These terms of service ("Agreement") govern your use of our programs, services, materials, websites, strategies, algorithms, live streaming lessons, signals, webinars, PDFs, and any other offerings provided by Blackbury Capital LLC ("Company"). By clicking the "submit now" button on the terms of service page or accessing any of our programs or services, you acknowledge and agree to be legally bound by the following provisions:
DISCLAIMER
The client understands that Blackbury Capital LLC and all representatives, are not an agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that the Company and all company representatives have not promised, shall not be obligated to and will not; (1) procure or attempt to procure to trade on the clients behalf; (2) Perform any business or management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counselling or behavioural therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to company’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this Program. If the Parties continue their relationship, a separate agreement will be entered into.
INCOME DISCLAIMER
WE HAVE MADE EVERY EFFORT TO ACCURATELY REPRESENT OUR PRODUCTS AND SERVICES. THE REPRESENTATION OF THE POTENTIAL OF OUR PRODUCTS AND SERVICES IS SUBJECT TO OUR INTERPRETATION. WHILE THE EARNINGS POTENTIAL FOR THOSE PEOPLE THAT USE OUR PRODUCTS AND SERVICES IS USUALLY VERY ENCOURAGING. YOU ACKNOWLEDGE THAT YOUR EARNING POTENTIAL IS SUBJECT TO MANY INDEPENDENT FACTORS, ALL OF WHICH VARY FROM INDIVIDUAL TO INDIVIDUAL AND ARE OFTEN OUT OF ANY INDIVIDUAL’S CONTROL.
AS SUCH, WE MAKE NO WARRANTY OR GUARANTEE OF ANY KIND THAT YOU WILL EXPERIENCE ANY SPECIFIC LEVEL OF EARNINGS OR ATTRACT ANY BUSINESS BY USING OUR PRODUCTS AND SERVICES.
ANY EXAMPLES WE HAVE PROVIDED SHOULD NOT BE INTERPRETED AS ANY GUARANTEE OF EARNINGS. WE DO NOT ASSERT THAT OUR PRODUCTS AND SERVICES REPRESENT A “GET RICH SCHEME.”
UPON REQUEST, WE MAY ASSIST YOU IN THE VERIFICATION OF CLAIMS OF ACTUAL EARNINGS AND/OR EXAMPLES OF ACTUAL RESULTS ACHIEVED, THOUGH WE ARE UNDER NO OBLIGATION TO DO SO.
HOWEVER, WE CANNOT AND DO NOT OFFER YOU ANY DIRECT FINANCIAL ADVICE, NOR ARE WE RESPONSIBLE FOR ANY FINANCIAL DECISIONS YOU MAKE. AS ALWAYS, IT IS YOUR SOLE RESPONSIBILITY TO DISCUSS THE LEGALITY OR FINANCIAL SOUNDNESS OF ANY DECISION YOU MAKE WITH A QUALIFIED PROFESSIONAL BEFORE MAKING SUCH A DECISION.
About the Website
The Company (“Blackbury Capital LLC”) owns and operates the Website. This agreement is between you and Blackbury Capital. Blackbury Capital reserves the right to add, delete, and modify any of the terms and conditions contained in this agreement at any time and in its sole discretion by posting a change notice or a new agreement on the Website. In the event of substantive changes to this Membership Agreement, the new terms will be posted to the Website, you will be required to affirmatively assent to its terms, and you may also be notified by email. Your express consent or continued use of the Website or the Services following posting of a change notice or new agreement on the Website will constitute binding acceptance of the changes.
Terms of Service
Item 1 - COMPANY - Blackbury Capital LLC, Delaware, USA
Item 2 - CLIENT - any individual, organization, or entity that has requested the provision of programs, services, materials, websites, strategies, algorithms, live streaming lessons, signals, webinars, PDFs, or any other offerings from the Company,
Item 3 - SERVICE - Provision of Forex education including algorithmic signal service.
Item 4 - PRICE - $25 000
Item 5 - PAYMENT TERMS - As per previous Inner Circle Payment arrangement
1. Acceptance of Terms
By accessing or using any of our programs, services, materials, websites, strategies, algorithms, live streaming lessons, signals, webinars, PDFs, or any other offerings, you explicitly acknowledge that you have read, understood, and unconditionally agree to be bound by these terms and conditions. If you do not agree to these terms, you must immediately cease using ALL of our programs and services.
