Terms & Conditions

DISCLAIMER

(a) (General Information Only) While the Services have been prepared with every effort to help you understand your property and investment options, the information provided in our Services is general in nature which is only designed to teach you about how you could invest in real estate.

(b) (Not Professional Advice) All information provided as part of our Services is not intended to be professional advice of any kind and should not be relied on as such. Many factors will be important in determining whether you achieve any actual results including but not limited to market sentiment, interest rate changes, government policy changes or changes to your financial situation and there is no guarantee that you will be able to reach or achieve any personal or financial goals (whether communicated to us or not) within any timeframe or at all. You should obtain appropriate financial, legal and other professional advice before relying on the information provided during our Services. We make no representation or guarantee that our Services will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the Services you will achieve any particular outcomes. We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you in relation to buying property or otherwise by are done so at your own risk. By not seeking appropriate professional advice, you accept the risk that the information contained in our Services may not meet your specific needs, circumstances or goals.

(c) (Limitations and Disclosure) The Services are not intended to be a comprehensive or complete list of your options. Where we may provide you with potential properties:

(i) the properties are not an exhaustive list of suitable or appropriate properties and we make no warranties, guarantees or promises as to their suitability over any other properties which may be on the market;

(ii) we have agreements and/or relationships with various third-parties, and Access Wealth or its related entities may receive a benefit, payment, commission, fee or reward payable by a third-party if you do choose to purchase a property we have informed you of.

(d) (Referrals) Where we identify that you may require professional advice we may refer you to third party partners (Referral Partners) who you may, in your sole discretion, choose to engage. If you do choose to engage a Referral Partner:

(i) their services to you will be subject to the Referral Partner’s terms and conditions;

(ii) we make no warranties or guarantees as to the Referral Partner or their services and shall not be liable for such; and

(iii) we may obtain a commission or payment from the Referral Partners for referring you to them.

(e) (Due Diligence Pack) Our Due Diligence Pack is designed to supplement our Services and assist you with making an informed decision regarding your property and investment options. We disclaim any warranty or representation that reliance on the Due Diligence Pack will ensure compliance with any regulations or other law or that every possible risk, hazard, or issue with a particular property or transaction will be identified if you purchase the Due Diligence Pack. We cannot guarantee any particular decision from any third party on any issue and you acknowledge and agree that any such decision, result, or outcomes are subject to factors outside of our control.

1 Registering for the Services

(a) To register for the Services, you may be required to create an account (Account) and, in respect of the Alliance Partnership or Due Diligence Pack, will be required to pay the amount due at Registration under the applicable payment arrangement.

(b) By creating an Account, submitting a registration form, paying the required amount or otherwise accessing the Services (Registration) you represent and warrant that:

(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf); and

(ii) you are authorised to use the card, PayPal account, bank account or other payment method used for your Registration.

(c) Registering for the Services constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with the Services you have ordered in exchange for payment of the total Fees, Initial Payment and any Success Balance or other balance displayed or recorded through our checkout, online form, invoice, payment instructions or other written confirmation.

(d) These terms are not agreed between you and us until:

(i) in respect of the Alliance Partnership or Due Diligence Pack, we have received or approved the payment due at Registration and have confirmed acceptance, granted access to the relevant Services or commenced providing those Services; or

(ii) in respect of Complimentary Services, you receive confirmation that your Registration has been accepted or we commence providing the Complimentary Services.

2 OUR SERVICES

(a) Our Services are designed to teach you about property investment. We offer both Complimentary Services and Paid Services.

(b) Once we have received the Initial Payment or other amount due at Registration, you will be granted access to the Paid Services.

(c) We will endeavour to ensure that the Services provided will be substantially the same as the Services as described on our Website.

(d) You are responsible for managing your Account and ensuring that you only access and engage with the Services in an appropriate manner.

3 CLIENT OBLIGATIONS

3.1 YOUR REGISTRATION

(a) Your Account (if applicable) and Registration will be valid from the date of your Registration for the respective Services and for the term of that Service as set out on our Website, or in the absence of a term then for the Session you have registered for (Services Term).

