Membership Terms and Conditions

The Freedom Group provides membership benefits to individuals who join a community of property investors.

Seminars and various membership services are provided by Freedom Wealth Creation Pty Ltd T/A Freedom Property Investors (ABN 17 602 514 670) of Level 12, 201 Kent Street, Sydney, NSW 2000. Other services are provided by its Related Bodies Corporate (referred to as the Group within these Terms). Freedom Wealth Creation Pty Ltd is referred to as “the Company”. “we”, “our” or “us” in these Terms shall mean the Company or the Group as the context requires. A member is referred to as you or “the Member” in these Terms.

Membership Benefits

We provide seminars, events, presentations, webinars and workshops to our members as more fully described in clause 5 together with strategic property portfolio plans and access to exclusively negotiated property deals and other property and finance related services provided by us or by other companies within the Group.

Membership Application, Confirmation, member bonuses and other conditions

(2.1) Membership Application

By applying for Freedom Membership, you agree to be bound by these Terms and our Privacy Policy. You must submit a Fact Find Form and pay a Membership Fee as specified from time to time.

Eligibility for Freedom Membership is subject to our confirmation of your completed membership application information and our receipt of your payment of the Membership Fee.

(2.2) Confirmation of Application

Once the application is submitted, your application will be reviewed by us. We will confirm the receipt of your application by email to you and schedule an onboarding call appointment with you.

You warrant that all information provided to us is true, correct and complete, and you agree to make declarations about certain matters as required. You must promptly notify us of any material changes to your circumstances or information provided. While we will exercise reasonable care in providing Services based on your information, except to the extent prohibited by law (including the Australian Consumer Law), we exclude all liability Where such liability cannot be excluded, to the maximum extent permitted by law, our liability is limited to resupplying the services or paying the cost of having the services resupplied. for any loss or damage caused by incorrect or inaccurate information provided by you.

During the onboarding call, we will seek to verify all information in your Fact Find Form. If complete verification cannot be achieved during the initial call, we may schedule subsequent calls as necessary. You acknowledge that providing accurate and complete information is your responsibility, and any services provided based on incomplete or inaccurate information may be ineffective or inappropriate for your circumstances.

Upon confirmation of all the information you have provided, we will then determine your suitability to become a Freedom Member in our sole and absolute discretion.

(2.3) Membership and Renewal

Once accepted, your Freedom Membership is valid as long as Freedom is operational (Lifetime Membership), commencing from the date of the payment confirmation, subject to clause 2.5.

Cancellation of Membership

(2.4) You may cancel your Freedom Membership by notice to us at contactus@freedompropertyinvestors.com.au within 60 days of your payment confirmation.

(2.5) Freedom Wealth Creation Pty Ltd reserves the right to cancel your Freedom Membership on the giving of written notice, with immediate effect if you breach these Terms or if you engage in conduct that is unlawful or in our reasonable opinion detrimental to our legitimate business interests. Upon cancellation, you will cease to have access to all membership benefits.

(2.6) Member Bonuses

Members may be entitled, in our sole discretion, to certain bonuses from time to time. These bonuses are only applicable to your first property purchase and may include:

Upon receipt of evidence of payment and subject to our discretion, reimbursement of legal fees up to $1,500 (including GST) incurred in relation to a property purchase if you use our recommended solicitor. Any payments to you will be payable at settlement of the purchase and only after Freedom Property receives its commission in respect of your property purchase.

Preparation of a depreciation schedule at no cost to you, representing $600 value.

(2.7) Other Conditions

By applying for Freedom Membership you are asking us to accept your application based on the information provided in the Fact Find Form.

You authorize the use and disclosure of the information provided by you for the purpose of preparing a Property Portfolio Plan and for the provision of any further advisory services provided by the Group, in accordance with our Privacy Policy and applicable privacy laws. You consent to the disclosure and use of this information by associated organizations, businesses and partners as reasonably necessary for the creation of a Property Portfolio Plan and delivery of services. We will handle your personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

You agree that the Property Portfolio Plan and any associated property information is provided for general information purposes only, will be based solely on the information provided by you, and that you have an ongoing obligation to immediately notify us of any changes to your circumstances. You acknowledge that any failure to provide updated information may render the plan inappropriate or ineffective, and the Company bears no liability for outcomes based on outdated or incorrect information.

