Terms and Conditions of Trade and Website Access
Effective and Last Updated: February 17, 2017
Please read these Terms and Conditions (“Terms”) carefully as they constitute and govern an agreement (“Agreement”) between Scorpio Moon Pty Ltd (ACN 152 873 562) as trustee for the Jones Trust trading as MLJ Property Group ABN 60 878 597 300 (“we or us”) and you (“you or your”).
- The Terms apply to any and all goods, services and information provided by us as well as to all interactions (“Interactions”) between us and you, including without limitation the interactions set out below. You will be deemed to agree to the Terms on each and every occasion that you interact with us in any way, including by:
- Accessing any of our websites below (“Websites”) and/or any other pages forming part of or linked to our Websites or referred to by our Websites:
- Accessing any publication available in any manner on or from our Website, including the blog page, whether such access or download requires payment or is made available at no charge and whether or not such publication is made available by us directly or indirectly as part of some other package or service provided to you by a 3rd party such as Ultimate Achievers VIP Club Members via http://ultimateachievers.com.au/vip/;
- Purchasing any product, service, membership or publication from us, including, without limitation, private mentoring services and/or consultations.
- Attending any function, meeting, gathering or the like arranged and/or coordinated and/or endorsed by us (“Meet-ups”);
- Engaging or interacting in any way with us or any of our members or affiliates or with any person referred by us or made available to you because of your interactions with us whether such engagement is in person, or via telephone, or via any form of electronic or other communication including email, text, letters, facsimile and all forms of social media including Facebook. You understand and agree that in some circumstances we will receive payment from a 3rd party if we refer you to them (“3rd Party Referrer”), and that similarly, in some circumstances we will make payments to a 3rd party if they refer you to us.
Waiver and Release
- We maintain the Websites, and offer all goods and services, and all Interactions, primarily for information and communication purposes. You acknowledge and agree that you understand that purchasing property and/or investing in real property and/or undertaking the development of real property including subdivision(s) and renovation(s) and/or construction and/or joint venture activities of any kind (together “Real Estate Activities”) is inherently risky and subject to numerous variables and market forces and that we give no assurances or guarantees that you will make money by any of the Real Estate Activities engaged in. You acknowledge further that there is a real risk that you may lose money by engaging in Real Estate Activities and that you understand that in order to mitigate against such loss it will be essential for you to retain sufficiently qualified professionals to assist and advise you at every step in the process of all Real Estate Activities. The nature of the professional advisors will vary depending on the nature of the Real Estate Activities you engage in but will require (at a minimum) you to be advised by a builder, solicitor and an accountant. You acknowledge and agree that the services we offer and provide are general in nature and do not take account of your specific circumstances or the Real Estate Activities you may engage in. We provide general information and guidance for networking opportunities so that you are able to engage with and learn from the experiences of others that have already engaged in certain Real Estate Activities.
- In relation to Meet-ups, you acknowledge and agree that:
- All information including material referred to or provided to you by any person at any Meet-up has been obtained by the provider or presenter solely from their own experience and is referred to or provided as general information only, which:
- will require further research to identify its application to your specific requirements;
- will, dependant on the further research to be undertaken as referred to in sub paragraph (i) above, require modification to appropriately apply to your specific requirements;
- is referred to or provided by way of example only and is not intended to be nor is it acceptable as specific investment recommendations or advice for you;
- You understand that failed investment projects, mistakes and losses are a real possibility for you and your associated entities if you do decide to pursue and engage in any Real Estate Activities or similar investment activities and/or investments presented or discussed at any Meet-up;
- You understand and agree that Real Estate Activities and general investment activities carry an inherent element of risk and that you accept full responsibility for all such risks and adverse consequences;
- Although given in good faith, all information and materials received at any Meet-up should not be relied upon in any way and that you understand that you must undertake careful and competent due diligence from independent sources before taking any action or inaction as a consequence of any information or documentation provided at or in relation to any Meet-up;
- Any Real Estate Activity or investment or business undertaken whether as a result of information provided at or in relation to any Meet-up, or otherwise, will only be undertaken after consideration of all relevant facts and issues, and obtaining relevant independent financial, investment and legal advice.
- We and others may photograph and/or record Meet-up that you attend and you hereby authorise us and anyone else acting with our authority to record your image and/or voice and to utilse all sucg recording in any way we deem appropriate, including by publishing same on the Websites or via any form of social media.
- All information including material referred to or provided to you by any person at any Meet-up has been obtained by the provider or presenter solely from their own experience and is referred to or provided as general information only, which:
- We make no warranties of any kind regarding the Websites or the Interactions, including but not limited to any warranty as to accuracy, completeness, currency, reliability, fitness for a particular purpose, or that the Websites pages, or the server that makes them available, are free of viruses or other harmful elements that may interfere with or damage the operation of your computer systems.
