Terms & Conditions

1. Introduction

(a) The Rise High Investor assists people with investing in property by providing property investment plans and, if requested, additional membership services.

(b) These terms and conditions apply to:

1. your purchase of a Property Investment Plan; and
2. any subsequent purchase of a Membership that you may make.

2. Definitions

In these terms and conditions:

(a) ‘Australian Consumer Law’ means Schedule 2 of the Competition and Consumer Act 2010 (Cth);

(b) A reference to ‘the Rise High Investor’, ‘RHI’, ‘we’, ‘us’ or ‘our’ is a reference to Rise High Investor Pty Ltd ACN 618 021 220;

(c) ‘Services’ means such of the services referred to in clause 3 of these terms and conditions that you purchase from RHI; and

(d) ‘you’ means the person purchasing the Services from RHI.

3. Services 

(a) The services provided by RHI under these terms and conditions are:

1. the preparation and delivery to you of a Rise High Investor Property Investment Plan (Property Investment Plan) as further described in clause 4; and
2. providing the benefits of a Rise High Rising Star Membership (as further described in clause 5), should you choose to purchase a Rising Star Membership (Membership).

(b) Rise High Investor will exercise reasonable care and skill when performing the Services.

4. Property Investment Plan

(a) By purchasing the Property Investment Plan, you will receive the following inclusions:

1. an initial meeting with one of our team members, during which you will share with us your financial objectives and certain information that we require to prepare the Property Investment Plan;
2. having regard to your financial objectives and based on the information you provide to us, we will use various tools and models, to produce a Property Investment Plan which we will then provide to you; and
3. a final meeting with one of our team members during which we will discuss with you the Property Investment Plan, and provide you with general guidance on how to implement the Property Investment Plan. 

(b) The meetings that we have with you will be held using a video conferencing system (for example Microsoft Teams), however if it is convenient for you, we may also offer to host the meetings in person at our head office.

(c) You acknowledge that, if your personal circumstances change and you would like RHI to update the Property Investment Plan to reflect the changes to your circumstances, RHI will charge an additional fee where substantial changes are required to update and reissue the Property Investment Plan, and you either have not purchased a Membership, or you have not held a Membership for a period of at least 6 consecutive months. Such additional fees will be notified to you in advance. 

Information we require from you

(d) In order to prepare your Property Investment Plan, you are required to complete our ‘Online Fact Find’, which will be emailed to you following your purchase of the Property Investment Plan.

(e) You acknowledge and agree that:

1. the Property Investment Plan is produced using financial and cash flow modelling which relies on the information that you provide us;
2. any guidance, recommendations, or indicative outcomes in the Property Investment Plan are heavily reliant on the information that you provide to us through our ‘Online Fact Find’ and during our initial meeting. This includes information about your income, expenses, assets, liabilities, future goals and future known changes to your circumstances;
3. we will rely on you providing information that is true and correct, in order to generate a suitable Property Investment Plan; and
4. we will not independently verify the information you provide to us, and your Property Investment Plan will be prepared on the assumption that the information you have provided is true and correct. 

Assumptions in the Property Investment Plan

(f) As the Property Investment Plan is produced using financial and cash flow modelling, we are required to make certain assumptions. These assumptions include, but are not limited to: property growth rates; rental income growth rates; interest rates; market trends; legislative provisions relating to residential tenancies and Australia’s taxation laws. 

(g) In addition to these assumptions, there are also other assumptions which we will make, which are summarised in (but are not limited to the assumptions in) your Property Investment Plan.

(h) You acknowledge that:

1.  if any of the assumptions do not materialise or are incorrect, this will impact the suitability of the Property Investment Plan and that we don’t guarantee that you following the Property Investment Plan will achieve the forecast results within the Property Investment Plan; and
2. we also cannot guarantee that you will achieve the predicted forecasts and results, in the event that the assumptions do materialise and are correct.

(i) The assumptions we make when preparing the Property Investment Plan include among other things, the assumptions referred to in clauses 4(f) and 4(g), the growth rates of rental incomes and property prices. Such assumptions can vary significantly from year to year but are more consistent when averaged over a longer term. For these reasons, you acknowledge that the Property Investment Plan is more suitable for investors seeking to implement a longer-term investment strategy (for example, investors with at least 15 years remaining until their desired retirement age). 

Financial, Tax and Accounting Advice 

(j) The Property Investment Plan is not a substitute for financial, taxation or accounting advice.

(k) You are responsible for seeking independent financial, taxation and accounting advice to determine whether the Property Investment Plan is a suitable strategy for your personal circumstances. 

5. Membership

(a) The Membership is available for purchase as a month-by-month mentoring program for persons that have previously purchased a Property Investment Plan.  

(b) Throughout your Membership period, you will receive the benefits of a Rise High Investor Rising Star Membership.  

(c) At the time we provide you with your Property Investment Plan, the benefits of the Membership will be described in the Property Investment Plan.

(d) We have the right to change or alter the benefits  from time to time, which as an example may include the availability of additional or substitute educational content, materials and other services. However, if we do so, we will advise you in advance of the changes.

(e) Whilst RHI will provide you with general guidance and support throughout the Membership, you are responsible for making decisions regarding the Property Investment Plan, and whether the strategies discussed with RHI in the course of the Membership are suitable for you. 

(f) You may cancel your Membership at the end of any calendar month by providing us with prior notice.

6. Fees 

(a) The fee for the Property Investment Plan is payable in advance and will be advised to you before you decide whether to purchase the Property Investment Plan.

(b) The monthly fee for your Membership will be set out in your Property Investment Plan. This fee is applicable at the time the Property Investment Plan is provided to you. 

