1. What you are buying

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Products

 

1.1 Each Product describes one or more property projects that OceanDelta has completed, managed or been involved in, or general information about property development. It may include purchase prices, construction costs, holding costs, taxes and government charges, sale prices, rental income, timelines, and commentary on lessons learned.

1.2 Products are delivered electronically, usually as a download link after your payment clears. Download links may expire, so please save your copy.

1.3 Buying a Product gives you access to the information described on its product page. It does not include any further consultation, review, correspondence or service unless the product page says so or we agree in writing.

 

Sessions

 

1.4 Each Session is delivered online unless its booking page says otherwise. Its length, scope, inclusions, any written material we provide afterwards, and when we aim to provide it, are as stated on its product or booking page at the time you book.

1.5 Sessions by application. Some Sessions are offered by application. We review each application and may accept or decline it. If we decline, you will not be charged, or we will refund any amount you have paid in full.

1.6 Any written plan or other material we provide after a Session is based on the information you give us before and during the Session.

1.7 Rescheduling and cancellation. Unless the booking page states different terms: you may reschedule a Session once, free of charge, with at least 48 hours’ notice; if you cancel with at least 48 hours’ notice, we will refund the Session price; if you cancel with less than 48 hours’ notice, or do not attend, the Session is forfeited, except where clause 9.2 applies. If we need to reschedule, we will offer you a new time or a full refund.

Free Content

1.8 Free Content is general education only, and clauses 2, 3, 4, 6, 7 and 10 apply to it as they apply to Products. We may change the date, time, format or content of any webinar or other free event, or cancel it. Webinars may be recorded, and questions you post in a webinar chat may be read out or appear in the recording; please don’t share personal or financial details there.

 

2. Education and general guidance — not advice

 

2.1 Every Product, Session and piece of Free Content is general information and education only. It has been prepared without considering your objectives, financial situation, needs, borrowing capacity, tax position or risk tolerance.

2.2 Nothing in any Product, Session or Free Content is, or should be taken as:

1. financial product advice, investment advice or financial planning advice;

2. tax or accounting advice, including advice on GST, income tax, capital gains tax, land tax or stamp duty;

3. legal advice, including on contracts, planning law, strata or subdivision;

4. credit or lending advice, or an assessment of your borrowing capacity; or

5. a recommendation to buy, sell, develop, hold or finance any specific property.

2.3 Figures shown for tax, GST, duty, levies, contributions, interest or profit relate to the specific project, entity structure and time period described. They are illustrative only and may not be used for tax, accounting, lending or financial-planning purposes.

2.4 Before you make any property, development, finance or tax decision, you should get independent professional advice from a suitably qualified accountant, tax adviser, solicitor, licensed financial adviser, mortgage broker, town planner, engineer or builder, as relevant.

2.5 Sessions. A Session is education and general planning guidance. We discuss the goals, budget and other information you give us to help you plan and to prepare questions for your own advisers. Any borrowing figure used in a Session is one you provide, or obtain from your own mortgage broker; we do not assess your borrowing capacity or suggest any credit product. Unless its booking page says otherwise, a Session does not include an assessment of any specific site, or planning or design advice.

2.6 We do not verify the information you give us. Any plan, range, timeline or checklist from a Session depends on that information being complete and accurate.

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3. Past performance

 

3.1 Past performance does not represent or guarantee future profitability. The results in any Product, Session or Free Content are historical. They reflect the conditions at the time, including land prices, construction costs, interest rates, lending policy, planning rules, taxes, buyer demand and rental demand, that may no longer apply.

3.2 A result achieved on one project does not mean the same or a similar result can be achieved on another project, in another location, at another time, by another person, or with a different entity or financing structure.

3.3 Any projection, estimate, forecast, rule of thumb or opinion in a Product, Session or Free Content is a statement of opinion at the time it was given. It is not a promise or prediction of any outcome.

3.4 Site details such as block size, frontage and approval pathway describe the specific project only. That project was approved under the planning rules and approval pathway in place at the time. A site of similar size, frontage or location may not qualify for the same pathway, or for any approval. Eligibility depends on zoning, council controls, site constraints (including flooding, bushfire, heritage and easements) and planning rules, all of which can change.

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4. Market volatility and unforeseeable events

 

4.1 Property markets are volatile. Values, rents, construction costs, interest rates, lending conditions and buyer demand can move quickly and without warning. Property values can fall as well as rise.

4.2 Property development carries significant risks, including but not limited to:

1. changes to interest rates, credit availability and lender valuations;

2. changes to planning controls, zoning, approval pathways, contributions, levies and government policy;

3. changes to tax law, including negative gearing, capital gains tax, GST, stamp duty and land tax;

4. construction cost increases, material or labour shortages, and variations;

5. builder, contractor or consultant insolvency, delay or default;

6. site conditions, including contamination, asbestos, flooding, geotechnical, services and easement issues;

7. delays in approvals, certification, utility connections, subdivision and title registration;

8. weather, natural disasters, pandemics and other events outside anyone’s control; and

9. economic downturns and changes in buyer or tenant demand.

4.3 Any of these, or other unforeseeable events, may materially change the cost, timing, value or profitability of a project, and may result in a loss, including a loss of all capital invested.