- The Commonwealth Competition and Consumer Act 2010 and the State fair trading laws imply warranties and conditions into contracts for the supply of goods or services. Where any law implies a condition or warranty which may not be lawfully excluded (“Non-Excludable Condition”), then to the maximum extent permitted by law, our liability for breach of the Non-Excludable Condition, is limited, at our option, to either resupply of the services or the refund to you of the amount actually paid by you to us.
- Under no circumstances (whether contract, tort (including negligence), strict liability or any other theory whatsoever), shall we be liable for any loss or damages you may suffer from or in connection with the Interactions or any other dealing with us or service or product or advice provided by us or on our behalf or by any 3rd Party Referrer or any Real Estate Activities engaged in. This limitation includes, but is not limited to, damages resulting from loss or theft of data; transmission delays or failures; service interruptions; unauthorised access or damage to records, software programs or other information or property; loss of profits; cost of cover; or any other special, incidental, consequential, direct, indirect or punitive damages, however caused. This limitation will apply even if we have been advised of, or are aware of, the possibility of such damages. Because some territories or other jurisdictions do not allow the exclusion of certain warranties or certain forms of liability, some or all of the exclusions set forth in these terms and conditions may not apply. If any of such exclusions are not allowed under the laws of a particular state or other jurisdiction for any reason, then our maximum liability for any type of damages to you shall be limited to the greater of (a) the amount of any money actually paid by you to us, or (b) the sum of $10.00.
- You hereby release and/or indemnify and hold us and each of our present and future directors, officers, shareholders, employees, agents, members, subsidiaries, associates and affiliates and their respective heirs, successors and assigns (together “Released Parties”) harmless from any and all judgments, injuries, penalties, damages, losses, obligations, liabilities, claims, actions, causes of action, encumbrances, costs, expenses (including, without limitation, reasonable legal fees and expert witness fees) suffered, sustained or incurred (even if only alleged but not proven) arising out of or in connection with any Interaction and/or any Real Estate Activities and/or your dealings with us and/or the Released Parties and/or any 3rd Party Referrer as well as in relation to any information or advice provided to you by us and/or the Released Parties or any 3rd Party Referrer.
- For the avoidance of doubt, to the maximum extent permitted by law, we disclaim (and you hereby release us from) all liability in relation to your use of the Website and/or any of the Interactions and/or any Real Estate Activities including but not limited to any loss or damage howsoever caused (including negligence), which may be directly or indirectly suffered in connection with your dealings with us, including our provision of information or advice, or to your attendance at any meeting or gathering we arrange or endorse or to your involvement with any Real Estate Activities.
- These Terms form the entire agreement between you and us relating to any goods, services and information provided to you as well as the Interactions and supersede all previous agreements and understandings, whether oral or in writing.IF THESE TERMS ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE AND NOT ENGAGE WITH US IN ANY WAY, INCLUDING ANY OF THE INTERACTIONS.
- We may, at any time, for any reason and without notice, make changes to these Terms as well as the Website and/or the products and/or services we offer as well as the Interactions. Any such changes will take effect once published on the Website. Therefore, you agree that prior to, or as part of, any Interaction, you must review these Terms to ensure that you continue to understand and comply with your obligations to us.
- You acknowledge that we hold and own copyright in and to all content on and available through the Website and that you are only authorised to view, use, copy for your records and download small portions of such content (including without limitation text, graphics, software, audio and video files and photos) for your personal informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
- Electronic communications in any form may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information to us or others. You agree not to submit or transmit any e-mails or other communications via any means that that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws or may cause embarrassment or harm (financial or personal) to us or anyone associated with us.
- You agree that we may publish in any way we consider appropriate any information or images or materials or comments or views that relate to you or that you submit to us or that you communicate to or about us in any way. This includes any emails you send us or statements you make as part of any Interactions including anything you publish in any way including any form of social media.
- The Website as well as the organisation and layout of the Website and all materials published on or available through and by the Website, are copyrighted and are protected by Australian and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any such print outs must retain our copyright notice. No right, title or interest in any of the materials we publish in any way is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of the Website; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Website without our prior written permission.
Links and Associations
- Your correspondence or business or other dealings or communications with, or participation in promotions of, marketing partners or other third parties found on our Website or through the Interactions, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we are not responsible or liable for any loss or damage of any type whatsoever incurred as the result of any such dealings or as the result of the presence of such persons or marketing partners or other third parties on our Website or encountered by you in any way through use of the Website or the Interactions.
