Investmentor Membership Terms & Conditions
1. DEFINITIONS AND INTERPRETATIONS
1.1. Personal pronouns:
1.1.1. the terms we, us or our refers to Investmentor; and
1.1.2. the terms you or your refer to the Member.
1.2. Defined terms: in these Terms & Conditions unless otherwise provided, the following terms shall have their meaning as specified:
1.3. Subscription means you make payment and sign up for the membership.
1.4. Confidential Information means all information, regardless of form and all confidential, non-public or proprietary information of Investmentor, regardless of how is stored or delivered, including information that the parties reasonably would or should understand to be confidential.
1.5. Consequential Loss means:
1.5.1. any losses or liabilities suffered by a party that cannot reasonably be considered to arise naturally from the breach or other event or events that give rise to the losses or liabilities; and
1.5.2. Loss of revenue, punitive damages, loss of profit, loss of anticipated savings and loss of business opportunity.
1.6. Default Event means any of the following:
1.6.1. you have failed to make payment of the Membership Fee when due;
1.6.2. you have committed a material breach of these Terms and Conditions; or
1.6.3. you have engaged in conduct that amounts to serious or willful misconduct including:
1.6.3.1. committing an act of dishonesty or theft;
1.6.3.2. assaulting or engaging in threatening behaviour towards our staff, agents, representatives, or members;
1.6.3.3. creating a serious risk to the health and safety of our staff, agents, representatives’ members, or another person; or
1.6.3.4. engaging in conduct that causes unacceptable loss to our reputation or profitability or may be reasonably likely to do so; or
1.7. Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trademarks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions accessed through Investmentor and includes any of our manuals, drawings, illustrations, DVD’s, webinars,
specifications, or other literature.
1.8. Membership means the selected Investmentor Membership plan as set out in the Membership Summary in the Schedule, or as amended by written agreement between the parties.
1.9. Membership Fee means the fee listed in the relevant section of the Membership Summary.
1.10. Membership Services means the services provided by us as part of the Membership are set out in the Membership Summary.
2. MEMBERSHIP
2.1. These Terms and Conditions apply to your Membership from the date you subscribed to the Membership.
2.2. By making the payment either in full or by instalment, you have subscribed to the Membership with Investmentor.
2.3. Subject to us being satisfied with your suitability for Membership based on our evaluation and professional judgement, we will provide you the Membership Services from the date you subscribed to our membership.
2.4. You must become a member before submitting an Expression of Interest for a property. You agree:
2.4.1. To complete and provide all documents relating to the provision of the Membership Services as required by us in an accurate and timely manner; and
2.4.2. That you have/will make your own assessment of the fitness for purpose and suitability of the Membership Services.
3. FEE AND PAYMENT
3.1. The Membership Fee will be debited to your nominated credit card at time of subscription in two instalments as follows;
3.1.1. Initial payment of $197 to activate the membership, and
3.1.2. a final payment of $2,300 upon submission of an Expression of Interest (EOI) of a property through Investmentor’s recommendation.
3.2. Subject to clause 4.1 and 4.2, Investmentor may offer a 365 day money back guarantee. During this period, you may cancel any time for a full refund by emailing members@investmentor.com.au subject to clauses 3.2.1 and 3.2.2
below.
3.2.1. To be eligible for the 365 day money back guarantee, you must complete the following steps of the mentorship program:
3.2.1.1. Completing the Fact Find in full; and
3.2.1.2. Attending at least 3 “new opportunity webinars”.
3.2.2. If an Expression of Interest (EOI) of a property is submitted before the end of the 365 day period, the date of you submitting the EOI will deem to be the end of 365 day period and you will no longer be entitled to any refund of the Membership Fee.
3.3. All payments are to be made to us by credit card, EFT or as otherwise indicated by us in writing. Credit card surcharges may apply.
3.4. We may recover from you any costs we incur in the collection of the Membership Fee including any reasonable debt recovery fees.
3.5. During the course of a payment plan, if payments are not made in accordance with the agreed timeline as per clause 3.1, membership and access to members only benefits will not be granted until such time that payment is made, unless otherwise stated in writing.
