TERMS AND CONDITIONS OF USE OF SERVICE
My Property Education Pty Ltd
as The Trustee for My Property Education Trust
trading as Property Development System
(ABN 13 577 507 986)
This is a legal agreement ("Agreement") between you (and your organisation) (“you”, the “Customer”) and The Trustee for My Property Education Trust trading as Property Development System (ABN 13 577 507 986) via any “Site” with (“we”, “us” or “PDS”).
By completing the Registration Form and using any of the Services (as defined below), you become a Customer and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Services.
a) “ACL” means the Australia Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010.
b) “Add-On” means software that provides additional functionality when used in conjunction with web-based software or applications.
c) "Consumer” means an individual who buys Services for personal, domestic or household use or consumption, and not for resupply, resale or manufacture and or entity stated in the order form, its successors and assigns.
d) "Contract” means the contract between PDS and the Customer for the sale and purchase of Services.
e) “Customer” means the entity that has bought or agreed to buy the Services from PDS.
f) “PDS” means The Trustee for My Property Education Trust trading as Property Development System (ABN 13 577 507 986).
g) “Services” means any rights, benefits, privileges, content, facilities, applications or add-ons that are, or are to be, provided, granted or conferred in trade or commerce from PDS to the Customer through the Programs.
h) “Site” means the websites used to deliver content created by PDS including, but not limited to:
i) “Programs” means the educational programs offered through the Sites in the form of online seminars and group seminars;
Words importing the singular shall be deemed to include the plural and vice-versa. Words importing the male gender shall be deemed to include the female and non-binary general and vice-versa.
a) The Customer acknowledges that it has read, understood and agrees to the be bound by these Terms and Conditions of Use of Service (Terms and Conditions), which are deemed to be incorporated into each and every Contract.
b) The person who accepts these Terms and Conditions, for and on behalf of the Customer, personally acknowledges that he or she has read, understood and agrees to be personally bound by these Terms and Conditions, which are deemed to be incorporated into each and every Contract.
c) These Terms and Conditions apply to all Services provided, granted or conferred by PDS to the Customer. They supersede and prevail over all other conditions and agreements between the parties, including any of the Customer’s terms of trade.
d) PDS may amend these Terms and Conditions from time to time, and such amendments shall be effective immediately upon posting the amended terms on the Site. By continuing to use the Site or the Services, the Customer and Consumer are deemed to have consented to the amendments.
a) An order for Services constitutes an offer to purchase the Services by the Customer subject to these Terms and Conditions.
b) Orders accepted by PDS may not be cancelled or altered in whole or in part without PDS’s written consent.
a) PDS reserves the right to change prices without notice to the Customer.
b) The Customer must pay PDS for the Services in accordance with the payment plan or invoice provided by PDS to the Customer.
c) The time for payment of any amount owed to PDS by the Customer shall be as stated in any applicable invoice or agreed payment plan, the time of which shall be the essence.
d) PDS may treat any default by the Customer in respect of payment any amount payable as:
d-a) a repudiation of the Contract by the Customer which the Provider may immediately accept and rely upon to terminate the Contract; or
d-b) a breach of the Terms and Condition whereupon PDS may in its absolute discretion without further notice to the Customer suspend delivery of the Services the subject of the Contract and any Services the subject of any other Contract with the Customer until payment in full of the amount of the invoice without incurring any liability whatsoever to the Customer in respect thereof.
e) In the event that PDS terminates the Contract in accordance with clause 4(d), PDS may charge interest on any overdue amount at a rate of 15% per annum, calculated and payable daily, compounded from the due date until the invoice is paid in full.
f) The Customer must pay all costs and expenses including legal costs determined as between solicitor/client and debt collection fees which may be incurred by PDS in the recovery of any overdue amounts owing by the Customer.
a) Any time quoted by PDS is an estimate only.
b) PDS shall not be liable to the Customer for any consequential loss or damage arising from any delay in delivery, or non-delivery or non-supply of Services.
a) PDS warrants to the Customer that the Services:
a-a. Have been, or will be, provided, granted or conferred with acceptable care and skill or technical knowledge;
a-b. Are or will be, delivered within a reasonable time.
b) The customer shall immediately notify PDS in writing if the Services do not meet any one or more of the above warranties.
c) Except as expressly set out in these Terms and Conditions and as required by the ACL, PDS makes no warranties or other representations to the Customer and PDS’ liability in respect of any warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
d) Any warranties made by PDS to the ultimate consumer of the Services is solely for the benefit of the Consumer, and no Customer purchasing Services for resale shall be entitled to bring claims under any such warranties.
e) SUBJECT TO THE ABOVE WARRANTIES AND THE ABOVE PROVISO REGARDING NON-EXCLUDABLE TERMS, THE SOFTWARE AND ANY SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE NEITHER MAKE NOR APPROVE THE MAKING OF ANY WARRANTY OR REPRESENTATION THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ARE RESPONSIBLE FOR ENSURING THAT THE SOFTWARE AND ANY SERVICES WILL SATISFY YOUR REQUIREMENTS.
f) If circumstances arise where you are entitled to claim damages from us or any other party involved in the supply, support and maintenance of the Services then notwithstanding the other provisions of these Terms and Conditions, our liability (and the liability of any other relevant party) to you for the aggregate of all such claims (regardless of the basis on which you are entitled to claim including, without limitation, negligence) is limited to the lesser of: (a) the amount of any actual direct loss or damage which you sustain; (b) the amount of the Contract most recently paid by you; and (c) our cost of redelivering the Services to you. We are not liable for losses or damages of third parties claimed against you caused by our negligence. In no event will we be liable for actual or anticipated lost profits, lost savings, lost or damaged data or any incidental or consequential damages even if we have been advised of the possibility of such damages.
