Realtair Academy & Membership Terms and Conditions.
With any contractual agreement, it is important that we outline the terms and conditions as simply and thoroughly as possible. Please take the time to read through this document carefully before you agree to become a member of Realtair to avoid any confusion. Once you have done this, keep it in a safe place to refer back to from time to time. If you do not understand something in this booklet, please ask your Business Development Consultant or call 1300 367 412 and speak with one of our staff who will be happy to assist you.
Failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights. We have 5 days after formation of a Contract to rectify any miscalculation reflected within the Application and Contract and you, as the member, have a 7-day cooling off period (Comfort Guarantee) whereby you may cancel the Application and Contract by providing notice in writing. Please refer to Clause 8 - Comfort Guarantee Period.
The terms are broken up into the following sections:
• Part A:
• sets out the process for becoming a member and the formation of a Contract, and the terms and conditions of your membership.
• Part B:
• sets out the Direct Debit arrangements regarding payment of your membership and their fees. It forms part of your Membership Application and Contract.
• Part C:
• sets out the Privacy Statement and Acknowledgement. Please be advised that these Membership Terms, Conditions and Rules may change from time to time. We will make an effort to contact you in advance as defined in Part A, clause 11 – Changes to Terms and Conditions.
Realtair means; Realtair Pty Limited, Company, we, us or our. You, your means; member of the Realtair Contract. Agreement means; the Application and Contract between Realtair and you under which you will become a member of Realtair. Minimum Term means; the term specified in the Application and Contract form.
Services means; goods and services offered in your membership category.
1. MEMBERSHIP TERMS CONTRACT FORMATION:
1.1 A Contract arises between you and us once the Contract has been clicked agreed by you and we have accepted the Contract.
1.2 Acceptance of the Contract by us is entirely at our discretion.
1.3 This Contract will be governed by the laws of NSW.
2. ACCEPTANCE OF CONTRACT:
2.1 It is important that the terms of the Contract between you and us are clear and for this reason, if there is any conflict between what is set out in this document and anything you have been told, via email, face-to-face or over the telephone, the terms in this document will prevail unless otherwise agreed to by us in writing.
2.2 Failure by us to enforce any of our rights at any time for any period shall not be construed as a waiver of those rights. We have 5 days after formation of a Contract to rectify any miscalculation reflected within the Application and Agreement.
3. MEMBERSHIP ENTITLEMENT:
3.1 As soon as a Contract is formed in accordance with clause 1.1 – Membership Terms Contract Formation, and subject to your rights in relation to the ‘Comfort Guarantee’ period, you will be bound by these Membership Terms.
3.2 As a member you are entitled to use the services as set out in your membership type description and only for the term of this membership subject to meeting these Membership Terms and the rules applicable.
3.3 Memberships are non-assignable and non-refundable except as permitted in these Membership Terms and subject to law.
4. MINIMUM MEMBERSHIP TERM:
4.1 The Minimum term for membership is 12 months.
4.2 If you have a direct debit service agreement in force or a credit card deductions authority you will not need to renew them, they will simply carry over with a renewed membership.
4.3 After 11 months of the initial term membership can be cancelled by giving us 30 days notice in writing. i.e. membership is cancelled after the 12 month minimum term has been served.
5. PAYMENT OF FEES:
5.1 All continuous memberships are paid monthly in advance via direct debit or credit card deductions. If they are not paid on the due date or you have insufficient funds to meet your payments then this will be considered a default.
5.2 However, we will attempt to provide notice issued to your current address within 7 days of this occurring. Notice may also be given via telephone, email or face-to-face.
5.3 Membership payments will automatically change in accordance with any changes in GST or merchant charges (where applicable).
6. DEFAULT OF PAYMENT:
6.1 If any amount payable to us from you is not paid on the due date, access to the services will be suspended until such time as payments are made.
6.2 We may charge you a penalty or interest for any outstanding payments. If you default for 60 days or more then we may report you to a credit reporting agency.
6.3 We may also commence recovery action against you and YOU AGREE to pay for any recovery costs including administration, legal and any other costs we incur as a result of the recovery action.