(b) You are granted a limited licence to use the Services for your own personal, non-commercial purposes during the Services Term.

(c) You must not give access to your Account to any other person, other than your financial partner, spouse or other financial decision-maker in your household (Fiscal Partner) provided they are listed on your Account.

(d) We will only revoke your licence and terminate your Account and/or Registration if we suspect, for any reason, in our sole discretion, that you are misusing the licence, for example by distributing the Services to other people or giving access to your Account to other people, you are making commercial use of or infringing our intellectual property rights in the Services, or if you do not comply with these terms. Any refund entitlement following termination will be determined under Part A clause 7.1 and Part B clause 5.

3.2 YOUR OBLIGATIONS

(a) By Registering for our Services, you acknowledge and agree to:

(i) provide us with all information that we request, and such information is to be complete and accurate;

(ii) informing us of all relevant information (whether or not we have explicitly requested it) which would reasonably be foreseeable to affect the Services;

(iii) participate in all Sessions and the Services; and

(iv) inform us of Fiscal Partner and include them in all Sessions and Services.

(b) For the avoidance of doubt, the obligations in this Part A clause 3 assist us to provide the Services but are not conditions of the Success Guarantee in Part A clause 7.1.

3.3 SESSIONS

(a) The Services are provided in in-person or video-conferencing sessions (Sessions).

(b) We may reschedule a Session at any time for any reason. Rescheduled dates and times will be as agreed with you.

(c) Any issues with the video conferencing software should be directed to the third-party provider (Session Platform).

(d) You must not make any audio or video recording of any part of any Sessions.

(e) Only you and your Fiscal Partner may attend a Session. You must not share a Session including by adding or inviting another person to a Session or sharing an audio or video recording of a Session without our prior written permission.

(f) Any technical or other issues with the Session Platform should be directed to the Session Platform to troubleshoot the issue. We will not be liable for any loss or damage suffered as a result of or in connection with issues on the Session Platform.

4 PAYMENT

4.1 FEES

(a) All Fees are:

(i) as displayed or recorded and accepted by you through our checkout, online form, invoice, payment instructions or other written confirmation (Fees);

(ii) in Australian Dollars; and

(iii) subject to change without notice prior to your Registration.

(b) (Payment obligations) You must pay the Fees in accordance with the Payment Option or other payment arrangement displayed or recorded and accepted by you.

(c) (GST) Unless otherwise indicated, amounts stated on the Website include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice to you.

(d) (Card surcharges) We reserve the right to charge card surcharges where payment is made using a credit, debit or charge card, provided the surcharge is disclosed and permitted by law.

(e) (Payment methods and providers) We may accept payment by card, PayPal, electronic funds transfer (EFT) or another method approved by us, and may use third-party checkout and payment providers (Payment Providers). Processing by a Payment Provider is also subject to that provider’s terms, conditions and privacy policies, and we are not liable for the security or performance of the Payment Provider to the extent outside our reasonable control. We reserve the right to correct, or instruct a Payment Provider to correct, errors or mistakes in collecting the Fees.

(f) (Pricing errors) In the event that we discover an error or inaccuracy in the Fees for your Registration, we will attempt to contact you and inform you as soon as possible. You will then have the option of enrolling in the Services at the correct Fees or cancelling your Registration. If you cancel and Fees have already been debited, the affected amount will be credited back to the original payment method or another method agreed with you.

4.2 PAYMENT OPTIONS AND SUCCESS BALANCE

(a) (Payment Option) We may permit payment of the Alliance Partnership Fees in two parts. The total Alliance Partnership Fees may differ between Payment Options, including where a discount applies to a particular option. In such circumstances you agree:

(i) to pay the Initial Payment to secure your Registration; and

(ii) to pay the Success Balance only when Success occurs,

in the amounts and at the times displayed or recorded through our checkout, EFT form, invoice, payment instructions or other written confirmation.

