End User License Agreement, Privacy Policy, Terms & Conditions

My Property Education Pty Ltd as trustee for My Property Education Trust trading as Lead Developer
ABN 13 577 507 986

This is a legal agreement ("Agreement") between you (and or your organization) (“you”, the “Customer”) and My Property Education Pty Ltd as trustee for My Property Education Trust trading as Lead Developer via any “Website” with (“we”, “us”, "company", "Lead Developer" or “PDS”).

By completing any of our Registration Forms and by using any of the Services (as defined below), you become a Customer and agree to, and are bound by, the End User License Agreement, Terms and Conditions, Privacy policy and refunds & guarantees disclaimer of this Agreement for as long as you continue to use the Services.

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End User License Agreement


In this agreement, the “software” is the Lead Developer suite of software products, as made available from time to time.

The Licensor is Majestic 1 Pty Ltd as Trustee for Majestic 1 Trust ABN: 802543452173

License grant

  • Subject to the Licensee’s compliance with the terms and conditions of this Agreement, the Licensor hereby grants the Licensee a nonexclusive revocable, non-transferable, non-sublicensable, internal license to use the Software solely for the Licensee’s educational, training and business purposes in accordance with the Documentation. “Documentation” means any of the Licensor’s documentation and usage guides including standard installation materials, training materials, specifications and online help documents for the applicable Software and Service made generally available by the Licensor, as updated from time to time.
  • The Licensor or its licensors retain all right, title and interest in and to the Software and related Documentation and materials, including, without limitation, all patent, copyright, trademark, and trade secret rights embodied in, or otherwise applicable to the Software, whether such rights are registered or unregistered, and wherever in the world those rights may exist. the Licensee shall not commit any act or omission or permit or induce any third party to commit any act or omission inconsistent with the Licensor’s or its licensors’ rights, title and interest in and to the Software and the intellectual property rights embodied therein. All materials embodied in, or comprising the Software, including, but not limited to, graphics, user and visual interfaces, images, code, applications, and text, as well as the design, structure, selection, coordination, expression, "look and feel", and arrangement of the Software and its  content, and the trademarks, service marks, proprietary logos and other distinctive brand features found in the Software are all owned by the Licensor or its licensors.


You may not:

  • assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software.
  • share the Licence, or contents of the Software, with others;
  • copy any part of the Software except to the extent that the licensed use inherently demands the creation of a temporary copy stored in the computer memory and not permanently affixed on storage medium;
  • decompile, "reverse engineer", disassemble, or otherwise attempt to derive the source code for the Software;
  • modify the Software or create any derivative work of the Software or its accompanying documentation. Derivative works include but are not limited to translations;
  • broadcast, transmit or otherwise display in a public forum or any venue not restricted to you, the Software or any part of the Software;
  • post the Software or part of the Software on any website;
  • use the Software for commercial purposes;
  • use the Software to develop any product having the same primary function as the Software, or a product that competes with the Software; or
  • alter any files or libraries in any portion of the Software.


This Section applies if you purchase the Software through an authorised partner or reseller of the Licensor (“Reseller”).

  • Instead of paying the Licensor, you will pay the applicable amounts to the Reseller, as agreed between you and the Reseller. the Licensor may suspend or terminate your rights to use Software if the Licensor does not receive the corresponding payment from the Reseller.
  • Instead of an order with the Licensor, your order details will be as stated in the order placed with the Licensor by the Reseller on your behalf, and the Reseller is responsible for the accuracy of any such order as communicated to the Licensor.
  • If you are entitled to a refund under this Agreement, then unless otherwise specified by the Licensor, the Licensor will refund any applicable fees to the Reseller and the Reseller will be solely responsible for refunding the appropriate amounts to you.
  • Resellers are not authorized to modify this Agreement or make any promises or commitments on the Licensor’s behalf, and the Licensor is not bound by any obligations to you other than as set forth in this Agreement.

Warranties and exclusions

  • Provisions of the Competition and Consumer Act 2010 and other laws in force from time to time in Australia may imply guarantees, warranties, conditions, and impose obligations on the Licensor and its subsidiaries, affiliates, and suppliers ("Implied Terms"). If these Implied Terms apply, the Licensor’s liability will be limited at its option to resupply, repair or replacement of the Software or the cost of such resupply, repair or replacement, to the extent permitted by law.
  • Unless otherwise explicitly agreed to in writing by the Licensor, subject to the Implied Terms, all representations, guarantees, conditions and warranties of any nature are expressly excluded.
  • Nothing in this clause excludes, restricts or modifies your rights under an Implied Term.
  • Each party represents and warrants to the other party that: (i) it has the full power and authority to enter into this Agreement and to carry out its obligations under this Agreement; and (ii) it has complied, and will in the future comply, with all laws, rules and regulations applicable to it in connection with its execution, delivery and performance of this Agreement.
  • The Licensor does not guarantee any specific results or any results at all from the use of the Software.

Fees and Payment

The Licensee shall pay all fees in accordance with each order or the Documentation by the due dates and in the currency specified in the order or the Documentation. 

