The Trustee for My Property Education Trust trading as Property Development System
(ABN 13 577 507 986)
Terms AND Conditions
Definitions and interpretation:
“ACL” means the Australia Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010.
“Consumer” means an individual who buys Services for personal, domestic or household use or consumption, and not for resupply, resale or manufacture.
“Contract” means the contract between PDS and the Customer for the sale and purchase of Services.
“Customer” means the entity that has bought or agreed to buy the Services from PDS.
“PDS” means The Trustee for My Property Education Trust trading as Property Development System (ABN 13 577 507 986).
“Services” means any rights, benefits, privileges or facilities that are, or are to be, provided, granted or conferred in trade or commerce from PDS to the Customer.
“Site” means http://www.propertydevelopmentsystem.com.au/.
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 neuter genders and vice-versa.
- The Customer acknowledges that it has read, understood and agrees to be bound by these Terms and Conditions of Purchase (Terms and Conditions), which are deemed to be incorporated into each and every Contract.
- 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.
- 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.
- 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.
- An order for Services constitutes an offer to purchase the Services by the Customer subject to these Terms and Conditions.
- Orders accepted by PDS may not be cancelled or altered in whole or in part without PDS’s written consent.
- Pricing and Payment
- PDS reserves the right to change prices without notice to the Customer.
- The Customer must pay PDS for the Services in accordance with the payment plan or invoice provided by PDS to the Customer.
- The time for payment of the Services referred to in an invoice or payment plan shall be of the essence of the Contract and PDS may treat any default by the Customer in payment of the amount of any invoice or payment plan as:
- a repudiation of the Contract by the Customer which PDS may accept and rely upon to terminate the Contract; or
- a breach of these Terms and Conditions 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.
- In the event that PDS terminates the Contract in accordance with Clause 3(b), PDS may:
- Charge a late payment fee of 5% on all amounts paid after the due date;
- Charge interest on any overdue amount at a rate of 10% per annum, calculated and payable daily, compounded from the due date until the invoice is paid in full.
- Charge a dishonour handling fee in the amount of $95.00;
- Recover all collections costs and expenses incurred in collecting overdue accounts on an indemnity basis;
- Withhold supply;
- Sue for the money owing on the goods or services provided.
- 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 or attempted recovery of any overdue amounts owing by the Customer.
- Any time quoted by PDS is an estimate only.
- 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.
- 30-day money back guarantee
If, for any reason, the Customer is not satisfied with the Services and notifies PDS of same within 30 days of the date that PDS accepted the Customer’s order, then PDS will provide the Customer with a full refund of any monies paid by the Customer for the Services.
- 13 Week – No-Risk Money Back Guarantee
- This clause only applies to “PDS – 12 Week Mentoring Program”. It does not apply to any other course, product or service offering from PDS.
- If, for any reason, a Customer that enrolled and paid in full for “PDS – 12 Week Mentoring Program” feels that they didn’t learn anything new after completing the course and notifies PDS of same in writing, within 7 days of completing the course, then subject to Clause 6(c) below, PDS will provide the Customer with a full refund of any monies paid to PDS by the Customer for the Services.
- Clause 6(b) only applies if the Customer can satisfy PDS that he or she has met the following criteria:
- the Customer completed the online course in its entirety;
- the Customer attended all Live Classes, tutorials, webinars, live coaching calls and/or seminars that he or she enrolled in or are otherwise applicable;
- the Customer engaged in activities or conduct or has taken some action outside of the Contract to progress his or her career in property development.
- the Customer completed all assignments, homework in the allocated time and handed them in when they were due;
- the Customer joined and participated in the Closed facebook group through out the 12 Week period; a minimum of 12 interactions are mandatory;
- the Customer participated in tutorials and took part in discussions;
- the Customer satisfied the requirements of the course as far as their input was concerned.
- PDS warrants to the Customer that the Services:
- have been, or will be, provided, granted or conferred with acceptable care and skill or technical knowledge;
- are, or will be, delivered within a reasonable time.
- The Customer shall immediately notify PDS in writing if the Services do not meet any one or more of the above warranties.
- 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.
- 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.
- Use of the Site & any 3rd Party online platforms
- 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.
- Your password and username must be kept confidential at all times and not disclosed to anyone.
- 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.
- PDS accepts no responsibility or liability for any unauthorised or improper use of any password.
- If PDS allows the Customer to post any information to the Site 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.
- The Site 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.
- 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.
- For the purposes of Clause 8(a), an inappropriate act includes but is not limited to:
- any act that would constitute a breach of the privacy or any other of the legal rights of individuals;
- using this Site to defame or libel PDS or other individuals;
- uploading files that contain viruses that may cause damage;
- 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.
- PDS does not provide legal, taxation, financial or other professional advice.
- 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.
- 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.
- 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.
- 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.
- Intellectual property rights
- 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).
- The Customer or Consumer’s use of the Site, 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 Site 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.
- 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 Content from the Site and use the Services only for personal, non-commercial use.
- Any reproduction of the Site or redistribution of the Content is expressly prohibited and may result in civil and criminal penalties.
- 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.
- All other use, copying or reproduction of the Site, 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.
- Governing law
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.