CAUTION: BEFORE REGISTRATION YOU ARE STRONGLY ADVISED TO READ SITE USE CONDITIONS, PRODUCT SALE CONDITIONS AND OUR PRIVACY POLICY AND SEEK LEGAL FINANCIAL AND INVESTMENT ADVICE WITH RESPECT THERETO.
SITE USE CONDITIONS
Site Use Conditions of www.digitalwealthgroup.com.au
- Our Site
This is Our Site and is owned by Us. We offer on this Site an offer to all to browse this Site and to see and consider what Events and Products that We are offering and offer to You the opportunity to register online for an Event by becoming a User by completing correctly the Registration Form and thereafter attend an Event and purchase a Product by completing the Product Order Form. By registering for an Event, you are not obliged to purchase a Product. If you purchase a Product and complete the Product Order Form, You will be the purchaser of that Product.1.1 Acceptance Your use of this Site and the Services provided on this Site constitutes acceptance by You of these Site Use Conditions, Product Sale Conditions, Our Privacy Policy and the form and terms of the Product Order Form, and You agree to comply with all applicable laws, statutes and regulations concerning Your use of this Site and the Services We provide.1.2 AmendmentWe may amend these Site Use Conditions from time to time. Amendments will be effective when notified on this Site.
1.3 Defined Terms
In these Site Use Conditions, unless the context requires otherwise:
“ACL” means the Australian Consumer Law;
“Affiliates” means subsidiaries of and associates of Us;
“ATO” means the Australian Taxation Office;
“Event” means an online or offline event, presentation or promotion, created or developed by Us in our own right or in conjunction with others and is offered to a User by Us on this Site, from time to time, at times determined by Us to enable Us to offer for sale to a User a Product on the Product Sale Conditions and upon such purchase by using the Product Order Form the purchasing User will be bound by the Product Sale Conditions;
“GST” has the meaning given to it in the GST Act;
“GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time;
“Jurisdiction” means the State of West Australia;
“PPSA” means the Personal Property Securities Act 2009 which took effect on 30 January 2012 and any amendments thereto from time to time;
“PPSR” means the personal property securities register established pursuant to the PPSA;
“Privacy Policy” means Our privacy policy as displayed on this Site and as varied from time to time by Us in Our absolute discretion;
“Product” means a coaching or mentoring concept or programme (developed for educational purposes only), a physical or non-physical product or service and includes an Event and any product or services offered for sale by Us and purchased by You (including, but not limited to, an MP and the Platinum MP) after You complete, completely and correctly,
the Registration Form and the Product Order Form and with such purchase to be subject to the Product Sale Conditions and these Site Use Conditions;
“Product Order Form” means the online product order form on this Site;
“Product Purchase Price” means the purchase price for each product, as offered at an Event and listed in the relevant Product Order Form and purchased by You for the product purchase price and on the conditions set out in the Product Order Form and the Product Sale Conditions;
“Product Sale Conditions” means the product sale conditions which contain those terms and conditions binding Us as the seller and You as the buyer of any Product, and any reasonable variations thereto made by Us from time to time and as displayed on this Site;
“Qualification Fee” means the fee We charge you which is payable upon You registering and having an interview with Us to assess whether you qualify to purchase a Product (including, but not limited to, participation in an Event) and which amount will be displayed on the Site, or, advised to you in writing, and, which may vary from time to time;
“Registration Form” means the online registration form on this Site which is to include your GST status;
“Security Interest” has the meaning attributed to it in the PPSA;
“Services” means the services provided by Us on this Site;
“Site” means “digitalwealthgroup.com.au” and such other locations where it may be hosted or featured where the entire Site or elements of the Site are hosted or featured by Our Affiliates or business associates;
“Site Use Conditions” means these conditions of use of the Site binding Us and You and as amended by Us from time to time as displayed on the Site;
“User” means any person who browses or otherwise uses this Site;
“We” or “Us” or “Our” means Digital Wealth Group Pty Ltd (ACN 632 564 151) of PO Box 1772, Osborne Park, Perth WA 6916 ;
“Working Day” means any day of the week other than Saturday, Sunday or a public holiday in the Jurisdiction;
“You” refers to You as a User or a purchaser (including Your executors and administrators) of a Product or other Users or purchasers of a Product on this Site and “Your” has a corresponding meaning.
Words not specifically defined in these Site Use Conditions will have the meaning one would normally attribute to them such as the name of a country, state or territory, as referred to in these Site Use Conditions.
