Insights 2050 terms and conditions
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INNER CIRCLE TERMS AND CONDITIONS 13/04/18 1. Definitions 1."CCA" means Competition and Consumer Act 2010. 2."Client" means the person that signs this Agreement which incorporates these Terms and Conditions (Agreement) being the person entering into the arrangements detailed in these Terms and Conditions and extends to their administrators, executors, heirs and permitted transferees. 3."Costs" means the costs to be paid by the Client to the Provider in respect of the Seminar as detailed in the Financial Details document. 4."Covering Particulars" means the particulars detailed on the cover page to these Terms and Conditions and detailing those particulars stated on the Cover Page, including the personal particulars of the Client. 5."Payment Plan" means those payment options in respect of the Costs for the Training Program as detailed in the Financial Details document. 6."Provider" means Think and Grow Education PTY LTD (ACN 617 319 945) C/- Matrix Partners; Level 1, 420 Bagot Road Subiaco, Perth Western Australia 6008, its successors and assigns or any other person acting on behalf of or with the authority of the Provider. 7. "Training" means the Training and other services (Services) to be arranged and conducted by the Provider, for the benefit of the Client. 2.Acceptance 2.1.The Client is taken to have exclusively accepted and is immediately bound by these Terms and Conditions when the Client signs this Agreement. 2.2.These Terms and Conditions may only be amended with the Provider's . 2.3.By participating in the Training, this Agreement, incorporating these Terms and Conditions you are accepting those terms and conditions. 2.4.The Provider will not accept the Client to participate in the Training where the Client has not properly completed and signed this Agreement. 3.Transfer of Entitlement 3.1.The Client may not transfer of his/her right to this program to a third party. 4.Costs and Payment 4.1.The Costs of the Training are detailed in Schedule 1 which details the options for the Client to effect payment of the Costs in accordance with the Payment Plan. 4.2.The Client acknowledges that he/she is obliged to make payment in full of the Costs until full payment of the Costs is completed. 4.3.To the full extent permissible by law, no payments made by the Client are refundable. 4.4.Time for payment of the Costs (and each payment to be made pursuant to the Payment Plan), shall be of the essence and all payments to be made by the Client must be strictly in accordance with the Terms of this Agreement. 5. Acknowledgements 5.1.The Client acknowledges that the Provider does not offer, purport to give and that the Training does not constitute any form of financial advice. 5.2.The Client acknowledges and agrees that he/ she shall have no claim nor demand upon the Provider in the event that the Client perceives that the Training is not in accordance with the Client's expectations. In that regard, the Client acknowledges that he/she has had the opportunity to make full investigations and enquiries relating to the Training and to ask the Provider and its representatives all such questions relating to the Training and to request all such information from the Provider that he/she requires in determining to enter into this Agreement. 5.3.Under applicable State, Territory and Commonwealth Law (including without limitation the CCA), certain statutory implied guarantees and warranties (including without limitation the statutory guarantees under the CCA) may be implied into these Terms and Conditions (Non-Excluded Guarantees). 5.4.The Provider acknowledges that nothing in these Terms and Conditions purports to modify or exclude the Non-Excluded Guarantees. 5.5.Except as expressly set out in these Terms and Conditions or in respect of the Non-Excluded Guarantees, the Provider makes no warranties or other representations under these Terms and Conditions including but not limited to the quality or suitability of the Training. The Provider's liability in respect of these warranties is limited to the fullest extent permitted by law. The client acknowledges that by participating in the Training, there is no guarantee that the client will be successful in obtaining a property under Option, or purchasing or making an offer to Option or purchase a property. There are ALWAYS risks in property. 5.6.If the Client is a consumer within the meaning of the CCA, the Provider's liability is limited to the extent permitted by Section 64A of Schedule 2. 5.7.If the Client is not a consumer within the meaning of the CCA, the Provider's liability is: 5.7.1.limited to the value of any express warranty provided to the Client by the Provider at the Provider's sole discretion; 5.7.2.otherwise negated absolutely. 6. Default 6.1.Interest on overdue money to be paid by the Client pursuant to this Agreement shall accrue daily from the date when payment becomes due, until the date of payment, at the rate of one per cent (1%) per month. 6.2.In respect of any overdue payment from the Client in relation to the Costs or under the Payment Plan, each default shall attract an administration fee payable by the Client in the sum of forty dollars ($15.00). 