Terms
Version 1.0 | Effective date: December 1 2024
General Advice Disclaimer
I know you’re smarter than someone that would need me to write the words that come next, but our compliance peeps are real hard-asses so here we go… The information delivered in our content on the Pivot website or socials is not personal advice, poetry, or a map to where Jimmy Hoffa is buried. It may only be regarded as general advice, and definitely shouldn’t be considered something worthy of inclusion for Donna Hay’s next cookbook or the Archibald prize. This is actually just an email communication that has been sent to a bunch of people, and doesn’t even have your name on it. Your personal objectives, needs or financial situation have not been considered when preparing this email, but I want you to know that I have spent a lot of time thinking about the venn diagram intersection of poetry, landscaping, and essential oils – if you’re fascinated by this same phenomenon please reply so we can compare notes. You should consider the appropriateness of any general advice we have given you, having regard to your own objectives, financial situation and needs, and if necessary, seek advice before acting on it. You should also consider other people when getting on and off public transport, smiling more, eating healthy, and listening to your mum when she tells you that you’ve been working too hard. Where information relates to a financial product, you should obtain and consider the relevant product disclosure statement before making any decision to purchase that financial product. Where the information relates to a hilarious joke I’ve made, you should consider belly laughing deeply. Worth noting also that past performance is not a reliable indicator of future performance when it comes to investments, and definitely not when it comes to the Wallabies.
Anyone who purchases a product from Black Hide, or whoever participates in any strategy sessions, coaching, classes or events hosted or organised by Black Hide agrees to these Commercial terms and conditions.
For any purchases made through Black Hide, you (herein referred to as “User”, “Participant/s” or “You”) agree to follow the terms listed on this page. You agree to abide by all policies and procedures as outlined in these commercial terms as a condition of your participation in any provided service.
Black Hide PTY LTD(herein referred to as “Black Hide", or “Company”) agrees to provide the products and services detailed below, pursuant to the commercial terms contained herein.
Black Hide PTY LTD provides Coaching and education to individuals who are looking for assistance in making smart financial decisions. We aim to do this by providing strategies and education to guide individuals when managing and investing their money.
Black Hide PTY LTD provides information in the following areas:
Financial planning and strategy
Financial project management
Banking and saving
Investments;
Property;
Tax;
Superannuation; and
Insurance.
Black Hide PTY LTD provides their Financial Services online and conducts face-to-face workshops to enhance the Participants increase their financial knowledge.
3. Our Minimum Guarantee
Black Hide PTY LTD want you to be satisfied with your purchase and the services we provide. But we also want you to put in your best effort to apply all strategies offered from our services. Unless otherwise noted, all online training services come with a 7-day trial. Longer, conditional guarantees may apply, so check the sales material at the time of your order for details.
Pivot Wealth provides no guarantee for Workshop services or General Financial Advice services. If you do not understand or agree with any of these commercial conditions, please do not order this material.
4. User Obligations
i. The user accepts that they are 100% responsible for their progress and results from the Program;
ii. The User acknowledges that as with any business endeavour, there is an inherent risk of loss of capital and there is no guarantee that the User will reach their goals as a result of participation in using our services;
iii. The User understands that due to the nature of our services and extent of variation between different individual’s personal circumstances, the results experienced by each User may significantly vary; and
iv. By purchasing any product or service you agree that if you violate, or, display any likelihood of violating our terms, Black Hide PTY LTD and/or the other User(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violation.