Where You comprise more than one person or corporation these Site Use Conditions shall bind each such person or corporation severally and any two (2) or more of such persons or corporations jointly.
You are taken to be a principal unless, before purchasing, You have given to Us a copy of a written authority from a third party principal to purchase for or on behalf of that third party principal.
A reference to a gender in these Site Use Conditions will be deemed to be a reference to all genders.
1.4 Construction
In the interpretation of these Site Use Conditions, unless the context otherwise requires:
1.4.1 any reference to a person shall include reference to a body corporate and to an unincorporated body of persons;
1.4.2 anything required by these Site Use Conditions to be done on a day which is not a Working Day shall be done and be valid if done on the next succeeding Working Day;
1.4.3 condition headings will be disregarded;
1.4.4 words importing the singular shall include the plural and vice versa; 1.4.5 words importing one gender shall include the other genders;
1.4.6 any word, terms or expression not specifically defined in these Site Use Conditions will have the meaning attributed to them in the Product Sale Conditions.
- Eligibility
2.1 You must be a minimum age of 18 to register and offer to sell or buy any Product. Furthermore You must be able to enter into legally binding contracts. By registering You warrant that You are 18 or older, have the capacity to enter into contracts, and understand Your obligations under these Site Use Conditions.2.2 You will not be eligible to use this Site if You have previously been banned from using it and a ban is currently still in place, or where You have been suspended and a suspension is still in place. - Registration
3.1 You can browse this Site at any time without registering. To register and to create a username and password You must complete the online Registration Form and submit it to Us by clicking on the “Register” link.3.2 You agree to ensure that Your registration details are up to date and accurate and to update any details when necessary using the “Settings>Profile” link on this Site.3.3 You warrant and undertake to Us that all the information supplied to Us on Your Registration Form is true and accurate, not misleading and relates to You.3.4 We reserve the right in Our sole discretion to refuse any application to register and access the Services and to temporarily or indefinitely suspend any account.3.5 As part of the registration process We may request proof of Your identity. You cannot create an account or username and password using the name and information of another person.
3.6 We and Users may give notices to You by sending the notice to the email address You supply in Your Registration Form.
3.7 By registering, You acknowledge and agree as follows:
3.7.1 You must not copy, record or reproduce the Event or any of its contents in any media form;
3.7.2 You must arrive prior to the commencement on each day of each physical Event and log on prior to the commencement of each online Event. Failure to do the aforegoing, late attendance or non-attendance will not entitle You to a refund, a replacement event or any other form of substitution. Missed content is not available for late or non-attendance;
3.7.3 You acknowledge that Condition 12 of this Site Use Conditions allow Us to use Your face, visage, information and testimonials to promote Our business and interests and those of Our Affiliates for nil consideration. Our Privacy Policy also relates;
3.7.4 the Event is for business people and is of a general educational nature and You should seek advice from your accounting, financial, legal and other professional advisers before relying upon any of the content of, or, information or advice disseminated at the Event;
3.7.5 We cannot guarantee that You will achieve business, financial, professional or any other form of benefit, success or wealth from Your participation in the Event or the purchase of a Product or any matter or thing flowing therefrom and, We do not guarantee, imply, represent or warrant that You will. Your success will depend on Your background, dedication, desire, effort, motivation, marketing and professional skills and, as such, results for all participants at an Event, following an Event, will vary. You are responsible for Your own success;
3.7.6 at a physical Event, We will endeavour to accommodate any specific dietary requirements that You may have, but these must be made well known to Us in writing by letter accompanying the Registration Form.
- Specific User Rules
4.1 Username and Passwords 4.1.1 You are solely responsible for keeping Your personal username and password secure and confidential. You should not share, display, disclose or permit Your username or password to be disclosed to any other party.4.1.2 You are responsible for use of the Services when access to the Services is obtained through the use of Your username and password whether authorised or unauthorised.4.1.3 You agree not to impersonate any other person or entity or use any false name or use any other person’s username and password to access the Services.4.1.4 If You believe that Your username and/or password has become known to another person or You are aware of any other breach of security regarding the Services, then You must notify Us immediately.
4.1.5 We reserve the right to withdraw usernames and passwords at any time without notice and in Our sole discretion including but not limited to where We have reason to believe that such username and password have been discovered and/or used by any person or organisation other than You.
