Thank you for your interest in purchasing our Property Developer Training program ('program'). These are the terms on which we provide the program. By ticking the 'I agree' box, you are agreeing to be bound by these terms, our website terms of use, our privacy policy and our website disclaimer.
We encourage you to carefully read and understand these terms, and our other documents, before agreeing to purchase our program. If you don't agree, please do not purchase our program. We may update these terms from time to time and will email the updated version to those enrolled in our program. Unless you advise us otherwise, updates will take effect 14 days after we email out the updates.
We have included a 'last updated' date above to help you keep track of any changes. When we talk about 'website', we mean www.propertydevelopertraining.com and the term includes our program, social wall, members area, blogs, social media and similar platforms related to our website as well as podcasts, speaking engagements, client or member sessions and any other related services or programs we offer.
When we talk about 'we' 'our' or 'us', we mean Prophecy Investing Pty Ltd ACN 159 672 027. When we talk about 'you' or 'yours' we mean you, a user of program.
Creating your account
You must create an account to purchase a subscription to our program. You must be over 18 years old to create an account and use our services.
When creating an account, you agree:
• to provide true and correct details when you set up your account
• to keep your username and password secure and confidential and not to share your access with anyone else
• to accept electronic communications from us (you may unsubscribe from these at any time however if we cannot email you this may impact our ability to supply the services you have requested)
• to keep your contact details up to date
• not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, including our presenters, other members and our staff
• to make any payments due associated with your account when they are due
• to contact us if you believe that your account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach
• to comply with our social wall rules (see below)
We reserve the right to suspend, terminate or disable your account if we believe that you are in breach of any of these terms and conditions. You may use your account on more than one device however we use IP address tracking software that tracks the IP address of every device that accesses our paid content and the email address associated with all active accounts.
If we suspect you have shared your log-in details and, as a result of our investigation, we reasonably determine you are in breach of these terms, without limiting any other rights we may have, we reserve the right to close your account with no refund of membership payments, and to prohibit you from opening a new account.
Purchasing our program
We use Stripe as our third party payment platform to manage payments. We do not directly receive or store your credit card or other financial information. Unless otherwise stated, amounts shown on our website are in $AU.
You can purchase access to digital products from our website. We, or our e-commerce platform partner, will send you access information by email once you have completed your purchase. Our program has the inclusions advertised on our website.
Payment of the purchase price grants you 12 months access to the program content. If your subscription to the program ends or is terminated, you will no longer have access to any of the program content or inclusions.
When you agree to these terms and make payment for the initial 12 month program term, you will also be consenting to an automatic 12 month renewal of your membership.
If are cancelling a subscription, please ensure you cancel at least 72 hours prior to the next scheduled payment being drawn otherwise you may be billed for the next period. If you terminate your membership part way through a 12 month term, no refund of your purchase price will be made.
You will still retain access to the program content and inclusions until the end of your current billing cycle and your membership will be terminated at the end of the current 12 month term.
Payments and refunds
We offer a 30 day money-back guarantee for our program. You may terminate your membership for any reason and receive a full refund of your purchase price during this period. If you wish to terminate, please note that your notice must be received by us strictly within the 30 day period. Please email us at [email protected] if you wish to terminate your membership during the money-back guarantee period. Once the money-back guarantee period has expired, we do not offer refunds for program subscriptions for any reason, whether you have chosen to use the services or not. You agree to pay any applicable surcharges we incur based on your method of payment, including dishonour fees if applicable (for example if you subscribe to a service with an annual fee and a dishonour fee is charged to us for an attempted payment or a charge back fee is incurred). Interest may be charged on any overdue payment, accruing daily from the date when payment becomes due, until the date of payment, at a rate of 8% per annum (compounding monthly). To the extent allowed under applicable laws, you agree to pay any costs and disbursements incurred by us in pursuing any outstanding debt (including legal costs on a solicitor and own client basis). We may end your subscription without refund by giving you at least 2 weeks' notice that we intend to end your subscription. You will continue to have access to our services until the end of your current, paid subscription period.
Confidentiality of shared information
During your participation in the program (for example by reading the social wall), you may encounter, or we may share with you, information that is confidential in nature. This could be information about a particular property development, a property developer or our business or processes ('Confidential Information').
