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Terms of Use

This Site is operated and owned by Joslin Enterprises Pty Ltd as trustee for Big Rock Trust and trading as The Australian Expat Investor (“Australian Expat Investor”). Your access to and use of the Site is subject to these Terms of Use. Use of the Site indicates your acceptance of these Terms of Use. We may update these Terms of Use from time to time, and your continued use of the Site constitutes acceptance by you of any updates. Please read these Terms of Use carefully before using the Site.

  1. Definitions

In these Terms of Use the following words and phrases shall have the following meanings, unless the context otherwise requires:

  • “Australian Expat Investor” means Joslin Enterprises Pty Ltd as trustee for Big Rock Trust and trading as The Australian Expat Investor;
  • “Courses” means any publications, guides, videos, documents or other content published on the Site which you must pay to access;
  • “Intellectual Property” means but is not limited to all present and future rights conferred by statute, common law or equity in or in relation to any copyright, trade marks, designs, patents, circuit layouts, software, business and domain names, inventions and other results of intellectual activity related to or connected with the Site including:
    • information or data, source codes and other information technology relating to or connected with the Site;
    • books and records relating to or connected with the Site;
    • advices (including without limitation verbal advices) relating to or connected with the Site;
    • marketing information relating to or connected with the Site;
    • technical information, including trade secrets, drawings, Designs, plans, encryptions, codes and Site descriptions and information relating to or connected with the Site; and
    • ideas or models relating to or connected with the Site, even if not reduced to material form;
  • "Moral Rights" means:
    • a right of attribution of authorship; or
    • a right not to have authorship falsely attributed; or
    • a right of integrity of authorship; or
    • a right of a similar nature;

which is conferred by statute, and which exists or comes to exist anywhere in the world in a deliverable form comprised within this Agreement;

  • “Site” means austexpatinvestor.com, australianexpatessentials.com and all parts and pages of it, including any Courses;
  • “Software” means the software owned or licensed by Australian Expat Investor which forms part of the Site and includes any software which is required by, relevant to, or used in conjunction with the Site including but not limited to all object and source codes, copyright, inventions, discoveries, novel designs whether or not registrable as designs or patents, including any invention of or development or improvements to equipment, technology, methods or techniques relating to the software;
  • “us” means Australian Expat Investor  and ‘we’ or ‘our’ shall be interpreted accordingly;
  • "you" means the person or entity that accesses the Site and ‘your’ shall be interpreted accordingly.
  1. Access
    • Your use of this Site is by non-exclusive licence granted by Australian Expat Investor strictly in accordance with these Terms of Use.
    • You acknowledge and agree with Australian Expat Investor that you will not, as a result of being granted a non-exclusive licence, acquire any rights (including without limitation Intellectual Property Rights) in the Software or the Site other than the non-exclusive rights granted in accordance with these Terms of Use.
    • The Site is available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law. Without limiting the foregoing, our services are not available to and may not be used by persons under 18 years of age. If you do not qualify, please do not use our services.
    • In order to use this Site, you require the equipment and connections necessary to access the World Wide Web. Without limitation, you are responsible for:
      • the provision of any such connection or access to the World Wide Web;
      • the payment of any fees associated with such connection or access (such as those charged by an internet service provider or other online service); and
      • the provision of all equipment necessary for you to make any such connection to the World Wide Web, including a computer and a modem.
    • The Site is intended for use by Australians who are living abroad or are intending to live aboard. We have used our best endeavours to ensure that the Site complies with Australian laws. However, the Site is not appropriate for reliance by people other than Australians.
  2. Registration
    • This registration clause is only applicable if Australian Expat Investor requires you to register use the Site or any part of it from time to time.
    • Requirements for Registration
      • You must be legally able to form binding contracts to use this Site.  This means you must not register for the Site if you under 18 years of age, an undischarged bankrupt, or under any type of insolvency, administration or other insolvency event where you are a company.
    • Registration Process
      • You must register your details with us to use this Site which will create an account.  This account will be your account for use of the Site (“your Account”).
      • We may charge you a fee to register your account.
      • You must not use false or misleading information in registering or using the Site and you must update your details should they have changed from the last time you used the Site.  We are not responsible for any loss or damage (including misdirected deliveries or notifications) which may occur because you have not provided us with up to date, accurate or complete information.
      • You must choose a username and password when registering your Account.  You are responsible for the security of your username and password and we will assume that anyone using your Account is authorised by you.  Under no circumstances will unauthorised access and use of your Account reduce your liability in connection with the Site.  This includes your obligation to purchase Site which may result from use of your username and password.
      • You must notify us immediately if you become aware of any unauthorised use of your Account or other security breach which we may consider relevant.
