Terms and Conditions
TERMS AND CONDITIONS
1.0 GENERAL TERMS
These Terms and Conditions apply to the provision of Budget Blitz Programs by TPMG TRUST to the Client on the Website.
The Client confirms their acceptance of these Terms and Conditions by submitting a Booking Form to TPMG TRUST.
1.3 Authority to Amend
No person other than a director of TPMG TRUST has authority to amend, vary or waive these Terms and Conditions on behalf of TPMG TRUST.
Capitalised terms used in these Terms and Conditions have the meaning given in Clause 10 unless the context otherwise requires.
2.0 SUPPLY OF SERVICES
2.1 Supply of Services
The Client agrees to accept and pay for, and TPMG TRUST agrees to provide Budget Blitz Programs, subject to these Terms and Conditions.
TPMG TRUST does not agree to provide Budget Blitz Programs to any person who is not resident in Australia.
A person who completes and submits the Booking Form warrants that they are resident in Australia.
3.1 Booking Form and Payment
(a) The Client may apply to participate in Budget Blitz Programs by completing the Booking Form and making payment to TPMG TRUST through the Website.
(b) The Client will pay the Program Fee by credit card at the time of completing the Booking Form unless alternative arrangements are agreed in writing with TPMG TRUST.
(c) The Client will not have access to the Online Platform until it has made payment of the Program Fee in full to TPMG TRUST, and Budget Blitz Programs commences.
(d) Submission of the Booking Form creates no obligation on TPMG TRUST to provide Budget Blitz Programs. If TPMG TRUST does not agree to proceed with a Program Package in accordance with a booking, it will refund the relevant Program Fee to the Client.
(a) If the Client agrees to proceed with a Program, TPMG TRUST will issue a Confirmation to the Client by email.
(b) The Confirmation will include details of the Program, including instructions for the Client’s participation in Budget Blitz Programs, including details of the Online Platform.
(c) The Confirmation will also include a tax invoice for the 1 to 1 Budget Blitz Program Fee.
3.3 Refund policy and 100% Money Back Guarantee
(a) Subject to clause 3.2, if the Client is not satisfied with the Program they may request a refund of their Program Fee within 30 calendar days of receiving confirmation.
(b) If TPMG TRUST receives a cancellation request in accordance with 3.3(a) within the stated time, TPMG TRUST will cancel the Program Package and refund any Program Fees which the Client has paid.
(c) To the maximum extent permitted by Law, the Client is not entitled to cancel a Program Package except as expressly permitted under these Terms and Conditions.
3.4 Program provider
The Client acknowledges and agrees that access to a specific provider mentioned in the Website or the Confirmation, including Greg Smith, in person or on-line is not guaranteed.
4.0 FEES AND PAYMENT
(a) The Client must pay the Program Fee to TPMG TRUST in accordance with clause 3.1.
(b) Full payment of the Program Fee must be received by TPMG TRUST at least 24 hours before the commencement of Budget Blitz Programs.
(c) If TPMG TRUST does not receive payment by the time stated in clause 4.1(b), TPMG TRUST may, without prejudice to any other remedy it may have, cancel Budget Blitz Programs or terminate the Program Package.
(a) The parties acknowledge and agree that all Program Fees are inclusive of GST unless otherwise stated.
(b) If GST is imposed on any supply made by TPMG TRUST pursuant to these Terms and Conditions, subject to TPMG TRUST providing a valid tax invoice, the Client must pay, in addition to any fees for such supply (unless those fees already include GST), an additional amount equivalent to the GST payable.
(a) The Program Package entitles the Client to access Budget Blitz Programs via the Online Platform.
(b) The Online Platform will only be accessible to the Client during the Term. Content on the Online Platform unlocks sequentially during the Program of the Term and all downloadable content associated with a Program Package will cease to be accessible on expiry of the Term.
(c) If for any reason the designated Online Platform is unavailable, TPMG TRUST will use its best endeavours to provide an alternative platform via which Budget Blitz Programs will be conducted.
(d) The Client is responsible for ensuring that it has the necessary technical capacity, including internet access, to use the Online Platform.
(e) TPMG TRUST does not promise that the Online Platform will be error-free or uninterrupted. The Online Platform and its content are delivered on an “as-is” and “as-available” basis. TPMG TRUST cannot ensure that files the Client downloads from the Online Platform will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Facebook or Twitter from TPMG TRUST cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of TPMG TRUST’s control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view data on the Online Platform.
6.1 Suitability of Services
To the maximum extent permitted by Law, the Client acknowledges and agrees that:
(a) TPMG TRUST does not warrant or guarantee any outcomes, or the suitability of, Budget Blitz Programs for any purpose;
(b) any information provided by TPMG TRUST is general in nature and not to be taken as legal, financial or insurance advice, and the Client will:
(i) seek independent legal, financial or insurance advice from a suitably qualified advisor or institution before implementing or applying any of the information provided by TPMG TRUST; and
(ii) indemnify TPMG TRUST from and against any loss or damage arising as a result of the Client’s failure to obtain independent legal, financial or insurance advice in accordance with clause 6.1(b)(i); and
(c) TPMG TRUST will not provide the Client with any financial product advice or other information that would require TPMG TRUST to hold an Australian Financial Services Licence (AFS Licence), and TPMG TRUST is not required to hold an AFS Licence to provide Budget Blitz Programs.
The Client acknowledges and agrees that TPMG TRUST is not liable for, and the Client releases TPMG TRUST from any Claims relating to:
(a) any failure, error, omission or interruptions in the availability or quality of the internet, telecommunications systems or other technology during Budget Blitz Programs;
(b) any interference, loss or damage to any data, computer system, mobile device or any other property arising as a result of or in connection with the provision of Budget Blitz Programs; or
(c) any reliance on any information, document, advice or other materials provided by TPMG TRUST on the Website or the Online Platform or in connection with Budget Blitz Programs.
