Please take a moment to read our Terms and conditions.
The belowmarketvalue.com.au website (the "website") is owned by Below Market Value Pty Ltd ACN 134 053 759 ("BMV" hereafter)
The information contained on this website is of a general nature and is not intended as professional or legal advice to users. The website provides information about BMV and its products and services together with general information about real estate and the real estate business. BMV is not liable to users or others relying on the information on this website for any injury, loss or damage arising from the use or reliance on the information.
Customers bound by terms
BMV contracts for the supply of goods and/or services only subject to these terms and conditions and all terms and conditions in the customer's order or enquiries inconsistent therewith shall be of no effect. Access and use of this website is subject to these terms. By accessing or using this website, you agree to be bound by these terms.
BMV may, at its sole discretion, amend these terms without notice and you should regularly check these terms so that you are aware of any amendments. Use of this website after any amendments constitutes your acceptance of the terms as amended.
The terms and conditions herein shall constitute the entire agreement between BMV and any modification to these conditions will be binding only if it is evidenced in writing signed by a duly authorised representative of BMV and such evidence contains specific reference to those conditions being modified.
Registration onto this site shall be deemed as acceptance of these terms.
BMV reserves the right to decline any order, registration or subscription without cause at its sole discretion.
BMV disclaims to the maximum extent permitted by law all representations, warranties (express or implied, including but not limited to warranties of merchantability, fitness for purpose and/or non infringement.) regarding products, services, quantities, pricing, information, published on the BMV website, in BMV brochures or other documents or in any other form or location. To the extent permitted by law, BMV is not liable to you for any liability arising in relation to your use of this website and the material on this website (including in the case of negligence).
All information contained on this website is given in good faith and has been derived from sources believed to be accurate. However, the information is selective and BMV may not have verified the information, which may not be complete or accurate for your purposes. BMV makes no representation or warranty of any kind as to the accuracy or completeness of the information. It is general information only and should not be considered as a comprehensive statement on any matter and should not be relied upon as such.
Provision of the BMV products, services and information on this website and otherwise is on an "as is" basis without any express or implied warranties of any kind.
By use of our services, you agree to bear full responsibility for your own investment research and investment decisions. You also agree that BMV shall not be liable for any decision made or action taken based upon reliance on news, information, or any material published or provided by BMV.
Reservation fees are payable on reservation of a given property. The amount will be given at the time of launch. In the event that for any reason you do not proceed through to exchange, any reservation fees paid will be non-refundable. In circumstances where a property developer reneges on a deal prior to exchange you may receive the reservation fees paid, however this is at the sole discretion of BMV.
Australian customers only
Unless otherwise stated expressly, products and services referred to on this website are only available in Australia.
Claims and Guarantees
You agree that all photos and figures quoted are for illustrative purposes only and that it is up to you to conduct sufficient due diligence and research into the property including seeking competent authority prior to making any financial decision, this includes undertaking a property valuation, researching the area and market rent. We make no claims as to the specification of the finished property. You will need to refer to the builder's specification sheet for the individual plots. We have given you no guarantees. You are aware that property values and rents can fluctuate and that if you do not keep up payments on loans or mortgages secured on your property it may be repossessed by the lender.
Your decision, your responsibility
You agree that BMV, its directors, employees, agents, servants and/or shareholders have given no advice, and that they have only relayed their own personal experiences and those of its employees and clients in property. You further agree that you have made all decisions and take full responsibility for those decisions, including consultation with the relevant competent authority where necessary or appropriate.
In preparing the information contained on this website, BMV has not taken into account your objectives, financial situation or needs. Before investing on the basis of the information contained on this website, you should consider (with or without the assistance of an adviser) whether the information in this website is appropriate to you in light of your particular objectives, financial situation and needs. You should obtain the disclosure document (including Product Disclosure Statement where applicable) relating to a product referred to on this website before making any decision about whether to acquire the product or property.
Property Finder's fees
For each property you purchase as a result of the activities of BMV, BMV will charge you a finder's fee, $1995 (plus any Goods and Services Tax applicable). This fee is solely for the sourcing of the subject property. The provision of services beyond this should be considered outside our agreement and do not form part of the agreement between BMV and yourself or any third party. We do however in the spirit of cooperation undertake to support you throughout the process and this can sometimes mean that we will provide services at no costs after reservation of the property. It is at the sole discretion of the authorised representatives of BMV if Property Finder's Fees are refundable should you fail to exchange on the property for whatever reason, regardless of the reason why exchange did not take place. Should you decide not to proceed with a deal, Property Finder's Fees are non-refundable.
