- “Communications Facility’ means any forms of communications between Maxmillian Property, users and members including but not limited to emails, phone calls, letters and facsimiles;
- “Laws” means any applicable law of Australia;
- “Maxmillian Property” means Forte Realty Pty Ltd trading as Maxmillian Property (ABN;46607718758);
- “Maxmillian Property Mentoring Program” means the program developed by Maxmillian for the main purpose of, but not limited to, assisting prospective purchasers on property purchases and investments;
- “Members” means members or subscribers of Maxmillian Property Mentoring Program ;
- “Users” means users of Maxmillian Property’s Websites, platforms and any digital media, including Members and non-Members, are referred to as “Users” in the rest of Terms & Conditions;
- “Websites” means Websites, platforms and any digital media provided by Maxmillian Property or its subsidiaries.
1.1 Maxmillian Property, Users and Members agree to comply with all applicable Laws regarding online conduct and acceptable content.
1.2 By utilizing the information gathered in the Maxmillian Websites, and/or purchase any product or service offered by the Websites, Users and Members were given the opportunity to familiarize themselves with these Terms & Conditions and agree to its entirety without conditions.
1.3 In order to improve Users and Members’ experience, Maxmillian Property may record and analyze how Users and Members use its Websites. The data collected will be kept strictly confidential and for the purpose internal analysis at Maxmillian Property only.
1.4 While using Maxmillian Property’s Websites, Users and Members agree not to interfere with or attempt to interfere with the proper working of the Websites or any transactions being conducted on the Website or to gain access to any part of the website without formal written consent by Maxmillian Property. Any of such actions may result in breach of the Terms and Conditions of Maxmillian Property and may result in legal sanctions.
1.5 Keeping Users and Members’ personal information and sensitive data secure is important to Maxmillian Property, who will use its best endeavours to protect Users and Members’ personal data and confidentiality, in conjunction of data security measures provided by services/license providers of software and digital media platforms, except as required by any competent authorities and by the operation of Law. Notwithstanding this , Maxmillian Property is not responsible for any losses or damages if Users or Members disclose any of their personal information, or Websites’ login details to any other person(s) or organisations.
2 USE OF CONTENT
2.1 Unless specifically disclosed, anything published in this website is for general information only. Maxmillian Property does not give any specific or tailored financial, taxation or accounting advice or conduct a business providing taxation or accounting advice either as a representative or agent of any other person or on its own account. Furthermore, Maxmillian Property does not give any securities or investment advice, conduct any securities or investment advice business or deal in securities whether on its own behalf, as a representative or agent of any other person, or otherwise.
2.2 Information on Maxmillian Property Websites is generic and is for demonstration and illustration purposes only. It cannot and does not take into account the financial circumstances or investment needs of any particular individual. Users who use such information do so at their own risks.
2.3 Any analytical tools (including but not limited to personal wealth calculators, property cash flow calculators), checklists or guides, provide an illustration based on stated assumptions only. Any information obtained from such tools shall not be relied upon as a complete representation or as a substitute for commercial, accounting, financial or other professional advice.
2.4 Maxmillian Property receives no commission or other financial benefit from the publication of the information on the websites, save and except for affiliate or referral fees, membership fees and advertising charges.
2.5 Neither Maxmillian Property nor its proprietors or associates accepts any responsibility for the accuracy of any information contained in the Websites or its applicability in the specific circumstances of any user or member.
2.6 Maxmillian Property reserves the right to redesign, alter, change or update the content and appearance of the Websites without further notice.
2.7 Maxmillian Property reserves the right to amend the Terms and Conditions, the Fees and the Policies, the Products and Services, all or any of them by posting amended versions of them on the Websites.
3 PRICE AND PAYMENTS
3.1 Where applicable, pricing of products or services purchased by Users or Members shall be indicated on the Websites and subsequent tax invoice(s) provided by Maxmillian Property to the User or Member.
