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WEBSITE TERMS AND CONDITIONS OF USE

› Terms and Conditions
  1. About the Website
    1. Welcome to Sammy Gordon’s School of Property (Website). The Website provides a comprehensive educational program designed to guide both novice and seasoned property investors in building strategic property portfolios by providing education Services (Services).
    2. The Website is operated by SPG Education Pty Ltd (ACN 93 671 906 540) (SPG Education). Access to and use of the Website, or any of its associated Products or Services, is provided by SPG Education and/or its Licensees. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
    3. SPG Education reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SOP updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
  2. Acceptance of the Terms
    You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by SPG Education in the user interface.
  3. Payment to use the Services
    1. In order to access the Services, you must first purchase the Service through one of SPG Education’s Licensees by paying the applicable fee for the Service (Payment).
    2. In purchasing the Service, you acknowledge and agree that it is your responsibility to ensure that the Service you elect to purchase is suitable for your use.
    3. Once you have made Payment for the Service, you will then be required to register for an account through the Website before you can access the Services (Account).
    4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
      1. Email address
      2. Preferred username
      3. Mailing address
      4. Telephone number
      5. Password
    5. You warrant that any information you give to SPG Education and/or its Licensees in the course of completing the registration process will always be accurate, correct and up to date.
    6. Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms. As a Member you will be granted access to the Services from the time you have completed the registration process.
    7. You may not use the Services and may not accept the Terms if:
      1. You are not of legal age to form a binding contract with SPG Education; or
      2. You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
  4. Your obligations as a Member
    1. As a Member, you agree to comply with the following:
      1. You will use the Services only for purposes that are permitted by:
        1. the Terms; and
        2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      2. You have the sole responsibility for protecting the confidentiality of your Login Credentials. Use of your password by any other person may result in the immediate cancellation of the Services;
      3. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify SPG Education of any unauthorised use of your Login Credentials or any breach of security of which you have become aware;
      4. Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of SPG Education providing the Services;
      5. You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of SPG Education and/or its Licensees; and
      6. You will not 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.
  5. Acknowledgments and Agreements
    1. As a Member you acknowledge and agree that:
      1. All Products, information, course materials, content features and documentation provided by SPG Education are provided in good faith and resemble the true facts as they are reasonably known to SPG Education at that time;
      2. You must make your own enquiry as to the suitability to you for Service before enrolment or before you purchase;
      3. You accept that any such information provided by SPG Education is general information and is not in the nature of specific advice and general only;
      4. Where applicable, SPG Education derives its information from sources which it believes to be credible, reliable, current, accurate and up to date, as at the date of publication. SPG Education nevertheless reserve the right to update this information at any time;
      5. You must always seek your own independent expert advice including legal, accounting, financial, tax advice and you must not rely upon the contents of SPG Education’s website or any other information from us for factual purposes;
      6. SPG Education does not make any representations, undertakings or warranties that the information we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure;
      7. To the extent permissible by law, SPG Education is not liable for any loss resulting from any action taken or reliance made by you on any information posted by SPG Education or the use of the Services/Products or other features made available by SPG Education on the website;
      8. You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services.
      9. Appropriate legal action will be taken by SPG Education for any illegal or unauthorised use of the Website;
      10. You acknowledge and agree that any automated use of the Website or its Services is prohibited;
      11. The information available on SPG Education’s website does not take account of your particular requirements or circumstances; and
      12. You are not receiving, and you do not accept any professional, financial, legal or other qualified advice from SPG Education and/or any of our Licensees.
  6. Restrictions on Use
    1. Unless SPG Education agrees otherwise in writing, you are provided with access to this website and SPG Education’s Services only for your bona fide personal use and must not be reproduced at all and ever.
    2. You agree that you will not (either yourself or via a third party):
      1. Resell any of SPG Education Services on a private, retail or commercial scale or at all without our prior written express consent;
      2. Use any data aggregation tool, spider, robot, screen scraper or other automatic device or process (Automated Device) to monitor, process or reproduce any web pages on the website or any of the information, content or data contained within or accessible through the website, without SPG Education’s prior written permission;
      3. Use any Automated Device to combine or aggregate information, content or data contained within or accessible through the website with information, content or data accessible via or sourced from any third party;
      4. Use any information on or accessed through the website for any commercial purpose (including the provision of pricing estimates or for market research) or otherwise for profit or gain (either directly or indirectly);
      5. Use any device, process, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction or process being conducted on or through it;
      6. Take any action that imposes an unreasonably or disproportionally large load on the infrastructure of or bandwidth connecting to SPG Education’s website;
      7. Reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or algorithm or process in respect of the software underlying the infrastructure and processes associated with the website;
      8. Copy, reproduce, alter, modify, create derivate works, communicate to the public any part of any content from the website without SPG Education’s prior written permission; and
      9. Copy, reproduce or use any of the contents of SPG Education’s website or SPG Education’s Services for your own benefit and use without our prior written consent which may be determined in SPG Education’s sole discretion.
  7. Payment
    1. The payment made in the course of your use of the Services are made after issuance of a valid invoice from one of our Licensees. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions which are available on their website.
    2. You acknowledge and agree that where a request for the payment is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Fee.
  8. Refund Policy
    1. Any money that you pay for the Service is non-refundable and to be paid before any access to the website is granted.
    2. Any benefits set out in this Terms and Conditions may apply in addition to consumer’s rights under the Australian Consumer Law.
  9. Copyright and Intellectual Property
    1. The Website, the Services and all of the related products of SPG Education are subject to copyright. The material on the Website 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 SPG Education or its contributors.
    2. All trademarks, service marks and trade names are owned, registered and/or licensed by SPG Education, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
      1. Use the Website pursuant to the Terms;
      2. Copy and store the Website and the material contained in the Website in your device’s cache memory; and
      3. Print pages from the Website for your own personal and non-commercial use.