a) Unless otherwise provided, online access to the Services is provided on an automatically renewing subscription basis.
b) WHERE YOUR PDS SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR SUBSCRIPTION TERM IDENTIFIED IN YOUR ORDERING DOCUMENT FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THE INITIAL SUBSCRIPTION TERM (EACH A “SUBSCRIPTION TERM”) UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION TO THE RELEVANT PDS PRODUCT, COURSE, APPLICATION OR ADD-ON IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN CLAUSE 8 OF THESE TERMS AND CONDITIONS.
c) You acknowledge and agree that the amount billed may vary due to promotional offers, changes in your subscription plan, changes in applicable taxes, and changes in fees and you authorise PDS to charge your payment method for the changed amounts.
a) You may cancel your PDS Account or the PDS Service at any time subject to your product specific payment plan conditions & or subscription. To cancel your PDS Account or the PDS Service, you must notify us at least three (3) days before the start of the next Subscription Term using the appropriate functionalities of PDS or by contacting us at [email protected] or [email protected]
b) There will be no refunds or credits for partial months of service or for periods in which your Subscription remains unused. For renewal purposes, if adequate notice is not received and your credit card is subsequently charged, you will not receive a refund. In the event that PDS suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any PDS Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
a) To use the Services, the Customer will be provided with a login username and password. The Customer is responsible for the security and use of the password and username.
b) Your password and username must be kept confidential at all times and not disclosed to anyone.
c) The Customer must notify PDS immediately if he or she reasonably believes that the password is in another person’s possession, it may be used in an unauthorised way or is otherwise compromised.
d) PDS accepts no responsibility or liability for any unauthorised or improper use of any password.
e) If PDS allows the Customer to post any information to the Sites or social pages/groups created by PDS on third party platforms, PDS has the right to take down this information at its sole discretion and without notice.
f) The Sites may contain links to websites operating by third parties. PDS accepts no responsibility for, or liability in respect of, the content of third party websites. Those links are provided for convenience and may not be current or maintained. Unless expressly stated otherwise, PDS does not endorse and is not responsible for the content on those linked websites and has no control over or rights in the linked websites. The use of any such link is entirely at the Customer or Consumer’s own risk.
a) If the Customer engages in any act that PDS deems inappropriate or is otherwise unlawful or prohibited by any laws applicable to the Site or otherwise, PDS may suspend, disable or terminate the Contract without refund to the Customer.
b) For the purposes of Clause 10(a), an inappropriate act includes but is not limited to:
i. any act that would constitute a breach of the privacy or any other of the legal rights of individuals;
ii. using this Site to defame or libel PDS or other individuals;
iii. uploading files that contain viruses that may cause damage;
iv. posting or transmitting to the Site any non-authorised material including, but not limited to, material that is likely to cause annoyance, or which is defamatory, racist, obscene, threatening or otherwise detrimental to or in violation of PDS’ systems or a third party's systems or network security.
a) PDS does not provide legal, taxation, financial or other professional advice.
b) Unless otherwise stated, any numbers or figures used or representations made by PDS are an estimate and/or for illustrative purposes only, and should not be used or relied upon by the Customer.
c) PDS does not promise or guarantee that the Services will result in the Customer increasing his or her income, or making a profit in any way, shape or form.
d) PDS disclaims all responsibility and liability for all expenses, losses, damages and costs the Customer or Consumer might incur as a result of the information on the Site being inaccurate or incomplete in any way and for any reason.
e) To the extent permitted by law, PDS shall not be liable for any loss or damage to the Customer howsoever arising, including any loss or damage arising from or caused or contributed to by the negligence of PDS or its servants or agents, nor shall PDS be liable for special, incidental, indirect or consequential loss or damage suffered by the Customer as a result of a breach by PDS of its obligations or otherwise, including but not limited to economic loss, loss of profits or revenue or costs arising from such breach.
a) Unless otherwise indicated, PDS owns or licenses from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Site and in all of the material (including all text, graphics, logos, audio and software) made available on the Site or otherwise provided to the Customer (Content).
b) The Customer or Consumer’s use of the Sites, and use of and access to any Content, does not grant or transfer any rights, title or interest to the Customer or Consumer in relation to the Sites or the Content. However, PDS does grant the Consumer or Customer a licence to access the Site, and to view the Content and the Terms and Conditions.
c) PDS grants the Customer a limited, personal, non-transferable and revocable license to use the Services in accordance with these Terms and Conditions. The Customer may download only the downloadable Content from the Site and use the Services only for personal, non-commercial use.
d) Any reproduction of the Site or redistribution of the Content is expressly prohibited and may result in civil and criminal penalties.
e) In the event that a Customer or Consumer reproduces or redistributes the Site or the Content, PDS reserves the right to block the Customer or Consumer’s access to the Site and the Content, and suspend or cancel the Services to that Customer, or terminate the relevant Contract and no funds will be refunded to the Customer.
f) All other use, copying or reproduction of the Sites, Content or any part of it is prohibited, except to the extent permitted by law.
Any notice to be given to the Customer shall be deemed to be given upon its being posted to the address of the Customer set out in the Credit Application or to the Customer’s registered office or to the address of the Customer’s principal place of business or to the Customer’s last known address or via email.
This Contract and these Terms and Conditions will be governed in all respects in accordance with the laws of Victoria. The Customer and PDS agree to submit to the exclusive jurisdiction of the Courts of Victoria.