Terms and Conditions

1. ENGAGEMENT
1.1. Upon entering into the Membership Agreement, you are deemed to unconditionally accept these Terms and Conditions, with the intention of being immediately legally bound by these terms.
 
2. UPDATING YOUR INFORMATION
2.1. You must notify IPGA/IPG Australia Rewards Club (Solenya Family Trust) of any change in Your details, such as name, address  and/orcontact details, in writing.
 
3. TERM OF YOUR IPG AUSTRALIA REWARDS CLUB AGREEMENT
3.1. Commitment Period
Your IPG Australia Rewards Club Agreement will commence on the earlier of (a) the end of your cooling off period (if applicable); and (b) the date you sign this agreement for an initial commitment period of 12 months in the case of the IPG Australia Rewards Club and 24 months in the case of a IPG Australia Mentor Program (“Minimum Commitment Period”), upon the expiry of which the commitment period will automatically renew annually for a maximum period of 10 years in the case of an IPG Australia Rewards Club Agreement and 24 months in the case of a IPG Australia Mentor Program (“Maximum Commitment Period”), unless your IPG Australia Rewards Club Agreement is terminated. At the end of the Maximum Commitment Period, your IPG Australia Rewards Club Agreement will terminate.
3.2. Change of Mind
If you change your mind you can complete a termination notice stating that you wish to cancel your IPG Australia Rewards Club Agreement within ten business days, starting on the date that you sign the Agreement (“Cooling Off Period”).
 
4. IPG AUSTRALIA REWARDS CLUBS AGREEMENT FEES
4.1. IPG Australia Rewards Club
The IPG Australia Rewards Club Agreement Fees are set out in the IPG Australia Rewards Club Application Form. Other than as stated in clause 3.2, the IPG Australia Rewards
Club Fees are non-refundable, expended and exhausted immediately upon payment and are not amortised across the duration of your IPG Australia Rewards Club Agreement. IPG Australia Rewards Club will not process any payment of IPG Australia Rewards Club Agreement Fees before the expiry of the Cooling Off Period, however this delay will not be deemed as a waiver of its rights to the IPG Australia Rewards Club Agreement Fees. You are personally responsible for payment  of the IPG Australia Rewards Club Agreement Fees to us and any other ongoing payments set out in the IPG Australia Rewards Club Agreement Application Form as they fall due and payable.
 
4.2. Failure to meet payment
If you do not meet payment of the IPG Australia Rewards Club Agreement Fees as and when they fall due and payable, IPG Australia Rewards Club reserves its right  to undertake any one or more of the
following actions:
  1. cancel your membership and/or withhold any services available to you; and/or
  2. charge interest on any and all amounts due and payable at a rate of 2% per annum above the penalty interest rate fixed by the Penalty Interest Rates.
  3. charge interest on any and all amounts due and payable at a rate of 2% per annum above the penalty interest rate fixed by the Penalty Interest Rates
Act 1983 (Vic), compounded daily; and/or
  1. direct this matter to a collection agency and/or its legal advisers which may lead to registration of a default against your personal credit report via a third party credit agency. You agree that your contact details may be provided to such third party debt collectors or legal advisers for this purpose; and/or
  2. do anything else IPGA (Solenya Family Trust) deem reasonable and necessary in the circumstances.
5. IPG AUSTRALIA REWARDS CLUB AGREEMENT BENEFITS & PRIVILEGES
5.1. IPG Australia Rewards Club
The IPG Australia Rewards Club Agreement entitles you to claim the benefits described in the IPG Australia Rewards Club Features section in this booklet  that are relevant to your IPG Australia Rewards Club type (“IPG Australia Rewards Club Benefits”). The IPG Australia Rewards Club
Benefits are:
  1. provided to you by IPG Australia Rewards Club by way of referrals to third parties (“Providers”); and
  2. on such terms and conditions as are determined by the Providers from time to time.
By entering into this Agreement, you consent to IPG Australia  passing on any of your personal information to any such Providers for the purpose of procuring and obtaining IPG Australia Rewards Club Benefits on your behalf.
 
5.2. Making Enquiries
It is your responsibility to ensure that you make your own enquiries regarding:
  1. the fitness, suitability or acceptability of the IPG Australia Rewards Club Benefits for any particular purpose you may have; and
  2. your rights and responsibilities under the terms and conditions relating to the IPG Australia Rewards Club Benefits, and in accepting such IPG Australia Rewards Club Benefits warrant to IPG Australia Rewards Club that you are satisfied with such enquiries.