6.3.If the Client owes the Provider any money (Debt), the Client shall indemnify the Provider from and against all costs and disbursements incurred by the Provider in recovering the Debt (including but not limited to internal administration fees, legal costs on a solicitor and own Client basis, the Provider's collection agency costs and any bank dishonour fees). 6.4.Without prejudice to any other remedies the Provider may have, if at any time, the Client is in breach of any obligation (including those relating to payment) under these Terms and Conditions, the Provider may suspend or terminate the Client's participation in the Training and any other Services. In this event, the Provider will not be liable to the Client for any loss or damage the Client suffers because the Provider has exercised its rights under this Clause. 6.5.Without prejudice to the Provider's other remedies at law, the Provider shall be entitled to cancel all or any part of the Client's participation in the Training or any other Service to be provided to the Client by the Provider, pursuant to these Terms and Conditions, and all amounts owing to the Provider shall, whether or not due for payment, become immediately payable if: 6.5.1.any money payable to the Provider becomes overdue, or in the Provider's opinion, the Client will be unable to make a payment when it falls due; 6.5.2.the Client becomes insolvent, or enters into any scheme of arrangement with creditors, or makes an assignment for the benefit of its creditors; or 6.5.3.a trustee is appointed in respect of the Client's estate or any asset of the Client. 7. Cancellation 7.1.The Provider may cancel any Training or other Service to which these Terms and Conditions apply at any time before holding such Training (or delivering any other Service to the Client). On giving such notice, the Provider shall repay to the Client any money paid by the Client for that Seminar or Service. The Provider shall otherwise not be liable for any loss or damage whatsoever arising from such cancellation 8. Privacy Act 1988 8.1.The Client agrees that personal credit information provided may be used and retained by the Provider for the following purposes (and for other purposes as shall be agreed between the Client and Provider or required by law from time to time): 8.1.1.the provision of Services; and/or 8.1.2.the marketing of Services by the Provider and its agents; and/or 8.1.3.processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or 8.1.4.enabling the daily operation of Client's account and/or the collection of amounts outstanding in the Client's account in relation to the Services; 8.1.5.advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started; 8.1.6.that the Client's overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed; 9. General 9.1.The failure by the Provider to enforce any provision of these Terms and Conditions shall not be treated as a waiver of that provision, nor shall it affect the Provider's right to subsequently enforce that provision. If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. 9.2.These Terms and Conditions and any contract to which they apply shall be governed by the laws of the state of Western Australia, and are subject to the jurisdiction of the Courts in that State. 9.3.Subject as specifically stated otherwise in this Agreement, the Provider shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense suffered by the Client arising out of a breach by the Provider of these Terms and Conditions (alternatively the Provider's liability shall be limited to damages which under no circumstances shall exceed the Cost). 9.4.The Client shall not be entitled to set off against, or deduct from the Costs, any sums owed or claimed to be owed to the Client by the Provider nor to withhold payment of any payment due in respect of the Costs because any payment is in dispute. 9.5.The Provider may license or sub-contract all or any part of its rights and obligations without the Client's consent. 9.6.The Client agrees that the Provider may amend these Terms and Conditions at any time. If the Provider makes a change to these Terms and Conditions, then that change will take effect from the date on which the Provider notifies the Client of such change. 9.7.The Provider shall not be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of the Provider. 9.8.The Client acknowledges and agrees that the Provider has the exclusive right, title and interest in and to its intellectual property and the Client acknowledges that it does not have any rights in the Provider's intellectual property. The Client must not use the Provider's intellectual property without its prior written approval. 10. Service of Notice 10.1. A party to this Agreement may serve a Notice upon the other party to this Agreement by: 10.1.1.Personal service on the other party; or INNER CIRCLE TERMS AND CONDITIONS 13/04/18 10.1.2.Pre-paid post to the other party at the address shown in the Covering Particulars to this Agreement for that party; or 10.1.3. By facsimile to the facsimile number of the addressee shown on the Covering Particulars; or 10.1.4.By sending it by email to the email address of the addressee shown on the Covering Particulars. 10.2. Service is effected two (2) days after posting, if a Notice or Request is posted. 11. The Training 11.a This is a 100% on-line program including access to the INNER CIRCLE Facebook Group (closed group), over 40 training videos and a downloadable


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