6.4 All booked member seats when membership payments have declined and are inactive will be cancelled. Members are required to rebook all seats once their memberships are up to date and active again.
7. TRANSFER OF MEMBERSHIP:
7.1 Transfer of Memberships will only occur if;
7.1.1 the membership is current and is paid by an employer for an employee; and
7.1.2 the employee is no longer employed or engaged with the employer; and
7.1.3 the transfer is to a new employee not currently having membership with us.
7.2 Membership cannot be transferred from an employee who is still currently employed by you until the minimum or renewal period has finished or been paid out in full.
7.3 Membership cannot be transferred due to change in employment status of the employee with you. For example: a full time employee becomes a contractor.
7.4 Individual membership cannot be transferred.
8. COMFORT GUARANTEE PERIOD:
8.1 You have a ‘comfort guarantee’ period (cooling-off period) of 7 calendar days commencing on the date the Contract is formed.
8.2 You may cancel your membership during this period for whatever reason by providing written notice to us within 7 days.
8.3 We will cancel your Contract and refund your initial payment;
8.3.1 less a $25.00 administration fee; and
8.3.2 less the cost of any non returnable items already shipped to you; and/or
8.3.3 less the costs for events attended that were covered under the agreement at non member prices.
8.4 Upon cancellation you may actually owe us more than the initial deposit paid. In this case membership offerings will cease, yet it is agreed the terms and conditions contained within this document covering our rights will remain enforce until final payments are made covering items and events as per clauses 8.3.2 and 8.3.3.
9. TERMINATION AFTER THE MINIMUM TERM:
9.1 Contracts are automatically renewed on a month to month basis upon expiration of the minimum term.
9.2 Any balance of term or outstanding fees owed to must be paid out in full.
9.3 You must be aware that:
9.3.1 Your termination notice must be in writing and will be effective 30 days after receipt of notice to our office.
9.3.2 Payment authorities will not be cancelled until any balance owed is paid in full.
9.4 Where we terminate your membership for whatever reason you must pay us any fees that are outstanding at the time of termination or we may take action to recover the outstanding payments as referred to in clause 6.2 and 6.3.
9.5 We can refuse you access to services whenever your payments are not up-to-date.
10. MEMBERSHIP FEE INCREASE:
10.1 We reserve the right at any time, to amend, delete or change any of these Terms and Conditions including the increase of fees charged to you. We will provide written notice to you by post, email or fax at least one month prior to changes occurring.
10.2 If membership fees are increased and reasonable notice is provided, you hereby authorise and agree to increase your direct debit or credit card deductions consistent with the increased fees. You further authorise and agree for us to increase the direct debit or credit card deductions that occur every month.
11. CHANGES TO TERMS AND CONDITIONS:
11.1 We reserve the right to amend, delete or change or remove Terms and Conditions of membership at any time, including but not limited to the Membership Terms and Conditions, the products we supply and the services we provide.
11.2 Any such additions, deletions or changes will be notified to you in writing or by phone with at least 14 days notice.
11.3 If at any time the services are temporarily or permanently suspended for any reason, we may (subject to availability) by written notice to you offer an alternative course of equal value OR you may cancel your membership by providing us written notice thereafter.
12. COMPLAINTS AND FEEDBACK:
12.1 Realtair sees both complaints and feedback as constructive and helpful. We will endeavour at all times to assist you with any concerns you may have. To do this both effectively and efficiently, the initial complaint is always directed immediately to our Customer Care Team whose role it is to contact you within one week (where possible) to answer your query or complaint to discuss or resolve the issue.
12.2 Should you feel that it has not been resolved effectively, it may be escalated to the Customer Care Team leader who will in turn contact you.
13. CHANGE OF DETAILS:
13.1 You must keep us informed of any change of address, email address, contact numbers, bank account and credit card details for payment and any other information relevant to your membership.
14. UNENFORCEABLE CLAUSES:
14.1 Where a provision is deemed to be invalid or unenforceable by the courts the provisions will be deleted from the Contract but such deletion will not affect the validity and enforceability of the remaining provisions.
