The Property Couch welcomes you. We invite you to access and use our websites, including, without limitation, www.thepropertycouch.com.au, www.start.thepropertycouch.com.au (the “Websites”).
The Property Couch (trading name is Empower Wealth Education Pty Ltd ABN 46 159 202 669) is a podcast managed by Empower Wealth and Empower Wealth is the trading name of Integrated Pathways Pty Ltd ABN 68 110 217 537 / ACN 110 217 537.
Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service.
The sections below titled “Binding Arbitration” and “Class Action Waiver” contain a binding arbitration agreement and class action waiver. They affect your legal rights. Please read them.
When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Sites is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PROPERTY COUCH AT YOUR SOLE RISK. By purchasing any The Property Couch Products, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, investment returns or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your money management skills, income level, knowledge, ability, dedication, and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
1. Description and use of our websites
We provide Visitors and Registered Users with access to the Services as described below.
Visitors. Visitors, as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can: (i) view all publicly-available content on the Websites; and (ii) email us.
Registered Users. Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through one of our Websites; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments and other content on the Websites (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the The Property Couch community.
2. Community guidelines
The Property Couch’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Websites, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
- You will not upload, post, email, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another person;
- You will not spam or use the Websites to engage in any commercial activities;
- If you post any Registered User Content, you will stay on topic;
- You will not access or use the Websites to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
- You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.
3. Sign-in name; password; unique identifiers
For our courses, during the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. The Property Couch will not be liable for any loss or damage caused by any unauthorized use of your account.
4. Fees, payment and refund policy
As consideration for any purchase you make on the Websites, you shall pay The Property Couch all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.
All prices listed are inclusive of Postage (within Australia) and handling & GST. All physical book orders are only valid for orders with an Australian delivery address.
For our physical products such as books, we only deliver to Australian address. Please allow up to 10 working days for our book delivery. We use Australian Standard Post for all Australian book delivery. If you require overseas delivery then please do not order via this website. For overseas deliveries please send an e-mail to email@example.com describing where the order is to be shipped. As a rough estimate, our Overseas delivery fees are:
- Express post: $44.06
- Standard: $22.26
As we don’t have a sophisticated delivery system for our book, you can potentially get the book delivered at a cheaper rate on other sites such as Angus Robertson and Wordery. Alternatively, you can also try for aa Kindle version at Amazon. If you don’t have Kindle, Kobo also has other e-book option.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize The Property Couch to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
Refund Policy – All The Property Couch Books
We do not normally provide refunds and/or resend the book if you:
- simply change your mind,
- provided us with the incomplete or incorrect postal address or
- make a wrong decision.
You can choose between a refund, exchange or credit where goods:
- are faulty
- have been wrongly described
- are different from a sample shown to you, or
- do not do what they are supposed to.
A refund may be available:
- if you make an error in your payment
- if you contact us and arrange to amend or cancel your order before we have shipped your order, or otherwise provided you with any goods or services.
- if you do not find value in the goods or services that you’ve purchased. You’ll need to provide us with a written request explaining why you believe the value was not as expected to firstname.lastname@example.org.
Any refunds will be made by
- Credit card – Credit to the card used for the original purchase or payment
At The Property Couch, we are so confident that you will get value from our workshops that we give you an entire calendar year (365 days) to complete the course, do the work and put what you’re taught to the test.
We want you to give your best effort to apply all the fundamentals and strategies taught in the course and give yourself the best chance at success, which is why if we don’t hold you accountable to putting in the work, we’re doing you a disservice.
This course has been stress-tested to make sure that as long as you follow the modules and complete the action items for each lesson, you will get results.
Which is why when you enroll in any of our courses as a student, you get a “365-Day Guarantee.” The guarantee states that if you enroll in one of our courses, watch all the video lessons, complete all of the required work and action items, and still don’t see results within the first year (365 days), we will provide a full refund.
Our 365-Day Guarantee is governed by the following terms.
In order to qualify for a refund, you must have completed the course, and email us within the first year from your enrolment date, including proof that you have completed the course.
If you haven’t completed the course, then you won’t be eligible for the guarantee. As course organisers, we have access to see the percentage of completion at the backend and will provide the screenshot to you as proof of your completion. We’ll ask what didn’t work for you (so we can learn and improve).
For All Courses:
The work that you need to submit with your request for a refund includes ALL of the following items.
- Requirement 1: Complete the course
- Requirement 2: Tell us why this course was not a good fit for you and your business needs. What did you expect that you did not get once inside the program?
Here’s how our guarantee DOES NOT apply:
- You enroll, never complete the course, and email us within a year asking for a refund.
The Property Couch Courses Payment Cancellation Policy
A Purchaser who enrolls may not cancel the contract under any circumstances outside the “365-Day Guarantee” period. Upon enrollment, the Purchaser will be responsible for the balance of sale owing and must pay all further installments as agreed and on time. Should Purchaser fail to make any payment as and when due, we reserve all our rights against Purchaser for failure to make installment payments on time, including, but not limited to, mandating a collection agency or attorney to obtain payment from Purchaser, which may adversely affect the Purchaser’s credit rating. Purchaser must reimburse us for all reasonable fees (including legal and collection agency fees) incurred in collecting the balance of sale and is not eligible for the “365-Day Guarantee.”
We will NOT provide refunds more than 365 days following the date of purchase. After day 365, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether you complete the program.
After you submit your materials, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you have any questions or concerns about your purchase, please let us know by contacting our support team directly. The support desk can be reached at support@The Property Couch.com
5. Intellectual Property
The Websites contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of The Property Couch (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under Australian copyright laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Websites), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of The Property Couch. The Property Couch retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of The Property Couch used and displayed on the Websites are registered and unregistered trademarks or service marks of The Property Couch. Other company, product, and service names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with The Property Couch. Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of The Property Couch inures to our benefit.
Elements of the Websites are protected by trade dress, trademark, unfair competition and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
6. Communications with us
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information such as your financial information, asset and liability position and so on.
7. No warranties; limitations of liability
The websites and the content are provided on an “as is” and “as available” basis without any warranties of any kind, including that the websites will operate error-free or that the websites, their servers, or the content are free of computer viruses or similar contamination or destructive features.
To the maximum extent permitted by applicable laws: (i) we shall not be subject to liability for any delays or interruptions of the website from whatever cause, and you agree that you use the content and the websites at your own risk; (ii) we disclaim all warranties, including, but not limited to, warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade; (iii) we shall not be liable for any damages whatsoever (including, without limitation, direct, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to access and use the websites or the content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.
The websites may contain technical inaccuracies or typographical errors or omissions. Unless required by applicable laws, we are not responsible for any such typographical, technical, or pricing errors listed on the websites. The websites may contain information on certain products and services, not all of which are available in every location. A reference to a product or service on the websites does not imply that such product or service is or will be available in your location. We reserve the right to make changes, corrections, and/or improvements to the websites at any time without notice.
8. External sites
The Websites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
9. Termination of the agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Websites, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Websites at any time without prior notice or liability.
YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES, THE CONTENT, OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Fees and Payment” (until you pay all fees and taxes due hereunder), “Intellectual Property,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.