Fees and Booking Structure
a. The fee options for the Smart Money Accelerator are subject to change and information made available on sma.pivotwealth.com.au/pricing. Annual memberships are payable via
i. One lump sum payment. The User may make payment by credit or debit card; or
ii. 12 equal instalments
b. If Option ii. is chosen as above, the User accepts:
i. Responsibility for all 12 payments unless a refund is requested (please refer to Refund requirements below);
ii. Black Hide PTY LTD retains the right to suspend access to any program if payments are not made as they are due;
iii. If at any time there is a past due payment, access to the program will be temporarily restricted until the account is in current financial standing;
iv. Each invoice only indicates the payment and balance due for the current period listed on that individual invoice. It does not reflect the ongoing or remaining balance for the account;
v. Black Hide PTY LTD is authorised to charge Client’s credit card or debit card.
c. The booking structure of the Money Momentum Coaching Sessions is as follows:
i. The sessions run at 4pm AEST Monday-Thursday afternoons, with exceptions via arrangement only.
ii. The standard waiting time for new sessions may be between 2-6 weeks.
iii. Once your payment is confirmed you will receive a link via email to our online calendar to book your preferred date/time.
iv. We have a limited number of timeslots available each week, we’re unable to reschedule sessions at short notice.
Independent Contractor Status:
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
Scope
This Refunds section applies to Smart Money Accelerator (SMA), the digital subscription service operated by Black Hide Pty Ltd ABN 35 665 699 730 (Black Hide, we, us). It should be read together with these Terms and our Privacy Policy. Separate terms may apply to Workshops and Coaching Sessions (see “Cancellations” and any workshop-specific terms).Australian Consumer Law (ACL)
Nothing in these Terms limits or replaces your rights under the Australian Consumer Law. If our service fails to meet a consumer guarantee, you may be entitled to a remedy which can include a fix or update, re-supply, refund, cancellation, depending on whether the issue is minor or major.
Plans and free trial
a. Free Plans: These have no fees. As no fee is charged, no refund is payable.
b. Paid Memberships: Paid access is offered on a fixed 12-month term and includes a 7-day free trial. If you do not wish to continue after the trial, you must cancel in-app or via the portal before the trial ends to avoid the first charge. Cancelling during the trial stops future charges; there is nothing to refund.Change-of-mind refunds (Paid Memberships)
After the 7-day free trial ends and a Paid Membership charge has been made, we do not offer change-of-mind refunds or pro rata cash refunds for any unused portion of the current 12-month term. In non-ACL scenarios, we may offer account credits at our discretion. This does not affect your ACL rights.Service issues and your remedies
a. Minor problems: If SMA does not meet a consumer guarantee in a minor way, we may fix the problem within a reasonable time (for example, by an update, configuration change, workaround or re-supply).
b. Major failures: If there is a major failure, you may cancel your membership and receive a refund for the unused portion of your 12-month term.
c. Examples of a “major failure” include persistent, material inaccessibility of core features or where the service is substantially different from what was represented.Billing errors and overcharges
If a billing error occurs, we will correct it promptly. Any amounts incorrectly charged will be refunded to your original payment method within a reasonable time once verified.How to request a refund or remedy
Please email hello@pivotwealth.com.au with: your account email, order/invoice ID, a description of the issue and any relevant screenshots or error messages. We will assess requests promptly and provide an outcome within a reasonable time. Approved refunds are paid to the original payment method. Please read the following terms and conditions carefully.
Scope
This Cancellations section applies to SMA Paid Memberships and Free Plans. Separate terms may apply to Workshops and Coaching Sessions.Free Plans
You may cancel a Free Plan at any time in-app or via the portal. As no fee is charged, cancellation has no refund implications.Fixed 12-month term (Paid Memberships)
a. Your Paid Membership is a fixed 12-month contract. You may cancel at any time; cancellation takes effect at the end of the current 12-month term. The membership will not renew for a further 12-month period after that.
b. Cancelling mid-term does not end your obligation to pay the fees for the remainder of the current term (whether billed upfront or in monthly instalments), except where you have ACL rights due to a failure of our service or where we agree otherwise.
c. We will provide clear renewal information and make cancellation steps straightforward.Instalments, suspension and access
a. If you pay by monthly instalments, you agree to pay all instalments for the current 12-month term unless you are entitled to cancel under the ACL due to a service failure or we agree otherwise.
b. If an instalment is overdue, we may suspend access until the account is brought up to date. Suspension does not stop the term from running and does not, by itself, create any refund entitlement.
