The Fine Print

Membership/License/Subscription Agreement

Mojo Real Pty Ltd. ABN: 42 161 483 110 (Licensor)

Terms and conditions

1: Update: Last updated 28 September 2015

This page sets out the full terms and conditions of use of the MOJO Real Estate (Mojo Real Pty Ltd) (“MOJO”) website, mobile site, it’s Products, Services, Memberships and Membership Subscriptions and any other MOJO platform and/or technology whether known now or created in the future (‘the Subscription Services’). In these terms and conditions “you” are the user of the Subscription Services and can be a person, a corporate entity or other entity incorporated or otherwise including, but not limited to, an association. This definition includes a reference to “you” and “your”.

Your use, user registration and/or subscription to one or more of the Subscription Services constitute your agreement to these terms and conditions. Unless you and MOJO have executed a separate agreement this license agreement (“Agreement”) governs all the uses of the MOJO Matchmaker Membership Subscription Services.

This Agreement is between you and the Mojo Real Ltd, with its offices at 19 Waratah Street, Oatley, NSW 2223 Australia (“MOJO”)

As MOJO may modify the Agreement from time to time without providing notice to you, we provide a link to the terms and conditions at the bottom of every page and you should check them for any changes each time you visit, as you are deemed to be bound by them if you use the Membership Subscription.

Your continued use of the Membership Subscription after such a modification constitutes your acceptance of any such modification.

Only upon the condition that you accept all the terms contained in this Agreement will MOJO Real Estate be willing to license the membership to you.

When you click the ‘SUBMIT’ button on your Membership Application page or begin to use any of the Services of the Membership Subscription in any way, you acknowledge that you have read and understood and accept all the terms set forth in this Agreement.

If you are agreeing to these terms and conditions on behalf of a business, you warrant that you have authority to represent that business and to bind that business to this Agreement, and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” refer herein to that business.

See also the MOJO Matchmaker Member – MOJO Credo (“MOJO Credo”), as acceptance of these terms is acknowledgement and acceptance of the MOJO Credo.

2: Period

The MOJO Matchmaker Membership Subscription is for 12 months and then automatically renewed monthly after that. We understand that things happen in real estate and that your circumstances might change. Solo & Duo Members are free to move their memberships with them should they move offices.

3: Is there a ‘cooling off’ period. Can I rescind, pull out?

Yes. Sure you can, it’s the 7th Key Question. Your Agreement with MOJO is for 12 months but if we don’t do what we said we’d do, just tear it up. Guaranteed. We require and appreciate 14 days to remedy whatever the issue is. You also have the 30-day money back guarantee. That 30-day money back guarantee has to work fairly for both parties.

To be fair, for you to receive a 100% money back guarantee, you’ll need to return any and all materials supplied including your Complimentary Introductory Box Set/s in the condition sent. That’s only fair. Other than that, if after the first 30 days and within the first 12 months, you to want cancel or retire because you’ve done so well and made so much money, just give us one (1) months notice. We’ll run your card one last time for the balance and you’re always welcome back.

Should a MOJO Membership account payment be unable to be processed using the authorised credit card, MOJO will first attempt to contact the Member Subscriber to resolve the non-payment. If unresolved the Member Subscriber consents to MOJO Real Estate authorising their appointed debt recovery service to attempt to contact the member subscriber and arrange full payment of the outstanding amount. The Member Subscriber acknowledges their full responsibility for and payment of all outstanding debt recovery expenses.

4: Your rights and undertakings

Provided that you fully comply with this Agreement, MOJO licenses you non-transferable, limited right to access, and to use the Membership Subscription and the materials available.

MOJO Real Estate licenses to you, subject to your compliance with the terms and conditions of this Agreement and the MOJO Credo a non-transferable Membership Subscription for a single-user (Matchmaker Solo Agent) or two person-user (Matchmaker Duo) or office (Matchmaker Office) to use the MOJO Membership Subscription as detailed at the website http://mojorealestate.com.au

PLEASE NOTE: You must not share this Membership Subscription with any other person or organisation other than that which is established in the Membership Subscription. If at all unclear, call for clarification on what constitutes a variation to the Subscription. Call the MOJO Customer Services Team on 1300 510 968 Mon-Fri 9am-5pm AEST for more information or email support@mojorealestate.com.au

The purpose of becoming a MOJO Matchmaker Member is to have access to The Real Estate Matchmaker Why Everything Sells Best Fresh™ resources and to use them to introduce the agent/office Member to their prospects and to engage in the providing of the invaluable information to an agent/office Member client base. It is a requirement that the agent/office Member is proactively engaged in using The Real Estate Matchmaker Why Everything Sells Best Fresh™ resources in their market area. In the event that a Member Subscriber does not actively engage and distribute The Real Estate Matchmaker Why Everything Sells Best Fresh™ this will cause grounds for the termination of their Membership Subscription.