14.2 The Contract will be subject to the Jurisdiction of New South Wales and the Courts of Australia will have jurisdiction over any disputes in relation to it.
15. AUTHORISED TO AGREE:
15.1 In the case where this agreement is being agreed upon on behalf of a corporation, trust or partnership the person agreeing has the authority to do so.
16. DIRECT DEBIT ARRANGEMENTS
16.1 All continuous memberships are paid monthly in advance via direct debit or credit card deductions.
16.2 Monthly Membership Subscription: By purchasing a Monthly Membership Subscription, you agree to an initial and recurring Monthly Membership Subscription fee at the then-current Monthly Membership Subscription rate, and you accept responsibility for all recurring charges for the entire 12-month minimum subscription.
16.3 AUTOMATIC MONTHLY MEMBERSHIP TERMS: Once you sign up as a Realtair member, Realtair will automatically process your Monthly Subscription fee on the same date each month (eg. 7th of each month). Realtair will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Membership Subscription rate, until you cancel your subscription. Please see the cancellation policy above (9. TERMINATION AFTER THE MINIMUM TERM)
17.1 Should you wish to discuss any of these arrangements, including any possible disputed amounts, please call Realtair on 1300 367 412.
18.1 This document outlines our service commitment to you, in respect of the Direct Debit Request (DDR) and credit card deductions arrangements made between Realtair Pty Ltd and you.
18.2 It sets out your rights, our commitment to you and your responsibilities to us together with where you should go for assistance.
19. INITIAL TERMS OF THE ARRANGEMENT
19.1 In terms of the Direct Debit Request and credit card deductions arrangements made between us and you, we undertake to periodically debit your nominated account for the agreed amount for your monthly dues as defined in your Membership Application and Contract.
20. DRAWING ARRANGEMENTS
20.1 Monthly drawings (after 1st monthly payment is received) under the Direct Debit and credit card deductions arrangement will occur each month commencing on the 1st monthly payment anniversary (e.g. if the initial payment is on 19.10.19 then first installment after initial payment will occur on 19.11.19).
20.2 If drawings fall on a non-business day (Direct Debit Only), it will be drawn on the next business day. Please note that drawings may take up to 5 business days to come out of your account.
20.3 We will provide you with at least 30 days notice when changes to the initial terms of the arrangement are made.
20.4 If you wish to discuss any changes to the initial terms please contact us on 1300 367 412.
20.5 If your drawing is returned or dishonoured by your financial institution we will endeavour to contact you requesting payment. If we have not received payment we will re-draw these funds again along with and including any outstanding membership drawings on or before the next payment date.
20.6 Transaction and administration fees will be charged to your account in the case of any failure to satisfactorily draw against your account.
21. CREDIT CARD MERCHANT FEES
21.1 Credit Card processing fees are charged and payable on all credit card deductions. This amount can change from time to time in accordance with changes made by our merchant facility providers.
23. CHANGES TO THE ARRANGEMENT
23.1 If you want to make changes to the drawing arrangements, written notice of this must be forwarded to the Realtair including details of all changes requested.
24. ENQUIRIES AND DISPUTES
24.1 Should you wish to discuss these arrangements, including any possible disputed amounts, please call Realtair on 1300 367 412.
24.2 Where disputes are referred to us, we will endeavour to respond to them within 7 days.
24.3 If you do not receive a satisfactory response from us in relation to your dispute, you may contact your financial institution. They will respond to you with an answer to your claim in accordance with their published processes.
25. YOUR COMMITMENT TO US
25.1 It is your responsibility to ensure that:
25.1.1 Your nominated account can accept direct debits (your financial institution can confirm this); and
25.1.2 That on the drawing date (and for 5 subsequent days) there is sufficient cleared funds in the nominated account; and
25.1.3 That you advise us in advance if the nominated account is to be transferred or closed.
25.2 That if you are paying your fees by credit card, you advise us of any changes to your credit card information, i.e. expiry date, or number.