Nothing in these Terms or in our communications with you constitutes personal financial product advice or a recommendation to purchase any financial product. We are not licensed to provide financial product advice under the Corporations Act 2001 (Cth). Any information provided is general in nature only and does not take into account your personal circumstances, objectives or needs.  You acknowledge that the Company is not a licensed financial advisor or licensed tax or finance specialist and that you should seek your own independent financial advice and/or taxation advice before making any investment decision. While your membership gives you access to licensed professionals within the Group, you acknowledge that you should independently verify any advice received.

You acknowledge and understand that a Property Portfolio Plan is comprised of a series of projections based on assumptions. You acknowledge that projections and assumptions will be based on past performance and/or forecast numbers chosen by You. You further understand that past performance is not a guarantee of future performance. You recognise and acknowledge that we may be paid commissions on services we provide to you including but not limited to property sales and provision of finance.

You agree that if you wilfully or recklessly provide misleading or false information to us, or if you proceed with a property purchase and complete the signing of an EOI, you forfeit your right to any refund, including under the “60-day 100% risk free guarantee”. You acknowledge that this forfeiture clause applies only to the extent permitted by law and does not affect any non-excludable statutory guarantees under the Australian Consumer Law.

(2.8) Non-disparagement

The parties agree that they will not make or publish any adverse, disparaging or other comments that are intended to, or have the effect of bringing the other party into disrepute.

You agree not to make, publish, cause to be published, encourage others to make or publish, or otherwise participate in any false, misleading, derogatory, defamatory, maliciously disparaging or negative statements, comments, reviews, or communications in any form or medium (including but not limited to social media platforms, websites, blogs, print media, radio, television or any other public forum) about us our Related Bodies Corporate, directors, officers, employees, contractors, partners, products, services, or business practices. This obligation includes refraining from any conduct that would damage or impair the reputation, goodwill, or standing of the Company in the marketplace or community. You acknowledge that any breach of this provision would cause irreparable harm to the Company and that monetary damages alone would be an inadequate remedy. In the event of such breach, the Company shall be entitled to seek injunctive relief and other equitable remedies, in addition to any other remedies available at law.

Strategy Sessions and Finance Confirmation

Strategy Sessions

(3.1) Once you receive your Freedom Membership, we will assess your qualifications and capacities. Depending on your readiness to purchase a property, we will schedule a strategy session with you.

(3.2) Generally, in the strategy session:

you will confirm your information and advise your preference; and

we will design a portfolio plan for you.

(3.3) Your member onboarding specialist and/or property strategist will request personal information and documents for the purpose of completing your Property Portfolio Plan. While this information may later be used for finance applications with your consent, the initial collection is solely for portfolio planning purposes. In order to complete your Property Portfolio Plan, you expressly consent to and authorize your property strategist to share your personal information and documents with companies within the Freedom Group of companies, their successors and assigns, including but not limited to:

Freedom Wealth Creation Pty Ltd (ABN 17 602 514 670)

Freedom Investors Pty Ltd (ABN 87 094 020 069)

Freedom Property Finance Pty Ltd (ABN 70 641 818 608)

Freedom Tax & Accounting Pty Ltd (ABN 50 641 819 712); and,

Freedom Mortgage Planning Pty Ltd (ABN 70 648 396 267)

As part of your Property Portfolio Plan, at a future point, an application for finance with Freedom Mortgage Planning Pty Ltd (ABN 70 648 396 267) or Freedom Property Finance Pty Ltd (ABN 70 641 818 608) may be required. If this is the case, you expressly authorize your property strategist to share your personal information and documents with the above listed companies, subject to applicable privacy laws and our Privacy Policy. This authorization remains valid until revoked in writing.

