Terms and Conditions

Brady Marcs Buyers Advisory Mentorship Program

Terms and Conditions

1

Introduction

1.1

Bradymichaels Buyers Agency Pty Ltd (Brady Marcs Buyers Advisory) (we/us) is offering the Brady Marcs Buyers Advisory Mentorship Program (‘the Program’, ‘Brady Marcs Mentorship’).

1.2

The Program is designed to provide you with knowledge and strategies to assist you with your strategies to acquire and or invest in real estate within Australia.

1.3

These terms and conditions (Terms) apply to every person that participates in the Program (you).  By enrolling in the Program, you agree to be bound by these Terms. If you do not wish to be bound by the Terms, you must not join or participate in the Program.

1.4

The Program may not be relied upon by you as legal and or financial advice and you are to obtain independent advices prior to engaging in a property related transaction.

2

Definitions and Interpretation

2.1

Definitions

(a) Commencement Date means the date that you commence the Program by participating in the first zoom Orientation Session.

(b) Confidential Information means information, resources and program materials provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business clients, suppliers, finances and other areas of the other party’s business or products, including without limitation the Program Material but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

(c) Expiry Date means the date 120 days after the Commencement Date.

(d) Fees means the upfront payment of the agreed amount (as directed by us in writing, payable by you to Brady Marcs Buyers Advisory at the time of booking the first session.

(e) Program Materials means the information provided by or at the direction of Brady Marcs to you, whether in hard copy or electronic form.

(f) Program Period means the 120 day period between the Commencement Date and the Expiry Date.

(g) GST has the meaning given in the GST Act.

(h) GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(i) Services means the delivery of the Program and the provision of the Program Material.

(j) Website means https://www.bradymarcs.com.au/ and any other website or other digital service that we grant you access to as part of the Program.

2.2

Interpretation:

(a) Singular words include the plural and vice versa. ‘Include’, ‘includes’ or ‘including’ is not exclusionary and is without limitation.

(b) The fact that a provision of these Terms is expressly declared to be an essential term does not mean that other terms are not essential (whether or not so described)

3

Program

3.1

A general description of the Program, together with the available dates on which a particular Program will begin, is available from the Website.

3.2

The Program includes, but is not limited to, the following:

(a) One (1) initial Zoon meeting (Orientation Session) up to thirty (30) minutes;

(b) Downloadable resources in the form of instructional articles, checklists and fact sheets (to be provided after the Orientation Session);

(c) Four (4) forty (40) minute Zoom sessions (Sessions), which will be spaced out and completed within four (4) months from the Commencement date.

3.3

If upon completing the Orientation Session the Participant feels that the Program is not for them, and they advise us in writing, within two (2) Business Days of completing the Orientation Session, that they do not wish to continue with the Program, a full refund will be provided.

3.4

If the Participant continues the Program following the Orientation Session, no refunds will be provided.

3.5

While we aim to conduct each Program on the dates scheduled on the Website, in some cases it may be necessary to cancel or postpone a Program. If that occurs, you will have the option of rescheduling the date within the Program Period.  If despite our best efforts to reschedule, if the Participant misses the Sessions and does not complete the four (4) Sessions during the Program Period, no refunds will be provided.

3.6

We will delivery the Program with reasonable care and skill and, subject to clause 3.7, materially in accordance with the description of the Program on the Website.

3.7

We believe that the Program can assist you to understand some of the basics of buying property, based on our own experiences. However, it is important that you determine whether the Program is suitable for you. Buying and selling property is inherently risky. We do not make any guarantee that you will obtain any particular result or knowledge from your completion of the Program. In particular, we make no representation or warranty that by completing the Program you will:

(a) be qualified as a buyers agent;

(b) be able to hold yourself out as a buyers agent; or

(c) have the skills necessary to be a successful buyers agent or property investor.

3.8

You also acknowledge that:

(a) we are not a registered training or education provider;

(b) we are not authorised to grant any qualifications and you will not receive any qualifications as a result of completing the Program;

(c) the Program provides a general overview of purchasing property, based on our own experiences and we are not authorised to give, and do not give, advice that is financial, commercial or legal in nature;

(d) you must not rely on any Program Materials, or the Program itself, to make financial decisions;

(e) you will obtain your own independent legal and financial advices, having regard to your particular circumstances, prior to conducting any property related transactions that my be referred to in the Program and or Program Materials.