5: Subscription & membership definitions

Annual Subscription & Annual Membership:

An Annual Subscription, also known as Annual Membership Subscription, is an agreement whereby the individual joins and has access to MOJO for a period of 12 months.

From time to time there may be offers and/or bonuses associated with joining and paying on an annual basis.

MOJO will invoice the individual on a repeating annual basis; the individual needs to take action if they do not wish to renew their annual membership after the 12 month period.

6: Automatic renewal service

At the end of your subscription period, your credit card will be charged for a renewal term of one year.  Your subscription will continue to automatically renew for successive terms.

We will renew your subscription using the same credit card used previously.

To change your credit card details please visit www.mojorealestate.com.au and go to ‘MOJO MATCHMAKER MEMBERS’ or email us at support@mojorealestate.com.au. It is the responsibility of the subscriber to ensure sufficient funds are available from the chosen payment method.  A subscription can also be cancelled for non-payment.

To re-activate a subscription after cancellation for non-payment a new subscription must be started either within the same account as before or by opening a new account with a different email address.

7: Your password

As part of the registration process, you will be issued a password. You must take care to keep your password confidential, do not write it down or store it electronically where it can be discovered and do not disclose it to anyone.

PLEASE NOTE: You could be liable if an unauthorised person gains access to the Subscription and breaches any part of the Agreement with your log in details.

You acknowledge and agree that portions of the membership, including, without limitation, the intellectual property and the specific design and structure of individual books, modules or programs, constitute or contain trade secrets of MOJO Real Estate. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer the membership subscription, in whole or in part, or permit or authorise a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.

Timothy J. Eaton and MOJO Real Estate own all rights, title, and interest in and to their applicable contributions to the membership, including all intellectual property rights therein. The membership subscription is licensed to you, not sold. The membership subscription is protected by Australian copyright law and international treaties. You may not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the membership subscription as delivered to you.

8: Credit Card and Direct Debit processing

To ensure continued access to MOJO products and services credit cards and direct debits will be processed on the day of expiry of subscription, Annually, Quarterly or Monthly.

9: Processing payments on expired Credit Cards

While MOJO continues to make efforts to ensure credit card details for our members are up to date through regular emails and on-screen notifications, under the payment card industry (PCI) guidelines, recurring payments, such a membership renewals, can still be processed on supplied credit cards beyond the expiry date, so long as the credit card number remains valid. The only way a recurring payment can be stopped is by cancelling the membership or by cancelling the credit card.

In some cases the issuing bank (i.e. the bank attached to your credit card) may prevent or reject the payment from being processed, but this would be based on the bank’s own individual terms and conditions. You should contact your bank in this instance.

The Member Subscriber authorises Mojo Real Pty Ltd, through it’s eCommerce gateway, Stripe, to process payment in accordance with the Member Subscribers level of membership, using the credit card nominated by the Member Subscriber as per the Subscription schedule chosen. Those being either Annual, Quarterly or Monthly payments.

It is the Member Subscribers responsibility to ensure that the nominated credit card is current and able to be processed as per the terms and conditions noted in the membership agreement. Should at any time the Member Subscribers credit card details require updating they can access their account details at https://mojorealestate.com.au/mojomatchmakermembers. The member subscriber’s bank/credit card statement will show Mojo Real Pty Ltd as the merchant.

10: Termination

In addition to any other rights of the parties, either you or MOJO may cancel or terminate this Agreement at any time. To ensure your continued access we automatically debit your nominated credit card or bank account every renewal period on your expiry date, until you tell us to stop. You can stop further debits by either:

  • visiting your online profile by 11:59pm AEST on the day before your expiry date, or
  • advising us by calling 1300 510 968 during business hours, or emailing
  • support@mojorealestate.com.au or writing to us at 19 Waratah Street Oatley NSW 2223. Please provide up to 5 working days notice to allow for postal delivery and processing time.