No Unlawful or Prohibited Use
- As a condition of your use of the Website, you warrant to us that you will not use the Website or any material or information obtained from or provided by us for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
- Gathering email addresses from us through harvesting or automated means is prohibited. Posting or transmitting unauthorised or unsolicited advertising, promotional materials, or any other forms of solicitation to other persons is prohibited. Inquiries regarding a commercial relationship with us should be directed to email@example.com
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH WE EXPRESSLY DISCLAIM. WE DO NOT ENDORSE AND MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND WE WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING ANY CONTENT ON IT OR PROVIDED BY US IN ANY WAY, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER APPLIES IN RELATION TO THE WEBSITE AS WELL AS IN CONNECTION WITH ANY PRODUCTS AND SERVICES OFFERED BY US.
- Please choose carefully. We do not normally give refunds if you simply change your mind or make a wrong decision more than 30 days after any form of purchase has been made. Of course, a full refund is available in relation to all purchases provided you give us written notice that you require a refund within 30 days of the purchase being made.
- These Terms shall be governed in all respects by the laws of the State of Queensland, Australia, and you submit to the laws of the State of Queensland and to the jurisdiction of the Queensland courts.
- You acknowledge and agree that, even if you reside outside Australia, or access the Website or participate in any Interactions outside Australia, you understand the Website and all Interactions refer and relate only to Real Estate Activities intended to be undertaken within mainland Australia and Tasmania and in no other location whatsoever.
- All transactions are processed in Australian Dollars (AUD).
- When purchasing from us your financial details are passed through a secure server using 128-bit SSL (secure sockets layer) encryption technology. If you have any questions regarding our security policy, please contact our customer support centre firstname.lastname@example.org
Accounts and Security for Registered Users
- We do not warrant that any Website functionality will be uninterrupted or error-free, or that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
- As part of any registration process, we will allocate a password (“Password”) to you to be used with your user name (“User Name”), with your User Name to be your nominated email address. You shall provide us with accurate, complete, and updated account information. Failure to do so shall constitute a breach of these Terms.
- You must not:
- select or use a User Name of another person with the intent to impersonate that person;
- use a name subject to the rights of any other person without authorisation; or
- use a User Name that we, in our sole discretion, deem inappropriate or offensive.
- You shall notify us of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
- Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of the Agreement at our sole discretion.
- The information we provide via this Website and in any other manner or forum is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL, BUILDING OR OTHER ADVISOR, AS APPROPRIATE.
- You are solely responsible for your interactions with other users of this Website and other persons with whom we have Interactions. You acknowledge that we are not responsible for any comments or publications made about you by any such persons during the course of any of the Interactions or in any other manner whatsoever whether those publications are made mechanically, electronically or in any other manner, including via the Website, any other which website or any form of social media. We reserve the right, but are not obligated, to monitor disputes between you and other such users or members of persons involved in the Interactions.
- You acknowledge and agree that you alone own, and are solely responsible or otherwise in control of, all of the rights to any content that you may post; that the content is accurate; that use of the content you supply does not violate these Terms or any other law and will not cause injury to any person or entity; and that you hereby indemnify us and all affiliates, associates and related persons from and against any and all claims resulting from content you supply or publications that you make.
- If you make any publication or submission during the Interactions or to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to us in any way, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense any such rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to us. Whilst we try to answer every email in a timely manner, are not always able to do so.
- Some of the forums (individual bulletin boards and posts on the social network, by way of example only) on the Website are not moderated or reviewed. Accordingly, you will be held directly and solely responsible for the content of messages that are posted. While we do not moderate the forums or posts, we will periodically perform an administrative review for the purpose of deleting messages that are old, or have received few responses, or are off topic or irrelevant, or serve as advertisements or seem otherwise inappropriate. We retain the right to exercise our unfettered discretion in deciding whether or not to delete any posts or publications. You must also read the specific forum rules displayed in each discussion forum first before participating in that forum.
- We reserve the right (but are not obligated) to do any or all of the following:
- Record all publications in chat rooms or elsewhere;
- Examine an allegation that a publications should be removed and do so at our sole discretion;
- Limit or restrict your access to any or all Public Areas and/or the Website if we suspect any breach of these Terms;
- Monitor, edit, or disclose any publication in the Public Areas;
- Take any action we deems necessary to preserve the rights of any persons using the Website of participating in the Interactions.
- Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting our confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms or the Interactions shall be settled by binding arbitration in accordance with the provisions, in effect at the time the proceedings begin, of the International Arbitration Act. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in the state of Queensland.
- All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorisation of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorisation of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
- Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
YOUR USE OF THE CONTENT OF THE WEBSITE AND YOUR PARTICIPATION IN THE INTERACTIONS IS AT YOUR OWN RISK. WE SPECIFICALLY DISCLAIM (AND YOU HEREBY RELEASE US FROM) ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE INTERACTIONS OR THIS WEBSITE.