your location, and except as expressly authorised by these Terms, You may not in any form or by any means:
    1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
    2. commercialise any information, products or services obtained from any part of this website;

without our written permission or, in the case of any third party material, from the owner of the copyright in that material.


Restricted Use

  1. Unless We agree otherwise in writing, You are provided with access to this website and our Services only for Your bona fide personal use and must not be reproduced at all and ever.
  2. You agree that You will not (either Yourself or via a third party):
  3. resell any of our Services on a private, retail or commercial scale or at all without our prior written express consent;
  4. use any data aggregation tool, spider, robot, screen scraper or other automatic device or process (Automated Device) to monitor, process or reproduce any web pages on the website or any of the information, content or data contained within or accessible through the website, without our prior written permission;
  5. use any Automated Device to combine or aggregate information, content or data contained within or accessible through the website with information, content or data accessible via or sourced from any third party;
  6. use any information on or accessed through the website for any commercial purpose (including the provision of pricing estimates or for market research) or otherwise for profit or gain (either directly or indirectly);
  7. use any device, process, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction or process being conducted on or through it;
  8. take any action that imposes an unreasonably or disproportionally large load on the infrastructure of or bandwidth connecting to our website;
  9. reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or algorithm or process in respect of the software underlying the infrastructure and processes associated with the website; or
  10. copy, reproduce, alter, modify, create derivate works, communicate to the public any part of any content from the website without our prior written permission.
  11. Copy, reproduce or use any of the contents of our website or our Goods or Services for Your own benefit and use without our prior written consent which may be determined in our sole discretion.


Security of Information

  1. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. 
  2. Whilst We strive to protect such information, We do not warrant and cannot ensure the security of any information which You transmit to us. 
  3. Accordingly, any information which You transmit to us is transmitted at Your own risk. Nevertheless, once We receive Your transmission, We will take reasonable steps to preserve the security of such information. 
  4. You must also be aware of our Privacy Policy herein.


Indemnity

  1. You must indemnify us, our employees, agents, consultants, Licensees and contractors against any claim by a third party arising out of Your breach of these Terms; Your use of this website and Your use of any Services, courses, information, documentation, recommendations, submission Your use of any links to third party websites or material on those websites; or Your use of the Goods or Services on our website or purchased on our website.


Termination of Access

  1. Access to this website or our or Services may be terminated at any time by us without notice. Those parts of these Terms which by their nature continue after termination, nevertheless survive any such termination.


Governing Law

  1. These Terms are governed by the laws in force in New South Wales, Australia. 
  2. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction.
  3. You accept that any disputes about this website or its contents are to be determined by the courts having jurisdiction in New South Wales, Australia in accordance with the laws in force in New South Wales, Australia (except any principle of conflict of laws inconsistent with this requirement).
  4. This website may be accessed throughout Australia and overseas. We make no representation that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If You access this site from outside Australia, You are responsible for ensuring compliance with all laws in the place where You are located.


General

  1. We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.
  2. If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
  3. If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining 
  4. Terms will nevertheless continue in full force.