c. On cancellation (effective at term-end), access continues until the end of the current term and then ceases, unless renewed.Upgrades, downgrades and add-ons
a.You may upgrade your plan at any time. Upgrades take effect immediately upon confirmation.b. Monthly to Annual. If you upgrade from a monthly billed annual term to an annual prepay plan, your existing 12-month term ends on the upgrade date and a new 12-month term begins on that date.
c. Tier upgrades. If you upgrade to a higher service tier, your existing 12-month term ends on the upgrade date and a new 12-month term begins on that date.
d. Fees and billing. On upgrade, the fees for the new 12-month term are charged at the then current price. Any unpaid instalments for the ended term are cancelled. Amounts already paid are not refunded. We may apply a pro rata credit for unused time from the ended term to the new term at our discretion. Your rights under the Australian Consumer Law are not affected.
e. Downgrades take effect from the next renewal. We do not provide cash refunds for unused value mid-term except where required by the ACL or where we agree to apply an account credit.
Our right to cancel
We may cancel your membership if you materially breach these Terms and do not remedy the breach after notice (or if the breach cannot be remedied). If we cancel other than for your breach, and you have prepaid fees for the remaining term, we will provide a pro rata refund for the unused portion, in addition to any ACL rights.How to cancel
You can cancel any time in-app on the Billing page or by emailing hello@pivotwealth.com.au from your registered email address. We may ask you to verify your identity for security.Workshops and Coaching Sessions
For in-person Workshops and Coaching Sessions, the separate workshop/coaching cancellation terms in these Terms apply. If there is any inconsistency, the workshop/coaching-specific terms govern those services. Refunds section applies to Smart Money Accelerator (SMA), the digital subscription service operated by Black Hide Pty Ltd ABN 35 665 699 730 (Black Hide, we, us). It should be read together with these Terms and our Privacy Policy. Separate terms may apply to Workshops and Coaching Sessions (see “Cancellations” and any workshop-specific terms).
Please read the following terms and conditions carefully.
At Black Hide PTY LTD we want our Users to be completely satisfied with the service we provide and with their experience on our website.
Your access to this website is subject to these terms and conditions, Black Hide PTY LTD's Privacy Policy Statement, notices, disclaimers and any other terms and conditions or other statements contained on this website.
Black Hide PTY LTD reserves the right to amend the terms and conditions at any time and you should periodically refer to them on this page and elsewhere on the website.
1. Definitions
User means any person who accesses Black Hide PTY LTD's website (herein referred to as “User” or “you”).
Company means Black Hide PTY LTD (herein referred to as “Black Hide”, or “Company”).
2. Warranties and Disclaimers
Black Hide’s general representations and warranties:
Black Hide makes no representation or warranty that the information available on or through this website is complete, accurate, reliable, or suitable, at the time it is published;
Any reliance a User places on such information is strictly done so at the User’s own risk;
Black Hide does their best to ensure the website is free from errors, viruses, or any other harmful programs;
Black Hide will not be responsible or liable for, the website becoming or being temporarily unavailable due to technical issues or forces beyond Pivot Wealth’s control. However, we will do our best to ensure any defects to the website are corrected in a timely manner.
The User’s general representations and warranties:
The User recognises that the use of this website is for educational purposes ONLY and the information provided is intended for a general audience. The information does not purport to be, nor should it be construed as, specific advice tailored to any individual, unless otherwise provided;
The User accepts that their use of the website and our services is at their own risk, in accordance with their own skill and judgment;
3. Photo and Video
I agree to give Black Hide unrestricted publishing rights for any photographs or videos taken at Black Hide classes and events or on Black Hide’s premises. (Don’t worry, we’ll only these use to show others how much of a rad time you’re having through social media, newsletters, blogs, website and general Black Hide promo material)
4. Limitation of Liability
Black Hide:
Black Hide excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of the website, its content or the information on it, including links to other websites.
