Legal Information

1. DA Campaign Overview

Eminence Zenith Pty Ltd ("Company", "we", "us") is conducting a reward-based crowdfunding campaign specifically to fund the Development Application (DA) milestone of our luxury eco-wellness retreat project in Montville, Queensland. This is pre-opening funding for regulatory approval activities only.

2. All-or-Nothing Campaign Structure

• Goal: $250,000 must be raised by 01 January 2026, 23:59 AEST
• Charging Policy: Your payment method will only be charged if we reach our funding goal by the deadline
• Failed Campaign: If we do not reach the goal, no charges will be processed and no funds will be collected
• Late Pledges: Any pledges made after a successful campaign end are charged immediately

3. Reward Structure

• Rewards are credits, recognition, or services redeemable post-opening - not equity or profit rights
• Reward fulfillment begins only after DA approval, construction completion, and post-opening operations
• Estimated delivery timelines are provided in good faith but depend on DA approval and construction milestones
• The Company may amend non-material reward details (images, specific timing) with advance notice to supporters

4. Cancellation Rights

• You may cancel your pledge at any time before the campaign deadline by contacting [email protected]
• Cancellation requests must be received at least 24 hours before the campaign deadline
• No cancellation is needed if the campaign fails to reach its goal

5. Development Application (DA) Safeguard

• Funds raised are specifically for DA preparation and submission
• If the DA is not approved or not submitted by 01 January 2027, supporters will receive a transferable project credit of equal face value (no cash refunds), usable for re-lodgement, a compliant pivot, a successor project, or applied to post-opening rewards where applicable.
• DA progress updates will be provided quarterly to all supporters

6. Project Risk Disclosure

• This is a high-risk, early-stage project with no guarantee of completion
• Development approvals, construction permits, and regulatory compliance are subject to government and regulatory approval
• Economic, environmental, or regulatory changes may impact project viability
• Supporters acknowledge they are backing a project in development with inherent uncertainties

7. Financial Management

• All funds are held in dedicated accounts administered by CoSai CFO Services
• Quarterly financial summaries will be provided to all supporters
• Funds will only be used for stated DA-related purposes

8. Limitation of Liability

The Company's liability is limited to the amount of your contribution. We are not liable for indirect, consequential, or punitive damages arising from campaign participation or project outcomes.

9. Governing Law

These Terms are governed by Queensland, Australia law. Any disputes will be resolved in Queensland courts.

10. Contact for Legal Matters

For legal questions regarding these Terms: [email protected]

1. Information We Collect

Personal Information:

• Name, email address, phone number (when provided)
• Pledge amount and reward tier selection
• Payment information (processed securely through Stripe/PayPal)
• Communication preferences and correspondence

Automatic Information:

• Website usage data (pages visited, time spent, device information)
• IP address and general location data
• Browser type and version
• Referral source (how you found our campaign)

2. How We Use Your Information

• Campaign Management: Process pledges, send updates, fulfill rewards
• Communication: Send project updates, milestone notifications, and supporter communications
• Financial Reporting: Maintain accurate records for financial transparency and compliance
• Website Improvement: Analyze usage patterns to improve user experience
• Legal Compliance: Meet regulatory requirements for financial reporting and consumer protection

3. Information Sharing

We only share your information with:

• CoSai CFO Services: Our financial management partner for campaign administration
• Payment Processors: Stripe and PayPal for secure payment processing
• Email Service Provider: For sending project updates and communications
• Legal Requirements: When required by law or legal process

We never sell or trade your personal information to third parties for marketing purposes.

4. Data Security

• Payment information is processed using industry-standard encryption (SSL/TLS)
• Personal data is stored securely with access limited to authorized personnel
• Regular security audits and updates are performed
• Data backups are encrypted and stored securely

5. Your Privacy Rights

You have the right to:

• Access: Request a copy of all personal data we hold about you
• Correction: Request correction of inaccurate personal information
• Deletion: Request deletion of your personal data (subject to legal retention requirements)
• Portability: Request your data in a machine-readable format
• Opt-out: Unsubscribe from communications at any time

6. Data Retention

• Campaign data is retained for 7 years for financial and legal compliance
• Marketing communications data is retained until you opt-out
• Website analytics data is retained for 2 years

7. Cookies and Tracking

• We use essential cookies for website functionality
• Analytics cookies help us understand website usage (can be disabled)
• No advertising or tracking cookies are used

8. International Transfers

Your data may be processed in countries outside Australia where our service providers operate. We ensure adequate protection through appropriate safeguards and privacy frameworks.

9. Contact for Privacy Matters

For privacy questions, data requests, or to exercise your rights:

Email: [email protected]
Subject Line: Privacy Request - Eminence Zenith

10. Changes to This Policy

We may update this Privacy Policy to reflect changes in our practices or legal requirements. Material changes will be communicated to supporters via email with 30 days' notice.

