(a) Welcome to Broker Profits Vault. 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),
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 Profits Vault (Broker Profits Vault, 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 this 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 CommunityBehaviour) If you attend a Program, you must at all times behave in a manner that is courteous and respectful of other attendees. You must not engage in any behaviour that could be dangerous or offensive for other attendees. 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 received, we will provide you with a refund.
(e) (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.
(f) (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.
(g) (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 Profits Vault;
(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) act in a way that may diminish or adversely impact the reputation of Broker Profits Vault; or
(vi) 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.
(h) (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 or form provided on our Website.
3. 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) 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.
4. 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).
5. INTELLECTUAL PROPERTY
Broker Profits Vault retains ownership of all Intellectual Property Rights in the Services and anything provided to you in connection with the Services (including content, materials, text, 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 Profits Vault or as permitted by law.
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.
8. 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, and the consequences that flow from such decisions, is your sole responsibility. You acknowledge and agree that:
(i) any business endeavour has inherent risk for loss of capital. Broker Profits Vault make no express or implied claims that you will make money as a result of using our Services.
(ii) Broker Profits Vault 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 Profits Vault provides.
(c) 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 this Website. 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.
(d) Broker Profits Vault 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.
9.1 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.
9.4 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.
9.6 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.