Finance Confirmation

(3.4) A mortgage planner (from our associated company) will assess your financial capacity in the purchase of property. Where applicable, the mortgage planner will provide finance options and refinance proposals.

(3.5) You will provide the required financial information and documents for the mortgage planner’s assessment.

(3.6) I/we irrevocably and unconditionally authorise Freedom Mortgage Planning Pty Ltd (ABN 70 648 396 267) and Freedom Property Finance Pty Ltd (ABN 70 641 818 608), their successors, assigns and their respective authorised personnel to act as an “Access Seeker” within the meaning of section 6L of the Privacy Act 1988 (Cth) and to seek to obtain credit reporting information from a credit reporting body on my/our behalf to assist me/us with determining which credit product is most suitable for me/us and to assist me/us with obtaining credit. 

I/we authorise them to disclose any credit information obtained from the credit reporting body to prospective financiers in connection with my/our finance application.

Property Presentation

(4.1) We will identify and shortlist potential properties for you based on the information you provide. Any property suggestions are provided for your consideration only and do not constitute investment advice or recommendations to purchase. You acknowledge that final property selection decisions are solely your responsibility. our reasonable opinion to determine suitable matches. 

(4.2) We will provide the projected property cash flow information with the presentation of the properties.

(4.3) If interested in the property, you will provide expression of interest (EOI) and pay the holding amount. 

(4.4) We will schedule a mortgage planning session for you with a mortgage planner (from our associated company) and a strategist and provide a loan proposal for the chosen property.

Seminars

Provision of Seminars

(5.1) We provide seminars, events, presentations, webinars and workshops (“Seminars”) for our Members. We may engage promoters, speakers and other third parties in the provision of 4Seminars. Seminars may be provided in person or via the internet.

(5.2) The right to admission to a Seminar is for a Members’ personal use only. You must not transfer or resell your admission to a Seminar to a non-member without our prior consent. You must not use, reproduce, distribute, modify, or create derivative works from any content from the Seminar (including but not limited to photos, videos, recordings, presentations or materials) for any purpose other than your personal, non-commercial use without our prior written consent. All intellectual property rights in the Seminar content remain the exclusive property of the Company.

(5.3) The right to admission to a Seminar is reserved by the Company and the venue provider, who may take health and safety, environmental and security concerns into account at their reasonable discretion and may from time to time carry out security searches. We may reject your 5participation in a Seminar at our sole discretion.

Cancellation of Seminars

(5.4) A Seminar may be cancelled or postponed by us or a venue for a variety of reasons. Venues are also subject to change. As soon as we are notified of any changes we will contact all attendees by email or by phone. 

(5.5) In the event of an event being cancelled or postponed, we will not issue a refund of Membership Fee. We cannot be held responsible for any costs incurred by you for travel, accommodation or any other related service.

Photography and Filming Consent

(5.6) You acknowledge that we may take photographs and film footage of you during the day’s event and may use the photographs and/or film footage our promotional and/or commercial purposes. You agree that filmed/recorded material may be reproduced for those purposes, as film, audio or written quotation. 

(5.7) The photographs and footage will be used by us, our Related Bodies Corporate and our authorized service providers only and will not be released to other external parties without your prior written consent. You agree to release and indemnify us from any liability arising from unauthorized third-party use, reproduction, or distribution of such photographs and/or film footage from our websites, publications, social media platforms or other sources, provided we have taken reasonable steps to protect such content.

Provision of the Services

Standards and duties: We will, in providing the Services, use reasonable commercial endeavours to comply with the standards and duties set out below: 

(Honesty and diligence) be honest and diligent and provide the Services to it to the best of our knowledge and abilities

(Reasonable time) ensure that the Services are fully completed to your reasonable satisfaction within a reasonable time, or on or before the relevant deadline date (if any)

(Standards) at all times maintain reasonable ethical, professional and technical standards

(Privacy) in relation to your Personal Information, comply with the Privacy Act and any guidelines, information sheets and other relevant material issued from time to time by the Office of the Australian Information Commissioner.