      • You permit us to send you notifications by email of the status of any delivery, a copy of your invoice and any other marketing or promotional events and offers.  We will refrain from sending you marketing related materials, including special offers, if you tell us you do not wish to receive these communications when you complete your registration online.  We may additionally request that you participate in customer feedback from time to time so that we can improve the Site to you.
      • We accept no liability for any loss or damage incurred if you do not receive any notifications by us to you, for whatever reason.
      • You may request that your account be closed by emailing us. Your account will be closed if you have paid everything you owe to us in cleared funds and all transactions have been completed.
    • Transmissions to Site
      • You are solely responsible for transmissions to our Site when using your account or when the Site is accessed by someone using your Account.
  1. Courses
    • The sale price of our Courses will be as shown on the Site or as notified by us by other means.  The sale price will be exclusive of any goods and services or value added taxes unless otherwise stated.
    • Whilst we do our very best to ensure that the prices shown on the Site at all times are accurate, we will confirm during the acceptance process of your order whether the price shown on the Site is the correct price, and if it is not the correct price we will contact you and ascertain whether or not you wish to continue to proceed with your order at the correct price for the Course.
    • You will be required to pay for a Course at the time you select it through the Site by the payment means specified on the Site.
    • We offer a 14 day money back guarantee, which means that if within 14 days of your purchase of a Course you no longer wish to have access to the Course, we will give you a full refund of the amount paid by you to us for that Course.
    • Unfortunately given the nature of the Courses, once you have paid for access to a Course and the 14 day money back period has expired, we are unable to give you a refund of any amount paid.
    • By purchasing a Course in accordance with this clause 4, you will be granted a non-exclusive, non-transferable single licence to access the Course you have paid for, for your personal use only. You must not copy, republish, frame, distribute, transmit, rent, lease, loan, sell, licence or sublicense the Course or any content within a Course or any part thereof without our prior written consent. Only you may access the Course.
    • When you purchase a course you will be required to use the email address you provided to us during the purchase to access the Course. This email address may not be changed and no other email address may be used to access the Course.
  2. Facebook Group
    • In the event you purchase access to a Course in accordance with clause 4, you may be granted access to a closed Facebook discussion group established by us that relates to the Site (“Facebook Group”).
    • Only one Facebook user will be given access to the Facebook Group for each Course purchase. We will only grant access to the Facebook Group a Facebook user with the same name as the person who purchased the relevant Course.
  3. System Integrity & User Conduct
    • You must not use the Site to:
      • impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;
      • input, upload, post, disclose or transmit any material that is defamatory, obscene, indecent, lewd, pornographic, violent, abusive, insulting, threatening, harassing or misleading or deceptive;
      • input, upload, post, disclose or transmit any material which is subject to Intellectual Property Rights of Australian Expat Investor or any third party or breaches any duty of confidence or contractual obligation owed to Australian Expat Investor  or any third party;
      • input, upload, post, disclose or transmit any material that is unlawful or violates any law;
      • send junk, obscene, indecent, offensive or threatening electronic mail or electronic mail in contravention of the Spam Act 2003 (Cth) to any person or company;
      • download and store electronically, reproduce, transmit, display, copy, distribute or use the Software or any materials contained in the Site;
      • upload any files that contain viruses, Trojan horses, worms, time bombs, corrupted files or any other similar software or programs that may damage the operation of the Site or another’s computer or property of another;
      • sub-license, rent, lease, transfer or attempt to assign the rights in the Site or the Software to any other person and any dealing in contravention of this sub-clause shall be ineffective;
      • falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of the Site;
      • conduct, display, or forward surveys, contests, pyramid schemes, or chain letters;
      • interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
      • attempt to gain unauthorised access to the Site or computer systems or networks connected to the Site through any means;
      • commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
      • collect, store, input, upload, post, disclose or transmit personal information or data about others, including, without limitation email addresses; or
      • breach the Privacy Act 1988 (Cth) as amended, or the National Privacy Principles;
      • contravene or breach any applicable state, Commonwealth or international law, convention or regulation.
    • You acknowledge and agree that you must not:
      • use the Site for any purpose other than the purpose for which it was designed and intended;
      • commit or permit any act which may interfere with the use of the Site by any other user;
      • tamper with, hinder the operation of or make unauthorised modifications to the Site or any part thereof;
      • damage or modify the Software or the Site or any part thereof;
      • reverse engineer, decompile or disassemble the Software or the Site or any part thereof;
      • copy, republish, frame, download, transmit, rent, lease, loan, sell, distribute, licence or sublicense the Software or any content within the Site or any part thereof; or
      • modify, alter, adapt, disassemble, reverse engineer, decompile or amend the Software or any content within the Site or any part thereof in any way.