4.2 Prohibitions
You agree that You will not:
4.2.1 fail to pay for any Product purchased by You;
4.2.2 act other than in good faith while reserving Your rights as set out in the Product Sale Conditions;
4.2.3 use data provided by other Users for purposes other than contacting them via this Site;
4.2.4 abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another User or person;
4.2.5 encourage illegal activity or activity that violates the rights of other Users or persons;
4.2.6 supply or post content or advertisements calculated to deliberately mislead other Users or persons, including content falsely made to appear from or be endorsed by Us;
4.2.7 to pose as another User, person or employee of Us for the purposes of obtaining User or third party information;
4.2.8 to transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment;
4.2.9 attempt to gain access to Our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the Services provided by or relied upon by Us and other Users;
4.2.10 reframe or repurpose this Site or any content on it or remove or obscure any notices or advertising provided by Us on this Site;
4.2.11 send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites Users and others to participate in wasting their time and/or money;
4.2.12 use any robot, spider, scraper or other technical means to access this Site or content on this Site.
4.3 Liquidated Damages
If You breach these Site Use Conditions by sending any unsolicited bulk email, (spam) or any other bulk communications to Users Your actions will cause harm to Us and to this Site. Such harm is difficult to quantify and as such You agree to pay Us the sum of $100 (+GST) for each and every individual email or other communication sent to a User or third party.
4.4 Breach of Rules
The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) content and suspend or terminate (with or without notice) the account of any User who in Our sole judgment is in breach of these Site Use Conditions or the spirit thereof.
4.5 Suspension and Termination
4.5.1 It is Our sole decision whether to suspend or terminate any User. In the case of suspension, it is also Our sole decision as to when (or if) a suspended User will be reactivated.
4.5.2 Various conditions within these Site Use Conditions by their nature are designed to survive and continue after suspension or termination such conditions shall continue and survive after the suspension or termination of a User and profile.
4.6 Access
We shall take all reasonable steps to ensure that this Site is available and functioning fully at all times and You must do likewise with Your provider. However, in the event this Site is unavailable or functioning incorrectly either wholly or partly We shall offer (where possible) the opportunity of repeat performance of the service We should have offered to You in the first place. No refunds will be payable in any circumstance.
4.7 Disclaimer
4.7.1 Transactions and all other contact between You and other Users are conducted entirely at Your own risk. You agree that We take no responsibility or liability for any misconduct of any Users including, without limitation, Users that have registered under false pretences or who attempt to defraud You. We give no undertakings, representations, or warranties in relation to Products sold or listed on this Site and without limiting the forgoing, including:
4.7.1.1 about fitness for purpose of any Product;
4.7.1.2 about defects or imperfections of any Product;
4.7.1.3 that any Product, will meet Your requirements or expectations;
4.7.1.4 the accuracy of any advertisements or listings;
4.7.1.5 the ability of Us to sell any Product.
4.7.2 You expressly understand and agree that:
4.7.2.1 Sole Risk: Your use of the Services is at Your sole risk. This Site and Services are provided on an “as is” and “as
available” basis. To the maximum extent permitted by law
and without limiting Condition 4.7.1, We disclaim and
exclude all implied conditions or warranties, statutory or
otherwise, including, but not limited to, any warranties of
merchantability and fitness for a particular purpose to the
maximum extent permitted by law.
4.7.2.2 Accuracy: We are not responsible for the accuracy of any content on this Site, any third party comment or content on
this Site, nor any advertisements placed on this Site.
4.7.2.3 Links: We are not responsible for any links to third party websites from this Site and the inclusion of any link does not
imply an endorsement of a third party website by Us.
4.7.2.4 Indemnity: You agree to release, indemnify and keep indemnified Us and Our respective officers and employees
from and against all actions, claims, costs (including legal
costs and expenses), losses, proceedings, damages,
liabilities, fines, fees or demands suffered or incurred by Us
to any person arising out of or in connection with Your failure
to comply with these Site Use Conditions, Your failure to
complete a transaction, Your use of Our message boards,
Your purchase or attempted purchase of a Product, or
arising out of any content You submit, post, transmit, or
make available through the Services.
4.8 Disputes
In the case of any dispute, We and You will use our best endeavours to resolve the dispute as soon as practical and if the dispute cannot be resolved, We or You can rely on the dispute resolutions of the ACL.
4.9 Privacy
Use of this Site is also governed by Our Privacy Policy, which is incorporated into these Site Use Conditions by this reference.
- Product Sale Conditions / Payment of Product
5.1 Further to Condition 3, by registering, You acknowledge having read, understood, accepted and agreed to be bound by the following:5.1.1 Our Site Use Conditions; and5.1.2 Our Product Sale Conditions; and5.1.3 Our Privacy Policy.5.2 As a purchaser of a Product, You must pay for the Product strictly in accordance with the Product Order Form and the Product Sale Conditions.