3.6. In the event that you submit an EOI for a property and engage the services of a recommended legal firm to act on your behalf for the purchase, and subsequently you decided not to proceed with the purchase or you failed to settle the property successfully as per terms and conditions of the contract of sale:
3.6.1. You are responsible to pay for the conveyancing costs incurred to date directly to the legal firm or
3.6.2. You agree to reimburse Investmentor any conveyancing cost paid on your behalf within 14 days of notice to pay.
3.7. You are entitled to add a parent, partner, sibling, or friend (Additional Member) to your Membership if you and such Additional Member are purchasing property jointly at all times; however, please note that one membership only grants access
4. REFUNDS
4.1. To the extent permitted under law, no refunds will be granted once the 365 day money back period lapses regardless if you made one off payment or are on a payment plan for the membership.
4.2. You agree that you will not be entitled to a refund of the Membership Fee within the 365 day money back period if:
4.2.1. You have committed a Default Event;
4.2.2. You purposefully and/ or knowingly provide misleading or false information or
4.2.3. You have completed the signing of an Expression of Interest for a property recommended by Investmentor.
5. CONFIDENTIALITY
5.1. You undertake to keep confidential any Confidential Information which you obtain and not to use such information or disclose it to any other person, except as permitted under this clause.
5.2. You shall keep confidential and shall not use any Confidential Information communicated by us to you without our prior written consent.
5.3. The restriction contained in this clause shall continue to apply for the term of your Membership with us and after the expiry or termination of this agreement.
5.4. You may disclose any Confidential Information to the extent:
5.4.1. required by law; or
5.4.2. required by any competent regulatory authority or recognised stock
exchange; or
5.4.3. where such information is in the public domain other than through breach of these Terms and Conditions, provided that any Confidential Information shall only be disclosed in such circumstances permitted above after notification in writing (with full particulars) to us if such notification is practicable in the circumstances.
6. PRIVACY AND DATA
6.1. You understand that unless you consent to the use and disclosure of your information that Investmentor cannot complete a Property Strategy Plan.
6.2. You understand that you will be sent a financial fact find form, and you consent to the Investmentor sharing this information with third parties listed in, and otherwise handling your personal information in accordance with, Investmentor’s Privacy
Policy and Disclaimer.
6.3. You understand that, during the course of the membership. we may refer you to one of our preferred third-party suppliers (including, but not limited to, our preferred mortgage broker, property manager, insurance broker or conveyancer)
(Referral Partner). If you choose to proceed with a Referral Partner as a result of our referral, we may receive a referral fee or benefit. Any information we disclose to the Referral Partner as a consequence of our referral, will be dealt with in accordance with clause 6.2.
6.4. You understand that your Property Strategy Plan and Analysis and the associated property acquisition recommendations will be based on the information provided and that if your circumstances change that you should immediately update your information with Investmentor so that appropriate adjustments can be made to your plan.
7. INTELLECTUAL PROPERTY
You agree that all of our Intellectual Property Rights relating in any way to the supply of our Membership Services, remains our property and shall not be transferred, assigned, licensed, reproduced, disclosed or otherwise given to any other person by you without our prior written consent.
8. EXCLUSIONS AND ACKNOWLEDGEMENTS
8.1. You acknowledge and understand that Investmentor are not licensed financial advisors or licensed tax or finance specialists and that we do not provide financial services as defined in the Corporations Act 2001 (Cth) and that you need to seek your own independent financial advice and/or taxation advice before making any investment decision and that Membership gives you access to licensed professionals within the Investmentor network.
8.2. You acknowledge and understand that the Investmentor program consists of a series of projections based on assumptions. You acknowledge that projections and assumptions will be based on past performance and/or forecast numbers chosen by you. You understand that past performance is not a guarantee of ffuture performance.
8.3. To the fullest extent permitted by law, we exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to these Terms and Conditions, that are not contained in it.
8.4. To the fullest extent permitted by law, we exclude any liability arising in relation to the provision of our Membership Services, however arising and whether for Consequential Loss or otherwise, including any liability arising by virtue of any representation or warranty, whether express or implied by law.