(b) (Success) For the purposes of these terms, Success occurs when:

(i) you, your Fiscal Partner or a purchasing entity nominated by you has entered into all binding contracts required to acquire or construct a property introduced or recommended through the Alliance Partnership; and

(ii) the deposit or deposits required under those binding contracts have been paid.

(c) An Expression of Interest, reservation form, preliminary holding payment or non-binding offer does not, by itself, constitute Success. Success may occur while a contract remains subject to a cooling-off period, finance condition or another contractual termination right. A later rescission, termination, default, failure to settle or decision not to proceed does not reverse Success for the purposes of the Alliance Partnership.

(d) (Payment at Success) When Success occurs, the Success Balance becomes due and payable. We may issue an invoice or payment request, charge an authorised payment method or provide EFT instructions in accordance with the Payment Option accepted by you.

(e) (Payment authority) Where you have authorised us or a Payment Provider to charge the Success Balance, you authorise the charge to be processed when Success occurs. If the authorised payment method is unavailable or unsuccessful, you remain responsible for paying the Success Balance by another approved method.

4.3 FAILURE TO PAY

(a) If an amount that has become due under these terms is not paid, or a payment is disputed, reversed or charged-back other than because of a refund under Part A clause 7.1, Part B clause 5 or a right under law, then:

(i) we may contact you and provide a reasonable opportunity to resolve the payment issue;

(ii) if the amount remains unpaid, we may pause the relevant Services until the payment issue is resolved;

(iii) if we cannot resolve the overdue payment with you within a reasonable period, we may take reasonable steps to recover the amount due, including referring the matter to a debt collection agency where necessary; and

(iv) you must reimburse us for reasonable recovery costs actually incurred by us and recoverable under applicable law.

(b) For the avoidance of doubt, the Success Balance does not become due or payable before Success occurs.

5 COLLECTION NOTICE AND PRIVACY

(a) We may collect personal information about you in the course of providing you with our Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

(c) By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.

6 INTELLECTUAL PROPERTY

6.1 OUR IP

Intellectual Property Rights in the Services and our Services and any other related information or materials (materials) are owned or licensed by us. Except as permitted under applicable laws, no part of the material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.

You will not under these terms acquire Intellectual Property Rights in any of Our IP.

6.2 DEFINITIONS

For the purposes of this Part A clause 6:

(a) “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.

(b) “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, materials, tools, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

7 SUCCESS GUARANTEE AND REFUNDS

7.1 SUCCESS GUARANTEE

(a) The Success Guarantee applies only to Alliance Partnership Fees paid by you. It does not apply to Due Diligence Pack fees, Third Party Fees or any other separately purchased product or service.

(b) If Success does not occur, you may stop using the Alliance Partnership and request a refund of all Alliance Partnership Fees you have paid.

(c) The Success Guarantee applies regardless of the reason Success does not occur, including where:

(i) we are unable to help you secure a property;

(ii) you do not financially qualify to acquire a property;

(iii) your personal or financial circumstances change;

(iv) you change your mind or decide property investing is not right for you; or

(v) you otherwise choose to withdraw before Success occurs.

(d) There is no fixed time limit within which Success must occur for the Success Guarantee to apply, and the Success Guarantee is not conditional on attendance, use of a nominated broker, financial qualification, compliance with a prescribed process or any other condition.

(e) Once Success occurs:

(i) we have satisfied the Success Guarantee;

(ii) the Success Balance becomes due and payable under Part A clause 4.2; and

(iii) the Alliance Partnership Fees are not refundable under the Success Guarantee merely because you later rescind or terminate a property contract, fail to complete or settle the purchase, or otherwise decide not to proceed.

(f) A refund of Alliance Partnership Fees does not automatically entitle you to a refund of Due Diligence Pack fees or Third Party Fees. Due Diligence Pack refunds are governed separately by Part B clause 5.

(g) Nothing in this Part A clause 7 is intended to limit or otherwise affect the operation of any rights which cannot be excluded under applicable law, including the Competition and Consumer Act 2010 (Cth).