    • You must not without prior written consent of Australian Expat Investor which shall be given, given with conditions or withheld at Australian Expat Investor's absolute discretion affix or otherwise display your name or logo on the content of the Site or any other website in a way that suggests a direct or indirect association with Australian Expat Investor and/or any content provider to the Software or the Site.
  4. Links & Advertising
    • This Site may contain links to third party websites, or information and materials provided by third parties such as accountants. Those websites and information are not under the control of Australian Expat Investor and Australian Expat Investor is not responsible for the content of the links contained in those websites or information. We may receive a commission in the event you click on certain third party links contained on the Site and purchase the products/services of the third party.
    • Neither Australian Expat Investor nor its officers, directors, employees, agents, or related bodies corporate recommend or endorse the content of any third party websites or any information provided by third parties which may be linked to or from, or contained in, the Site, or Site or services of any third party organisations mentioned or described on this Site or linked to or from this Site. You acknowledge that you enter any third party websites at your own risk.
    • The Site may contain advertisements for third parties' goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Australian Expat Investor nor its officers, directors, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Site, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order Site or service advertised by a third party on the Site, you do so at your own risk.
    • You must not link the Site from any other website not owned or operated by Australian Expat Investor without prior written consent from Australian Expat Investor.
    • Commission - We may receive a commission by generating leads for financial institutions or other companies. A lead is generated when our users visit a financial institution’s or other company's website via a link from The Australian Expat Investor. In these circumstances, we may get paid either for that click itself, or for you “doing something” with the institution – for example, completing an application form, obtaining a quote, or confirming purchase of the financial product on the institution’s website.
  5. Intellectual Property Rights
    • The Courses, information, names, text materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Site (the "Content") is protected by Intellectual Property Rights.
    • The Content, the Software and the Site are protected by Intellectual Property Rights. You acknowledge that Australian Expat Investor is the owner of these rights or has the rights to use these rights.
    • You acknowledge and agree that no right, title or interest in any of the Intellectual Property Rights in the Content, the Software or the Site is transferred or granted to you, other than the rights granted expressly by these Terms of Use.
    • You agree that:
      • Any Intellectual Property Rights created, formulated or discovered by you through the use or access to the Software or the Site will be the sole and exclusive property of Australian Expat Investor;
      • You will promptly sign all documents and do all things necessary to register, vest or transfer any interest or ownership in the Intellectual Property Rights created under to us.
    • The Australian Expat Investor logo and name are owned by us, and may not be used as part of your business or in connection with any goods or services without the prior written consent of Australian Expat Investor which shall be given, given with conditions or withheld at Australian Expat Investor's absolute discretion.
  6. Moral Rights
    • To the extent that Moral Rights exist in any thing produced or provided to you by Australian Expat Investor in the course of the provision of the Site, you acknowledge that those Moral Rights vest in Australian Expat Investor.
    • Any publication in respect of the Site by you must attribute Australian Expat Investor, whether the provision of the Site is complete or otherwise. The form of attribution must be approved by Australian Expat Investor prior to the publication, and Australian Expat Investor may approve, disprove, or approve the publication subject to conditions (such as alterations and additions) in its sole discretion.
  7. Relationship
    • Your use of the Site or your completion of any forms or tables on the Site does not automatically create a relationship of any sort between you and Australian Expat Investor, including that of client and agent.
  8. Information Provided and Privacy
    • The following applies to any information that you provide to Australian Expat Investor:
      • You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, including, but not limited to, your name, company or business name, email address and postal address (‘the Personal Information’), to the extent reasonably necessary for the provision of any goods and services requested by you.
      • You must ensure that the Personal Information you provide to us and that all registration details (where applicable) contain your correct name, address, e-mail address and other requested details.
      • By accepting these Terms of Use, you agree to the processing and disclosure of the Personal Information for the purpose of us providing the goods and services requested by you. If you would like to review or modify any part of your Personal Information then you should contact us.
      • For further information as to how we deal with your Personal Information, please see our Privacy Policy.
  1. No Financial or Tax Advice
    • The ideas and opinions expressed on the articles, blogs, information, discussion and other content contained on the Site (including in Courses and in the Facebook Group) are our views.
    • The Courses are provided for educational purposes only and are not and should not be con­strued as financial or tax advice. As the Courses are not advice and have been prepared without taking into account your objectives, financial situation or needs you should, before acting on any Courses, consider its appropriateness for your circumstances. Independent advice should be obtained from an Australian financial services licensee before making investment decisions. Independent advice should be obtained from a Registered (Tax) Financial Advisor in relation to the taxation implications of living abroad.