 

5.3. Limitation of Liability
IPG Australia Rewards Club will use all reasonable endeavours to facilitate the supply of the IPG Australia Rewards Club Benefits, however IPG Australia Rewards Club  is not the provider of the IPG Australia Rewards Club Benefits and accordingly have no control or responsibility for any goods or services provided to you  by the Providers (or any other party). IPG Australia Rewards Club does not (and cannot) make any warranties, guarantees or representations regarding the goods or services that are provided to you by the Providers. Furthermore, IPG
Australia Rewards Club disclaims:
  1. any and all liability for any act, omission or default, whether negligent or otherwise, of a Provider and/or third party;
  2. any and all liability for any cost loss or damage occasioned by any negligent act, omission or default of any Provider and/or third party; and where IPG Australia Rewards Club’s liability cannot be excluded such liability is limited to the market value of the IPG Australia Rewards Club Benefit, as determined by the Provider.
    1. Acknowledgements
IPG Australia Rewards Club may receive commissions, benefits, gifts, discounts and rebates from the Providers in exchange for introducing you and may provide commissions, benefits, gifts, discounts and rebates to the party that introduced you to IPG Australia Rewards Club.
    1. Legal and Conveyancing
Additional charges and disbursements may apply which are outside our control and are not included with the IPG Australia Rewards Club Benefits. For more info ask your IPG Australia Rewards Club consultant.
 
6. VARIATION TO THE TERMS
IPG Australia Rewards Club reserves its right to amend these Terms and Conditions from time to time by notice in writing to you (“Change Notice”). You may object in writing to a Change Notice within 7 seven days of issue and your objection will constitute written notice of termination pursuant to clause 8.1. The Terms and Conditions will continue to apply without amendment until termination. If you fail to object to a Change Notice you will have no claim against IPG Australia Rewards Club (IPGA and Solenya Family Trust) by reason of any changes made to its IPG Australia Rewards Club terms and conditions.
 
7. NO ASSIGNMENT
You must not assign, transfer or otherwise convey the rights, entitlements, interests and/or benefits in your IPG Australia Rewards Club Agreement to a third party, without the written consent of IPG Australia Rewards Club (which may be provided subject to various terms and conditions at their absolute discretion).
 
8. TERMINATION
8.1. Mutual Termination
After the Minimum Commitment Period, either party may cancel this Agreement, by providing at least 14 days prior written notice to the other party.
8.2. Breach
IPG Australia Rewards Club may terminate your IPG Australia Rewards Club Agreement with immediate effect if:
  1. you are in breach of these Terms and Conditions and, if capable of remedy, the breach is not remedied within 10 days of IPG Australia Rewards Club providing written notice requiring you to do so; or
  2. you become bankrupt.
8.3. Other Termination
IPG Australia Rewards Club reserves its right to cancel the entire IPG Australia Rewards Club Agreement if and where reasonably necessary to do so, and, will provide at least 14 days prior notice to you.
 
9. EFFECT OF TERMINATION
If your IPG Australia Rewards Club is terminated pursuant to clause 8.1 or 8.2, any and all monies already paid under your IPG Australia Rewards Club Agreement as at the date of termination shall be deemed the exclusive property of IPG Australia Rewards Club. Termination of your IPG Australia Rewards Club Agreement shall not affect the IPG Australia rights of the parties.
 
10. CONFIDENTIAL INFORMATION / INTELLECTUAL PROPERTY
From time to time, IPG Australia Rewards Club may disclose or provide access to confidential information or intellectual property which IPG Australia Rewards Club owns, possesses or has a licence to utilise and exploit for the purpose of providing the IPG Australia Rewards Club, including confidential information or intellectual property of the Providers. In consideration of the value of the confidential information and intellectual property to IPG Australia Rewards Club, you agree and acknowledge that you will not:
  1. disclose, distribute or otherwise publish the confidential Statements information (or any part thereof); and/or
  2. use, exploit or otherwise deal with the intellectual property (or any part thereof), and immediately notify IPG Australia Rewards Club if you reasonably believe that any unauthorised disclosure or exploitation of the confidential information and intellectual property has occurred.
  3. before providing you with confidential information and/or intellectual property, IPG Australia Rewards Club may request that you enter into a confidentiality and non-disclosure agreement.
11. ACKNOWLEDGEMENT AND WARRANTIES
Your participation in the IPG Australia Rewards Club Agreement is at your own risk and you will do all things you deems reasonably necessary and required so as to protect or limit your risks. Except as expressly provided to the contrary in the IPG Australia Rewards Club Agreement, all representations, warranties, guarantees and implied terms and conditions in relation to the IPG Australia Rewards Club and/or the IPG Australia Rewards Club Benefits (whether implied or otherwise) are hereby excluded to the maximum extent permitted by the law, where any such breach of a non-excludable condition is limited at IPG Australia Rewards Clubʼ s option to the value of the IPG Australia Rewards Club (i.e. the IPG Australia Rewards Club Fee) or the costs of having the relevant services re-supplied to you. To the fullest extent permitted by law, IPG Australia Rewards Club disclaims all liability to you or any other person for:
  1. any loss or damage of any kind that is directly or indirectly caused by or results from any wrongful, wilful or negligent act or omission by you; and
  2. any direct, indirect, incidental, special or consequential loss or damage (including anticipated loss) resulting from or occasioned in any way, in respect of the Membership and/or the Membership Benefits supplied thereunder.