2. Eligibility
You must be at least 18 years old or of the legal age of majority in your jurisdiction to use our programs and services. By using our programs and services, you represent and warrant that you have the necessary legal capacity to enter into this binding agreement.
3. Interpretation and Construction
3.1 Definitions: In this Agreement, unless explicitly stated otherwise or the context requires otherwise, the following terms shall have the following meanings:
• "Agreement" refers to this terms of service Agreement, including any annexures or addenda.
• "Business Day" means any day, excluding Saturdays, Sundays, and public holidays as recognized in Queensland, Australia.
• "Company" refers to Blackbury Capital LLC which is a Delaware Limited Liability Company operating out of Delaware, USA.
• "Client" means any individual, organization, or entity that has requested the provision of programs, services, materials, websites, strategies, algorithms, live streaming lessons, signals, webinars, PDFs, or any other offerings from the Company, as specifically described in Item 2 of the Service Agreement Details.
• "Confidential Information" encompasses any non-public information, including but not limited to trade secrets, proprietary knowledge, data, ideas, specifications, processes, formulae, drawings, and other forms of valuable information, whether disclosed in writing, orally, or by any other means, and is reasonably understood to be confidential.
• "Intellectual Property" encompasses all present and future rights relating to copyrights, trademarks, designs, patents, trade secrets, or any other proprietary rights, including the rights to register such rights, irrespective of their origin, whether created, developed, or brought into existence by the Company during the provision of programs and services.
• "Payment Terms" refers to the specific terms and conditions governing the payment of the Price, as elaborated in Item 5 of the Service Agreement Details.
• "Price" denotes the agreed-upon consideration, payable by the Client, for the provision of programs, services, materials, websites, strategies, algorithms, live streaming lessons, signals, webinars, PDFs, or any other offerings by the Company, as specified in Item 4 of the Service Agreement Details.
• "Programs and Services" encompass all the educational offerings, materials, strategies, algorithms, live streaming lessons, signals, webinars, PDFs, websites, and any other intellectual property provided or owned by the Company described in Item 3 of the Service Agreement Details or as subsequently agreed upon between the Parties.
4. Construction
(a) References to this Agreement or another agreement between the parties include any variation or replacement thereof.
(b) References to a statute, ordinance, code, or other law include regulations and other instruments issued under it, as well as any consolidations, amendments, re-enactments, or replacements thereof.
(c) The singular includes the plural, and vice versa.
(d) The masculine includes the feminine and neuter, and vice versa.
(e) References to a person include that person's executors, administrators, successors, substitutes, employees, agents, and permitted assigns.
(f) Any obligation, agreement, representation, or warranty on the part of or in favour of two or more persons binds, and/or is for the benefit of, them jointly and severally.
(g) References to anything are references to the whole or any part thereof.
(h) References to parties or clauses, unless otherwise stated, are references to the parties and clauses contained in this Agreement.
(i) Each party has participated in the negotiation and drafting of this document, and in the event of ambiguity or a question of interpretation arising, this Agreement is to be construed as if it was drafted jointly by the parties.
5. Supply of Service
5.1 The Company undertakes to provide the Services to the Client in accordance with the terms and conditions outlined in this Agreement.
5.2 The Client grants the Company permission to use any testimonials, success stories, successful trades, or other content produced by the Client during the provision of the Services for marketing purposes, unless the Client provides written notice to the contrary.
5.3 The Company retains the right to make non-material alterations to the Services provided.
5.4 The Company may, at its absolute discretion and without cause, cancel or terminate this Agreement at any time. In such an event, the Company will refund any money previously paid by the Client, and the Company shall not be liable for any losses or damages arising from such cancellation.
5.5 The Company reserves the right, without notice to the Client, to suspend the provision of Services if circumstances prevent the rendering of services or if the Client is in breach of this Agreement. In such cases, the Company shall not be held liable for any direct or indirect losses or damages resulting from such action.