    • Noth­ing con­tained in the Courses is intended to estab­lish an advisor-client relationship between us and you, to replace the ser­vices of an Australian financial services licensee, Registered (Tax) Financial Advisor/accountant, or oth­er­wise to be a sub­sti­tute for pro­fes­sional financial and taxation advice.
    • You should not rely on any infor­ma­tion con­tained in the Courses or linked or referred to mate­ri­als or websites in mak­ing investment, taxation or other deci­sions.
  2. Warranties
    • Australian Expat Investor does not warrant that:
      • The Software or the Site will provide any function for which it is not specifically designed;
      • The Software or the Site will provide any minimum level of performance;
      • The Software or the Site will be virus free or free of performance anomalies or be operational without interruption.
    • You warrant to us that at the time of entering the Site, you were not relying on any representation made by us.
    • Except as expressly provided to the contrary, and to the extent permitted by law, We make no representations or warranties of any kind, express or implied as to the operation of your access to or the results of your access to the Software or the Site (including any related or linked websites) or the correctness, accuracy, timeliness, or completeness or reliability of the information, content, materials or Site included on the Site.
    • For the avoidance of doubt we may update the Courses from time to time without notice. We make no warranties or representations that we will update any Courses during your period of access to the Courses. The accuracy of the content of the Courses may change without notice.
    • You will be granted access to a Course you have paid for in accordance with clause 4 for as long as the Site, including the relevant Course remains available online. Our intention is for the Site, including all Courses, to always remain available in the future however we are unable to make any guarantees in respect of this. In the event the Site will not remain operational during any access period, we will use our best endeavours to give you prior written notice of any outage in order to allow you to download the content in the Course you have purchased.
    • The Facebook Group is provided as a support forum for members to share experiences and help each other with the unique issues facing Australian Expats. It is not an appropriate forum for obtaining or seeking personal financial or taxation advice, and you acknowledge and agree:
      • You will not seek to obtain personal financial or taxation advice when using the Facebook Group;
      • The Facebook Group and/or your access to the Facebook Group may be suspended without notice by us in the event you breach these Terms of Service or we determine that the Facebook Group will no longer be provided;
      • Your access to the Facebook Group is subject to these Terms of Use as if the definition of the term “Site” included the “Facebook Group”;
      • Clause 12 applies to any comments by us in the Facebook Group;
      • You must agree to and abide by any rules posted by us in the Facebook Group for time to time;
      • Without limitation to clause 13(f)(v), you must not use the Facebook Group to promote any business or other thing; spam any person; provide links to affiliates/third parties; abuse or put down members, or publish any offensive language.
  1. Disclaimer and Limitation of Liability
    • Please note that the information provided through Courses/on the Site necessarily simplifies the complex matters to which its relates, and should be taken as general advice only and therefore should not be relied upon as it does not take into account your circumstances.
    • The Site and Courses is opinion only and has been con­sid­ered in the con­text of cer­tain circumstances and sub­ject to assump­tions that can­not nec­es­sar­ily be applied to an indi­vid­ual case or par­tic­u­lar cir­cum­stance. Courses may not and should not be used or relied upon for any pur­pose.
    • The Site is provided without any representations or warranties, express or implied.
    • The Site is provided by us on a general "as is" basis only. Neither us nor any related entities (as that term is defined in section 9 of the Corporations Act 2001 (Cth)), officers, directors, agents, employees, contractors or suppliers make any representation or warranty, express or implied, as to the quality, fitness for purpose, currency, accuracy, reliability or completeness of the Site/Courses provided and none of those persons or entities accepts any responsibility or liability for any reliance placed on the Site by any person. The Site/Courses do not purport to be comprehensive or to contain all the information, designs, considerations and advice you may desire or require in respect of their subject matter.  You should make your own enquiries and obtain your own independent advice in relation to the information provided through the Site/Courses before making any decision or taking any action based on the same.
    • To the maximum extent permitted by law, we and any related entities (as that term is defined in section 9 of the Corporations Act 2001 (Cth)), officers, directors, agents, employees, contractors and suppliers will not be liable to you for any loss, liability, cost, charge, expense, or damage of any nature whatsoever, including any special, incidental, exemplary, compensatory or consequential losses, (whether or not foreseeable) (howsoever arising or caused, including, without limitation, negligence) ("Loss"):
      • suffered or incurred by any person relying or acting on any matter in connection with the provision of the Site/Courses, including any written or oral opinions, advice or information provided by us; or
      • arising as a result of or in connection with the Site/Courses in any way or by reason of any reliance thereon by any person;

and whether caused by reason of any negligence, accident, default or however otherwise caused.

