Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and MagicChamp Luxury Real Estate Pty Ltd (ABN: 12 345 678 901) ("MagicChamp", "we", "us", or "our") regarding your use of our website at gear-magicchamp.com and our luxury real estate investment advisory services.

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our website or services.

2. Description of Services

2.1 Investment Advisory Services

MagicChamp provides luxury real estate investment advisory services, including:

• Market analysis and investment opportunity identification
• Due diligence and property evaluation services
• Portfolio management and investment strategy consultation
• Transaction facilitation and settlement assistance
• Ongoing investment monitoring and reporting

2.2 Website Services

Our website provides:

• Information about our services and investment opportunities
• Educational content and market insights
• Client portal access (for authorized clients)
• Communication tools and contact forms

3. Eligibility and Client Qualification

3.1 Eligibility Requirements

To engage our services, you must:

• Be at least 18 years of age
• Have legal capacity to enter into binding contracts
• Meet our minimum investment thresholds
• Complete our client onboarding and verification process
• Comply with all applicable laws and regulations

3.2 Sophisticated Investor Requirements

Our services are primarily designed for sophisticated investors as defined under Australian law. We may require verification of your investment experience, financial position, and investment objectives.

4. Investment Risks and Disclaimers

4.1 Investment Risk Warning

IMPORTANT: Real estate investment involves significant financial risk. The value of investments can go down as well as up, and you may receive back less than your original investment. Past performance is not indicative of future results.

4.2 Specific Risks

International luxury real estate investment involves additional risks including:

• Currency exchange rate fluctuations
• Political and economic instability in foreign markets
• Changes in foreign laws and regulations
• Limited liquidity in luxury property markets
• Tax implications across multiple jurisdictions
• Natural disasters and property damage risks

4.3 No Investment Guarantees

We do not guarantee investment returns, capital preservation, or successful property transactions. All investments are made at your own risk based on your independent assessment.

5. Client Obligations and Responsibilities

5.1 Information Accuracy

You must provide accurate, complete, and current information about:

• Your identity and contact details
• Financial position and investment capacity
• Investment objectives and risk tolerance
• Tax residence and compliance status
• Source of funds for investments

5.2 Compliance Obligations

You are responsible for:

• Complying with all applicable laws and regulations
• Obtaining necessary approvals for foreign investments
• Meeting tax obligations in all relevant jurisdictions
• Maintaining appropriate insurance coverage
• Notifying us of any material changes to your circumstances

6. Fees and Payment Terms

6.1 Service Fees

Our fees may include:

• Initial consultation and assessment fees
• Transaction-based fees for property acquisitions
• Ongoing management and advisory fees
• Performance-based fees (where applicable)

6.2 Payment Terms

Fees are payable as agreed in your specific service agreement. Payment terms typically require:

• Upfront payment of consultation fees
• Transaction fees payable at settlement
• Ongoing fees payable monthly or quarterly in advance

6.3 Third-Party Costs

You are responsible for all third-party costs including legal fees, stamp duties, valuations, inspections, and other transaction-related expenses.

7. Confidentiality and Privacy

7.1 Confidential Information

We maintain strict confidentiality regarding your personal and financial information in accordance with our Privacy Policy and professional obligations.

7.2 Investment Opportunities

Information about specific investment opportunities shared with you is confidential and must not be disclosed to third parties without our written consent.

8. Limitation of Liability

8.1 Service Limitations

Our liability is limited to the extent permitted by law. We are not liable for:

• Investment losses or poor investment performance
• Market fluctuations or economic downturns
• Actions of third parties (agents, lawyers, vendors)
• Force majeure events beyond our reasonable control
• Indirect, consequential, or punitive damages

8.2 Maximum Liability

Where liability cannot be excluded, our total liability is limited to the fees paid by you for our services in the 12 months prior to the claim.

9. Intellectual Property

9.1 Our Intellectual Property

All content on our website and in our materials is protected by intellectual property rights. You may not reproduce, distribute, or create derivative works without our written permission.

9.2 Permitted Use

You may view and download content for personal, non-commercial use only, provided you maintain all copyright and proprietary notices.

10. Website Terms

10.1 Acceptable Use

You must not use our website to:

• Violate any laws or regulations
• Infringe intellectual property rights
• Transmit harmful or malicious code
• Attempt unauthorized access to our systems
• Interfere with website functionality

10.2 Website Availability

We aim to maintain website availability but do not guarantee uninterrupted access. We may suspend or modify the website for maintenance or other reasons.

11. Termination

11.1 Termination Rights

Either party may terminate our service relationship by providing written notice as specified in your service agreement.

11.2 Effect of Termination

Upon termination:

• Outstanding fees become immediately payable
• We will provide final reporting and documentation
• Confidentiality obligations continue
• We may assist with transition to new advisors (for reasonable fees)

12. Regulatory Compliance

12.1 Australian Financial Services License

MagicChamp holds an Australian Financial Services License and is regulated by ASIC. We comply with the Corporations Act 2001 and related regulations.

12.2 Professional Indemnity Insurance

We maintain professional indemnity insurance as required by law to cover our professional services.

13. Dispute Resolution

13.1 Internal Dispute Resolution

If you have a complaint:

1. Contact us in writing with details of your concern
2. We will investigate and respond within 30 days
3. If unresolved, the matter may be escalated to our management

13.2 External Dispute Resolution

If internal resolution is unsuccessful, you may refer the matter to:

• Australian Financial Complaints Authority (AFCA)
• Website: www.afca.org.au
• Phone: 1800 931 678
• Email: [email protected]

14. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.

15. Amendments

We may update these Terms from time to time. Material changes will be notified to clients by email or website notice. Continued use of our services constitutes acceptance of the updated Terms.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Contact Information

18. Definitions

"Sophisticated Investor" means a person who meets the criteria under section 708(8) or 708(10) of the Corporations Act 2001.

"Investment Services" means the financial services provided by MagicChamp under our Australian Financial Services License.

"Luxury Real Estate" means high-value residential and commercial properties typically exceeding AUD $2 million in value.

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These Terms of Service constitute the entire agreement between you and MagicChamp regarding the use of our services and supersede all prior agreements and understandings.