26. PRIVACY STATEMENT AND ACKNOWLEDGEMENT
26.1 In the course of establishing a Contract with you and during the term of that Contract we will obtain access to certain sections of your personal information.
Purchase Agreement Terms and Conditions
When you agree to purchase from Realtair Pty Ltd, you enter into a binding contract with us, and you accept that you will be bound by the terms and conditions contained in this contract.
Our refund policies differ from product to product and your purchase may fall under one or more refund policies.
1. This purchase agreement forms the entire agreement between you and Realtair. You agree to these terms and conditions once your order is accepted and confirmed.
2. All prices include GST.
3. Realtair reserves the right to change the terms and conditions on this site or on our invoice without notice to you. You will be bound by the terms and conditions operating at the time you purchased your products and services from us.
4. Title in the products purchased by you remains with us until you pay for the products in full, after which title in the products purchased will pass to you.
5. When we receive an order for products either through our website or by phone we will confirm the order and your payment before we release the products to you.
6. Access to the Realtair website is provided by your internet service provider. We will not be liable for failure of connectivity to our website by your internet service provider.
7. Realtair will make all reasonable efforts to ensure that information on the website is accurate and correct at the time it is viewed, however we make no representation as to the accuracy of the information and you must rely on your own enquiries. Realtair is not liable for any errors or omissions contained on the website.
8. Realtair will dispatch to you the products you ordered within 7 days of receipt of payment for those products. If the products you ordered are not in stock or in store at the time your order is confirmed we will deliver those items as a priority once they are in our possession.
9. Realtair may provide and advertise payment plans for certain products when ordered either online or over the phone. Unless you have authority from us to pay by this method you must pay the total price up front before we confirm your order and dispatch your products.
10. If you pay by credit card you agree for Realtair to debit your credit card for each instalment until payment is made in full.
11. If Realtair attempts to debit your card and you have insufficient funds to pay the instalments, we may at our discretion ask you to do one or more of the following things:
a. pay the instalment by cash or cheque or by direct transfer
b. pay any charges or fees for dishonoured cheques or administration costs as charged to Realtair for the default in instalment payments;
c. withdraw your pay by instalment plan rendering the outstanding balance immediately due and payable.
12. Realtair reserves its rights to commence proceedings against you by way of claim in a Court or otherwise to recover any outstanding debt after 28 days of your failure to pay to us an overdue amount.
13. Realtair may report you to a credit reporting agency if you make a default in payment of products.
14. If you default in payment of your account Realtair may charge you interest calculated daily at the rate of 9% per annum on the balance outstanding on your account from the date payment was due until payment in full is received.
15. If you default in payment/s to Realtair and we commence recovery action against you we will also seek costs for administration, legal and other expenses we incur as a result of the recovery action an indemnity basis.
16. This purchase agreement shall be governed by the law of the State of New South Wales.
Refund policies for general use products and services:
1. You may refund or exchange your products where those products are found to be faulty and Realtair or the manufacturer are the cause of the fault otherwise we will not provide a refund.
2. If you wish to return items pursuant to point 1 above please contact Realtair on 1300 367 412 for an authority to return the items. If you return any items without our consent you will not receive a refund until it is authorised by Realtair.
Refund Policy for specialty products and services:
Realtair offers its clients niche products and services which sets Realtair apart from its competitors. These special types of products and services consist of goods supplied and services supplied to you at your office or at a conference/seminar. You confirm you understand that the payment for these special type products and services are made in accordance with the following policies:
A. Online Training:
These products and services are non-refundable due to their non-refundable nature. Full payment for the purchase of on-line training products must be made in full prior to delivery.
B. Audio Training and Software:
These products and services are non-refundable due to their non-returnable nature. Full payment for the purchase of our Audio Training products must be made prior to delivery. Once we have received full payment the product/s will be mailed to your preferred address. Please ensure that your correct contact details and shipping address details are provided to Realtair.