Either way, your membership benefits – product delivery and/or online access – will continue until the expiry date. MOJO also reserves the right to restrict, suspend or terminate your access to the Membership Subscription section of MOJO websites in whole or in part, without notice, with respect to any breach or threatened breach by you of any part of this Agreement.

11: Your privacy

We are committed to the protection of your privacy and we abide by Australia’s National Privacy Principles (as amended and revised). See www.privacy.gov.au for details of the principles. We never sell, publish or disseminate mailing lists to third parties. See our Privacy Policy or contact us at the address below and we will send you a copy.

12: Policy for the use of MOJO intellectual property

If you wish to use any MOJO reports, articles, materials, photos, graphics, publications, books, programs, courses, products or equivalent materials including trade marks and other MOJO intellectual property (“the Materials”), in whole or part, you must obtain our written permission before doing so.

Use without written permission is forbidden. Failure to seek permission will be dealt with to the full extent of the law. Scraping any of the MOJO websites is forbidden as is any reproduction of any content without permission.

Requests for permission may be made to the MOJO Customer Services Team, 19 Waratah Street Oatley NSW 2223; phone 1300 510 968 or email support@mojorealestate.com.au

Our materials are protected in Australia and internationally by the law of copyright, moral rights, trade mark, equity, trade practices, and other laws and principles such as the Competition and Consumer Act 2010. We reserve the right to take legal action to prevent any unauthorised use or reproduction of our materials, in whole or part, for any purpose including but not limited to advertising, copyright works, trade marks, logos and any commercial purpose use. Please report any breach of this Agreement to MOJO at the above address.

Everything Sells Best Fresh™ is a trade mark of Mojo Real Pty Ltd and all information, artworks, photographs, compilations or equivalent works appearing in The Real Estate Matchmaker Why Everything Sells Best Fresh™, at the www.mojorealestate.com.au, in print or electronic media and/or on-line including apps is the subject of copyright or trade mark or otherwise protected under Australian & international law for our exclusive use. © All rights reserved.

Only MOJO Matchmaker Award winners and MOJO Matchmaker Recommended licensees are permitted to use MOJO trademarks and all advertising by those parties which use MOJO trademarks must be vetted by MOJO before publication.

13: Copyright and permissions

MOJO owns the copyright for all material presented. Except to the extent necessary for you to download any material on the MOJO websites for your own personal use, reproduction (including by electronic means) of The Real Estate Matchmaker Why Everything Sells Best Fresh™ or any other MOJO publication, in whole or in part, is forbidden without prior written permission and is never permitted for commercial purposes. Address requests to the MOJO Customer Services Team using contact details provided in these terms.

All literary and artistic works and compilations of information are the subject of Australian and International copyright © The trade mark Everything Sells Best Fresh™ and one or more additional artistic works are trade marks of MOJO. All rights reserved.

14: Links to other sites

Links within the MOJO websites are provided for your information. MOJO does not endorse, and has not necessarily verified any of the information available with any link found within the MOJO websites.

15:Earnings Disclaimer

MOJO does not guarantee or warrant that the Membership Subscription will meet your requirements of the Member or that the Membership will be error-free or uninterrupted. Please see our Earnings Disclaimer. The Membership is provided “as is”, without any warranty or guarantee of any kind. MOJO expressly disclaims all warranties and conditions, express or implied, relating to the Membership and any data accessed therefrom or transmitted thereby, or the accuracy, timeliness, or completeness of the Membership and any data accessed therefrom or transmitted thereby, including any implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and any warranties and conditions arising out of course of dealing or usage of trade. No advice or information, whether oral or written, obtained from MOJO or elsewhere will create any warranty or condition not expressly stated in this agreement.

MOJO will, in no event, be liable to you for any direct, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) or for the cost of procuring substitute products arising out of or in connection with this Agreement or the use or performance of the Membership, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not MOJO has been advised of the possibility of such loss or damage. The foregoing limitations will survive and apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose. In any case, MOJO entire liability under any provision of this agreement shall not exceed the amounts of the fees that you paid for the membership (if any). Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Without limitation and including, you agree to indemnify and hold MOJO and its officers, directors, employees and agents harmless from and against any claim, liabilities, damages, losses and expenses, including reasonable attorneys’ fees, made by any third party in connection with or arising out of your use of the Membership, your violation of any terms or conditions of this Agreement, your violation of applicable laws, or your violation of any rights of another person or entity.