This may occur for example, if students are discussing a particular development on the social wall. You agree you will not use or share Confidential Information in a manner that could be detrimental to us or any other participant. You agree not to use Confidential Information for your own benefit.
Confidential Information does not need to be identified as confidential to be classed as Confidential Information. If you are unsure if information is confidential or not, assume it is confidential. We do ask that you be mindful of the information you share that can be accessed by others. If the information is sensitive to your project or would otherwise cause you harm if it was disclosed to others, it is best not to share it on our social wall or any other shared space.
Your content
You warrant that you hold the necessary rights and interests to use any material you add to our social wall or social media pages (your content) and that no part of your content infringes any third party intellectual property or other rights, including copyright and trademark rights and privacy and confidentiality rights. By submitting your content, you irrevocably grant to us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for the purpose of providing services to you or for our business purposes, both now or in the future. You indemnify us against any claims made for breach of intellectual property rights in respect of your content. Due to the nature of the discussion topics likely to arise on the social wall, it is important that content you post or comments you make are accurate and that you comply with the social wall rules. Without being obliged to, at our sole discretion we may remove or disable your content if we believe your content to be in violation of our terms of use. We are not obligated to return any of your content to you under any circumstances.
Social wall rules
Content on our social wall, other forums or other social media platforms ('social areas') may be contributed by third parties. The person contributing that content is responsible for what they have provided. If you have any concerns about that content, you should contact the author directly. Views and opinions of third parties are not necessarily shared by us. We may at our discretion moderate these areas, however we are not obliged to do so. Our goal is for users to have an opportunity to share ideas, ask opinions and discuss projects. Due to the nature of some of the expected topics however, there is a chance that some of the information discussed or posted will be inaccurate or misleading.
Please take care when accessing this information. If you use any of our social areas, either as a contributor or reader, you agree, as a condition of use:
• That any information you post will be accurate, not misleading and will not omit important parts.
• Not to post or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content, whether included in your username or in any material or information.
• Not to post inappropriate, negative, rude or attacking comments.
• To keep your comments or information constructive and not to be a jerk or make others feel unvalued.
• Not to rely on information in the social area without first completing further research to substantiate the information and/or seeking professional advice (eg legal or town planning)
• Not to spruik your ideas or services or use 'pitching' or lead generation. This means you may not sell products or services, direct users to blogs, websites or affiliate products or ask members to join other groups, communities or investment areas. This applies both as direct posts and private messages.
• Not to shop for or recruit investors.
• Not to post information or advice that should only be given by a professional in the area. For example, interpretation of an area of law.
• If you need a feed-back or review, you will post the direct PDF, document or screenshot. You may not require users to opt-in to be able to view your content.
• You will respect the privacy of others. Content gathered from our social areas must not be collected, repackaged or shared outside the group.
• We do not endorse any ideas, resources, views or comments of third parties.
Notwithstanding the above rules, if you decide to deal with or invest with another member of our community, we are not responsible for their actions or your outcomes. Do not assume that everyone is trustworthy, make sure you do your own due diligence.
If we find users breaking our rules, in additional to other rights we may have, we reserve the right to permanently exclude them from our social areas and terminate their paid membership. We may also contact the authorities and share the posted content and corresponding user personal information with the authorities if we are concerned about the safety of any person, threat to our business or if we reasonably believe there are contraventions to rules around managed investments.
While me may enforce this policy against a user, we are not obliged to do so.
Limitation of liability
We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of our program or social areas in any way, subject to the requirements of Australian Consumer Law.
Specifically, we will not be liable to you or any other person for the use made of information we provide via our website or program or that you access via our social areas. You are responsible for your own actions and outcomes if you choose to use information provided by or via us.
Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those services again, or to a refund equal to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.
We provide no warranty that our program will be suitable for your level of skill, financial capability or risk appetite or that it will assist you to reach your desired outcome.
We are not responsible for any indirect or consequential losses you may incur using information provided by us. This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.
Indemnity
You agree to indemnify and defend us from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
• any content you post to the social wall
• your unauthorised use of the program
• your breach of the social wall rules
• your use or application of information provided by us
Applicable law
This agreement is governed by the laws of Victoria, Australia and you consent to the exclusive jurisdiction and venue of courts in that State or the Federal Courts within Australia, in all disputes arising out of or relating to the use of this website. Relationship You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or your participation in our program.
Validity
If any part of these terms of use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms of use will continue in effect.