7.2 REFUND PROCESSING

(a) To request a refund, you must notify us in writing, including by email, and provide information reasonably required to identify your Registration and payment.

(b) Where you are entitled to a refund under these terms, we will process the refund within 10 business days after receiving your request and the information reasonably required to process it.

(c) Refunds will ordinarily be returned to the original payment method. If that is not reasonably available, we may request appropriate bank account details or agree another payment method with you.

(d) After we process a refund, your bank, card provider, PayPal or other Payment Provider may require additional time to make the funds available. Those external processing times are outside our control.

(e) If we agree to provide a discretionary refund where these terms do not require one, the same processing arrangements apply unless we confirm otherwise in writing.

8 CONFIDENTIALITY

8.1 CONFIDENTIAL INFORMATION

(a) In these terms, “Confidential Information” is defined to mean information of, or provided by, a party that is by its nature confidential information, is designated as confidential, or that the recipient of the information knows or ought to know is confidential (including all commercial information exchanged between the parties), but does not include information which is, or becomes, without a breach of confidentiality, public knowledge.

(b) Either party, even after the termination of these terms, must not disclose Confidential Information directly or indirectly to any third party, except:

(i) with the other party’s prior written consent;

(ii) as required by Law; or

(iii) to their Personnel on a need-to-know basis for the purposes of performing its obligations under this agreement (Additional Disclosees).

8.2 BREACH

If either party becomes aware of a suspected or actual breach of Part A clause 8.1(b) by that party or an Additional Disclosee, that party will immediately notify the other party and take reasonable steps required to prevent, stop or mitigate the suspected or actual breach. The parties agree that damages may not be a sufficient remedy for a breach of Part A clause 8.1(b).

8.3 PERMITTED USE

A party may only use the Confidential Information of the other party for the purposes of exercising its rights or performing its obligations under this agreement.

8.4 RETURN

On termination or expiration of this agreement, each party must immediately return to the other party, or (if requested by the other party) destroy, any documents or other Material in its possession or control containing Confidential Information of the other party.

8.5 ADDITIONAL DISCLOSEES

Each party will ensure that Additional Disclosees keep the Confidential Information confidential on the terms provided in this Part A clause 8. Each party will, when requested by the other party, arrange for an Additional Disclosee to execute a document in a form reasonably required by the other party to protect Confidential Information.

9 NON-DISPARAGEMENT AND PUBLIC STATEMENTS

(a) You may provide honest feedback, reviews or commentary about your experience with Access Wealth and the Services.

(b) You must not knowingly or recklessly publish, communicate or encourage any statement about Access Wealth, its related entities, personnel, Referral Partners, Third Party Providers or the Services that:

(i) is false, misleading or deceptive;

(ii) contains an allegation presented as fact where you do not have reasonable grounds for believing it to be true;

(iii) is made maliciously or primarily for the purpose of causing unjustified harm to the reputation of Access Wealth or another person; or

(iv) unlawfully discloses Confidential Information, Our IP, proprietary materials, property information, client information or personal information.

(c) Nothing in this clause prevents you from:

(i) giving an honest review or expressing a genuinely held opinion based on your experience;

(ii) making a complaint directly to us;

(iii) obtaining legal, financial or other professional advice;

(iv) communicating with a court, regulator, law enforcement agency, government authority or dispute-resolution body;

(v) making a disclosure required or protected by law; or

(vi) exercising any right or remedy that cannot lawfully be excluded or restricted.

(d) If either party believes a public statement made by the other party is materially false or misleading, the parties should first use reasonable efforts to raise and resolve the issue directly, except where urgent action, legal advice or a report to an authority is reasonably required.

10 DATA SECURITY

While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Services will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

11 THIRD PARTY SERVICES, CONTENT, TERMS AND WEBSITES

11.1 THIRD PARTY GOODS AND SERVICES

If you are required to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (‘Third Party Terms’). All Third Party Terms will be received from the third parties directly. Access Wealth will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

11.2 THIRD PARTY CONTENT

The Services may contain text, images, data and other content provided by a third party and displayed in the information provided through the Services (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

11.3 LINKS TO OTHER WEBSITES

(a) The Services may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b) Inclusion of any linked website on the Services does not imply our approval or endorsement of the linked website.