16: For the purposes of all sales transacted on MOJO websites on which transactions are conducted, the seller is:

Mojo Real Pty Ltd

Registered business address: 19 Waratah Street Oatley, NSW 2223, AUSTRALIA

Phone: + 61 1300 510 968

ABN: 42 161 483 110

17: Pricing

All prices are in Australian dollars.

Please note that MOJO may change prices of Membership Subscription or of supplied Products within your subscription period, to take effect in the next billing cycle. Please check for any prices increases before your subscription is renewed. We will notify you in advance of any pricing changes to your subscription.

18: Your rights

Under Australia’s Competition and Consumer Act 2010 and related state and territory laws, you have remedies available to you. If you consider something you have purchased from the Sites are not of the standard you expected given its price, and the way it was described, then there you may be entitled to a refund. Please see our cooling off, cancellation, refunds and returns policy above.

19: Complaints

Please direct any complaints in the first instance to:

MOJO Customer Services Team

Email: support@mojorealestate.com.au

Phone: 1300 510 968

MOJO does not belong to any independent dispute resolution programs. If you feel your complaint has not been handled adequately by us you should refer to your home state or territory Department of Consumer Affairs or Fair Trading.

20: Subscriptions and renewals

Subscriptions to MOJO Memberships and websites operate on a recurring basis. See the membership page for details of our subscriptions.

21: Cancellations, refunds & returns

To cancel an annual subscription or enquire about a return or refund, please call the MOJO Customer Services Team on 1300 510 968 or send an email to support@mojorealestate.com.au or write to us at 19 Waratah Street Oatley NSW 2223.

If you wish to cancel an annual Membership Subscription, you may do so at the end of the current subscription cycle. In the case of a quarterly automatic Membership Subscription, we will terminate your subscription at the expiration of the current quarter.

22: Delivery*

Books and other products ordered from one or more of the MOJO websites will be dispatched by the carrier of our choice within three (3) working (Monday to Friday) days if in stock. If the product you want is not in stock, you’ll be notified by email, text, or other private manner of making contact giving you an expected shipping date.

*Click here to see the attached Map for Free delivery. Areas noted with Dots coloured: Red; Green; Orange; Brown are ALL covered with Free Delivery.

*All Areas in ‘The Grey Zone’ may incur an additional charge. Please contact us at info@mojorealestate.com.au or call 1300 510968 to confirm your Area Postcode and possible charge.

23: Email Delivery policy

MOJO endeavours to respond to all enquiries via email. We accept no liability for lack of email delivery due to third parties such as Internet Service Providers (ISPs) blocking or preventing delivery. We recommend you include support@mojorealestate.com.au and orders@mojorealestate.com.au in your safe receivers/safe senders list in your email software.

24: Online payment security

Subscribers to MOJO may make online subscription payments using credit card or debit card (Visa or MasterCard) and you are charged for your subscription to MOJO for the period nominated at the time of your Membership Subscription. Those periods being, Monthly, Quarterly or Annually.

Credit card details of subscribers are retained by Stripe – the payment gateway used by MOJO to process payments.  Renewal payments are triggered by MOJO and actioned by Stripe using those details. Subscribers are personally responsible for the security of their personal username and password, which gives access to personal details other than banking details (including name, address or telephone number). Subscription fees for MOJO are in Australian Dollars ($AUD) only.

This Agreement will be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to or application of conflicts of law rules or principles. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without MOJO prior written consent, and any attempt by you to do so, without such consent, will be void and of no effect. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. Any notice or other communications to be given under this Agreement will be in writing and given by MOJO via email, and in each case to the address that you provide. The date of receipt will be deemed the date on which such notice is transmitted. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by authorised representatives of both parties. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. This Agreement is the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and MOJO Real Estate have executed a separate agreement.

25: Acceptance

If all of the lawyer talk and legalese above hasn’t frightened you off, then clicking the ‘Submit’ button at purchase acknowledges acceptance of these terms and conditions for your MOJO Membership Subscription.

Well done!