MORTGAGEHQ WORKSHOP AGREEMENT
TERMS & CONDITIONS
1. PAYMENT
1.1 Workshop Price: The Price for the Workshop are those shown on the Checkout Form. You must pay the Price to us to gain access to the Workshop.
1.2 Time for Payment: The Price must be paid at the time (or times) specified on the Checkout Form or, if not stated, on demand.
1.3 GST: Except where noted otherwise, the Price includes GST.
1.4 Full Payment: The relevant Price must be paid by you in full via the secure payment gateway facilities accessible via our website https://mhqworkshop.teachable.com and will be subject to any terms and conditions of the payment service providers.
1.5 Payment Plan: For payment by instalments, you must provide us your credit or debit card (payment card) details. You authorise us to charge your payment card for the Price outstanding in accordance with the agreed schedule. You agree to pay any credit card or bank fees which may arise from such charges. The first instalment payment shall be charged on the date we first grant you access to the Workshop and all subsequent instalment payments shall be charged on the same day of each month thereafter. If there is a problem with your payment (e.g. if your payment card transaction is declined), we may contact you to make alternative payment arrangements. You will be liable for all debt collection costs where you fail to make payment when payment is due.
1.6 No Liability: To the maximum extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you where a payment card or an account is fraudulently used or is used in an unauthorised manner.
2. INTELLECTUAL PROPERTY
2.1 Intellectual Property: All the Intellectual Property that we provide or disclose to you in the Workshop (including any modification, enhancement or derivative work of that Intellectual Property) remains our absolute property of (or our licensors). All new Intellectual Property created or developed by us in providing the Workshop is owned by us exclusively.
2.2 Limited Use: You acknowledge that you may have access to certain materials, reports and other Intellectual Property owned by, or licensed to, us in connection with the provision of our Workshop, and we grant you a non-exclusive, non-transferrable and limited licence to use our IP for your personal or internal business purposes only in connection with the Workshop.
2.3 Restrictions: You agree and confirm that you will access and use our Intellectual Property (and that of our licensors) solely in accordance with our instructions and that you will not provide or transfer to anyone else, modify, copy, reproduce, decompile, or reverse engineer any of our Intellectual Property unless expressly agreed in writing by us.
2.4 Feedback: If you provide us with ideas, comments or suggestions relating to the Workshop (together feedback):
a all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
b we may use or disclose the feedback for any purpose.
3. YOUR OBLIGATIONS & ACKNOWLEDGEMENTS
3.1 Exclusive Use: The Workshop is provided to and intended for your own exclusive use. You agree:
a to keep your User ID secure and not permit any other person to access the Workshop by using your User ID (including not disclosing or providing your User ID to any other person) without our express written consent; and
b immediately notify us if you become aware of any unauthorised use or disclosure of your User ID.
3.2 You warrant, agree and acknowledge that, as at the date of the Agreement and at all times after that date that:
a property investment is subject to risks, including the risks stated in the Schedule (Workshop Limitation), and on our website; and
b to the maximum extent permitted by law and subject to 4.3, we give no warranty, assurance or undertaking as to performance, returns, increases in or retention of value or profitability in connection with your property investing activities.
4. LIABILITY
4.1 To the maximum extent permitted by law and subject to 4.3:
a we shall have no liability to you whatsoever, whether in contract, tort (including negligence), equity or otherwise, for any Losses you suffer or incur as a result of our breach of the Agreement or otherwise in connection with the Agreement, except to the extent the Losses arise from our fraud, dishonesty or wilful default; and
b without limiting clause 4.1a, to the extent that we have any liability to you for Losses, our total aggregate to you for all your Losses will not exceed the value of the Price paid by you.
4.2 To the maximum extent permitted by law, and without limiting clause 4.1 and subject to clause 4.3, any liability of a party under this Agreement to another shall, whether arising in contract, tort (including negligence), equity or otherwise, be limited to direct Losses only, excluding any consequential loss or loss of profit, income or saving.
4.3 No provision in the Agreement is intended to have the effect of contracting out of your rights under the Consumer Guarantees Act (CGA), except to the extent permitted by law. However, if you are in trade you agree to contract out of the CGA and this clause 4.3 does not apply to you.
5. TERMINATION
5.1 We may terminate the Agreement immediately if you fail to make any payments in accordance with clause 1.5.
5.2 Subject to any rights under the CGA that cannot be contracted out of, and your right to a refund below, the Price paid by you is not refundable upon termination or expiry of this Agreement.
5.3 You can obtain a full refund of the Price you have paid at any time during the period of 3 months after you have completed the Workshop (Refund Period). You can obtain refund by emailing us at [email protected] during the Refund Period.