 

12. AUSTRALIAN CONSUMER LAW CONSUMER GUARANTEES
Without limitation to any other provision of this Agreement, the services supplied by IPG Australia Rewards Club come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure in the provision of such services and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services to be rendered again if such services fail to be of acceptable quality and the failure does not amount to a major failure. Any claim in respect of defective, nonconforming or deficient services must be made in writing within 10 days of the delivery of such service, unless otherwise accepted by IPG Australia Rewards Club.
 
13. INDEPENDENT ADVICE
You warrant that you have sought or had the opportunity to seek Independent legal, financial, accounting advice or such other professional advice in respect of the IPG Australia Rewards Club as you deem necessary prior to entering this Agreement.
 
14. PRIVACY
IPG Australia Rewards Club takes the privacy of its members of the IPG Australia Rewards Club seriously. Any personal information collected from you by IPG Australia Rewards Club will be subject to IPG Australia Rewards Clubʼ s Privacy Policy.
 
15. STATEMENTS
You will refrain from directly or indirectly, making, causing, aiding or permitting, the publication, or communication of any negative, disparaging or prejudicial comment, statement or expression concerning IPG Australia Rewards Club and/or its services.
 
16. BUILDING DEPOSIT GUARANTEE
In the event that a building deposit is permanently lost due to the insolvency or bankruptcy of the builder, IPG Australia  Pty Ltd will provide a replacement deposit of equal or lesser value to the lost deposit provided that you enter into a building contract with a new builder approved by IPG Australia  and you provide a written authority (in a form acceptable to IPG Australia ) directing that any amounts recovered from the insolvent builder or an applicable policy of insurance must be paid to IPG Australia  in order to reimburse it for the replacement deposit.
 
17. FAMILY REWARDS BENEFITS
For a discounted fee of $1000, immediate family members are entitled to all IPG Australia Rewards Club Benefits on all properties purchased through IPG Australia Rewards Club during the term of this Agreement.
 
18. ENTIRE AGREEMENT
This entire booklet, including the IPG Australia Rewards Club Benefits constitutes the whole of the agreement between the parties and the parties expressly declare that no further or other covenants agreements provisions or terms shall be deemed to be implied in the IPG Australia Rewards Club Agreement. Both parties agree and acknowledge that the terms and conditions of this IPG Australia Rewards Club Agreement are fair and reasonable in all the circumstances. If any part of this Agreement is void or unenforceable, that part must be severed or read-down to the minimum extent that is necessary to make it valid and enforceable and that variation will affect no other part of this Agreement.
 
19. SURVIVAL
Your obligations under this IPG Australia Rewards Club Agreement will survive the expiration or termination to the extent required for their full observance and performance..
 
20. WAIVER
The failure of either party at any time to insist on performance of any of the provisions of this IPG Australia Rewards Club Agreement is not a waiver of its right to insist upon performance of that or any other provision of this IPG Australia Rewards Club Agreement at a later time. Any waiver of right to insist upon performance must be made in writing.
 
21. NOTICE
A notice consent or other communication under this IPG Australia Rewards Club Agreement is only effective if it is in writing and received by email to admin@ipgaustralia.com.au
 
22. TIME IS OF THE ESSENCE
Time is of the essence in the performance of all duties and obligations and will be strictly enforced.
 
23. GOVERNING LAW
This IPG Australia Rewards Club Agreement is governed by the laws of Victoria, Australia and the parties irrevocably and unconditionally submit to the jurisdiction of the courts of Victoria, Australia.
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