3.2 Pricing shall be increased by the amount of any GST and other taxes and duties which may be applicable.
3.3 Maxmillian Property uses PayPal and EWay as its online electronic transaction processing system. PayPal and EWay® have their own Terms and Conditions that can be updated or changed frequently and Maxmillian Property do not have control over their Terms and Conditions. If any money is lost due to PayPal and EWay payment gateways, Maxmillian Property is not liable or responsible for such loss. Notwithstanding this, Maxmillian Property will use reasonable endeavours, but under no obligation, to assist its User or Member to recover such loss.
3.4 Pricing of products and services may change in the future and Maxmillian Property will only notify current subscription members in advance, if pricing changes are applicable. Users who are not on subscription will not receive prior notice in relation to changes in pricing.
3.5 Products and services under Maxmillian Property Mentoring Program are to be paid up front, or on a month-to-month basis pursuant to Members’ arrangement with Maxmillian Property.
3.6 When paying by direct debit or credit card or Eway/paypal, it is the Users and Members’ responsibility to ensure there are sufficient funds in Members’ account to cover these charges.
3.7 Subscription payments are by default set to auto-renewal, unless otherwise advised by the Users or Members in writing.
3.8 “110% money back guarantee “—Subjected to clause 3.9 below, If a Member is not satisfied with the program (only applicable to Primary, Privilege and Premium subscriptions only), the Member can apply under this guarantee to receive 110% of the cost of the program paid for, provided that minimum of 12 months’ subscription is completed. The Member must provide Maxmillian Property notice in writing when applying for this guarantee.
3.9 The money back guarantee does not apply, if Maxmillian Property terminates the contract based on any of the follwoings,
3.9.1 Lapsed payment;
3.9.2 Dishonest or disingenuous intention of Members;
3.9.3 Use of unlawful or abusive language or behaviour towards Maxmillian Property staff and other members of the mentoring program;
3.9.4 The Member provides Maxmillian Property with reasons for money back which are not acceptable to Maxmillian, acting reasonably.
3.10 Apart from the in-built mechanism of achievements and recognition in the Maxmillian Property Mentoring Program, Maxmilliam Property will also monitor Members’ progress and will contact Members from time to time. Members are encouraged to utilize the platforms provided by Maxmillian Property.
4 Secure Payment Processing
In this clause, ‘you’ means Users, Members or any person who uses the payment system stipulated under clause 4.1 below.
4.1 There are 2 secure payment options:
- If you choose the automatic shopping cart on the website, we use Australia’s leading payment gateway.You can pay by credit or debit card through EWay® or PayPal
- Should you prefer to pay by direct deposit, please contact Maxmillian Property’s office on (02) 8249 1914 or 0434 033 889.
4.2 All prices and payments are in Australian Dollars.
4.3 EWAY® is Payment Card Industry Data Security Standard (PCI DSS) compliant. You can be assured that your credit card details remain secure throughout the whole transaction.
4.4 As an online credit card processor, eWAY® is subject to standards imposed on the industry by major card issuers such as Visa and MasterCard.
4.5 The Payment Card Industry Data Security Standard (PCI DSS) is a set of guidelines developed by major providers such as American Express, JCB, MasterCard and Visa to help organisations that process card payments and prevent credit card fraud, hacking and various other security issues. A company processing, storing, or transmitting credit card numbers must be PCI DSS compliant – as per EWAY®.
4.6 Your transaction is performed under a 128 Bit Secure Socket Layer (SSL) Certificate.
4.7 All transaction data is encrypted for storage within EWAY®’s bank-grade data centre, thereby further protecting your credit card data. EWAY® is an authorised third party processor for all the major Australian banks.