Exclusion of damages

Subject to any Implied Term, the Licensor, its directors, officers, employees, or agents will not be liable to you or any other party for indirect, consequential, special, incidental, punitive or exemplary damages of any kind (including loss of revenues or profits or loss of business) arising in connection with these terms, the Software, any software for the Software or any support services for the Software, whether based on contract, tort, statute, or any other legal theory.

Limitation of liability and remedies

To the extent that the applicable jurisdiction limits the Licensor’s ability to disclaim any implied warranties, this disclaimer shall be effective to the maximum extent permitted.  If, notwithstanding the limitations of liability in this Agreement, the Licensor is found to be liable to the Licensee, the Licensor’s liability is limited in relation to any event or series of related events will not exceed the fees paid by the Licensee for the use of the Software.

Licensee indemnity

You will indemnify the Licensor, its directors, officers, employees, agents and contractors in full against any liability, loss, damages, costs and expenses as a result of or in connection with your use of the Software, including but not limited to, any modification by you of the Software which causes the Software to infringe the intellectual property rights of a third party.


  • “Confidential Information” means any proprietary information that is marked “confidential” or  “proprietary” or any other similar term or in relation to which its confidentiality should by its nature be inferred or, if  disclosed orally, is identified as being confidential at the time of disclosure and, within two (2) weeks thereafter, is summarized, appropriately labeled and provided in tangible form, received by the other party during, or prior to entering into, this Agreement including, without limitation, the Software and any non-public technical and business information. 
  • Confidential Information does not include information that (i) is or becomes generally known to the public through no fault of or breach of this Agreement by the receiving party; (ii) is rightfully known by the receiving party at the time of disclosure without an obligation of confidentiality; (iii) is independently developed by the receiving party without the use of the disclosing party’s Confidential Information; or (iv) the receiving party rightfully obtains from a third party without restriction on use or disclosure.
  • The receiving party shall protect the secrecy of and prevent disclosure and unauthorized use of the disclosing party's Confidential Information using the same degree of care that it takes to protect its own confidential information and in no event shall use less than reasonable care. The receiving party of any Confidential Information of the other party agrees not to use such Confidential Information for any purpose except as necessary to fulfill its obligations and exercise its rights under this Agreement. The receiving party may disclose the Confidential Information of the disclosing party if required by judicial or administrative process, provided that the receiving party first provides the disclosing party prompt notice of such required disclosure (to the extent allowed). Upon termination or expiration of this Agreement, the receiving party will destroy (and provide written certification of such destruction) the disclosing party’s Confidential Information.


The Licensor may collect certain data and information from the Licensee and in connection with the Licensee’s use of the Software and otherwise in connection with this Agreement.  All such data and information will be collected and used by the Licensor in accordance with the Licensor’s Privacy Policy which you acknowledge. You may disable data collection by the Software through the settings in the Software, and you are not required to provide certain data in order to use the Software.

Variation of Terms

The Licensor reserves the right to amend these terms from time to time without notice to you and you will be subject to the terms in force at the time you purchase the licence for the Software.


  • Without prejudice to any other rights, the Licensor may terminate this Agreement immediately and without further notice if you fail to comply with the Terms of this Agreement.
  • Upon termination of this Agreement: (i) the Software licenses granted under this  Agreement shall immediately terminate and the Licensee shall cease to use the Software; (ii)  the Licensee shall pay the Licensor the full amount of any outstanding fees due hereunder unless breach is caused by the Licensor; and (iii) within ten (10) calendar days of such termination, each party shall destroy all confidential and/or proprietary information of the other party in its  possession, and will not make or retain any copies of such information in any form, except that the receiving party may retain one (1) archival copy of such information, excluding the Software, solely for purposes of ensuring compliance with this Agreement.

No financial or investment advice

  • The Software is a tool for users to learn about investment and providing general investment information.  This information may be used for financial or business purposes, but the Software is not an investment or financial advice tool, and the Licensor is not an investment or financial advisor or a qualified educator.  the Licensor is not licensed by the Australian Prudential Regulatory Authority or any other authority that licenses advisers. No content constitutes a recommendation to enter in any securities transactions or to engage in any of the investment strategies presented in or obtained via the Software. We do not provide personalised recommendations or views as to whether any investment approach is suited to the financial needs of a specific individual.
  • Where we present investment ideas, the ideas should only be treated as candidates for your further research.  The Software relies on the user deciding if it is appropriate for their circumstances, familiarising themselves with use of the Software, correct data entry, and correct data interpretation.

General provisions

  • Any provision of, or the application of any provision of this Agreement, which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.
  • Any provision of, or the application of any provision of this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.
  • The failure, delay, relaxation or indulgence on the part of a part in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right, or remedy.
  • This Agreement contains the entire Agreement between the Parties and supersedes any previous understandings, commitments or agreements, oral or written.
  • If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.
  • This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to the United Nations Convention on the International Sale of Goods.  The parties submit to the exclusive jurisdiction of the courts of New South Wales and of the Commonwealth of Australia.