12 SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Services. You should take your own precautions to ensure that the process that you employ for accessing the Services does not expose you to risk of viruses, malicious computer code or other forms of interference.

13 NOTICES

(a) A notice or other communication to a party under these terms must be:

(i) in writing and in English; and

(ii) delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii) when replied to by the other party,

whichever is earlier.

14 LIABILITY, INDEMNITY AND CONSEQUENTIAL LOSS

14.1 LIABILITY

(a) To the maximum extent permitted by law and subject to Part A clause 14.1(b), the total liability of each party in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount you have paid us in the 3 months preceding the date of the event giving rise to the relevant liability.

(b) Part A clause 14.1 does not apply to the Client’s liability in respect of loss or damage sustained by us arising from your breach of:

(i) Part A clauses 3, 4, 6 and 7; and

(ii) Part B clauses 2, 3, 4 and 5.

(c) Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund or replacement) if there is a failure with the goods or services we provide.

14.2 INDEMNITY

(a) Each party agrees to indemnify the other party and its employees, contractors and agents (“those indemnified”) from and against any loss or liability incurred or suffered by any of those indemnified where such loss or liability was caused or contributed to by the other party’s employees’, clients’, contractors’ or agents’ negligent, wilful, fraudulent or criminal act or omission.

14.3 CONSEQUENTIAL LOSS

(a) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by the Access Wealth, except:

(i) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or

(ii) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth);

(b) Part A Clause 14.3(a) does not apply to your liability in respect of loss or damage arising from your breach of:

(i) Part A clauses 3, 4, 6 and 7; and

(ii) Part B clauses 2, 3, 4 and 5.

15 DISPUTE RESOLUTION

(a) A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(b) A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

16 TERMINATION

16.1 AUTOMATIC TERMINATION

Your Account and/or Registration will terminate automatically at the end of the Services Term (whether you have accessed the Services or not).

16.2 TERMINATION FOR CONVENIENCE

Either party may terminate these terms for convenience at any time by providing 7 days’ written notice to the other party.

16.3 TERMINATION FOR CAUSE

Either party may immediately terminate these terms by written notice to the other party if:

(a) the other party is in default or breach of these terms;

(b) the other party is convicted, or any of the other party’s personnel are convicted, of a criminal offence involving fraud or dishonesty or an offence which, in the opinion of the other party, affects the other party’s obligations under these terms;

(c) the other party or any of the other party’s personnel conducts themselves in a way tending to bring them or the other party into disrepute; or

(d) the other party or any of the other party’s personnel has a conflict of interest that cannot be resolved to the satisfaction of the other party.

16.4 EFFECT OF TERMINATION

Upon termination of these terms:

(a) your Account and/or Registration will be terminated, and you will no longer have access to the Services;

(b) if Success has not occurred, the Success Balance will not become payable and any refund of Alliance Partnership Fees will be determined in accordance with the Success Guarantee in Part A clause 7.1;

(c) if Success has occurred, the Success Balance remains due and payable and the Success Guarantee has been satisfied;

(d) any refund of Due Diligence Pack fees or Third Party Fees will be determined separately under Part B clause 5; and

(e) you must immediately deliver to us all property belonging to us and materials comprising or containing any of Our IP (as defined in Part A clause 6.2(a)) which is in your care, custody or control, and you must thereafter destroy any copies you have of such materials.

16.5 SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of these terms will survive and be enforceable after such termination or expiry.

17 GENERAL

17.1 GOVERNING LAW AND JURISDICTION

These terms are governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

17.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

17.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

17.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

17.5 ASSIGNMENT

You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

17.6 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

17.7 ENTIRE AGREEMENT

These terms, together with the accepted description of the Services, Payment Option, checkout or EFT form, invoice, Privacy Policy and any written variation accepted by both parties, embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

17.8 VERSION OF TERMS

The version of these terms accepted at your Registration applies to that Registration. Publishing a later version on our Website does not retrospectively replace the terms you accepted unless you and Access Wealth agree to the change in writing or the change is required by law.