5.6 In the event of cancellation by the Client, the Client remains liable for and agrees to indemnify and hold the Company harmless from any and all losses (whether direct or indirect) incurred by the Company as a direct consequence of the cancellation, including but not limited to loss of profits. The Client is also responsible for the payment of any outstanding portion of the Price.
6. Entire Agreement
6.1 Client's Representations and Warranties: The Client represents and warrants that it possesses the requisite authority and power to enter into this Agreement. Furthermore, the Client confirms its solvency and ability to meet its financial obligations as they become due. The Client acknowledges that this Agreement establishes a legally binding obligation, and all information provided to the Company is true and accurate in all material respects.
6.2 Acceptance and Agreement: The Client acknowledges that this Agreement governs the provision of services and expressly accepts and agrees to be bound by all the terms and conditions set forth herein.
6.3 Supremacy of Agreement: The Client agrees that, in the event of any inconsistency, the terms and conditions of this Agreement shall prevail over any other document or agreement between the parties.
6.4 Trustee's Agreement: If the Client is acting as a trustee of a trust, the Client, as trustee, further agrees to bind all trusts for which it acts as trustee, both presently and in the future.
6.5 Waiver of Defenses: The Client waives any defenses, including but not limited to lack of capacity, lack of authority, or any claim of fraudulent inducement, that could invalidate or challenge the enforceability of this Agreement.
6.6 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written agreements, understandings, or representations relating to the subject matter herein.
6.7 Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
6.8 Amendments: No modification, amendment, or waiver of any provision of this Agreement shall be effective unless it is in writing and signed by both parties.
7. Payment, Credit, and Price
7.1 Price and Payment Terms: The Client expressly acknowledges and agrees that the Price for the services, as described in Item 4 of the Service Agreement Details, is strictly non-negotiable and represents the fair value or understated value of the Company's expertise and resources dedicated to delivering the Services. The Client understands that the Price includes GST at the prevailing rate at the date of the invoice, which is payable in full along with the Price. Additionally, the Client shall be responsible for promptly paying any other applicable taxes, charges, or duties that may arise, unless expressly included in the Price.
7.2 Time for Payment: The Company emphasizes that time is of the essence regarding the payment of the Price. The Client shall remit the payment in accordance with the Payment Terms specified in this Agreement. If the Payment Terms provide for installment payments, the Client shall strictly adhere to the agreed schedule, without exception. In the absence of specific instructions, the Client shall make the payment within fourteen (14) days of the date of the invoice.
7.3 Payment Methods and Fees: Payment must be made by electronic payment or any other payment method nominated by the Company. The Client acknowledges and consents to the Company charging a non-negotiable $5 USD fee for any dishonoured payment, reflecting the costs and administrative burden incurred by the Company due to the Client's failure to honour their financial obligations. The Company reserves the right to automatically withdraw any late payment fees from the Client Account, ensuring timely resolution of outstanding balances.
7.4 Client Account Debit: By agreeing to this Agreement, the Client authorizes the Company, in its sole and absolute discretion, to arrange for the Price to be debited from the Client's credit/debit card or nominated account. This authorization extends to the Company debiting the Client card or Account in accordance with the Payment Terms, ensuring a seamless and efficient payment process. The Client acknowledges and agrees that:
(a) Instalment Payments: If the Payment Terms involve instalment payments, the Company reserves the right to debit the Client Account accordingly, reinforcing the Client's commitment to fulfilling their financial obligations promptly.
(b) Confidentiality of Account Information: The Company will keep information relating to the Client Account confidential, utilizing such information solely for the purpose of conducting direct debits and complying with any legal obligations. The Client can trust that their account details shall be handled with utmost care and professionalism.
(c) Verification of Client Account Details: The Client bears full responsibility for ensuring that the Client Account can accept direct debits and that the account details provided align with the most recent statement. Any discrepancies or inaccuracies may result in delays or complications in the payment process, for which the Company shall bear no liability.
(d) Availability of Sufficient Funds: The Client warrants and undertakes to maintain sufficient funds in the Client Account to facilitate seamless and timely payments in accordance with this Agreement. Any insufficiency in funds shall be considered a breach of the Client's financial obligations, subject to the consequences outlined in this Agreement.
