Website Terms and Conditions
By accessing and using this website you agree to the below Website Terms and Conditions of Use (“Terms”) for the Your Property Success website
In these terms and conditions, “we” “us” and “our” refers to Your Success Australia Pty Limited 605 866 788 (“YSA”) as manager of this site under licence from Your Success Solutions Pty Limited ACN 605 864 873 (“YSS”) and Your Property Success Pty Limited ACN 147 622 651 (“YPS”). YPS and YSS own the intellectual property rights in the services and products unless specified otherwise. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Registered Users
In order to access the services and materials provided on this website, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.
You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
On registration, you will be required to provide a password. On registration you agree to pay for our services or goods as set out on our website. You may not use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
We reserve the right to terminate your registration at any time if you breach these terms and conditions.
Our Website Services
Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
Product Descriptions
We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any incorrect description, we reserve the right to correct any error or omission.
Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
Product Orders
Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our home page and we reserve the right to amend our prices at any time.
Packaging and postage is an additional charge, calculated at time of purchase. Unless otherwise stipulated
When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
Delivery of your ordered product/s will be as set out on our website. No title in the goods passes to you when at any time. The intellectual property in the product remains with us. Our terms of payment are set out on the order page.
All risk of loss or damage to the goods passes to you when we despatch the goods.
Where you purchase access to a membership site, that membership does not grant you ownership of any course, any individual course components, or any content. You are non-exclusively licensed only to use the materials in accordance with the used provided in the particular product or service.
Once the refund period (set out in the relevant product or Service licence), has expired, you are required to pay all money owing in full. If the fee has not been paid in full by the due date, we reserve the right to pass on any outstanding debt as a liquidated damages claim to our debt collectors or lawyers. In such event you may be liable for additional recovery and legal costs incurred. Further, we may remove you from any access to the material. Upon failure to pay in full by the due date, we require you to delete all of our resources and/or course material from whatever devices or services it is held for you (including your personal computer) and you will be removed from any online or face to face communities or face book pages or membership bonus software or related material.
Order Cancellation Due To Error
Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will refund your credit card for the total amount debited.
Product Returns
We undertake to reimburse you for any product delivered to you that is faulty or is in a damaged condition. If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods.
We also undertake to replace or exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within 10 days of purchase however we will not provide any refund of such purchase. If undamaged goods are returned to us for replacement or exchange, we do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.
If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges.
Please also see our refund Guarantee policy at Item 50 below
Site Access
When you visit our website, we give you a limited licence to access and use our information for your own personal use.
You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute, communicate to the public or otherwise, or display any of the information housed on or sourced from this website without our prior written permission.
The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks
This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our, YPS or YSS endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide. These linked sites are responsible for, and undertake to maintain, their own site terms of use. We suggest that you carefully review the terms of use of each site you choose to access from our website.
You may not link our website without our consent. Any such linking will be subject to our consent, entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials. Our affiliate and referral program has specific terms associated with it. If accepted as an affiliate you can only promote our material in the manner that we prescribe and you accept our terms as an affiliate.
Intellectual Property Rights
The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us , YPS or YSS as the case may be or we have a licence to use those materials, and all content is protected by copyright and trademark laws, and various other intellectual property rights and competition laws. You may not use the website or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of us or others.
All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Disclaimers
Whilst we have taken all due care in providing the information on our website, we , YPS and YSS do not provide any warrantee either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
To the extent permitted by law, any condition or warrantee which would otherwise be implied into these terms and conditions is excluded.
We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
The information, statements and opinions expressed on this web page are only intended as a guide to some of the important considerations to be taken into account relating to property renovation. Although we believe that the statements are correct, they should not be taken to represent building, council, property development, accounting, taxation, legal or investment advice and you must obtain your own independent advice from an appropriately qualified professional. Neither the publisher nor any people or organisations involved in the preparation of this material give any guarantees about its content or accept any liability for any loss, damage or other consequences that may arise as a result of any person acting on or using the information and opinions contained in this website or any email.
Statutory Guarantees and Warranties to Consumers
Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. The Standard Terms and Conditions are found here:
Schedule 2 of the C&C Act; and
such statutory guarantees, which are given by us to you if you are a consumer.
If you are a consumer of our goods or services within the meaning of Schedule 2 of the C&C Act then we give you a warrantee in accordance with the terms of that Act. Limitation of Liability
If you are not a consumer within the meaning of Schedule 2 of the C&C Act then this clause applies to you. If you are a consumer within the meaning of the C&C Act then this clause has no effect whatsoever to in any way limit our liability or your rights. If you are not a consumer:-
To the full extent permitted by law, our liability for breach of an implied warrantee or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.
We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with us.
We do not participate in any way in the transactions between our users.
Indemnity
By accessing our website, you agree to indemnify and hold us, YPS and YSS harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
Violation of These Terms
39. We, (in the following paragraphs includes YPS and YSS)may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the website, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
40. You acknowledge and agree that we may preserve any transmittal or communication by you with us through the website or any service offered on or through the website, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of us, our employees, users of or visitors to the website and the public.
41. You agree that we may, in our sole discretion and without prior notice, terminate your access to the website and/or block your future access to the website if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the website. You also agree that any violation by you of these Terms will constitute a breach of the Terms, and may cause irreparable harm to us, for which monetary damages may be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
42. You agree that we may, in our sole discretion and without prior notice, terminate your access to the website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the website or any service offered on or through the website, or (4) unexpected technical issues or problems.
43. If we do take any legal action against you as a result of your violation of these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the website as a result of any violation of these Terms.
Force Majeure
44. If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
Jurisdiction
45. These terms and conditions are to be governed by and construed in accordance with the laws of Victoria, Australia and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria, Australia and you agree to submit to the jurisdiction of those Courts.
46. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
Privacy
47. We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
48. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.
No Professional Advice
49 The information contained in or made available through the Sites (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, or legal matters. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Sites, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
Earnings Disclaimer
50 We don’t believe in “get rich” programs – only in hard work, adding value and building a sustainable property portfolio. Our courses and materials are intended to help you to that endeavour. Our programs take a lot of work and discipline just like any worthwhile endeavour or professional continuing education program.
Please don’t enrol in our programs if you believe in the “money for nothing get rich quick” myth or ideology; we only want serious people dedicated to building sustainable wealth for themselves and their families.
As stipulated by law, we cannot and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools or strategies. We don’t know you and, besides, your results in life are up to you. Agreed? We just want to help by giving great content, direction, and strategies.
What we can guarantee is your satisfaction; we give you a 30-day 100% satisfaction guarantee from the date of initial purchase if you genuinely try the program and, if you are not happy for any reason with the quality of our training, just ask for your money back. You should know that all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, financial, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance.
Making decisions based on any information presented in our products, events, services, or web site, should be done only with the knowledge that you could experience risk or losses just like any investment. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances.
You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.