Where liability cannot be excluded, any liability incurred by us, in relation to the use of the website or its content, is limited to the extent provided for by the Australian Consumer Law.
Will not be held liable for damages of any kind resulting in or arising from any direct, indirect, incidental, special, negligent, consequential, or exemplary damages or loss which occurs as a result of the use or misuse of Company’s services;
Assumes no responsibility for errors or omissions that may appear in any of the program materials;
Will not be held liable for any financial impact caused by acting on the general information provided through the Pivot Wealth educational workshops or online training without taking fully personalised financial advice.
The User:
Releases Black Hide, its officers, employees, and related entities from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from the User’s use of Black Hide’s website;
Accepts that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly.
5. Intellectual Property & Copyright
Black Hide’s original materials are provided to the User for individual use only, with a single-user license only. Users of this website are granted a non-exclusive, non-assignable and non-transferrable licence to use the website only in accordance with the general terms and conditions. Nothing in these general terms and conditions of the website and its contents will give Users ownership of the content.
The User is not authorised to use any of Company’s intellectual property for the User’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of Black Hide. No license to sell or distribute Company’s materials is granted or implied.
If a User violates or displays any likelihood of violating these terms when participating in a program, the Company will be entitled to injunctive relief to prohibit any such violations to avoid potential harm which may result.
6. User Information
Upon registration to Black Hide’s services you will provide your contact details, such as name, address, email address and telephone number.
You may be contacted through the means which you provided at the time of registration, unless otherwise requested by the User, on matters regarding, but not limited to:
Program details;
New offers; and
Balances due and collections.
By providing your email address you agree to join our mailing list. You can unsubscribe at any time by sending us a message through our contact page.
For further information regarding the collection and processing of your personal information, please refer to Pivot Wealth’s Privacy Policy.
7. Confidentiality
“Confidential Information” includes, but is not limited to, information disclosed in connection with this website and any of the services Pivot Wealth provides, and shall not include information rightfully obtained from a third party.
The User agrees that:
Any Confidential Information shared by the Black Hide is proprietary, and belongs solely and exclusively to the Black Hide;
Any Confidential Information shared by the Users is confidential, Proprietary, and belongs solely and exclusively to the User who discloses it;
Confidential Information will not be used in any manner other than in discussion with other Users during Program;
The User will NOT reveal any information to a third party obtained in connection with their use of this website or with the Black Hide’s direct or indirect dealings with the User, including but not limited to;
Names;
Email addresses;
Third-party company titles or positions; and
Phone numbers or addresses.
Both Parties agree to keep Confidential Information in strictest confidence and shall use their best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
8. Variations
Black Hide may make improvements and/or changes to its features, functionality or content at any time.
Black Hide is authorised to delete, alter or add provisions to these Terms and Conditions at any time. We may make any variation that is necessary to maintain the security of our systems and to comply with any regulatory requirements. If we make a variation to our terms and Conditions which will impact you directly, you will be notified either on our website, or directly to your registered email address.
Black Hide reserves the right to amend the general terms and conditions at any time and you should periodically refer to them on this page and elsewhere on the website.
9. Termination
Black Hide may terminate the User’s access to Black Hide’s services effectively immediately, if, Black Hide reasonably believes that the User has breached any of the terms and conditions contained herein. We reserve the right to terminate if we form the view that the User’s continued use of our Service poses a risk to Black Hide and our ability to adhere to regulatory requirements. We do not accept liability for any losses endured by you, arising directly or indirectly resulting from termination.
Termination will not affect any rights or obligations that accrued prior to termination. i.e outstanding payment for services
10. Miscellaneous
Severability/Waiver:
If any provision of these general terms and conditions is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
Governing Law:
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and each party hereby submits themselves to the exclusive jurisdiction and venue of the Courts of New South Wales to resolve any and all disputes hereunder.
Should you need to contact our support team with respect to any of the terms contained above, you can email hello(at)pivotwealth.com.au at any time.