17.9 ELECTRONIC COMMUNICATIONS AND RECORDS

You consent to receiving notices, terms, invoices and other communications electronically. Electronic acceptance, checkboxes, form submissions, payment records and emails may be used as evidence of the agreement and related transactions.

17.10 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (gender) words indicating a gender includes the corresponding words of any other gender;

(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(g) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(j) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

1 Registering for the Due Diligence PACK

(a) To register for the Due Diligence Pack, you must first:

(i) complete Registration;

(ii) click a tick-box, submit an online or EFT form or otherwise confirm that you agree to the Due Diligence Pack Terms;

(iii) pay the deposit, initial amount or full Due Diligence Pack fees required through our checkout, online form, EFT instructions, invoice or other written arrangement; and

(iv) provide the information reasonably required for us to arrange the Due Diligence Services.

(b) Registering for the Due Diligence Pack constitutes your acceptance of these Due Diligence Pack Terms, where we will arrange for you to be provided with the services included in the Due Diligence Pack in exchange for payment of the total fees displayed or confirmed to you.

(c) The Due Diligence Pack agreement is formed when you accept these terms and make the required payment, unless we notify you within a reasonable period that we cannot accept the Registration and refund the amount paid.

2 Due Diligence SERVICES

2.1 INCLUSIONS & AUTHORISATION

(a) In consideration for payment of the Fees set out on the Website, we will assist you with procuring the third party services set out in the Due Diligence Pack on the Website, such as legal services, conveyancing services and other real estate services (Due Diligence Services).

(b) You acknowledge and agree that:

(i) while the Due Diligence Pack is designed to supplement the Paid Services, we act as an intermediary between you and professionals who provide the Due Diligence Services;

(ii) as part of the Due Diligence Pack, we may introduce you to various third parties who provide the Due Diligence Services (Third Party Providers) or arrange for those Third Party Providers to provide the Due Diligence Services to you on your behalf;

(iii) the Due Diligence Services are separate to the Paid Services provided by us and, unless explicitly stated otherwise, we do not provide any of the Due Diligence Services included in the Due Diligence Pack directly to you ourselves.

(c) By agreeing to these Due Diligence Terms and purchasing the Due Diligence Pack you expressly authorise us to introduce you to Third Party Providers or arrange for the provision of the Due Diligence Services to you from those Third Party Providers behalf as set out in the Due Diligence Pack and at the prices set out on the Website.

(d) You acknowledge and agree that the contractual relationship for the delivery of the Due Diligence Services is between you and the relevant Third Party Provider.

(e) Where a Third Party Provider has separate Third Party Terms, those terms will be provided to you before or at the time that provider is engaged. By accepting the Due Diligence Services from that provider, you agree to the relevant Third Party Terms and acknowledge that, subject to applicable law, we will not be liable for loss or damage suffered by you in connection with those Third Party Terms.

(f) We will not be liable for any loss or damage suffered by you in connection with Due Diligence Services provided by a Third Party Provider, including where information provided by the Third Party Provider is incomplete or inaccurate, except to the extent the loss was caused by our own act or omission or liability cannot lawfully be excluded.

(g) If, for any reason (except fault on our part), any Third Party Provider is unable to provide the Due Diligence Services or there is an issue with the Due Diligence Services, your rights are against that Third Party Provider and not against us.

2.2 THIRD PARTY TERMS

(a) Where we arrange for the Due Diligence Services to be provided to you from a Third Party Provider, you will be subject to Third Party Terms.

(b) If you do not agree to these Third Party Terms, you agree that you must inform us (and the relevant Third Party Provider) that you do not agree to the Third Party Terms before receiving any of the Due Diligence Services. Subject to Part B clause 5 you may be entitled to a refund of any Fees paid if you inform us that you do not wish to proceed with the Due Diligence Pack prior to receiving the Due Diligence Services.