Payment

(7.1) Timing of payments:

You must pay the first Membership Fee at the time you submit a Membership application and complete payment instalments on the scheduled due dates by way of credit or debit card.

(7.2) Consideration is inclusive of GST

Unless expressly stated otherwise, any sum payable, or amount used in the calculation of a sum payable, under these Terms has been determined inclusive of GST.

Disclaimer and Risk Warnings

(8.1) Disclaimer

You acknowledge and agree  Past performance is not indicative of future results. You acknowledge that we make no express or implied warranties, promises, suggestions, projections, representations or guarantees whatsoever regarding future prospects or earnings. Any examples of potential returns or earnings are for illustrative purposes only and do not represent guaranteed outcomes. To the maximum extent permitted by law, we expressly disclaim any and all representations about future financial outcomes from using our products and/or services.

(8.2) No Real Estate Agency or Financial Advisor

We are not real estate agents and do not undertake any real estate agent’s duties or responsibilities. 

While we use reasonable endeavours to verify information, all property information (including but not limited to property area, floor size, price, address and general property description) is provided by third parties. We make no representations or warranties, express or implied, regarding the accuracy, completeness, or currency of such information. You acknowledge that you should independently verify all property information before making any investment decisions.

We are not licensed financial advisors under the Corporations Act 2001 (Cth). Any investment or financial information provided by us is general in nature only and does not take into account your personal circumstances, objectives or needs. Such information is not intended as, and shall not be understood or construed as, personal financial advice.

Any mortgage services provided to you by a mortgage planner (through our Related Body Corporate) will be governed by a separate set of terms and conditions. You acknowledge that such services are distinct from the services provided under these Terms.

No warranty regarding Investment Returns

(8.3) We expressly disclaim all liability for any risks associated with investments. You acknowledge and agree that you may experience significant losses (including, but not limited to, the loss of your Membership Fee, any money you spend purchasing any property), and further, that you may have no earnings at all. You accept full responsibility for any investment decisions made based on our services, and agree to indemnify and hold us harmless from any losses, damages, or claims arising from such decisions. 

(8.4) Any earnings or income statements, or any earnings or income examples, are hypothetical illustrations only and do not constitute forecasts or predictions. While such examples may be based on reasonable grounds at the time they are made, you acknowledge that actual results may vary significantly based on numerous factors outside our control. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).

(8.5) There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings are not to be considered as “average earnings”.

(8.6) All forward-looking statements contained herein and in other materials provided by us represent only our opinion regarding potential earnings and do not constitute any guarantee of future results. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material. These factors include:

The Economy. Economic conditions, whether local, national or globale, create inherent uncertainty and risk that may significantly impact investment outcomes. Any economic downturn, recession, depression, market volatility or other adverse economic conditions may negatively affect the results produced by Freedom Group’s products and/or services. You acknowledge that such economic factors are entirely outside our control.

Your Success or Lack of It. Your success in using the information or strategies provided by us depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. We do not guarantee or imply that you will achieve any particular level of financial success or earnings (whether monetary or advertising credits, whether convertible to cash or not). Past performance is not indicative of future results.

Internet businesses. Internet businesses and earnings derived therefrom involve unknown risks and are not suitable for everyone. Any information presented on the website or otherwise provided by Us is for general information purposes only and does not constitute financial or investment advice. We are not licensed to provide financial product advice under the Corporations Act 2001 (Cth). You acknowledge and understand that you can experience significant losses (including, but not limited to, the loss of any monies paid to Us, and/or any monies spent setting up, operating, and/or marketing our products and/or services, and further, that you may have no earnings at all (whether monetary or advertising credits, whether convertible to cash or not); and,

Due Diligence. You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You must obtain independent professional advice from your accountant, lawyer, financial advisor or buyer’s agent before acting on any information provided by us. You may not consider any examples, documents, or other content provided by us to be the equivalent of professional advice. You should consult with your own accountant, lawyer, professional advisor, or buyer’s agent for any questions you may have. We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by us in any form whatsoever.