5.4 Expiry or termination of the Agreement does not affect each party’s rights and obligations that accrued before the date of termination or expiry of the Agreement.
5.5 Clauses which, by their nature are intended to survive expiry or termination, including clauses 2 to 4, continue in force.
6. GENERAL PROVISIONS
6.1 Waiver: To waive a right under the Agreement, that waiver must be in writing and signed by the waiving party.
6.2 Severability: Any illegality, unenforceability or invalidity of a provision of the Agreement does not affect the legality, enforceability or validity of the remaining provisions of the Agreement.
6.3 Variation: This Agreement may only be amended by agreement of the parties in writing. Despite that, we may amend, supplement or replace any of the terms of this Agreement at any time in order to provide for compliance with our obligations at law.
6.4 Reliance: Our Workshop is provided, and duties are owed, only to you and do not extend to any other person (including family members, business partners, directors, shareholders and related companies). Before any person other than you may rely on our Workshop we must give express written consent.
6.5 Entire Agreement: The Agreement sets out everything agreed by the parties relating to the Workshop and supersedes and cancels anything discussed, exchanged or agreed prior to the start of the Agreement. The parties have not relied on any representation, warranty or agreement relating to the subject matter of this Agreement that is not expressly set out in this Agreement, and no such representation, warranty or agreement has any effect from the Agreement’s start.
6.6 Law: The Agreement is governed by, and must be interpreted in accordance with, the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the Courts of New Zealand in relation to any dispute connected with the Agreement.
7. INTERPRETATION
7.1 Definitions: In this Agreement, the following terms have the stated meaning:
“Checkout Form” means the electronic form completed by you to enrol in the Workshop at our website https://mhqworkshop.teachable.com.
“Agreement” means these terms and conditions and the Schedule to this document together with the Workshop description we provide (as set out on our website https://mhqworkshop.teachable.com), the Website Terms of Use and the Privacy Policy.
“Price” means the price for the Workshop set out in the Checkout Form.
“Intellectual Property Rights” includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered or unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning.
“Losses” includes losses, damages, liabilities, charges and expenses.
“Privacy Policy” means our privacy policy from time to time published on our website.
“User ID” means a unique name and password allocated to you to allow you to access the website and the Workshop.
“Website Terms of Use” means our website terms of use from time to time published on our website.
“Workshop” means the property formula workshop online course provided by us via https://mhqworkshop.teachable.com and includes the calculators we provide.
7.2 Interpretation: In the Agreement:
a a reference to:
i “you”, “your” are to the person named on the Checkout Form;
ii “we”, “us”, “our” are to mortgagehq Limited;
iii a clause is to a clause in this Agreement;
iv $ or dollars are to New Zealand currency;
v a party to this Agreement includes that party’s permitted assigns; and
vi including and similar words do not imply any limit.
b words in the singular include the plural and vice versa.
SCHEDULE - WORKSHOP LIMITATIONS
Property investing is not for everyone. You should only invest if you have sufficient resources to do so, taking into account relevant risks. All types of investments, including property investment, provide the potential for long-term profit but they also come with risks. These risks mean that in some cases you may not be able to achieve your goals and you may incur losses. Our Workshop helps you to understand some of those risks but they do not mean (and we do not guarantee) that you will be able to achieve your goals or remove/mitigate some or all of the risks. Potential risks include (but are not limited to) changes in your personal circumstances (e.g. loss of a job, illness), failure to execute your plans effectively, defects in properties, changes in economic conditions, changes in property prices, changes in law, natural disasters, changes in interest rates or lending policies, changes in tax, changes in inflation.
Our Workshop does not take into account your personal circumstances including your goals and your financial position. The Workshop is not financial, accounting, legal, or tax advice, and all information and guidance is not a recommendation to you to undertake any investing in property or to buy or sell any financial investments.
The calculators we provide when you sign up for the Workshop give approximate results only. They are not advice of any type and are only tools to support you to make property investment decisions. Those decisions must take into account other factors including your personal circumstances, your goals and your risk appetite. Calculated figures are based on the accuracy of the information entered. The results of the calculations are only valid at the time they are generated and may not be valid at a later point in time.
While we support discussions in the Facebook group, the group is informal and should not be relied on to make property investment decisions. We are not responsible for any information, advice or recommendation made by any members of the group. Anything we say in the Facebook group is not a recommendation or opinion to take any course of action (or to refrain from acting).
The Workshop and tools we provide are not intended to be your only source of information when you are making property investment decisions. We recommend you seek advice from relevant professionals before making any property investment decision.