(c) We have the right to change the fee for Membership from time to time, however if we do so, we will advise you in advance of the change. If you are unhappy with the changed fee, you may cancel your Membership in accordance with clause 5(f).

(d) You agree to pay the fees to us using a payment method that we advise from time to time.

7. 30 Day Satisfaction Guarantee

(a) We want to ensure that you are satisfied with the Property Investment Plan that we provide to you.

(b) If, within 30 days of receiving the Property Investment Plan from us, you notify us that you are not satisfied with Property Investment Plan, we agree to amend and provide you with an updated Property Investment Plan, at no additional cost, within 14 days.

(c) Any notice provided under clause 7(b) must:

1. be provided in the form of an email to either a team member of RHI or the email address [email protected];
2. set out the reasons that you are dissatisfied with the Property Investment Plan; and
3. be accompanied by evidence of the amount that you paid for the Property Investment Plan.

(d) If, within 14 days of us providing you with an updated Property Investment Plan in accordance with clause 7(b), you remain unsatisfied with the Property Investment Plan, we agree to refund you the fee that you paid for the Property Investment Plan.

8. Privacy

(a) You acknowledge that, when you purchase a Property Investment Plan you will be required to provide personal information to us, including through the ‘Online Fact Find’, and in your meetings with us.

(b) We will manage and collect your personal information in accordance with the applicable privacy legislation.

(c) You consent to us collecting your personal information and authorise us to use your personal information to the extent necessary to provide you with Services. 

(d) Without limiting the generality of clause 8(c), you authorise us to provide your personal information, a copy of your Property Investment Plan and any other information you supply to us through the Online Fact Find or during meetings with us, to your accountants, tax advisors, buyers agents, credit advisors or financial advisors should you or they request that we do so.

9. Intellectual property

(a) All intellectual property rights in relation to materials produced or made available by us in the course of providing the Services, or which are included on our website or social media, remains the property of RHI or its related bodies corporate or affiliates.

(b) You are permitted to use and view the materials provided to you by RHI (including the Property Investment Plan) for your personal use but you must not distribute, copy, modify, reproduce or reverse engineer the materials without our prior written consent.

10. Referrals and Commission

You acknowledge and agree that:

(a) in the course of providing Services that we may:

1. refer you to third party advisors or service providers, such as mortgage brokers or financial advisors; 
2. have relationships or agreements in place with such advisors or service providers; and 
3. collect or be entitled to a commission or referral payment, if you engage such advisors or service providers, and

(b) you may have been referred to us by a third party advisor or service provider that we have a relationship or agreement with, and in these instances, we may provide these advisors or service providers a commission or referral payment for the referral of your business.  

11. Disclaimer

(a) The Services provided by RHI are general in nature and consist of factual information and data outputs only. 

(b) The Services do not include any recommendations or comparisons of financial products and the Services are not financial advice. 

(c) You acknowledge that:

1. RHI does not provide specific taxation, legal, credit or financial advice or offer financial services as defined by the Corporations Act 2001 (Cth); 
2. RHI’s personnel are not financial planners, lawyers, accountants, credit advisors or tax advisors, and are not able to provide you with financial, tax, accounting or legal advice; and
3. RHI does not hold an Australian Financial Services Licence or an Australian Credit Licence, and that the Services do not require RHI to hold such accreditations; and
4. before purchasing an investment property or undertaking any action as a result of the Property Investment Plan, you should seek independent personal financial, legal and taxation advice from professionally qualified advisers that is tailored to your needs.

(d) All information (including the Property Investment Plan and any materials, worksheets or calculator tools) referred to, or provided to, you by RHI is for general information and guidance only. Such information is referred to or provided as a typical model or framework by way of example only, and is not intended to be, nor should you take it as, specific investment recommendations or financial advice to you.

(e) Whilst RHI may provide you with historical data relating to certain properties and locations, this information is not indicative of the future performance of the location or property. RHI cannot provide advice about which specific property to purchase or what location to purchase in as this is solely your decision. 

(f) You acknowledge that the value of any investment (including a property investment) can be volatile and may not be able to be predicted by market and property assumptions- including the assumptions referred to in clauses 4(f) and 4(g). For example, whilst your Property Investment Plan may show long-term growth as a linear even growth rate, such rate will be based on a long-term average growth assumption. In reality, changes in property values is not linear and is likely to vary from the yearly assumptions in the Property Investment Plan.

12. Liability 

1. Except to the extent required by any law (including the Australian Consumer Law), RHI makes no warranties or representation about the fitness for purpose or suitability of the Services. 
2. These terms and conditions do not exclude or limit the application of any statutory provision (including a provision of the Australian Consumer Law) where to do so would contravene that provision or cause any part of these terms and conditions to be void.
3. Except to the extent of any statutory rights that cannot be lawfully excluded RHI its officers, employees, agents and contractors will not be liable in any way to you for any losses, damages, liability, claims, expenses, loss of income, profits, or anticipated savings or loss of opportunity (irrespective of whether direct, indirect or consequential) from your use of, or in connection with, our Services. 
4. RHI’s liability to you will at all times be limited in aggregate to the amount paid by you to RHI for the Services.

13. General

1. These Terms and Conditions are governed by the laws of South Australia.
2. RHI may from time to time, update the terms and conditions applying to the Membership. If this occurs, we will provide you with advance notice of the changes. If you do not agree to the changes, you may cancel your Membership in accordance with clause 5(f).
3. If any part of these terms and conditions are unenforceable, such part will be severed from these terms and conditions, and the remaining parts will continue to apply.