Forward Looking Statements

(9.1) Forward-looking statements provided in any form by Us, including statements regarding future plans and objectives, inherently involve risks and uncertainties. Such statements can be identified by words such as "anticipate”, “believe”, “could”, “estimate”, “expect”, “future”, “intend”, “may”, “opportunity”, “plan”, “potential”, “project”, “seek”, “will” and similar terms. No such statements constitute a guarantee of future performance or outcomes. Past performance should not be relied upon as an indicator of future results.

(9.2) These statements are based on an assessment of present economic and operating conditions, and on a number of assumptions regarding future events and actions that are expected to take place. Such forward-looking statements are not guarantees of future performance and involve known and unknown risks, uncertainties, assumptions and other important factors, many of which are beyond our control and the control of our directors and management that could cause actual results to differ materially from the results expressed or anticipated in these statements.

(9.3) We cannot and do not give any assurance that the results, performance or achievements expressed or implied by the forward-looking statements will actually occur and you are cautioned not to place undue reliance on these forward-looking statements. We do not undertake to update or revise forward-looking statements, or to publish prospective financial information in the future, regardless of whether new information, future events or any other factors affect the information except where required by applicable law.

Non-disparagement

(10.1) Subject to clause 10.2, you must not, at any time during or after the term of this agreement:

make, express, transmit, speak, write, verbalise or otherwise communicate in any way (directly or indirectly, in any capacity or manner) any remark, comment, message, information, declaration, communication or other statement of any kind (whether verbal, in writing, electronically transferred, posted on social media or otherwise) that might reasonably be construed to be critical of, or derogatory or negative towards us, our Related Bodies Corporate, or Representatives, our products, services, methodologies, or business practices; or

cause, further, assist, solicit, encourage or knowingly permit any other person to do so, or support or participate in any other person doing so. You must take all reasonable steps to prevent your Representatives, family members, friends, associates and any other person under your influence or control from doing so. You acknowledge and agree that any breach of this clause would cause us immediate and irreparable harm for which monetary damages alone would be an inadequate remedy, and that we shall be entitled to immediate injunctive relief.

(10.2) Clause 10.1 shall not prohibit any party from making any statement or disclosure as required by law or court order, provided that such party must:

promptly notify the other party in writing in advance of any such statement or disclosure, if reasonably practicable; and

reasonably assist the other party in obtaining confidential treatment for, or avoiding or minimising the dissemination of, such statement or disclosure to the extent reasonably requested by any party.

Your Personal Information

(11.1) In order to deliver the services you require, and subject to applicable privacy laws and regulations, including the Privacy Act 1988 (Cth) and Australian Privacy Principles, we may share your personal information with companies within the Freedom Group of companies (who will be bound by equivalent confidentiality obligations) including but not limited to:

Freedom Wealth Creation Pty Ltd (ABN 17 602 514 670)

Freedom Investors Pty Ltd (ABN 87 094 020 069)

Freedom Property Finance Pty Ltd (ABN 70 641 818 608); and,

Freedom Tax & Accounting Pty Ltd (ABN 50 641 819 712).

Intellectual Property

(12.1) Intellectual Property

The parties agree that all Relevant IP will be owned exclusively by, and automatically vest in, the relevant company within the Freedom Group immediately upon creation, without the need for any further action or documentation.

(12.2) Assignment

You hereby irrevocably assign, transfer and convey to Us all current and future right, title and interest in all Relevant IP and acknowledge that all future Relevant IP will vest in Us immediately upon creation.

(12.3) Member’s duty to assist the Company

You must do anything necessary, including executing any documents, for the purpose of effecting, perfecting and/or protecting Our title to any Relevant IP, in Australia or in other countries as the Company may require at its discretion.

(12.4) Permitted use

You may not use or reproduce any Relevant IP or any of our other Intellectual Property Rights or any intellectual property of Our customers, clients or suppliers without our prior written approval, except as strictly necessary in the performance of your duties under these Terms.

