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”).
End User License Agreement
CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS END USER LICENCE AGREEMENT (THIS “AGREEMENT”). BY AGREEING TO AN ORDER FORM INCORPORATING THIS AGREEMENT, CLICKING “I ACCEPT”, “CREATE”; PROCEEDING WITH THE USE OF THE SOFTWARE, YOU, AS AN AUTHORISED REPRESENTATIVE OF YOUR COMPANY ON WHOSE BEHALF YOU INSTALL AND/OR USE THE SOFTWARE (“LICENSEE”), ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE THE SUBSCRIPTION START DATE SET ON THE ORDER FORM (IF APPLICABLE), THE TRIAL START DATE WHERE THE SOFTWARE IS ACCESSED ON A TRIAL BASIS OR THE DATE THAT YOU FIRST USE THE SOFTWARE (“EFFECTIVE DATE”).
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
- 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.
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.
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.
- 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.
In this policy, “PDS”, “Property Development System”, “Lead Developer”, "us", "we", “Company” or "our" means My Property Education Pty Ltd as Trustee for My Property Education Trust trading as Lead Developer ABN 13 577 507 986, Majestic 1 Pty Ltd as Trustee for Majestic 1 Trust ABN: 80 254 345 217 and/or yBoo Pty Ltd as trustee for yBoo Unit Trust trading as Lead Capital Australia ABN: 22 407 650 082.
We are firmly committed to privacy and comply with the applicable Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (“the Act”).
The protection of your privacy is very important and we have adopted the following practices to safeguard the confidentiality of your personal information.
The policy also applies to any software that refers to this policy or any other place where you provide us with your personal information.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Account means a unique account created for You to access our Service or parts of our Service.
For the purpose of the GDPR, the Company is the Data Controller.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Country refers to: Victoria, Australia
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Facebook Fan Page is a public profile named Property Development System specifically created by the Company on the Facebook social network, accessible from https://www.facebook.com/PropertyDevelopmentSystem
Personal Data/Information is any information that relates to an identified or identifiable individual. When used in this policy, the term “personal information” has the meaning given to it in the Act or, for residents of the European Union, in the GDPR. In general terms, it is any information that can be used to personally identify you. This may include (but is not limited to) your name, age, gender, postcode and contact details (including phone numbers and email addresses). If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website(s) refers to all websites owned and operated by Property Development System | Lead Developer, accessible from:
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types Of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
- Credit Card Information
- Or Other details to help you with your experience
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Information From Third-Party Social Media Services
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.
Tracking Technologies And Cookies
Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: What Are Cookies?.
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new pages, features or new functionality of the Website to see how our users react to them.
Use Of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
To deliver targeted advertising to You: We may use Your information to develop and display content and advertising (and work with third-party vendors who do so) tailored to Your interests and/or location and to measure its effectiveness.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to advertise on third party websites to You after You visited our Service, for payment processing, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention Of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer Of Your Personal Data
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure Of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other Legal Requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security Of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially reasonable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
We may use third-party Service providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.
We may use Email Marketing Service Providers to manage and send emails to You.
We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors).
These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies and to enable Us to:
Measure and analyze traffic and browsing activity on Our Service
Show advertisements for our products and/or services to You on third-party websites or apps
Measure and analyze the performance of Our advertising campaigns
Some of these third-party vendors may use non-cookie technologies that may not be impacted by browser settings that block cookies. Your browser may not permit You to block such technologies. You can use the following third-party tools to decline the collection and use of information for the purpose of serving You interest-based advertising:
The NAI's opt-out platform: http://www.networkadvertising.org/choices/
The EDAA's opt-out platform http://www.youronlinechoices.com/
The DAA's opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
You may opt-out of all personalized advertising by enabling privacy features on Your mobile device such as Limit Ad Tracking (iOS) and Opt Out of Ads Personalization (Android). See Your mobile device Help system for more information.
The third-party vendors We use are:
Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Bing Ads Remarketing
Bing Ads remarketing service is provided by Microsoft Inc.
You can opt-out of Bing Ads interest-based ads by following their instructions: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Twitter remarketing service is provided by Twitter Inc.
