(a) Welcome to Broker Ideas Group. These terms and conditions (Terms) apply when you:
(i) use this website and any other website that we own (including websites with the same domain name and different extensions) (Website);
(ii) engage with any of the materials you can access through the Website or that we otherwise provide to you, including free and paid materials (Materials); or
(iii) undertake any courses, webinars, seminars or other programs that we offer (Programs); or
(iv) access any of our groups on social media (Groups),
collectively referred to in these Terms as our “Services”.
(b) By using our Services, you agree to form the binding contractual agreement set out in these Terms as between you and us, JMV APS Pty Ltd as trustee for JMV APS Trust ABN 12 648 515 946 operating under the business name Broker Ideas Group (Broker Ideas Group, our, we or us).
(c) These Terms apply to the extent you access each type of our Services. Your participation in any particular Service may require you to agree to additional commercial and legal terms which will be provided to you prior to participation and will form part of these Terms and prevail over these Terms to the extent of any inconsistency.
(d) We may change these Terms at any time by updating the Terms and Conditions page of the Website, and your continued use of our Services following such an update will represent an agreement by you to be bound by the Terms as amended.
2. YOUR OBLIGATIONS
(a) (Right to Access) You must not use our Services if you:
(i) are under the age of 18 years old; or
(ii) have previously been suspended or prohibited from using our Services.
(b) (Compliance with Terms and laws) You must only use our Services in accordance with these Terms and any applicable laws, and you must ensure that your employees, sub-contractors and any other agents who use or access our Services comply with these Terms and any applicable laws.
(c) (Program Attendance and Participation) If you enrol in a Program that requires attendance at scheduled times (whether online or in-person), you are responsible for ensuring that you attend the Program on time and you are ready to participate in order to maximise the benefit of the Program for you.
(d) (Acceptable Community Behaviour) If you participate in a Program or access a Group, you must at all times behave in a manner that is courteous and respectful of other participants. You must not sell any products or services to other participants, unless invited to do so in writing by us. You must not engage in any behaviour that could be dangerous or offensive for other attendees. You must not spam, solicit money from, defraud, bully, "stalk", intimidate, assault, harass, mistreat, impersonate or defame any person or participant. We reserve the right to require you to leave a session and/or not permit access in future. If this occurs and you have paid for Services that you have not yet received, we will not provide you with a refund.
(e) (Acceptable Group Usage) If you are given access to a Group, you must only use it for the purpose of business discussion, training and networking. Posting any content that violates or infringes anyone's rights, or that contains political information, religious views, offensive material, MLM promotion, commercial advertisements, affiliate links and other forms of solicitation is banned. If conduct is deemed to be unacceptable and is not corrected after notice, we reserve the right to cancel your access.
(f) (Named Participant) Participation in any of our Programs including attendance at any online or in-person events is for the person specified at the time of purchase (Named Participant). Any changes to the Named Participant, including the addition of a business partner must be approved and confirmed in writing by an authorised Broker Ideas Group employee. Approval may be withheld at our absolute discretion. Where we do consent to an additional person being added as a Named Participant, additional fees may apply.
(g) (Confidentiality) Any information that you receive from us which in confidential in nature (and not available in the public domain) must be kept confidential. This includes not providing that information to third parties except where you are required to do so by law, or we provide you with written permission to do so. The username and password provided to you to access a Program are confidential and must not be given to or shared with others. The only exception to this is you may share relevant information with your team for the purposes of them implementing the ideas shared in a Program into your business.
(h) (Accuracy of Information) For us to provide the best service to you and to maintain the integrity of our community, any information you provide to us or to other participants when you use our Services must be accurate, correct and up-to-date to the best of your knowledge. Furthermore, if you participate in a Program that involves coaching sessions we ask that the information provided by you is as complete as possible.
(i) (Consent To Being Recorded) If you participate in a Program, you consent to your participation in the program being recorded (audio and visual) and for us to reproduce and display those recordings for promotional, advertising and training purposes.
(j) (Enabling Delivery) If you purchase any hard copy Materials that require delivery to you, you are responsible for ensuring that you provide accurate delivery details and are available to accept the Materials upon delivery. If you encounter any issues with delivery, please contact us through the functionality on the Website and we will endeavour to resolve the issue for you.