(e) Notifying Changes to Account Details: It is the Client's obligation to promptly inform the Company in writing of any changes relating to the Client Account, including transfers, closures, or modifications to account details. The Client acknowledges that failure to provide timely notification may result in payment complications, and the Client shall assume full responsibility for promptly arranging alternative payment methods.
(f) Alteration of Direct Debit Request: Any request to alter the direct debit arrangement must be made in writing by the Client, and the Company retains sole discretion to agree to such alterations. Notwithstanding, the Company is under no obligation to grant such requests until the Price has been paid in full, ensuring the Company's financial interests
(g) Weekend or Public Holiday Payments: The Company anticipates the Client's understanding that, in cases where the due date for a payment falls on a weekend or a public holiday, the Company shall automatically debit the Client Account on the next business day. This arrangement ensures the Company's uninterrupted cash flow and maintains the integrity of the agreed-upon payment schedule.
(h) Dishonoured Withdrawal Fee: The Company emphasizes that any dishonoured payment places an undue burden on its financial operations. Therefore, in the event of a dishonoured payment, the Client shall be liable to pay a non-negotiable fee of $5 USD. This fee adequately compensates the Company for the additional administrative costs, resources, and inconveniences caused by the dishonoured payment, protecting the Company's best interests. The Company reserves the right to automatically withdraw any dishonoured payment fees from the Client Account, ensuring prompt resolution of outstanding amounts.
(i) Refund Policy: Our fees are non-refundable and we operate with a strict no refund policy. If you feel the services provided have not been delivered to an acceptable standard please email us at support@blackburycapital.com and we will aim to rectify this urgently.
8. Income Disclaimer
8.1 No Income Guarantee: The Client acknowledges and understands that the Company makes no guarantee, promise, or assurance of any kind regarding the income or earnings that may be achieved through the use of its services. The Client acknowledges that the Company's services are provided for educational and informational purposes only, and any statements, examples, or representations of income or earnings provided by the Company are for illustrative purposes only and should not be interpreted as a guarantee of future income or earnings.
8.2 Individual Results May Vary: The Client acknowledges and accepts that individual results may vary significantly based on their unique circumstances, efforts, and market conditions. The success and income potential of the services provided by the Company are influenced by various factors, including but not limited to the Client's skills, knowledge, experience, dedication, work ethic, and external market forces. The Client understands that their own success and income will be based on their individual efforts, actions, and circumstances.
8.3 No Warranty of Income: The Client acknowledges that the Company makes no warranties or representations, express or implied, regarding the income or earnings that may be achieved through the use of its services. The Company does not guarantee any specific level of income, financial success, or business growth. The Client acknowledges that any success or failure will be based on their own efforts, actions, and circumstances, and the Company shall not be held liable for any losses, damages, or expenses incurred by the Client related to their income or earnings.
8.4 Testimonials and Success Stories: The Client acknowledges that any testimonials or success stories provided by the Company are based on individual experiences and are not necessarily representative of the results that all clients may achieve. The Client understands that their own results may vary based on their unique circumstances, efforts, and other factors beyond the Company's control.
8.5 Individual Results Disclaimer: The Client understands that the testimonials and success stories provided by the Company are meant to showcase exceptional results achieved by certain individuals. These results may not be typical and should not be construed as a guarantee, promise, or representation of what the Client will achieve by using the Company's services.
8.6 Factors Affecting Results: The Client acknowledges that their own results will depend on various factors, including but not limited to their skills, knowledge, experience, dedication, work ethic, market conditions, and external factors beyond the control of the Company. The Company cannot guarantee that the Client will achieve similar results to those depicted in the testimonials or success stories.
8.7 No Assurance of Outcome: The Client acknowledges that the testimonials and success stories are provided for illustrative purposes only and should not be interpreted as a guarantee or assurance of any specific income or earnings. The Company makes no representation or warranty, express or implied, regarding the results that the Client may achieve through the use of its services.
8.8 Client Responsibility: The Client acknowledges that their own success is dependent on their individual efforts, actions, and circumstances. It is the Client's responsibility to assess their own skills, experience, and financial situation before making any business or investment decisions based on the testimonials or success stories provided by the Company.
8.9 Independent Verification: The Client is encouraged to independently verify the accuracy and reliability of any testimonials or success stories before making any decisions. The Client should exercise caution and conduct their own due diligence to determine the relevance and applicability of the information provided by the Company to their own situation.