You can opt-out from Twitter's interest-based ads by following their instructions: https://support.twitter.com/articles/20170405
Facebook remarketing service is provided by Facebook Inc.
You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/516147308587266
To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance.
This section applies only if you are a resident of the European Union.
Legal Basis For Processing Personal Data Under GDPR
We may process Personal Data under the following conditions:
Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights Under The GDPR
Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
Request correction of the Personal Data that We hold about You. You have the right to to have any incomplete or inaccurate information We hold about You corrected.
Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
Exercising Of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.
Facebook Fan Page
Data Controller For The Facebook Fan Page
The Company is the Data Controller of Your Personal Data collected while using the Service. As operator of the Facebook Fan Page https://www.facebook.com/PropertyDevelopmentSystem, the Company and the operator of the social network Facebook are Joint Controllers.
The Company has entered into agreements with Facebook that define the terms for use of the Facebook Fan Page, among other things. These terms are mostly based on the Facebook Terms of Service: https://www.facebook.com/terms.php
We use the Facebook Insights function in connection with the operation of the Facebook Fan Page and on the basis of the GDPR, in order to obtain anonymized statistical data about Our users.
For this purpose, Facebook places a Cookie on the device of the user visiting Our Facebook Fan Page. Each Cookie contains a unique identifier code and remains active for a period of two years, except when it is deleted before the end of this period.
Facebook receives, records and processes the information stored in the Cookie, especially when the user visits the Facebook services, services that are provided by other members of the Facebook Fan Page and services by other companies that use Facebook services.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
By email: [email protected]
By visiting our Contact Us page.
Terms & Conditions
These terms and conditions govern your use of the Websites and Services (including the licensing of software) and the sale of any goods or services made by us to you via the Websites.
1. DEFINITIONS AND INTERPRETATION
a) “ACL” means the Australia Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010.
b) “Your”, “You” means the individual or legal entity accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
c) “Contract” means the contract between PDS and the Customer for the sale and purchase of Services or licence of software.
d) “Customer”, "Your", "You" means the entity that has bought or agreed to buy the Services from PDS.
e) “PDS” means:
If you are purchasing Services; obtaining a licence to the Lead Developer suite of software products or browsing any of the following websites and their subdomains:
My Property Education Pty Ltd as trustee for My Property Education Trust trading as Lead Developer (ABN 13 577 507 986)
If you are using our Lead Capital service or browsing any of the following websites and their subdomains:
yBoo Pty Ltd as trustee for yBoo Unit Trust trading as Lead Capital Australia ABN: 22 407 650 082
For any other activity, or where it is uncertain who the contracting party is
My Property Education Pty Ltd as trustee for My Property Education Trust trading as Lead Developer (ABN 13 577 507 986)
f) “Services” means any rights, benefits, privileges, content, facilities, software applications or add-ons that are, or are to be, provided, granted or conferred in trade or commerce from PDS to the Customer and includes software as a service and educational products and training.
g) “Site(s)” or "Website(s)" means the websites used to deliver content created by PDS or its affiliates and licensors, including, but not limited to:
Words importing the singular shall be deemed to include the plural and vice-versa. Words importing the male gender shall be deemed to include the female and non-binary general and vice-versa.
a) The Customer acknowledges that it has read, understood and agrees to be bound by these Terms and Conditions (Terms and Conditions), which are deemed to be incorporated into each Contract.
b) The person who accepts these Terms and Conditions, for and on behalf of the Customer, personally acknowledges that he or she has read, understood and agrees to be personally bound by these Terms and Conditions, which are deemed to be incorporated into each and every Contract and that they have the authority to bind the Customer.
c) These Terms and Conditions apply to all Services provided, granted or conferred by PDS to the Customer. They supersede and prevail over all other conditions and agreements between the parties, including any of the Customer’s terms of trade.
d) PDS may amend these Terms and Conditions from time to time, and such amendments shall be effective immediately upon posting the amended terms on the Site. By continuing to use the Site or the Services, the Customer is deemed to have consented to the amendments.
e) Where the Customer is procuring the use of software from PDS, the use of that software is subject to the Customer agreeing to the terms of the End User Licence Agreement (EULA) between the Customer and the software developer. That EULA is available at https://leaddeveloper.com/legal-terms/ or will be otherwise made available to the Customer.
a) An order for Services constitutes an offer to purchase the Services by the Customer subject to these Terms and Conditions.
b) Orders accepted by PDS may not be cancelled or altered in whole or in part without PDS’s written consent.