  • Australian Expat Investor may change any of the material on the Site at any time without notice.
  • Australian Expat Investor makes no commitment to update any material on the Site.
  • You are responsible for assessing the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of the material on or accessible through the Site.
  • You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use of the Site or the material on or accessible through the Site.
  • If any warranties or conditions which cannot be excluded by law and are implied under the laws of any State or Territory or any similar law, our liability for a breach of any such warranties or conditions is limited, to the maximum extent permitted by law, to the costs of purchasing a Course.
  • You release Australian Expat Investor and its officers, directors, employees, agents or related bodies corporate from its liability for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, punitive or consequential losses or damages arising out of the use or inability to use or reliance on the material or information available on or accessible through the Site, even if Australian Expat Investor has been advised of the likelihood of such damages and whether or not caused by any negligent act or omission.
  1. Indemnity
    • You agree to indemnify and hold harmless Australian Expat Investor, and its officers, directors, shareholders, employees, consultants, agents, and related bodies corporate from and against all losses, damages, expenses and costs (including solicitor client costs on a full indemnity basis) and all third-party claims, liability, losses, damages, expenses and costs arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified in relation to or in connection with your use of the Site or the Software or your failure to comply with these Terms of Use, or from your violation of any applicable law.
  2. Upgrades
    • You acknowledge and agree that these Terms of Use apply to updates, supplements, add on components, or internet based services components of the Software and the Site together with any other terms along with the update, supplement, add on component or internet based services components which Australian Expat Investor provides.
    • Australian Expat Investor reserves the right to discontinue any internet based services provided to you or made available to you through the use of the Software and the Site at any time.
  3. Breach and Termination
    • If Australian Expat Investor reasonably considers that you are using the Site in breach of these Terms of Use, Australian Expat Investor reserves the right to remove any infringing data, file, content or material from the Site and Australian Expat Investor shall have no liability to you.
    • Australian Expat Investor reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that Australian Expat Investor believes, in its sole discretion:
      • violates any term or provision of these Terms of Use or any other terms or policies of Australian Expat Investor in place from time to time; or
      • violates the rights of Australian Expat Investor or any third party; or
      • is otherwise inappropriate for continued access and use of the Site.
    • Australian Expat Investor may terminate your right to access to, or use of, all or part of the Site, immediately on written notice to you if you:
      • commit a material breach of these Terms of Use, which is capable of remedy, and you fail to remedy the breach within a reasonable time of a written notice to do so; or
      • commit a material breach of these Terms of Use which cannot be remedied; or
      • are repeatedly in breach of these Terms of Use; or
      • are the subject of a bankruptcy order, or become insolvent, or make any arrangement or composition with or assignment for the benefit of your creditors, or if you go into voluntary (otherwise than for reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over your assets.
    • On termination or expiry of this Agreement your right to use the Site shall cease.
    • Termination of your access to the Site shall be without prejudice to the rights of the parties accrued before termination. All restrictions imposed on you, disclaimers and limitations of liability set out in these Terms of Use will survive termination.
  4. General
    • Australian Expat Investor may from time to time amend, update, or change the Site, including these Terms of Use, without prior notice.
    • Australian Expat Investor shall not be liable by reason of the failure in the performance of obligations under the Terms of Use by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of Australian Expat Investor, including any form of technological failure or the actions of third parties.
    • These Terms of Use constitute the entire agreement between you and Australian Expat Investor with respect to this Site, and the Terms of Use replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Site.
    • No oral explanation or information provided by a party to another affects the meaning or interpretation of this Agreement or constitutes any collateral agreement, warranty or understanding.
    • If any provision of these Terms of Use is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms of Use shall remain in full force and effect.
    • The failure by Australian Expat Investor to insist upon or enforce strict performance of any of these Terms of Use will not be construed as a waiver of any right or remedy of Australian Expat Investor in respect of any existing or subsequent breach of these Terms of Use.
    • No waiver by a party of a provision of this Agreement is binding unless made in writing.
    • The law of the Netherlands govern these Terms of Use. You hereby consent and submit to the non-exclusive jurisdiction and venue of the Courts of the Netherlands for any cause of action relating to or arising under these Terms of Use.
    • Where possible, the obligations of the parties under this Agreement will indefinitely survive the finalisation or discontinuance of this Agreement.
    • This Agreement shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
    • The parties must execute and deliver all documents and must do all things as are necessary for the complete performance of their respective obligations under this Agreement.
    • The rights and remedies of a party to this Agreement are in addition to the rights or remedies conferred on the party at law or in equity.
    • The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.