2.3 YOUR OBLIGATIONS

By Registering for our Due Diligence Pack and accepting any Due Diligence Services, you acknowledge and agree to:

(a) provide us and each relevant Third Party Provider with all information that we request in order to arrange for the delivery of the Due Diligence Services, and such information is to be complete and accurate;

(b) informing us of all relevant information (whether or not explicitly requested by us) which would reasonably be foreseeable to affect the Due Diligence Services;

(c) participate fully in the provision of the Due Diligence Services; and

(d) communicate with or respond to any Third Party Provider (as defined in Part B clause 2.1(b)) in a timely and reasonable manner to receive the Due Diligence Services.

2.4 DISCLAIMER

Our Due Diligence Pack is designed as a supplementary package to our other Services to assist you with obtaining professional advice to help you with making an informed decision regarding your investment options, however, you acknowledge and agree that:

(a) you must make your own enquires and decision regarding the suitability of the Due Diligence Services for your particular circumstances;

(b) we expressly disclaim any warranty or representation that reliance on the Due Diligence Services provided in connection with the Due Diligence Pack will ensure compliance with any regulations or other law or that every possible risk, hazard, or issue with a particular property or investment will be identified if your purchase the Due Diligence Pack;

(c) we cannot guarantee any particular decision from any third party on any issue and you acknowledge and any such decision, result, or outcomes are subject to factors outside of our control;

(d) our liability arising from any actions or decisions taken by you based on the Due Diligence Services received as part of the Due Diligence Pack is limited or excluded in accordance with these terms; and

(e) we do not provide any of the Due Diligence Services ourselves and any claim arising as a result of the Due Diligence Services must be made against the relevant Third Party Provider.

3 RELATIONSHIP

3.1 RELATIONSHIP

Nothing in these Due Diligence Pack Terms constitutes or deems any Third Party Provider to be an employee or agent of Access Wealth and Access Wealth does not hold itself out as being entitled to contract in the name of any Third Party Provider.

3.2 REFERRAL BENEFITS

(a) Access Wealth may receive a referral fee, commission, rebate or other benefit from a Third Party Provider in connection with the Due Diligence Pack or a referral.

(b) Your acceptance of these terms acknowledges that such a benefit may be received. Where applicable law requires a more specific disclosure or separate consent, we will provide or obtain it before proceeding.

(c) A referral or benefit does not constitute a guarantee, warranty or endorsement of the Third Party Provider’s services.

3.3 No exclusivity

(a) Access Wealth is not under any commitment to work exclusively with any Third Party Provider.

(b) Before you purchase the Due Diligence Pack, we may provide a list of recommended Third Party Providers to provide the relevant Due Diligence Services (Approved Providers).

(c) If you wish for the Due Diligence Services to be performed by a Third Party Provider that is not an Approved Provider, please let us know and we will assess your request.

(d) All requests will be assessed on a case-by-case basis and will not be unreasonably withheld, however, approval of a request to receive Due Diligence Services from a Third Party Provider that is not an Approved Provider will be at our sole discretion.

(e) If we reject your request to work with a particular Third Party Provider, subject to Part B clause 5, we will provide you with a refund on any Fees paid by you to us for the Due Diligence Pack (any Fees paid in respect of the other Services will be subject to our refund policy set out in Part A Clause 7.1).

4 PAYMENT

(a) (Due Diligence Pack Fees) Subject to Part B clause 4(b), when you purchase the Due Diligence Pack through our Website, checkout, online form, EFT process, invoice or other written arrangement, you must pay:

(i) our Fees as displayed or confirmed in respect of the Due Diligence Pack; and

(ii) where you have authorised us to arrange for the Due Diligence Services to be provided to you, any fees, charges or other amounts payable to the relevant Third Party Provider (Third Party Fees), either directly to that Third Party Provider or as reimbursement to us where we pay the Third Party Fees for you,

at the times and in the amounts displayed or confirmed through our Website, checkout, online form, EFT process, invoice or other written arrangement.

