Mentoring Terms and Conditions

Investmentor Mentorship Program Terms and 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 Mentee.
1.2. Defined terms: in these Terms & Conditions unless otherwise provided, the following terms shall have their meaning as specified:
1.3. 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.
1.4. Consequential Loss means:
1.4.1. 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
1.4.2. Loss of revenue, punitive damages, loss of profit, loss of anticipated savings and loss of business opportunity.
1.5. Default Event means any of the following:
1.5.1. you have failed to make payment of the Mentorship Success Fee when due;
1.5.2. you have committed a material breach of these Terms and Conditions; or
1.5.3. you have engaged in conduct that amounts to serious or wilful misconduct including:
1.5.3.1. committing an act of dishonesty or theft;
1.5.3.2. assaulting or engaging in threatening behaviour towards our staff, agents, representatives, or other mentees;
1.5.3.3. creating a serious risk to the health and safety of our staff, agents, representatives’ other mentees, or another person; or
1.5.3.4. engaging in conduct that causes unacceptable loss to our reputation or profitability or may be reasonably likely to do so.
1.6. 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.
1.7. Mentorship or Mentorship Program means the Mentorship Services as set out in the Mentorship Program Summary in the Schedule.
1.8. Mentorship Success means your readiness to purchase a property, evidenced by
(a) your submission of an expression of interest of a property through Investmentor’s recommendation (EOI);
(b) paying the relevant deposit for the property (together, known as a Reservation).
1.9. Mentorship Success Fee means the fee listed in the relevant section of the Mentorship Program Summary on a per property basis.
1.10. Mentorship Services means the services provided by us as part of the Mentorship are set out in the Mentorship Program Summary.

2. MENTORSHIP
2.1. These Terms and Conditions apply to your Mentorship from the date of your enrolment or online registration.
2.2. By signing up to the Mentorship Program and using our Mentorship Services, you agree:
2.2.1. To complete and provide all documents relating to the provision of the Mentorship Services as required by us in an accurate and timely manner; and
2.2.2. That you have/will make your own assessment of the fitness for purpose and suitability of the Mentorship Services.

3. FEE AND PAYMENT
3.1. The Mentorship Success Fee (as defined at clause 1.9) is payable by you upon Mentorship Success (as defined at clause 1.8) being achieved.
3.2. 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.
3.3. We may recover from you any costs we incur in the collection of the Mentorship Success Fee including any reasonable debt recovery fees.
3.4. During the course of a payment plan (if applicable), if payments are not made in accordance with the agreed timeline as per clause 3.1, mentorship and access to mentee only benefits will not be granted until such time that payment is made, unless otherwise stated in writing.
3.5. In the event that you submit an EOI and/or a Reservation 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:
3.5.1. You are responsible to pay for the conveyancing costs incurred to date directly to the legal firm or
3.5.2. You agree to reimburse Investmentor any conveyancing cost paid on your behalf within 14 days of notice to pay.
3.6. To the extent permitted by law, in the event that you achieve Mentorship Success and subsequently decide not to proceed with the purchase or fail to settle the property successfully for whatever reason, you agree that the Mentorship Success Fee is non-refundable as it reflects our fees for the Mentorship Services provided to you to achieve Mentorship Success. However we may (at our discretion) agree to provide you with a credit for an equivalent amount of the Mentorship Success Fee if you choose to submit another Reservation where you have decided not to proceed prior to signing a contract of sale.

4. CONFIDENTIALITY
4.1. 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.
4.2. You shall keep confidential and shall not use any Confidential Information communicated by us to you without our prior written consent.
4.3. The restriction contained in this clause shall continue to apply for the term of your Mentorship with us and after the expiry or termination of this agreement.
4.4. Either party may disclose any Confidential Information to the extent:
4.4.1. required by law; or
4.4.2. required by any competent regulatory authority or recognised stock exchange; or
4.4.3. 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.

5. PRIVACY AND DATA
5.1. You understand that unless you consent to the use and disclosure of your information that Investmentor cannot complete a Property Strategy Plan.
5.2. 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.
5.3. You understand that, during the course of the Mentorship Program. 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 5.2.
5.4. 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.

6. INTELLECTUAL PROPERTY
6.1. You agree that all of our Intellectual Property Rights relating in any way to the supply of our Mentorship 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.