4.8 All monies are directly transferred by EWAY® from your credit card to Maxmillian Property’s bank merchant account.
4.9 For more information about EWAY and online credit card payments, please visit www.eWAY.com.au and https://www.eway.com.au/legal
4.11 PayPal service is provided by PayPal Australia Pty Limited (ABN 93 111 195 389) which holds an Australian Financial Services Licence number 304962. Please read and consider the Combined Financial Services Guide and Product Disclosure Statement before using the service at https://www.paypal.com/au/
5 MEMBERSHIP AND REGISTRATION
5.1 You warrant that you are no less than 18 years of age and that all contents you submit is accurate and truthful.
5.2 Maxmillian Property reserves the right to decline membership application at its discretion.
5.4 Maxmillian Property reserves all of its intellectual property rights, including copyrights, trademarks, design, patents and contents on Maxmillian Property’s website, as well as products and services. No citation, replication in its entirely or part of, quotation of the content (including digital content such as video, webcasts and recording) on Maxmillian Websites are permitted without prior written consent by Maxmillian Property.
6 CONFIDENTIAL INFORMATION
7 LINKS TO OTHER WEBPAGES
7.1 Maxmillian Property Websites may contain hyperlinks , videos, images and other pointers to websites operated by third parties. Maxmillian Property does not accept any responsibility nor specifically endorse the contents through third party links.
7.2 Maxmillian Property may from time to time accept banners and other forms of advertisement on the Websites. Any such banner or other advertisement or links are operated by third parties. Whilst Maxmillian Property assesses the contents of the advertisers with due diligence in accordance with its internal guidelines. Maxmillian Property has no control over the conduct of such third parties and the advertiser is solely responsible for fulfilling any representation or offer made to its Users and Members.
8 DISCLAIMER AND LIMITATION OF LIABILITY
8.1 The Australian Consumer Law governs certain rights and remedies on consumers in relation to the provision of services by Maxmillian Property Websites which cannot be excluded, restricted or modified (“Statutory Rights”). To the extent that such Statutory Rights conflict with these Terms and Conditions, Statutory Rights shall prevail provided. In the event that any terms are not enforceable under Law, such term shall be severed from the rest of the Terms and Conditions.
8.2 Maxmillian Property does not warrant that the functions contained in any content or any Communications Facility or user or member access to the Websites will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to Users and Members are free of viruses or any other harmful components.
8.3 Maxmillian Property does not warrant or make any representation regarding Users or Members access to, or the results of user or member access to, the Websites (including any linked Websites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.
8.4 Under no circumstances (including but not limited to any act or omission, whether negligent or not, on the part of Maxmillian Property) will Maxmillian Property, or its Affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access to the Websites or any Content.
8.5 Users and Members expressly acknowledge and agree that Maxmillian Property does not exert control over other Users and Members of the Websites and is not liable either for their opinions or their behaviour including any information, advice, any defamatory statements and/or offensive conduct. Maxmillian Property reserves the right to remove such defamatory statements and discourage offensive conduct without prior notice at its absolute discretion.
9.1 Maxmillian Property reserves the right to terminate the member subscription contract at any time by notifying Members in writing without reasonable cause.
9.2 Members who are on month-to-month payment plan wishing to terminate subscription contract must request to Maxmillian Property in writing at least 30 days prior to the next subscription payment due date.
9.3 Members who have paid up front with discounted pricing wishing to terminate subscription contract are not entitled to refund.
9.4 It is the member’s responsibility to provide accurate and up-to-date contact details, including email address and phone number to Maxmillian Property.
9.5 Members cannot, under any circumstance, use any offensive, disrespectful, unlawful or abusive language or behaviour towards anyone using the site or platforms, including the mentor and fellow members. Maxmillian Property may terminate the contract immediately by notice in writing.
9.6 Membership applicants must be at least 18 years of age to enter into a contract. Maxmillian Property will terminate the contract immediately if false information is provided by applicants and any subscription paid will not be refunded.
9.7 If Maxmillian Property terminates the contract under clauses 9.1, 9.3, 9.5 and 9.6, the “110% money back guarantee” does not apply.
10 REVISIONS TO THESE TERMS & CONDITIONS
10.1 Maxmillian Property may at any time in its absolute discretion, review any or all of these Terms and Conditions without prior notice.
10.2 By continuing to utilise this site after any revisions are made Users and Memebers agree to be bound by such revisions.