(12.5) Moral rights: You consent to us and any of our employees, officers, contractors, agents, licensees or assigns doing any acts, or making of any omissions, that infringes your Moral Rights in any Works that constitute Relevant IP, including:

not naming you as the author of a Work; or

amending or modifying (whether by changing, adding to or deleting/removing) any part of a Work but only if you are not named as the author of the amended or modified Work; and, 

you acknowledge that your consent pursuant to this clause 12.5 is genuinely given without duress of any kind and that you have been given the opportunity to seek legal advice on the effect of giving that consent.

Liability and remedies

(13.1) Limitation of liability: To the maximum extent permitted by law, the Company, its Related Bodies Corporate and their Representatives expressly:

(Disclaimer of warranties) disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to the Services to the maximum extent permitted by law, including under the Competition and Consumer Act 2010 (Cth), except for those guarantees, conditions and warranties that cannot be excluded under applicable law, including any implied warranty of merchantability, fitness for a particular purpose or noninfringement. Without limitation to the foregoing, the Company its Related Bodies Corporate and their Representatives make no representation, and provide no warranty or guarantee, that:

You will achieve any particular results from the provision of the Services

Any particular individuals will perform the Services on behalf of the Company; or

The Services will be:

compatible with any particular hardware, software, systems or data

error-free or that errors or defects will be corrected; or

meet your requirements or expectations.

(Limitation of liability) we limit our aggregate liability in respect of any and all Claims for any Losses that you or your representatives may bring against us under these Terms or otherwise in respect of the Services to the following remedies (the choice of which is to be at the Company’s sole and absolute discretion):

re-supply of the Services;

payment of the costs of supply of the Services by a third party; or

the refund of any amounts paid by you to the Company under these Terms in respect to the Services,

even if the Company has been advised of the possibility of such Losses, and you acknowledge and agree that We hold the benefit of this clause 13.1 for each Company within the Group and as agent and trustee for and on behalf of each of its Representatives.

(13.3) Remedies for breach

(a) any breach or threatened breach by you would result in irreparable harm to Us for which monetary damages alone would be an inadequate remedy; (b) in the event of any such breach or threatened breach, We may, in addition to all other remedies available at law or in equity, obtain immediate injunctive relief and recover reasonable attorneys' fees and costs; (c) you acknowledge and agree that We shall be entitled to immediate injunctive relief restraining any further breach by you and other equitable relief without the necessity of showing actual damage and without any security being required.

General

(14.1) Further assurances

Each party must (at its own expense, unless otherwise provided in these Terms) promptly execute and deliver all such documents, and do all such things, as any other party may from time to time reasonably require for the purpose of giving full effect to these Terms.

(14.2) Severability

If a provision of these Terms is invalid or unenforceable in a jurisdiction:

it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability; and

that fact does not affect the validity or enforceability of that provision in another jurisdiction, or the remaining provisions.

(14.3) No waiver

No failure, delay, relaxation or indulgence by a party in exercising any power or right conferred upon it under these Terms will operate as a waiver of that power or right. No single or partial exercise of any power or right precludes any other or future exercise of it, or the exercise of any other power or right under these Terms. Any waiver must be in writing and signed by the party granting the waiver.

(14.4) Assignment

You must not assign or otherwise transfer, create any charge, trust or other interest in, or otherwise deal in any other way with, any of your rights under these Terms without our prior written consent. We may assign, transfer, novate or otherwise deal with our rights and obligations under these Terms to any of our Related Bodies Corporate, to any successor in interest to our business, or to any purchaser of all or substantially all of our assets without your consent.

(14.5) Governing law and jurisdiction

These Terms and any disputes or claims arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) are governed by, and shall be construed in accordance with, the laws of New South Wales, Australia, including any applicable Commonwealth laws.

The parties irrevocably agree that the courts of New South Wales, Australia have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Terms or its subject matter or formation (including non-contractual disputes or claims).