Introducer fees, Agency fees and Commissions
BMV may in addition to Property Finder's Fees receive introducer fees, agency fees, and/or commissions. This can include fees from developers and other third party services. With Finance Referrals the consumer’s information must be provided to the broker or lender within five days of the consumer being informed by the referrer that the broker or lender is able to provide the credit services. The broker or lender must contact the consumer within 10 business days of receiving the referral. If payment of any benefits or commission may be given to the referrer – “Before we continue, the broker would like to let you know that if you take up any of our products or services, Below Market Value may receive the following financial benefits of up to 100% of any loan amount and trail which will be declared in the Finance Brokers Contract;
Allocation of monies received
Any money received by BMV will be allocated to any expenses owed followed by Reservation fees owed followed by Finders Fees owed.
Mode of service provision
We make no promises that our content or the service itself will be delivered in an uninterrupted, timely, secure or error-free fashion.
Your property consultant has referred you to our education blog on the www.belowmarketvalue.com.au and associated websites for continuing education and has also discussed the role of your portfolio manager. BMV is hereby fully disclaimed from, and bears no responsibility for the consequences of any reliance by you on the education blog or its contents.
You agree that you have looked over the cash flow illustrations and confirmed them through your own research and feel that it is well within your financial means to purchase and service the subject property on an ongoing basis.
You agree that all incentives have been clearly explained to you and you accept that should incentives become unacceptable or unavailable at any time that you may still be required to proceed with the purchase.
Changes in the market and criteria
You accept that whilst BMV presents various possible structures to purchase property that we cannot be held responsible for changes in lenders' criteria, relevant law society or other competent authority guidelines, government legislation or changes in the market which affect your property.
Costs incurred in buying a property
BMV cannot be held liable and accepts no responsibility for any costs associated with the purchase of property sourced through BMV, including legal costs. BMV's primary activity is the referral of property to you. Should a property you intend upon purchasing not proceed for any reason you will be responsible for meeting all the costs involved and will have no claim against BMV whatsoever.
Portfolio Manager availability
You have been given access to your Portfolio Manager's contact details who will be available to you during normal office hours (which are Monday to Friday 9am-5pm) and at other times at their discretion. You agree and understand that at times outside office hours it is a privilege given freely by the individual portfolio manager and does not form part of any agreement with BMV or any party. The individual is not remunerated for this extra time and they offer it on the condition that it may not be relied upon. It is given freely in the spirit that it is intended.
"Property Sleep Test" - 24 Hour Reservation Cooling Off Period
The purchase of property is a big decision and we accept that sometimes you have to make a decision prior to "sleeping on it". As part of our commitment to you sleeping soundly with all your decisions you have a full 24 Hour cooling off period from the point of confirming your reservation on the phone or by email. During this time you may choose not to continue with this purchase. Any exercise of your cooling off rights must be given in writing within the relevant 24 hour period.
All of our charges are exclusive of GST unless otherwise specifically stated.
Claims in relation to supply of goods
Advice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to us and the carrier within three working days of delivery (or in the case of non-delivery within 28 days of dispatch of the goods) and any claim in respect thereof must be made in writing to us and the carrier within seven clear days of delivery (or in the case of non delivery, within 42 days of dispatch). All other claims must be made in writing to us within 28 days of delivery. We shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (I) it was not possible at no fault of the customer to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.
Limitation of Liability
The sole liability of BMV in respect of any defect in, or failure of any goods or services supplied or for any shortage in the quantity of goods delivered or for any loss, injury attributable directly or indirectly thereto (other than in respect of death or personal injury) is limited to i) making good by replacement or ii) repairing defects or failures which under proper use appear therein.
Without prejudice to the foregoing, BMV shall in no circumstances be liable i) for any indirect or consequential loss (including without limitation loss of production, loss of profit or liability to third parties) suffered or incurred by the customer. ii) for any loss or damage in excess of the contract price for the goods or part thereof in respect of which a claim is made. We shall not be liable for any loss to the customer arising from any delay in transit.