- Risk and Expense
On the purchase of each Product, each Product (where applicable) shall be at Your risk and expense in all respects. Where applicable, You should insure each Product immediately upon purchase thereof for its full insurable value. [NB relevant?] - GST
7.1 Each Product is offered on a GST inclusive basis.7.2 GST is payable on the Product Purchase Price of the Product where You are registered for GST.7.3 Your GST registration status must be noted on the Registration Form.7.4 Where You are fully GST registered, the GST of 10% will be included in the Product Purchase Price.7.5 Where You are not GST registered, no GST is included in the Product Purchase Price.
7.6 You undertake to do all things necessary to ensure that the provisions of the GST Act are met in relation to each Product that do not, or claim not to attract GST.
7.7 We accept (and it is agreed by You) no liability for any GST liability arising as between You and the ATO.
7.8 GST is payable on all goods and services provided by or through Us.
- Conditions and Warranties
8.1 Other than for any express conditions, warranties or representations included herein, or as may be implied in the legislation of the Jurisdiction and any applicable federal legislation (including the ACL) and which may be excluded by agreement:8.1.1 all conditions, warranties and representations in respect of a Product are hereby excluded;8.1.2 no condition, warranty or representation is given or implied or may be inferred from any affirmation made at or before the sale and purchase of any Product;8.1.3 You acknowledge that, in making any purchase, You are relying solely on Your own enquiries and inspection, and that You have not relied or been induced by any statement or representation made by Us or by any person purporting to act on Our behalf; and8.1.4 We are not responsible for any third party information appearing on this Site or appearing, made, marketed or presented at any Event or relative to any Product.
- PPSA / PPSR
9.1 You accept, acknowledge and agree that We have a right, pursuant to the PPSA, to register Our interest as a Security Interest pursuant to the PPSA on the PPSR with regard to any monies due and owing by You, or, any credit or financing arrangement for value granted by Us to You with respect to any Product and, which may be outstanding from time to time.9.2 You irrevocably authorise Us to register Our Security Interest in each Product to secure payment of the Product Purchase Price pursuant to these Product Sale Conditions on the PPSR pursuant to the provisions of the PPSA.9.3 Registration by Us of Our Security Interest on the PPSR will be at Our cost.9.4 We shall deregister, at Our cost, and in Our absolute discretion, Our Security Interest in any Product from the PPSR as soon as practically possible following the payment of all moneys due and owing by You with respect to any Product.9.5 You undertake not to obtain and / or apply for finance or register any other Security Interest in a Product purchased by You on the PPSR prior to the payment in full of the Product Purchase Price and all other charges arising from the purchase of a Product.
9.6 You accept, acknowledge and agree that You will not compete or contest with Us (in Our own right or in any other capacity) with respect to any Security Interest available for registration to Us or registered by Us with respect to any Product or any interest claimed by Us.
9.7 To secure Our interests, You grant to Us, a charge over Your interests in the Product and any proceeds of sale of the Product.
9.8 You irrevocably appoint Our chief executive officer and the chief financial officer, for the time being, of Us to execute all documents and do all things necessary to enable Us to secure Our interest as herein before and hereinafter referred to and to ensure that We obtain and maintain perfected Our Security Interest under the PPSA and, as registered on the PPSR, which will have priority over all other Security Interests or encumbrances over or affecting the Product.
9.9 You will not, except and until You have paid all monies due and owing with respect to each Product, attempt to register or assist any third party to attempt to register, or register, any interest on the PPSR that could compete or conflict with Our Security Iinterest without the prior written consent of Us, such consent to be given or refused by Us in Our absolute discretion.
9.10 To the extent permitted by the PPSA, You agree that Sections 142 and 143 of the PPSA will not apply to these Product Sale Conditions and agree to waive all rights to any of the following provided for in the PPSA, including, but not limited to, the following:
9.10.1 receive notice of any intention to seize collateral;
9.10.2 receive notice of disposal of collateral;
9.10.3 receive information under a statement of account;
9.10.4 receive a statement of account if there is no disposal;
9.10.5 receive a notice of retention of collateral;
9.10.6 receive a notice of verification statement; and / or
9.10.7 receive notice of intention to claim a Security Interest in the Product, seize the Product and sell the Product to recover any monies due and owing to Us pursuant to these Product Sale Conditions.