(14.6) Force majeure

To the maximum extent permitted by law, the Company, its Related Bodies Corporate and their Representatives expressly exclude liability for any damage, loss and/or delay in the performance of any obligation under these Terms where such damage, loss or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemic, epidemic, government actions, industrial disputes, technological failures, cyber attacks, supply chain disruptions, market volatility, and changes in laws or regulations. We shall be entitled to a reasonable extension of time for the performance of such obligations, and you acknowledge and agree that the Company holds the benefit of this clause 14.6 for itself and as agent and trustee for and on behalf of each of its Related Bodies Corporate and their Representatives.

 

Definitions and interpretation

(15.1) Definitions

The following definitions apply in these Terms unless the context requires otherwise:

Business Day means a weekday that is not a public holiday in Sydney, New South Wales.
Copyright Act means the Copyright Act 1968 (Cth).

Corporations Act means the Corporations Act 2001 (Cth).

Disparaging Statement means any statement, comment, remark, or communication, whether written, oral or electronic, including but not limited to any post, review, comment, or message on any social media platform, website, blog, or other public or private forum, that directly or indirectly criticizes, ridicules, disparages, defames, or casts in a negative light the Company, its Related Bodies Corporate, Representatives, services, products, methodologies, processes, operations, facilities, past or present officers, directors, employees, shareholders, clients, business practices, reputation or goodwill.

Fact Find Form means the information form which you need to submit when applying for Freedom Membership.

Freedom Membership means the membership program offered by the Company pursuant to these Terms, including all associated rights, benefits, and obligations.

Governmental Agency means any government or governmental, semi-governmental,
administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity whether foreign, federal, state, territorial or local.

GST has the same meaning given to that expression in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Law).

Intellectual Property means patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how, trade secrets and marketing secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Membership Fee means the fee payable to the Company for Freedom Membership.

Moral Rights has the same meaning as that term has in Part IX of the Copyright Act.

Personal Information has the meaning given in the Privacy Act.

Privacy Act means the Privacy Act 1998 (Cth).

Relevant IP means all Intellectual Property that the Company makes, develops or conceives (whether alone or in conjunction with someone else, and whether during or outside normal working hours) in the course of, or arising out of, the provision of the Services and/or Company’s engagement with the Member.

Representatives means, in respect of a Company, the employees, officers, consultants, agents and professional advisers of that Company.

Services means the Freedom Membership benefits that the Company has agreed to provide to you under these Terms.

Works means all programs and programming and literary, dramatic, musical and artistic works within the meaning of the Copyright Act.

15. Interpretation

The following rules of interpretation apply in these Terms unless the context requires otherwise:

(a) headings are for convenience only and do not affect its interpretation or construction;

(b) no rule of construction applies to the disadvantage of a party because these Terms are prepared by (or on behalf of) that party;

(c) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;

(d) a reference to a document is a reference to that document as amended, consolidated, supplemented, novated or replaced;

(e) a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re-enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;

(f) an expression importing a natural person includes any individual, corporation or other body corporate, partnership, trust or association and any Governmental Agency and that person’s personal representatives, successors, permitted assigns, substitutes, executors and administrators;

(g) a reference to writing includes any communication sent by post, facsimile, email, or other electronic means of communication (including SMS, messaging applications and other digital platforms);

(h) a reference to time refers to time in Sydney, New South Wales and time is of the essence;

(i) all monetary amounts are in Australian currency;

(j) reference to a “liability” includes any present, prospective, future or contingent liability, whether actual or potential, and whether liquidated or unliquidated, and includes any liability arising under contract, tort (including negligence), statute, equity or otherwise;

(k) the word “month” means a calendar month and the word “year” means a period of 12 consecutive calendar months;

(l) the meaning of general words is not limited by specific examples introduced by “include”, “includes”, “including”, “for example”, “in particular”, “such as” or similar expressions, and such examples are not exhaustive;

(m) a reference to a “party” is a reference to a party to these Terms and a reference to a “third party” is a reference to a person that is not a party to these Terms;

(n) a reference to any thing is a reference to the whole and each part of it;

(o) a reference to a group of persons is a reference to all of them collectively and to each of them individually;

(p) words in the singular include the plural and vice versa;

(q) a reference to one gender includes a reference to all genders, gender identities and expressions.