8.5. We will not be liable for any loss or damage caused by:
8.5.1. non-adherence by you to the information, recommendations and strategies provided to you under the Membership Services;
8.5.2. interference with our Membership Services for which we are not responsible;
8.5.3. unusual or non-recommended use of the Membership Services;
8.5.4. your failure to promptly provide us with any documents or information we request.
8.6. We will not be liable for any special, indirect, Consequential Loss or damage suffered by you or any other person resulting from any act or omission by us.
8.7. Our total liability for breach of these Terms and Conditions or breach of our contractual obligations or duties at law or in equity (however arising) is limited at our option to:
8.7.1. the supply of the Membership Services again; or
8.7.2. the payment of the cost of having the Membership Services supplied again.
8.8. You do not enter into this agreement in reliance upon any statement or representation (whether negligent or otherwise) whether oral, written, express or implied, given or agreed to be given by any person except those expressly set out or referred to in these Terms and Conditions.
8.9. The only remedy available in respect of any misrepresentation or untrue statement made to you shall be a claim for breach of contract under these Terms and Conditions.
8.10. We provide no warranty in respect of any third-party services even where forming part of the Membership Services and we accept no liability or responsibility for any third-party services. Any claim in relation to such third8.1. You acknowledge and understand that Investmentor are not licensed financial advisors or licensed tax or finance specialists and that we do not provide financial services as defined in the Corporations Act 2001 (Cth) and that you need to seek your own independent financial advice and/or taxation advice before making any investment decision and that Membership gives you access to licensed professionals within the Investmentor network.
8.2. You acknowledge and understand that the Investmentor program consists of a series of projections based on assumptions. You acknowledge that projections and assumptions will be based on past performance and/or forecast numbers chosen by you. You understand that past performance is not a guarantee of future performance.
8.3. To the fullest extent permitted by law, we exclude all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to these Terms and Conditions, that are not contained in it.
8.4. To the fullest extent permitted by law, we exclude any liability arising in relation to the provision of our Membership Services, however arising and whether for Consequential Loss or otherwise, including any liability arising by virtue of any representation or warranty, whether express or implied by law.
8.5. We will not be liable for any loss or damage caused by:
8.5.1. non-adherence by you to the information, recommendations and strategies provided to you under the Membership Services;
8.5.2. interference with our Membership Services for which we are not responsible;
8.5.3. unusual or non-recommended use of the Membership Services;
8.5.4. your failure to promptly provide us with any documents or information we request.
8.6. We will not be liable for any special, indirect, Consequential Loss or damage suffered by you or any other person resulting from any act or omission by us.
8.7. Our total liability for breach of these Terms and Conditions or breach of our contractual obligations or duties at law or in equity (however arising) is limited at our option to:
8.7.1. the supply of the Membership Services again; or
8.7.2. the payment of the cost of having the Membership Services supplied again.
8.8. You do not enter into this agreement in reliance upon any statement or representation (whether negligent or otherwise) whether oral, written, express or implied, given or agreed to be given by any person except those expressly set out or referred to in these Terms and Conditions.
8.9. The only remedy available in respect of any misrepresentation or untrue statement made to you shall be a claim for breach of contract under these Terms and Conditions.
8.10. We provide no warranty in respect of any third-party services even where forming part of the Membership Services and we accept no liability or responsibility for any third-party services. Any claim in relation to such third-party services must be made directly against the third-party provider.
8.11. You recognise and acknowledge that Investmentor are paid a commission on services including but not limited to property sales and provision of finance.
8.12. If you have a scheduled mentor session and you can no longer attend, you agree to notify us as soon as possible, and must contact us at least 24 hours prior to the start of your mentor session by phone 1800 636 686 or email members@investmentor.com.au with any rescheduling requests. You agree that cancelling or rescheduling with less than 24 hours’ notice or a failure to attend a scheduled session may result in you being liable for a $100 cancellation or no-show fee (Cancellation Fee) and we will raise an invoice for the Cancellation Fee or charge the Cancellation Fee to your account.