(b) (Payment on Deposit) Where specified on the Website or otherwise in writing, we may accept the Due Diligence Pack fees in two instalments. In such circumstances you agree:

(i) to pay a first instalment of our Fees and any Third Party Fees as displayed or confirmed to secure your Registration for the Due Diligence Pack (Deposit); and

(ii) to pay the remainder of our Fees and any Third Party Fees in a second instalment when you purchase a property in connection with the Paid Services,

in the amounts and at the times described in the payment arrangement accepted by you.

(c) (Failure to Pay) In addition to the terms set out in Part A clause 4.3, where you fail to pay Third Party Fees when required, you acknowledge and agree that:

(i) Third Party Providers may immediately cease providing the Due Diligence Services in accordance with the Third Party Terms;

(ii) we will not be liable for loss or damage suffered by you as a result of not receiving the Due Diligence Services for any reason including a failure to pay our Fees or Third Party Fees, except to the extent required by law; and

(iii) you will reimburse us for reasonable loss or costs suffered by us as a result of your failure to pay, including Cancellation Fees or other charges properly incurred on your behalf.

(d) (Termination) You may terminate your payment authorisation or change your payment method by contacting us via our Website or by email. Where applicable, amounts that have already become due and payable remain payable.

5 DUE DILIGENCE PACK REFUNDS

(a) (Separate from the Success Guarantee) A refund of Alliance Partnership Fees under Part A does not automatically entitle you to a refund of Due Diligence Pack fees or Third Party Fees. Due Diligence Pack refunds are assessed separately under this Part B clause 5.

(b) (Our Fees) Subject to Part B clauses 5(c) to 5(e), we will refund our Fees in respect of the Due Diligence Pack if you do not complete the purchase of a property as part of the Paid Services.

(c) Refunds under Part B clause 5(b) are subject to the following conditions:

(i) you must provide us with complete and accurate information as we request from you, including from your Fiscal Partner, and you must be honest about your financial position and must not leave out information regarding your finances;

(ii) you must not be in material breach of these terms in a way that caused or materially contributed to the property purchase not completing;

(iii) you must not have completed the purchase in respect of any properties we have recommended or introduced to you as part of the Paid Services; and

(iv) you must not have voluntarily made any change to an area of your life that a reasonable person would expect would negatively affect your financial position and risk your ability to purchase an investment property as part of the Services, without first raising the proposed change with the relevant lending professional or Access Wealth.

(d) (Administrative Fees) In the event that you cancel the Due Diligence Pack and receive a refund in accordance with this Part B clause 5, Access Wealth may in its discretion deduct an administration fee of up to $250 to cover reasonable administrative, payment-processing and cancellation costs.

(e) (Third Party Fees and work already performed) You acknowledge and agree that, if you cancel the Due Diligence Services or a property purchase does not complete:

(i) a Third Party Provider may charge for work commenced or completed or may charge a fee for a change in or cancellation of the Due Diligence Services (Cancellation Fee);

(ii) amounts properly payable for work performed or cancellation may be deducted from any refund;

(iii) where we have agreed to pay Third Party Fees on your behalf and you have not reimbursed us, you agree to reimburse us for those fees and any Cancellation Fees properly incurred;

(iv) if the relevant Third Party Fees or Cancellation Fees exceed the Due Diligence Pack fees you have paid, you must pay the difference;

(v) where you have paid Third Party Fees directly to the Third Party Provider, your ability to obtain a refund will depend on the relevant Third Party Terms; and

(vi) except where otherwise expressly agreed or required by law, you have no claim against us for loss or damage arising solely from your cancellation of the Due Diligence Services.

(f) (Refund processing) Once the refund amount is determined, we will process any amount payable by us within 10 business days after receiving the information reasonably needed to process it. External bank and Payment Provider processing times are outside our control. Nothing in this clause limits rights that cannot lawfully be excluded, including under the Competition and Consumer Act 2010 (Cth).