4. PRICING AND PAYMENT
a) PDS reserves the right to change prices without notice to the Customer, however no price change shall be applied retrospectively and the Customer may terminate its use of the Services if it does not agree with the new price.
b) The Customer must pay PDS for the Services in accordance with the payment plan or invoice provided by PDS to the Customer.
c) The time for payment of any amount owed to PDS by the Customer shall be as stated in any applicable invoice or agreed payment plan, the time of which shall be the essence.
d) PDS may treat any default by the Customer in respect of payment any amount payable as:
repudiation of the Contract by the Customer which the Provider may immediately accept and rely upon to terminate the Contract; or
a breach of the Terms and Condition whereupon PDS may in its absolute discretion without further notice to the Customer suspend delivery of the Services the subject of the Contract and any Services the subject of any other Contract with the Customer until payment in full of the amount of the invoice without incurring any liability whatsoever to the Customer in respect thereof.
e) In the event that PDS terminates the Contract in accordance with clause 4(d), PDS may charge interest on any overdue amount at a rate of 15% per annum, calculated and payable daily, compounded from the due date until the invoice is paid in full.
f) The Customer must pay all costs and expenses including legal costs determined as between solicitor/client and debt collection fees which may be incurred by PDS in the recovery of any overdue amounts owing by the Customer.
a) Any time for the delivery of the Services provided by PDS is an estimate only and not a guarantee of delivery by that time.
6. WARRANTIES AND LIABILITY
a) Our services come with guarantees under the Australian Consumer Law that they will be provided with due care and skill; they will be reasonably fit for the specified purpose; they can reasonably be expected to achieve the desired result; and they will be provided within a reasonable time. If we fail to meet any of these guarantees, you have rights under the Australian Consumer Law.
b) Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law).
This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions are intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).
c) PDS warrants to the Customer that the Services:
Have been, or will be, provided, granted or conferred with due care and skill or technical knowledge;
Are, or will be, delivered within a reasonable time.
d) The customer shall immediately notify PDS in writing if the Services do not meet any one or more of the above warranties.
e) Except as expressly set out in these Terms and Conditions and as required by the ACL, PDS makes no warranties or other representations to the Customer and PDS’ liability in respect of any warranties, representations, undertakings and guarantees is limited to the fullest extent permitted by law.
f) SUBJECT TO THE ABOVE WARRANTIES AND THE ABOVE PROVISO REGARDING NON-EXCLUDABLE TERMS, THE SOFTWARE, SERVICES AND WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE NEITHER MAKE NOR APPROVE THE MAKING OF ANY WARRANTY OR REPRESENTATION THAT THE SOFTWARE, SERVICES OR WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE OR WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE. YOU ARE RESPONSIBLE FOR ENSURING THAT THE SOFTWARE, SERVICES AND WEBSITES WILL SATISFY YOUR REQUIREMENTS AND THAT YOU WILL SEEK INDEPENDENT PROFESSIONAL ADVICE REGARDING THE USE OF ANY MATERIALS SOFTWARE, SERVICES AND WEBSITES PRIOR TO PUTTING ANY MATERIALS INTO ACTION OR USING ANY MATERIAL FOR ANY KIND OF DECISION MAKING.
g) If circumstances arise where you are entitled to claim damages from us or any other party involved in the supply, support and maintenance of the Software, Services or Websites then notwithstanding the other provisions of these Terms and Conditions, our liability (and the liability of any other relevant party) to you for the aggregate of all such claims (regardless of the basis on which you are entitled to claim including, without limitation, negligence) is limited to the lesser of: (a) the amount of any actual direct loss or damage which you sustain; (b) the amount of the Contract most recently paid by you; and (c) our cost of redelivering the Services to you. We are not liable for losses or damages of third parties claimed against you caused by our negligence. In no event will we be liable for actual or anticipated lost profits, lost savings, lost or damaged data or any incidental or consequential damages even if we have been advised of the possibility of such damages.