      SPG Education does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by SPG Education.

    3. SPG Education retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
      1. Business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
      2. A right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
      3. A thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
    4. You may not, without the prior written permission of SPG Education and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
  10. Privacy
    SPG Education takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to SPG Education’s Privacy Policy, which is available on the Website.
  11. General Disclaimer
    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    2. Subject to this clause, and to the extent permitted by law:
      1. All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      2. SPG Education will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of SPG Education make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of SPG Education) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. The accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
      3. Costs incurred as a result of you using the Website, the Services or any of the products of SPG Education; and
      4. The Services or operation in respect to links which are provided for your convenience.
  12. Limitation of liability
    1. SPG Education’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
    2. You expressly understand and agree that SPG Education, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
  13. Competitors
    If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of SPG Education. Competitors are not permitted to use or access any information or content on our website. If you breach this provision, SPG Education will hold you fully responsible for any loss that SPG Education may sustain and hold you accountable for all profits that you might make from such a breach.
  14. Termination of Contract
    1. The Terms will continue to apply until terminated by either you or by SPG Education as set out below.
    2. If you want to terminate the Terms, you may do so by:
      1. Providing SPG Education with 14 days’ notice of your intention to terminate; and
      2. Closing your accounts for all of the Services which you use, where SPG Education has made this option available to you.

      Your notice should be sent, in writing, to SPG Education via the email address  support@sammygordonsschoolofproperty.com.au.

    3. SPG Education may at any time, terminate the Terms with you if:
      1. You have breached any provision of the Terms or intend to breach any provision;
      2. SPG Education is required to do so by law;
      3. The provision of the Services to you by SPG Education is, in the opinion of SPG Education, no longer commercially viable.
    4. Subject to local applicable laws, SPG Education reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts SPG Education’s name or reputation or violates the rights of those of another party.
  15. Indemnity
    You agree to indemnify SPG Education, its Licensees, affiliates, employees, agents, contributors, and third party content providers from and against:

    1. All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
    2. Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
    3. Any breach of the Terms.
  16. Dispute Resolution
    1. Compulsory:
      If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    2. Notice:
      A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    3. Resolution:
      On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

      1. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
      2. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Queensland Law Society;
      3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
      4. The mediation will be held in Brisbane, Australia.
    4. Confidential
      All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
    5. Termination of Mediation:
      If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
  17. Venue and Jurisdiction
    The Services offered by SPG Education is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
  18. Governing Law
    The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
  19. Severance
    If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

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