All-or-Nothing

If the DA funding goal isn't met by the deadline, your card isn't charged.

Use of Funds

If the goal is met, proceeds are applied to DA activities (planning/technical reports, council fees, responses to information requests) under arms-length governance by CoSai CFO Services.

DA Refusal or Non-Submission by 01 Jan 2027

DA costs are sunk professional/statutory costs and are not cash-refundable. Supporters receive a transferable credit equal to the pledge face value, applicable to re-lodgement, compliant pivot, or successor project, and may be applied to post-opening rewards where applicable. Credits remain valid for 36 months and may be assigned once with written notice to the Company.

Ongoing Transparency

Quarterly reports continue until an outcome (approval/re-lodge/pivot) is reached.

1. All-or-Nothing DA Campaign Structure

Before Campaign Deadline (01 Jan 2026, 23:59 AEST):

• Voluntary Cancellation: You may cancel your pledge any time before the campaign deadline; no payment will be captured. (After the campaign succeeds and charges are captured, cancellations are handled under the Post-Success Refund Policy.)
• No Payment Processing: Your payment method is not charged unless the DA campaign reaches its full goal
• Campaign Failure: If the DA goal is not met, no charges occur and no refund is necessary

If DA Campaign Goal is Met:

• All payment methods are charged within 48 hours of DA campaign success
• Funds are applied exclusively to DA milestone activities under CoSai CFO Services oversight
• Refund requests must follow the post-success policy below

2. Post-Success Refund Policy

Immediate Refunds (within 7 days of charge):

• Cooling-off Period: Full refund available within 7 days of successful campaign charge
• Payment Processing Errors: Full refund for duplicate charges or processing errors
• Unauthorized Charges: Full refund for charges not authorized by the account holder

DA-Related Refunds:

• DA Refusal: If the Development Application is refused (or approved with unacceptable conditions) or not submitted by 01 Jan 2027, DA costs are sunk and not cash-refundable. A transferable credit equal to your pledge face value will be issued for re-design/re-lodgement, a compliant pivot, or a successor project, and may be applied to post-opening rewards where applicable.
• Reward Non-Delivery: If rewards cannot be fulfilled post-opening within reasonable timeframe, refund or equivalent value alternative provided
• Project Cancellation: If project is cancelled before DA completion, prorated refund based on uncommitted funds under CoSai CFO Services oversight

3. Late Pledges (After DA Campaign Success)

• Late pledges are charged immediately upon submission
• Standard 7-day cooling-off period applies
• Subject to same DA-related refund conditions as original campaign supporters
• Rewards redeemable post-opening based on availability

4. Non-Refundable Circumstances

• Change of Mind (post-charge): After the 7-day cooling-off period following a captured charge, change-of-mind refunds aren't available. (This does not limit your ability to cancel before the campaign deadline.)
• Reward Modifications: Minor changes to reward details (timing, specific inclusions) do not qualify for refund
• Market Conditions: Economic or market changes affecting project value do not qualify for refund
• Personal Circumstances: Changes in personal financial situation do not qualify for refund after cooling-off period

5. Refund Process

How to Request a Refund:

1. Email [email protected] with subject "Refund Request - Eminence Zenith"
2. Include your full name, email address used for pledge, and reason for refund
3. Provide any supporting documentation if applicable

Processing Timeline:

• Assessment: Refund requests reviewed within 5 business days
• Processing: Approved refunds processed within 10 business days
• Return Method: Refunds issued to original payment method
• Bank Processing: Additional 3-5 business days for bank/credit card processing

6. Partial Refunds (post-charge, non-DA costs)

Partial refunds may be considered only after a charge has been captured (i.e., after campaign success or for Late Pledges) and do not apply to DA sunk professional/statutory costs. They may be offered when:

• project costs have only been partially incurred and remain uncommitted/non-sunk;
• you request a reward downgrade or modification;
• an agreed alternative value can be provided in lieu of a full refund.

Partial refunds are not available for change-of-mind after the 7-day cooling-off period and do not override rights under Australian Consumer Law.

7. Dispute Resolution

• Internal Review: Refund disputes first handled through internal review process
• Mediation: Unresolved disputes may be referred to mediation
• Consumer Rights: Nothing in this policy limits your rights under Australian Consumer Law

8. Consumer Protection

This refund policy operates alongside your rights under Australian Consumer Law, including rights related to:

• Products and services not fit for purpose
• False or misleading representations
• Unconscionable conduct

9. Contact for Refund Requests

Email: [email protected]
Subject: Refund Request - Eminence Zenith
Phone: Available upon request for complex refund matters

Financial Management: CoSai CFO Services
All refund processing is handled through our professional financial management partner to ensure transparency and proper accounting.