C. Public Events
All seminar and conference bookings and reservations will be confirmed once payment is received by Realtair. Please ensure that your correct contact details and address details are provided to Realtair. Should you cancel or re-schedule your seminar seat more than 7 days prior to an event you are entitled to a credit with Realtair for that amount paid for that event (membership complimentary bookings excluded). This credit can be used towards any other Realtair product or service. If you cancel or re-schedule your seminar seat less than 7 days prior to the event, a cancellation fee of $90.00 per person, per day of the event is payable (ie 2 day event, $180 p.p). The cancellation fee will be deducted from the amount already paid or it will be added to your outstanding balance, which is payable no less than 7 days of the re-scheduled event. For all Realtair complimentary member bookings, where event tickets are cancelled within 7 days of event, a cancellation fee of $90.00 per person, per day of the event is payable (ie 2 day event, $180 p.p) and will be invoiced directly to Realtair Member. Cancellation rules apply for failure to appear at scheduled at event.
All refunds given in the form of credit, less any cancellation fees, and can be used on any other Realtair product or service. All cancellations must be in writing and forwarded to Realtair by email to firstname.lastname@example.org or SMS your name and the event name to 0416 907 171.
In the event you are unable to attend your designated event, you may nominate a colleague or employee to attend the event on your behalf. Your nominee must be authorised by you. Complimentary Level 1 Membership bookings excluded, please refer to membership Terms & Conditions.
D. Consulting Seminars and Onsite Software Training:
These seminars require your attendance to scheduled venues or attendance by Realtair at your premises for the purposes of training you. Once Realtair has received a minimum of fifty percent (50%) deposit of the full purchase price of a seminar we will then schedule your seminar. The remaining fifty percent (50%) of the purchase price is payable no less than 21 days prior to the scheduled seminar.
After the initial deposit is paid and no less than 21 days prior to the seminar you are entitled to cancel or reschedule the seminar. Should you cancel your seminar during this time you are entitled to a credit with Realtair for the amount of your deposit. If you cancel or reschedule your seminar less than 21 days prior to your seminar a cancellation fee of $200.00 is payable along with any other travel expenses incurred by Realtair at date of cancellation and these fees will be deducted from your deposit in the case of a cancellation or is added to your outstanding balance which is payable no less than 21 days of the rescheduled seminar. All refunds are given in the form of credit with Realtair to the value of your payment less any fees. All cancellations must be in writing and forwarded to Realtair by email to email@example.com or SMS your name and the event name to 0416 907 171.
In the event you are unable to attend your designated Event, you may nominate a colleague or employee to attend the event on your behalf. Your nominee must be authorised by you.
E. Multi User Software Installations:
A fifty percent (50%) deposit is payable immediately upon purchase of any of our multi – user software products. The outstanding balance is payable immediately upon installation of the product. The full purchase price must be paid and the account finalised on installation.
These products and services are non-refundable due to their non-returnable nature. All Software Products offered by Realtair are available for trial and evaluation prior to purchasing. We encourage you to thoroughly test the software you intend on purchasing to determine whether it is suitable for you.
F. Where applicable, all credit provided by Realtair must be used within 12 months of credit issued.
Refunds due to cancellations by Realtair:
Realtair reserves the right to cancel, postpone or reschedule your seminar and/or the venue by way of notifying you in writing with the details of the amended schedule times and venue, and if this occurs you agree:
1. to waive all your rights (including negligence), to the extent permitted by law, in respect of any loss or damage (including any claim under common law) suffered from or in connection with or as a result of the change in seminar or venue; and
2. you waive any right you have under common law or statute and agree not to make a claim against Realtair or its associates, affiliates employees or directors for a refund of monies paid.
In the event that Realtair cancels a seminar and fails to reschedule the cancelled seminar we will refund to you any monies you paid for the cancelled seminar within 10 days of providing you written notice of the cancellation. We will not pay you additional monies for any claim for loss or damage suffered by you as a result of a cancellation. Please refer to the terms under Limitation of Liability.
For our General policies, policies on Privacy, Intellectual Property and Liability please see our website at www.realestateacademy.com. au. Where applicable our policies form part of the purchase agreement.