9. TERMINATION
9.1. Without limiting any other rights we may have under these Terms and Conditions or otherwise, if we determine that you have committed a Default Event we may terminate our agreement with you by providing written notice to you.
9.2. If we terminate our agreement with you, all monies owing to us become immediately due and payable and you agree to indemnify us in respect of all losses and costs (including legal costs) that we may incur as a result of your breach of these Terms and Conditions.
10. GENERAL
10.1. Your application and these Terms and Conditions (including any Schedule) constitutes the full and complete agreement between you and Investmentor in relation to your Membership and supersedes any and all previous agreements, understandings, negotiations or representations between the parties in respect of all matters addressed in the Terms and Conditions.
10.2. If we adopt new terms and conditions for our Membership Services you will be given 14 days written notice of this and unless otherwise agreed, they will apply to the supply of the Membership Services after you confirm in writing your acceptance of such new terms and conditions.
10.3. If any provision or part of any provision of these Terms and Conditions is invalid, illegal or unenforceable, such provision or part thereof shall be severed from these Terms and Conditions and the remainder shall continue in full force and effect.
10.4. These Terms and Conditions shall bind our successors, administrators and permitted assigns and your executors and permitted assigns, or, being a company, its successors, administrators and permitted assigns.
10.5. We may without notice to you assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Terms and Conditions.
10.6. You may not assign, transfer, hold on trust or otherwise delegate any of your rights or obligations under these Terms and Conditions without our prior written consent.
10.7. These Terms and Conditions shall be governed by the laws of New South Wales and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales.
11. NOTICES
11.1. A notice required to be given under these Terms and Conditions shall be given in writing and delivered personally, by email, by facsimile transmission or, forwarded by pre-paid post (airmail if overseas) to the addresses set out in the Application.
11.2. Notices which are sent by us will be deemed to have been received by the addressee:
11.2.1. If left at the recipient’s address, on the date of delivery;
11.2.2. If sent by prepaid post, 5 days after the date of posting;
11.2.3. If sent by fax, when the sender ’s facsimile system generates a message confirming successful transmission of the total number of pages of the notice; or
11.2.4. If it is sent in electronic form, when the electronic communication comes to the attention of the recipient.
SCHEDULE – MEMBERSHIP SUMMARY
MEMBERSHIP [A] PLAN
Membership fee
$
2,497
$197 upfront
$2,300 balance paid on securing property
- MEMBERSHIP SERVICES
- Members will receive access to:
- 1. 1 to 1 Mentorship
- 2. Premium Education & Training
- 3. Exclusive Research & Data
- 4. Access to an Expert Team
* If you have a scheduled mentor session and you can no longer attend, you agree to notify us as soon as possible, and must contact us at least 24 hours prior to the start of your mentor session by phone 1800 636 686 or email members@investmentor.com.au with any rescheduling requests. You agree that cancelling or rescheduling with less than 24 hours’ notice or a failure to attend a scheduled session may result in you being liable for a $100 cancellation or no-show fee (Cancellation Fee) and we will raise an invoice for the Cancellation Fee or charge the Cancellation Fee to your account.
All contents published on this website or otherwise made available by InvestMentor Pty Ltd to you is general information only and is intended to help you in understanding the products and services offered by InvestMentor Pty Ltd. The information does not take into considerations of any particular investment objectives or financial situation of any potential reader. It does not constitute, and should not be relied on as, financial, investment, legal or any other professional advice or recommendations both expressed or implied. It should not be used as an invitation to take up any investments or investment services. You are advised to do your own due diligence when it comes to making financial and investment decisions and should use caution and seek the advice of qualified professionals such as accountant, lawyer, or other professional advisors before acting on this or any information. Investmentor Pty Ltd, its employees or contractors do not represent or guarantee that the information is accurate or free from errors or omissions and therefore provide no warranties or guarantees. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of professional advice. Nothing contained on the website or in materials available for download on the website provides professional advice in any way.
Investmentor Pty Ltd disclaims liability and assumes no responsibility for your use of the website and you will indemnify Investmentor Pty Ltd against any losses or damages resulting from your use of any link, information, or opportunity contained within the website or any information within it.