The customer's property and all property supplied to us by or on behalf of the customer shall while it is in our possession or in transit to or from the customer are deemed to be at customer's risk unless otherwise agreed and the customer should arrange insurance accordingly.
Content and Intellectual Property
Except as expressly provided in this Agreement, all of the content on this site is the property of BMV or provided by third parties for use on this website and is protected by Australian and international copyright laws. All rights are reserved. "Content" means any information, mode of expression, or other material and services found on BMVs' website, printed matter or any other form of communication from BMV. This includes discussion boards, chat, software, our writings, graphics and any and all other features found on the site.
The material on this website may be used for personal use only and must not be otherwise used without the prior written consent of BMV.
Blogs and forums
Blogs and forums on this website are provided for general communication and discussion between users of the website and BMV. BMV does not moderate forums on this website, but may remove any material from the forums. Views or recommendations appearing in the forums do not necessarily reflect the views of BMV and the inclusion of such views or recommendations in the forums does not indicate an endorsement of those views or recommendations by BMV.
Users of the blogs and forums must not post any material that:
- (a) is defamatory, objectionable or harassing;
- (b) contains any virus or similar program;
- (c) breaches any law; or
- (d) infringes third parties' intellectual property or other rights.
Users of the blogs and forums agree that by using the blogs and forums, they may be exposed to objectionable material and that the download of any material from the forum is at their own risk.
Third party material and links to third party websites
Third party material on this website is not maintained or verified by BMV and you should independently check its accuracy, currency, completeness and relevance prior to using it. Views or recommendations in third party material do not necessarily reflect the views of BMV and the inclusion of such views or recommendations on this website does not indicate an endorsement of those views or recommendations by BMV.
Should you leave this website via a link contained within this website, and view content that is not provided by BMV, including content in relation to the issue or sale of a financial product:
- (a) you do so at your own risk. The content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by BMV. BMV is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or otherwise. BMV makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party;
- (b) links to other websites are provided for convenience only and do not represent any endorsement by BMV of the products or services offered by the website owner;
- (c) you should endeavour to obtain the Product Disclosure Statement for the relevant product from the issuer or seller of the product as identified on the website to which you link;
- (d) you should consider the Product Disclosure Statement for the relevant product in deciding whether to acquire, or to continue to hold, the product.
You agree to indemnify BMV and keep it indemnified against all actions, claims, costs, demands, damages or liability arising in any manner from a breach by you of the terms of this agreement.
Neither BMV nor any of their directors, employees and associates guarantees the security of this website, gives any warranty of reliability or accuracy nor accepts any responsibility arising in any other way including by reason of negligence for, errors in, or omissions from, the information on this website and does not accept any liability for any loss or damage, however caused, as a result of any person relying on any information on the website or being unable to access this website. This disclaimer is subject to any applicable contrary provisions of the Australian Securities and Investments Commission Act and Trade Practices Act.
Privacy Act 1988 (Cth)
BMV is committed to complying with its obligations under the Privacy Act 1988 (Cth) and respects your right to privacy. BMV collects and uses personal information via this website to assist customers, to provide information, products and services to customers and to conduct BMV’s business and educational operations. Data collected includes: first and last names, phone number and email as well as some financial information should you choose to proceed. BMV and its associated companies may use personal details to provide the information and services you've requested. We may also use this information for auditing, research and analysis to operate and improve our technologies and services.
Provision of Information to Third Parties
Your personal details will be provided to various third parties for the purpose of supply of a number of different services. Those third parties include but are not limited to mortgage brokers, solicitors, financial planners, letting agents, curtains, furniture and flooring contractors. By acceptance of these terms, you give us permission to discuss particulars of these services with the relevant third party.
We shall be under no liability if we shall be unable to carry out any provision of the contract for any reason beyond our control including (without limiting the foregoing) Act of God, legislation, war, fire, flood, drought, failure of power of supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of the State of Queensland, and BMV and the customer agree to be bound by the non-exclusive jurisdiction of that State.
If for any reason you are not clear about any of the above points please contact your property consultant for clarification.
Real Estate Licence No 1901057 (Albert Christen Walters)