 

5. No engagement as your agent, and no promise about our services

 

5.1 Buying a Product or Session, or receiving Free Content, does not create an agency, fiduciary or client relationship for any property transaction between you and OceanDelta. OceanDelta does not act as your buyer’s agent or represent you in any transaction because of it.

5.2 Buyer’s agency and development management are not covered by these Terms. They are only provided under a separate written agreement signed by both parties, including the agency agreement required under the Property and Stock Agents Act 2002 (NSW). The terms of that agreement, not these Terms, govern that service.

5.3 The projects described in any Product, Session or Free Content are presented as examples only. No Product, Session, Free Content or other service OceanDelta provides, including buyer’s agency and development management services, represents, warrants or guarantees that you will achieve the same, a similar or any profit, return, growth, yield, timeline or outcome. Each service is limited to the scope set out on its product or booking page or in its written agreement, and investment and development outcomes remain your responsibility and risk.

5.4 You are responsible for your own due diligence, decisions and outcomes.

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6. Accuracy of information

 

6.1 We prepare each Product and our Free Content in good faith from our own project records and information available to us at the time. Figures may be rounded, grouped, simplified or estimated. Some costs may be allocated between categories for presentation. Construction, finance and holding costs reflect the owner’s own circumstances, including their builder, contract, entity structure and financing, and may differ from what you would pay.

6.2 To the extent permitted by law, we do not warrant that any Product or Free Content is complete, accurate, current or suitable for your purposes. We may update Products and Free Content without notice, but we are not obliged to.

6.3 Names, addresses and identifying details of clients, owners, tenants and third parties may be withheld, changed or anonymised to protect privacy.

6.4 If you believe a Product contains an error or omission, please email terry.cui@OceanDelta.com.au. We will review it and, where appropriate, correct it.

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7. Licence and intellectual property

 

7.1 All content in each Product, any written plan or material we give you in or after a Session (“Session Material”), and all Free Content, is owned by, or licensed to, OceanDelta and is protected by copyright.

7.2 When you buy a Product or Session, you get a personal, non-exclusive, non-transferable licence to download, read and print one copy of the Product or Session Material for your own personal use. You may share Session Material with your own accountant, solicitor, mortgage broker or financial adviser for the purpose of getting their advice.

7.3 Otherwise, you must not copy, share, resell, republish, upload, distribute, record, adapt or use any Product, Session Material or Free Content, or any part of it, for commercial purposes, training, courses, seminars or content, without our prior written consent.

7.4 Products may be marked “Licensed for personal use only”.

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8. Pricing, payment and promotions

 

8.1 Prices are in Australian dollars and include GST. OceanDelta is registered for GST, and a tax invoice is issued for each order.

8.2 Payment is processed by our third-party payment providers. We do not store your full card details.

8.3 Prices and promotions are as shown on our website, or in the email or offer, at the time you buy or book. We may offer promotions from time to time, such as discounts, bonuses, bundles, deadlines or a credit for one purchase against another. Each promotion is subject to the terms stated with that offer, may be changed or withdrawn at any time, and does not form part of these Terms unless expressly stated.

 

9. Refunds

 

9.1 Because Products are digital and are delivered immediately, we do not generally offer refunds for change of mind once access has been provided. Refunds for Sessions are set out in clauses 1.5 and 1.7.

9.2 Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. If a Product is faulty, is not as described, or cannot be downloaded, or a Session is not provided with due care and skill, contact us at terry.cui@OceanDelta.com.au and we will fix it, replace it, provide it again or refund you as required by law.

 

10. Limitation of liability

 

10.1 To the maximum extent permitted by law, OceanDelta, its directors, employees and contractors are not liable for any loss or damage, whether direct, indirect or consequential, including loss of profit, loss of opportunity or loss of capital, arising from your use of or reliance on any Product, Session, Session Material or Free Content, or any decision you make after it.

10.2 Where our liability cannot be excluded but can be limited, it is limited, at our option, to supplying the Product or Session again or refunding the price you paid for it.

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11. Privacy

 

11.1 We collect and use your personal information to process your purchase, booking or registration, deliver the Product, Session or Free Content, issue your invoice and contact you about it. We may also send you information about OceanDelta products, services and events, and you can unsubscribe at any time. We handle personal information in line with our Privacy Policy at oceandelta.com.au/privacy-policy.

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12. Concerns and disputes

 

12.1 If you have a concern about a Product or Session, please contact us first at terry.cui@OceanDelta.com.au with the details, so we can clarify it or put it right. We will acknowledge your concern within 5 business days and work with you in good faith to resolve it, for example by explaining, correcting, replacing or supplying the Product or Session again, or refunding you.

12.2 If we cannot resolve your concern within 30 days of receiving it, either of us may propose mediation, and you may also contact NSW Fair Trading or apply to the NSW Civil and Administrative Tribunal (NCAT).

12.3 Nothing in these Terms stops you from making a complaint to a regulator, exercising your rights under the Australian Consumer Law, or sharing an honest review or opinion of your experience. We simply ask that you give us the chance to address your concern first.

 

13. General

 

13.1 We may update these Terms from time to time. The version published at the time of your purchase, booking or registration applies to it.

13.2 These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of its courts.

13.3 If any part of these Terms is found to be invalid or unenforceable, the remaining parts continue to apply.

13.4 Questions about these Terms, your order or your booking: terry.cui@OceanDelta.com.au