7. CONTINUOUS SUBSCRIPTION/AUTOMATIC BILLING
a) Unless otherwise provided, online access to the Services and any subscription-only areas of the Websites is provided on an automatically renewing subscription basis.
b) WHERE YOUR PDS SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR SUBSCRIPTION TERM IDENTIFIED IN YOUR ORDERING DOCUMENT FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THE INITIAL SUBSCRIPTION TERM (EACH A “SUBSCRIPTION TERM”) UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION TO THE RELEVANT PDS PRODUCT, COURSE, APPLICATION OR ADD-ON IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN CLAUSE 8 OF THESE TERMS AND CONDITIONS.
c) You acknowledge and agree that the amount billed may vary due to promotional offers, changes in your subscription plan, changes in applicable taxes, and changes in fees and you authorise PDS to charge your payment method for the changed amounts.
d) Payment plan automatic billing - if your credit card payment is declined during your payment plan, you will have two weeks to rectify the payment and or update your credit card details by visiting https://get.leaddeveloper.com/updateinfo/. After this period your account will be suspended and your access to all courses and or feasibility applications will be revoked. An administrative fee of USD $50 will apply to reinstate your account once it is in suspension which is charged as a reasonable estimate of the administrative expense we will incur to reinstate your account.
8. CANCELLATION AND REFUNDS
a) Managing and cancelling your subscription is your responsibility. Due to technical reasons, this can only be controlled by the subscriber.
b) Account cancellation takes effect immediately rather than at your next renewal date or at the end of your trial. Due to various third party systems integrating with each other, technically there is no way for us to continue providing access to our membership levels and associated feasibility applications after you have cancelled your subscription, even though there is still time available on your subscription or trial. Once you cancel your Subscription, your access to the associated membership level and the feasibility applications are revoked immediately.
c) You may cancel your PDS Account or subscription to any product, Service, software or membership level by visiting https://get.leaddeveloper.com/updateinfo/ or the link at the bottom of your invoice. Detailed instructions on how to manage your subscription are available within our courses area.
d) There will be no refunds or credits for partial months of service or for periods in which your Subscription remains unused. For renewal purposes, if you have not cancelled your subscription and your credit card is subsequently charged, you will not receive a refund.
e) In the event that PDS suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any PDS Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
f) Should PDS decide to issue a refund, at its sole discretion, a processing fee of USD$30 & a transaction fee charged to PDS by its payment processor (e.g Stripe) will be deducted from the total refundable amount.
9. USE OF THE SITES AND THIRD PARTY ONLINE PLATFORMS
a) To use the Services, the Customer will be provided with a login username and password. The Customer is responsible for the security and use of the password and username.
b) Your password and username must be kept confidential at all times and not disclosed to anyone.
c) The Customer must notify PDS immediately if he or she reasonably believes that the password is in another person’s possession, it may be used in an unauthorised way or is otherwise compromised.
d) PDS accepts no responsibility or liability for any unauthorised or improper use of any password.
e) If PDS allows the Customer to post any information to the Sites or social pages/groups created by PDS or its affiliates or licensors on third party platforms, PDS has the right to take down this information at its sole discretion and without notice.
f) The Sites may contain links to websites operated by third parties. PDS accepts no responsibility for, or liability in respect of, the content of third party websites. Those links are provided for convenience and may not be current or maintained. Unless expressly stated otherwise, PDS does not endorse and is not responsible for the content on those linked websites and has no control over or rights in the linked websites. The use of any such link is entirely at the Customers own risk.
a) If the Customer engages in any act that PDS deems inappropriate or is otherwise unlawful or prohibited by any laws applicable to the Site or otherwise, PDS may suspend, disable or terminate the Contract without refund to the Customer.
b) For the purposes of Clause 10(a), an inappropriate act includes but is not limited to:
any act that would constitute a breach of the privacy or any other of the legal rights of individuals;
using this Site to defame or libel PDS or other individuals;
uploading files that contain viruses or other similarly harmful code that may cause damage;
posting or transmitting to the Site any non-authorised material including, but not limited to, material that is likely to cause annoyance, or which is defamatory, racist, obscene, threatening or otherwise detrimental to or in violation of PDS’ systems or a third party's systems or network security.