(k) (General) You must not:
(i) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Services without the express consent of Broker Ideas Group;
(ii) use, or attempt to use, the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(iii) use, or attempt to use, the Services in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
(iv) use the Services with the assistance of any automated scripting tool or software;
(v) use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vi) act in a way that may diminish or adversely impact the reputation of Broker Ideas Group; or
(vii) attempt to breach the security of our Services, or otherwise interfere with the normal functions of the Services, including by gaining unauthorised access, scanning, probing, overloading or submitting a virus to the Website.
(l) (Reporting Misuse or Errors) If you become aware of any misuse of the Services by any person, any errors in the Services or any difficulty in accessing or using the Services, please contact us immediately using the contact details on our Website.
Some of our Programs will attract a fee (Payment). All Payments must be paid in advance of accessing the Program. We reserve the right to suspend your access to a Program if your payments are not up to date.
Some of our Programs attract a Deposit. The Deposit is non-refundable and is paid to secure your place in the Program. If you change your mind after you have paid the Deposit it will not be refunded except in exceptional circumstances, at our absolute discretion.
4. MEMBERSHIP AND RECURRING PAYMENTS
(a) Some of our Programs are membership-based and involve a regular payment (Recurring Payment). Where there is a Recurring Payment this will be advises prior to participation and a minimum amount payable will be specified (Minimum Cost). For Recurring Payments, a credit card or VISA/Mastercard debit card will be saved securely using our third-party payment provider, and debited at the frequency indicated. Should your card expire, you are required to supply updated details.
(b) When you participate in some of our Programs there may be a period of time specified for both parties to confirm it is a good fit(Good Fit Period).
(c) Some of our Programs may have a minimum term which will be specified prior to participation (Minimum Term). After the Minimum Term your access to the Program will automatically continue with the Payment due at the same frequency, until it is cancelled in accordance with clause 12(c). After the Minimum Term the Payment may be revised. We will advise you of any changes to the Payment with 30-days written notice.
5. INFORMATION PROVIDED THROUGH OUR SERVICES
(a) While we make every effort to ensure that the information provided through our Services is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
(i) the Services will be free from errors or defects;
(ii) the Services will be accessible at all times;
(iii) messages sent through the Website will be delivered promptly, or delivered at all;
(iv) information you receive or supply through the Services will be secure or confidential; or
(v) any information provided through the Services is accurate or true.
(b) We reserve the right to change any information or functionality of the Services by updating the Website at any time without notice, including product descriptions, prices and other content.
(c) We reserve the right to revise the content of a Program, cancel or reschedule part of a Program or to make other changes to a Program as reasonably required over time.
(d) The Services may contain links and references to other websites that are not our responsibility. We do not endorse and we have no control over the content of the linked websites and references and we are not responsible for them.
6. ISSUES AND REFUNDS
If you encounter any issues with our Services, please contact us through the functionality on our Website and we will endeavour to resolve the issue. You must not attempt to initiate legal proceedings before complying with this issue resolution process. If you have paid for a Service, and there has been a failure of the Service to meet the Consumer Guarantees of the Australian Consumer Law, we will be happy to provide you a replacement or refund (in our discretion).
7. INTELLECTUAL PROPERTY
The Website, the Services and all of the related products of Broker Ideas Group are subject to copyright. The material on the Website and provided as part of the Services is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Broker Profits Vault or its contributors.
Broker Ideas Group retains ownership of all Intellectual Property Rights in the Services and anything provided to you in connection with the Services (including content, materials, text, spreadsheets, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Content). You may make a temporary electronic copy of all or part of the Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Content without prior written consent from Broker Ideas Group or as permitted by law. Furthermore, video files may not be downloaded from our websites.
The privacy of our team is important to us and we respect their right to separation of work and personal matters. We ask that you respect this right too. Any communication with Broker Ideas Group employees must be through official channels, namely Broker Ideas Group emails and phone numbers, our Website, a Group or directly during in-person and online sessions and events that are part of one of our Programs. Messages or communication received via other channels (including but not limited to Messenger, LinkedIn, Twitter and employees’ personal phone numbers and emails) will not be responded to.
Any information that you provide to us which in confidential in nature (and not available in the public domain) will be kept confidential. This includes not providing that information to third parties except where we are required to do so by law, or you provide us with written permission to do so.