3.9

The content of the Program and Program Materials is updated from time to time. You acknowledge that, if such updates occur, the Program may not be delivered in the exact manner displayed on the Website.

4

Course Enrolment

4.1

You must be 18+ years of age to enrol in the Program.  There are to be four (4) participants per enrolment.

5

Intellectual property

5.1

All Program Materials, including but not limited to text, graphics, logos, images, trademarks, audio clips, digital downloads and software, are owned by us or our licensors and are protected by copyright and other intellectual property laws. You are granted a non-exclusive, revocable licence to use the Program Materials, provided that you comply with our directions in relation to your use of the Program Materials at all times.

5.2

You may not modify, reproduce, distribute, or create derivative works of any Program Materials without our written consent.

6

Program Fees and Payment

6.1

Payment of the Fees is required in full prior to the beginning of the Program.  If you have not paid the Fees in full, you will not be permitted to commence the Program.

7

Refunds and Cancellations Policy for the Program

7.1

Subject to any non-excludable rights you may have at law (Non Excludable Rights), all payments and Fees are non-refundable after the Program commences except in exceptional circumstances (as determined by us).

8

Liability and Warranty

8.1

Although we aim to provide the Services to the highest industry standard, we (and our employees) are not liable for:

(a) any inaccuracy or misleading information provided in the Program and any reliance by you on such information;

(b) any loss of profit, revenue or goodwill; or

(c) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

8.2

Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.

8.3

Our total liability arising from or in connection with these Terms, the delivery of the Program and the Program Materials (and whether the liability arises because of breach of contract, negligence or for any other reason) is limited to the Fees received by us in connection with the relevant Program.

8.4

No claim may be brought more than six (6) months after the last date on which the Services concerned have finished or ceased to be provided by us.

8.5

This clause 8 is subject to any Non-Excludable Rights you may have. Termination

8.6

We shall be entitled to terminate these Terms, and remove you as a participant in the Program (including by removing your access to the Program Materials) if you:

(a) fail to pay your Fees within the time we stipulate; or

(b) act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Brady Marcs who provides or teaches the Program, or do anything to jeopardise the safety of our employees, agents, contractors or another participant;

(c) do anything to jeopardise the security of our Website; or

(d) are in breach of these Terms.

8.7

Clauses 5, 8 and 10 shall survive termination of these Terms.

9

Confidentiality

9.1

You agree to keep confidential any Confidential Information we grant you access to and not use it otherwise than for the purpose of these Terms. You must return our Confidential Information on demand and not retain copies of it.

9.2

Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

10

Data Protection

10.1

The nature of the Services provided by us means that we will obtain, use and disclose (together Use) certain information about you (Data). This statement sets out the principles governing our Use of Data. By participating the Program you agree to this Use.

10.2

When registering for the Program you will provide us with certain Data such as your contact details and demographic information. You must warrant that this Data is true and correct. We will store this Data and use it to contract you, provide you with details of the Servies and otherwise as required during the normal provision of the Program.

10.3

We may also use the above Data, and similar Data you provide us in response to survey, to aggregate user profiles and provide you with communications. We will not pass any personal data onto anyone outside Brady Marcs, except for the explicit delivery of the Program. 

10.4

To enable us to monitor and improve our Website, we may gather certain aggregated information about you, including details of your operation system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.

10.5

We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.

10.6

Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.

10.7

We endeavour to take all reasonable steps to protect your personal Data but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.

10.8

We may provide you with login details to access the Website or a part of it. You must take all reasonable steps to prevent any person from obtaining those login details unless we have given you permission in writing to share them with someone. You must not knowingly provide the login details to any other person.

11

GST

11.1

All Fees are exclusive of GST unless otherwise clearly stated.

11.2

You must pay the GST we are obliged to collect and remit to the government in respect of such Fees charged to you.

11.3

You agree that:

(a) except where the context suggests otherwise, terms used in this clause 11 have the meanings given to those terms by the GST Act (as amended from time to time); and

(b) any consideration that is specified to be inclusive of GST must not be taken into account in calculating the GST payable in relation to a supply for the purpose of this clause 11.

12

Governing Law

12.1

These Terms and Conditions shall be governed by New South Wales Law and the parties submit to the exclusive jurisdiction of the New South Wales courts in connection with any dispute arising from these Terms.

13

No Legal and or Financial Advice

13.1

Neither the Program nor the Program Material constitutes legal and or financial advice and you must obtain your own independent advices prior to engaging in a property related transaction.

Version 2.0
22.02.24