PDS may terminate any Contract where the Subscriber is in breach of these Terms and Conditions and such breach is either incapable of remedy (in the opinion of PDS) or has gone unremedied for a period of 15 days.
PDS may terminate any Contract without any reason by providing 15 days’ notice in writing to the Subscriber. In the event of such termination, PDS’ sole liability shall be to reimburse Subscriber on a pro-rated basis for any payments made in advance for the terminated portion of the Contract.
a) PDS does not provide legal, taxation, financial or other professional advice.
b) Unless otherwise stated, any numbers or figures used or representations made by PDS are an estimate and/or for illustrative and educational purposes only, and should not be used or relied upon by the Customer.
c) PDS does not promise or guarantee that the Services or use of the Software will result in the Customer increasing his or her income, or making a profit in any way, shape or form, and does not promise any specific results or any results at all from the Services or use of the Software. PDS does not provide investment advice, and independent advice should be obtained prior to making investment decisions.
12. INTELLECTUAL PROPERTY RIGHTS
a) Unless otherwise indicated, PDS owns or licenses from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Sites, Software and any material provided as a component of the Services (including all text, graphics, logos and audio) (Content).
b) Nothing in these Terms and Conditions or a Contract grants or transfers any rights, title or interest to the Customer relation to the Sites, Software or the Content.
c) PDS grants the Customer a limited, personal, non-transferable and revocable license to use the Content and view the Sites for its own professional and educational purposes.
d) Any reproduction or redistribution of the Site or Content is expressly prohibited and may result in civil and criminal penalties.
e) In the event that a Customer or Consumer reproduces or redistributes the Site or the Content, PDS reserves the right to block the Customer or Consumer’s access to the Site and the Content, and suspend or cancel the Services to that Customer, or terminate the relevant Contract and no funds will be refunded to the Customer.
f) All other use, copying or reproduction of the Sites, Content or any part of it is prohibited, except to the extent permitted by law.
13.1 YOUR CONTENT PDS does not claim ownership of Your Content. However, when you as a User posts or publish Your Content on or in sites owned by PDS, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
13.2 LICENSE TO YOUR CONTENT You grant PDS a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub-licensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing PDS Sites to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” or community area of PDS sites. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not PDS, are responsible for all of Your Content that you Make Available on PDS sites.
15. GOVERNING LAW
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.
I don’t believe in “get rich programs” – only in hard work, adding value and education.
My systems and property development/investment training programs are intended to help you plan more thoroughly and navigate the inherent complexities of property development/investment more effectively.
I cannot and do not make any guarantees about your ability to profit from my coaching and or courses. Profitable property development projects require hard work and dedication.
My content and courses are designed to highlight important aspects of the process that you may have otherwise overlooked or misinterpreted. Nothing on this page or any of my websites is a promise or guarantee of results or future earnings, and I do not offer any legal, tax or other professional advice.
Any financial numbers referenced here, or on any of my websites, are simply estimates or projections, and should not be considered exact, actual or as a promise of potential earnings — all numbers are illustrative only unless specifically stated otherwise.
In fact, the average person who purchases this and other programs never puts the work into implementing the strategies taught and therefore achieves little to no results. I feel transparency is important and I hold myself (and you) to a high standard of integrity.
Refunds only apply to courses, programs and tools specifically advertised with a money-back guarantee. Money back guarantee does not apply to any courses, subscription programs, lifetime deals or software applications where it has not been advertised or where a trial has been made available. For more information, please read our Terms and Conditions & End User License Agreement.
If you have signed up for a program, course or application which advertised money back guarantee and you are not satisfied with any aspect of the program, course or application, please email [email protected] and ask for your money back within the advertised period.
Due to the nature of the information and tools provided, refunds are NOT applicable to one-on-one or group coaching programs, financial feasibility applications, Google Sheet add-ons and where the money back guarantee has not been advertised.
If you have any concerns about a one-on-one or group coaching program you have invested in, please speak with me directly and I will do my best to rectify your concerns and come to a mutual solution.