6.3 Exclusion of liability
To the maximum extent permitted by Law and subject to clause 7:
(a) TPMG TRUST will not be liable for, and the Client waives any right it has to claim, any loss of income, loss of profit, production, contract, customers, goodwill, opportunity or business, or any indirect, special or consequential loss or damage of any nature whatsoever arising under or in connection with Budget Blitz Programs or these Terms and Conditions, whether in contract, tort (including negligence), under statute, in equity or otherwise; and
(b) TPMG TRUST’s aggregate liability to the Client arising out of, or in connection with, Budget Blitz Programs is capped at an amount equivalent to the Program Fee.
7.0 AUSTRALIAN CONSUMER LAW
(a) Nothing in these Terms and Conditions, except as expressed otherwise in clause 7(b), will be construed as excluding, restricting or modifying any Consumer Guarantee.
(b) TPMG TRUST’s liability to comply with a Consumer Guarantee is limited, at the sole discretion of TPMG TRUST, to supplying the service again or payment of the costs of having the service supplied again.
8.0 INTELLECTUAL PROPERTY AND PRIVACY
8.1 Intellectual Property
The Client acknowledges and agrees that TPMG TRUST will retain ownership of all Intellectual Property created as a result of or in connection with Budget Blitz Programs.
(i) providing Budget Blitz Programs;
(ii) to the extent permitted by law, notifying the Client of other services provided by TPMG TRUST and other parties which may be of interest to the Client (subject to the Client’s right to opt out of such communications); or
(iii) providing information to the Client which TPMG TRUST believes may be useful or relevant to the Client having regard to the Client’s acquisition of Budget Blitz Programs.
9.0 CONFIDENTIAL INFORMATION
A Recipient must not use or disclose the Discloser’s Confidential Information unless:
(a) the Discloser gives its written consent to disclosure or use of the information;
(b) the use or disclosure is required by law; or
(c) the use or disclosure is required for the purpose of performing Budget Blitz Programs.
In these Terms and Conditions, unless the contrary intention appears, the following words have the following meanings:
ACL: the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Booking Form: an online form located at the Website through which potential customers enrol for Budget Blitz Programs and pay the Program Fee.
Business Day: a day which is not a Saturday, Sunday, public or bank holiday in Claim
Claim: includes any allegation, action, demand, cause of action, suit or proceeding, howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at Law, in equity, under statute or otherwise.
Client: the person who submits a Booking Form or who is named as the Client in the Confirmation.
Confidential Information: information provided by or on behalf of a Party (Discloser) to the other Party or any of its representatives (Recipient) in relation to Budget Blitz Programs and which:
(a) is communicated by the Discloser as being confidential;
(b) is by its nature, confidential;
(c) relates to the business affairs or operating processes of the Discloser; or
(d) the Recipient knows or ought to know is confidential,
but does not include information which:
(e) is already known by the Recipient without breach of any obligation of confidentiality; or
(f) is in or becomes in the public domain other than through a breach of these Terms and Conditions by the Recipient.
Confirmation: the Program Package booking/enrolment confirmation issued by TPMG TRUST for a Program Package in accordance with clause 3.2 after the payment of the Program Fee has been received by TPMG TRUST.
Consumer: a customer that is a consumer, as that term is defined in the ACL, in respect of the particular supply of Budget Blitz Programs.
Consumer Guarantee: a guarantee relating to the supply of goods or services to Consumers provided by Division 1 of Part 3-2 of the ACL.
Corporations Act: Corporations Act 2001 (Cth).
Program Fee: the fee payable by the Client for Budget Blitz Programs, as published on the Website and confirmed to the Client at the time of purchasing a Program Package and which will be set out in the Booking Form.
Program Package: Budget Blitz Programs to be provided to the Client in accordance with the Confirmation.
GST: any tax, levy, charge or impost generally imposed pursuant to the New Tax System (Goods and Services Tax) Act 1999, or any other Act of Parliament of the Commonwealth of Australia, which the parties are obliged to pay in respect of the supply of Budget Blitz Programs.
Intellectual Property: trade marks, trade names, domain names, logos, get-up, patents, inventions, registered and unregistered design rights, copyrights, circuit layout rights, and all similar rights in any part of the world (including know-how) including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations.
Budget Blitz Programs: the provision of general financial management information to the Client for the purpose of improving the management of the Client’s finances.
Law: any law, regulation, authorisation, ruling, judgment, order or decree of any government agency and any statute, regulation, proclamation, ordinance or by-law.
Online Platform: the online platform on which Budget Blitz Programs is provided as set out in the Confirmation or any substantially equivalent platform provided by TPMG TRUST to the Client from time to time.
TPMG TRUST: TPMG TRUST ABN 15 336 959 255
Term: in respect of a Program Package, the period commencing on the date on which Budget Blitz Programs commences and expiring on the final day of Budget Blitz Programs, as set out in the Confirmation.
10.2 Governing Law
These Terms and Conditions are governed by and must be construed in accordance with the Laws of the State of New South Wales. The parties submit to the non-exclusive jurisdiction of the Courts of that State and the Commonwealth of Australia in respect of all matters or things arising out of these Terms and Conditions.
© 2020 Budget Blitz – All Rights Reserved. Budget Blitz is a division of TPMG TRUST ABN 15 336 959 255. The information provided on the ww.budgetblitz.com.au website, and in the Programs hosted on the website, is general in nature and does not take into account your personal situation or needs. We cannot guarantee the accuracy or relevance of any information provided. Before making a financial decision, seek professional advice.