10. DISCLAIMERS, LIABILITY AND INDEMNITY
(a) We provide support, guidance and tools to assist you to set goals, determine priorities and achieve results, but any decision you make or action you take, and the consequences that flow from such decisions and actions, is your sole responsibility. You acknowledge and agree that:
(i) any business endeavour has inherent risk for loss of capital. Broker Ideas Group make no express or implied claims that you will make money as a result of using our Services.
(ii) Broker Ideas Group is not responsible for any success or failure that you or your business may experience as a result of any information provided. You freely and of your own will risk all capital you may choose to spend implementing concepts outlined through our Services.
(iii) Our Services do not in any way constitute a promise or guarantee of results or future earnings.
(b) Our Services are intended for general education and information purposes only. None of our Content purports to offer business, financial, legal, medical, tax or other professional advice. You should use caution and always seek professional advice before acting on any information on our Website or that Broker Ideas Group provides through our Services.
(c) Tools provided as part of our Services (such as spreadsheets or calculators) are intended to serve as a starting point only. They should be carefully considered and tailored to meet your specific commercial requirements and circumstances. We recommend that you seek professional advice to ensure that use of any tools is suitable for your specific situation.
(d) We make no warranties or representations about our Content and (to the maximum extent permitted by law) we will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of our Services and Content. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our Services. You indemnify us for any loss or liability arising out of your use of our Services.
(e) Broker Ideas Group does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Services. You must take your own precautions to ensure that the process that you employ for accessing the Service does not expose you to risk of viruses, malicious computer code or other forms of interference.
11. IN-PERSON EVENTS
Where a Program includes access to an in-person event, all conference fees and event materials are included. However, for all in-person events flights, accommodation, meals, drinks and all other expenses are your responsibility. You also understand that if we are unable to run an in-person event for any reason, we reserve the right to shift dates and/or move location and the associated losses or transfer costs are your responsibility. Alternatively, we reserve the right to offer a live-streamed experience instead of in-person.
(a) (Termination during the Good Fit Period) During the Good Fit Period, either party may terminate the agreement without cause by giving written notice to the other party at least 3-days in advance. After receiving notice to terminate during the Good Fit Period there will be nothing further payable to us, and your membership will be cancelled at the end of the period for which payment has already been made. There are no suspensions or refunds during the Good Fit Period.
(b) (Termination during the Minimum Term) After any Good Fit Period and during the Minimum Term you may not suspend or cancel your membership, and no refunds will be given. During the Minimum Term we reserve the right to assess your membership in cases of extenuating and/or extraordinary circumstances and if an early termination is agreed upon by both parties in writing, a contract exit fee will be charged and payable to us within 7-days (Contract Exit Fee).
(c) (Termination after the Minimum Term) After the minimum term, you may cancel your membership. Suspensions are not possible as we have limited capacity in our Programs. To cancel your membership send us an email 10-days prior to your next payment date. By doing so we can ensure no further charges take place. You will then be contacted to confirm this action and your membership will be cancelled at the end of your payment cycle.
(d) (Termination for breach) We may terminate at any time without notice if you engage in a serious or material breach of this agreement or if you breach clause 2(g) (Confidentiality) or breach clause 7 (Intellectual Property). If you or we breach any term of this agreement, the other party may give notice requiring that party to rectify the breach. If the notified party fails to rectify the breach to the satisfaction of the notifying party within 7-days of the notice, the notifying party may terminate this agreement by notice in writing.
(e) (Obligations upon termination) Upon termination any clause of this agreement that by its nature would reasonably be expected to be performed after the termination of this agreement will survive termination and if you owe any overdue Payments, these will be payable immediately.
13.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
13.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
(a) Unless otherwise permitted in clause (b) below, a party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
(b) Notwithstanding (a) above, either party may assign, novate or otherwise transfer any of its rights or obligations under this agreement by written notice and without the prior written consent of the other party, where such assignment, novation or transfer:
(i) is to a related body corporate of a party to this agreement as defined in s 50 of the Corporations Act 2001 (the Act); or
(ii) results in the individual(s) who are in control (as defined in s 50AA of the Act) of the party to this agreement continuing to have control over the new party to this agreement in which this agreement has been assigned, novated or transferred.
13.6 ENTIRE AGREEMENT
Subject to the application of any additional terms provided in relation to a particular Service, this agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.