- ACL AND REFUND POLICY ON QUALIFICATION FEE AND PRODUCT PURCHASE PRICE
10.1 To the extent that section 102 of the ACL may be applicable, We advise that the ACL provides the following prescribed wording is to be included in these Site Use Conditions:“Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”.10.2 The ACL guarantees apply as to acceptable quality and fitness for purpose.10.3 You will pay the Qualification Fee for an interview with Us to assess Your acceptance or otherwise for qualification to purchase a Product. If, following the interview, We determine, in Our absolute discretion, that you do not qualify, We shallrefund the Qualification Fee within seven (7) days of notice to You of Your non qualification. If We deem that You qualify, in Our absolute discretion, the Qualification Fee will not be refundable.
10.4 Except as is required by the ACL, the Product Purchase Price will be non-refundable except in exceptional circumstances. If You purchase a Product and You request, in writing, the right to terminate Your agreement with Us and seek a refund of all or part of the Product Purchase Price, We shall refund all or part of the Product Purchase Price, having regard to the particular circumstances You present in writing in support of Your request and provided You provide Us with all information We reasonably require to properly and reasonably assess Your request. You will provide Us with all third party information and documentation We request to properly and reasonably assess Your request. If You do not provide the information requested by Us within fourteen (14) days, You irrevocably appoint Us Your attorney to request all information and documents within Your possession or control and approach third parties to access and assess such information or documents they might have in their possession or control, at Your cost, to enable Us to properly and reasonably authenticate and justify Your request. We will not be obliged to make any refund until the above-mentioned process has been completed.
- Attorney
11.1 You for the purpose of enabling Us to give full force and effect to these Site Use Conditions, irrevocably appoints Us Your true and lawful attorney, with full power in Your name or in the name of Us to do all such things, to take all such action, to sign and execute all such documents and to give such instructions for the purposes of these Site Use Conditions as may be necessary or in Our opinion desirable and hereby agrees to ratify and affirm anything done by Us as such attorney.11.2 Without limiting Condition 11.1, We may exercise the power of attorney so granted for the purpose of removing, waiving, or otherwise discharging any Security Interest purportedly granted by You and in particular (to the extent You are capable of doing so) removing the registration of such a Security Interest. - Use of Information for Publicity and Disclosure of Information
12.1 You accept, acknowledge and agree that We may use Your face, visage or testimonials to promote Our business and interests (and Our associated entities) for nil consideration.12.2 You accept, acknowledge and agree that We collect information that is personal to You which must be provided to the relevant authorities, such as, and, in some cases, legal enforcement and government bodies and agencies and third parties that might have an interest, direct or otherwise, in You or a Product. You (without releasing Us, and Our associated entities, from Our other obligations of confidence and privacy), irrevocably authorise Us and Our associated entities to release personal information relating to You as anticipated by this Condition 12. - Insolvency of Purchaser
If You, being a corporation, is placed in administration, receivership or liquidation, or You, being an individual, is declared bankrupt or has entered into a scheme with Your creditors, We may, in Our absolute discretion, where any part of the Product Purchase Price remains outstanding, declare the sale of the Product to You invalid and of no force or effect by noticein writing to You, whereupon You irrevocably appoint Our chief executive officer or his attorney to enter upon all places and premises to repossess the Product (if applicable). - Severability
The foregoing paragraphs, sub-paragraphs and conditions of these Site Use Conditions shall be read and construed independently of each other. Should any part of these Site Use Conditions or its paragraphs, sub-paragraphs or conditions be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and conditions. - Waiver
Failure by Us to enforce any accrued rights under these Site Use Conditions is not to be taken as or deemed to be a waiver of those rights unless We acknowledge the waiver in writing. - Entire Site Use Conditions
These Site Use Conditions set out the entire agreement and understanding between You and Us, subject to any specific terms and conditions applicable to any Product that are displayed on this Site or in respect of which You otherwise have notice. - Force Majeure
Without prejudice to Condition 4.6, We have no liability for any lack of performance, unavailability or failure of the Services or this Site, or for any failure of Us to comply with these Site Use Conditions where the same arises from any cause reasonably beyond Our control. - Governing Law
You will not institute court proceedings (including without limitation proceedings for interlocutory relief) in relation to any dispute arising out of or relating to this agreement in any court other than a court in the State of West Australia. You unequivocally submit to the jurisdiction of the courts of the State of West Australia.BY TICKING THIS BOX You acknowledge that You have read and agree to comply with the terms and conditions of these Site Use Conditions