7. EXCLUSIONS AND ACKNOWLEDGEMENTS
7.1. 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 Mentorship Program gives you access to licensed professionals within the Investmentor network.
7.2. 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.
7.3. 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.
7.4. To the fullest extent permitted by law, we exclude any liability arising in relation to the provision of our Mentorship 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.
7.5. We will not be liable for any loss or damage caused by:
7.5.1. non-adherence by you to the information, recommendations and strategies provided to you under the Mentorship Services;
7.5.2. interference with our Mentorship Services for which we are not responsible;
7.5.3. unusual or non-recommended use of the Mentorship Services;
7.5.4. your failure to promptly provide us with any documents or information we request.
7.6. Neither party will be liable for any special, indirect, Consequential Loss or damage suffered by a party or any other person resulting from any act or omission by the other party. However the exclusion of liability in this clause 7.6 will not apply in relation to the liability of either party for fraud, unlawful or criminal acts or conduct.
7.7. 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:
7.7.1. the supply of the Mentorship Services again; or
7.7.2. the payment of the cost of having the Mentorship Services supplied again.
Your total liability for breach of these Terms and Conditions or contractual obligations or duties at law or in equity (however arising) is limited to an amount equivalent to the aggregate amount of money paid or payable to us under these Terms and Conditions.
7.8. 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.
7.9. 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.
7.10. We provide no warranty in respect of any third-party services even where forming part of the Mentorship 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.
7.11. You recognise and acknowledge that Investmentor are paid a marketing fee and/or a referral fee on services including but not limited to property sales, property management, marketing and finance.
7.12. 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.

8. TERMINATION
8.1. Either party may terminate the Mentorship Services and these Terms and Conditions at any time without cause by providing written notice to the other party. Following termination of these Terms and Conditions under this clause, you must pay Investmentor the Mentorship Success Fees if incurred in accordance with clause 3.1.
8.2. 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, provided that we have provided you with written notice of the Default Event and you have failed to rectify the Default Event within three (3) days of the date of such notice.
8.3. If we terminate our agreement with you under clause 8.2, all monies owing to us become immediately due and payable and you must pay our losses and costs (including legal costs) that we may incur as a result of your breach of these Terms and Conditions.
8.4. Any clause by its nature intended to survive termination of these Terms and Conditions survives termination of these Terms and Conditions, including clauses 3 (Fee and Payment), 4 (Confidentiality), 6 (Intellectual Property) and 7 (Exclusions and Acknowledgements).

9. GENERAL
9.1. Your application and these Terms and Conditions (including any Schedule) constitutes the full and complete agreement between you and Investmentor in relation to your Mentorship 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.
9.2. If we adopt new terms and conditions for our Mentorship Services you will be given 14 days written notice of this and unless otherwise agreed, they will apply to the supply of the Mentorship Services after you confirm in writing your acceptance of such new terms and conditions.
9.3. 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.
9.4. 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.
9.5. 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.
9.6. 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.
9.7. 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.

10. NOTICES
10.1. A notice required to be given under these Terms and Conditions shall be given in writing and delivered personally, by email, or, forwarded by pre-paid post (airmail if overseas) to the addresses set out in the Application.
10.2. Notices which are sent by us will be deemed to have been received by the addressee:
10.2.1. If left at the recipient’s address, on the date of delivery;
10.2.2. If sent by prepaid post, 5 days after the date of posting;
10.2.3. If it is sent in electronic form, on the day and time that the email has left the sender’s email system, provided that the sender does not within 24 hours receive a notification from either the sender or the recipient’s email system indicating that the message has not been sent and/or received.

SCHEDULE - MENTORSHIP PROGRAM SUMMARY

Mentorship Success Fee

$997 AUD (inclusive of GST)/per property

Mentorship Services - As a mentee, you will receive access to:

1-1 Mentorship - If you’re ready to invest, we’ll pair you with a personal property mentor. After we match you with your mentor, your first call will be a 2 hour session to establish your current situation and your Financial Freedom & Security goals. We’ll map out exactly what it will take to get you where you want to be. You’ll come away with the confidence and clarity to know what it will really take to retire comfortably and on your terms.
Premium Education & Training - We know that knowledge pays the highest interest in the property game. That’s why we empower you with information and training that raises your knowledge, confidence and decision making. You'll gain access to our FULL library of self-learning content including past webinar recordings, videos and content that will arm you with market, investment and personal knowledge on how to become successful!
Exclusive Research & Data - You will automatically receive invites to our weekly property location webinars. These are LIVE webinars where we go into detail about the location we're showcasing in that week. In these webinars you will learn all there is to know about these locations, why we selected these areas, and you will have an opportunity to express interest in investing in these opportunities.
Access To An Expert Team - Your personal mentor is only one part of the Investmentor network you’ll have access to an Aussie property ‘A Team’ including Market Researchers, Analysts & Lawyers — all working together to give you the tools and support you need to maximize your property investing.

* 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.