8.10 No Liability: To the fullest extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, consequential, or special damages or losses arising from the Client's reliance on any testimonials or success stories provided by the Company. The Client acknowledges that they assume all risks associated with their interpretation and use of such information. The Client agrees that the Company, its directors, officers, employees, and affiliates shall not be held responsible for any negative outcomes, financial losses, or damages incurred by the Client as a result of their reliance on the testimonials or success stories.
8.11 Release and Indemnity: By using the Company's services and relying on the testimonials or success stories, the Client releases and indemnifies the Company, its directors, officers, employees, and affiliates from any and all claims, damages, liabilities, expenses, or losses arising from their own actions or decisions based on such information. The Client acknowledges that they are solely responsible for their own results and outcomes and that they will not hold the Company liable for any negative consequences.
8.12 Consultation and Professional Advice: The Client understands the importance of seeking independent professional advice and conducting their own research before making any financial or business decisions. The testimonials and success stories provided by the Company should not replace the advice of qualified professionals, and the Client should consult with appropriate advisors to assess the suitability of the Company's services for their specific needs. The Client acknowledges that they are responsible for their own due diligence and decision-making.
8.13 No Endorsement: The Client acknowledges that the testimonials or success stories should not be interpreted as an endorsement, approval, or recommendation of the Company's services by the individuals providing the testimonials. The Company cannot control how the information is interpreted or used by the Client, and therefore, the Company disclaims any responsibility for the Client's understanding or misinterpretation of the testimonials or success stories.
8.14 Entire Agreement: The provisions of this Income Disclaimer section shall be deemed to be incorporated into and form part of the entire Agreement between the Client and the Company. Any conflict or inconsistency between the provisions of this section and other provisions of the Agreement shall be resolved in favour of this Income Disclaimer section to the fullest extent permitted by law.
8.15 Survival: The provisions of this Income Disclaimer section shall survive any termination or expiration of this Agreement and shall continue to apply to any actions or decisions made by the Client based on the information or services provided by the Company during the term of the Agreement.
9. Risk and Delivery
9.1 Assumption of Risk: The Company emphasizes that the Client bears all risks associated with the Services provided. The Client acknowledges that the nature of the Services may involve certain inherent risks, including but not limited to market fluctuations, technological limitations, and unforeseen circumstances that may impact the outcome or effectiveness of the Services. The Client agrees to assume full responsibility for any risks or consequences that may arise from their use of the Services.
9.2 Electronic Delivery: The Services shall be delivered exclusively through electronic means, utilizing industry-standard communication channels and technology. The Company emphasizes that electronic delivery ensures efficiency, accessibility, and seamless transmission of information. By accepting these terms and conditions, the Client acknowledges and agrees that electronic delivery is the agreed-upon method of receiving the Services.
10. Warranties and Acknowledgements
10.1 No Warranty: To the maximum extent permitted by law, the Company expressly disclaims and excludes any warranties or conditions, whether express or implied, in relation to the Services. The Company does not provide any warranty, including but not limited to suitability, fitness for a particular purpose, quality, or any other warranty that would otherwise be implied by law. The Client acknowledges and agrees that the Services are provided on an "as-is" and "as-available" basis, and the Company makes no representations or warranties regarding the accuracy, reliability, or completeness of the Services.
10.2 Statutory Warranties: The Company acknowledges that this Agreement does not exclude any statutory warranties or guarantees that may be implied by operation of law, including those mandated under the Competition and Consumer Act 2010 (Cth) or other relevant legislation.
10.3 Client's Acknowledgements: The Client acknowledges and agrees to the following prior to the Company providing the Services:
(a) High-Risk Nature of Foreign Exchange Trading: The Client acknowledges and agrees that trading foreign exchange on margin carries a high level of risk and may not be suitable for all investors. The Client understands that past performance is not indicative of future results.
(b) Consideration of Investment Objectives and Risk Appetite: The Client acknowledges that, before deciding to invest in foreign exchange, they should carefully consider their investment objectives, level of experience, and risk appetite.
(c) Risk of Investment Loss: The Client acknowledges that engaging in foreign exchange trading carries the risk of sustaining a loss of some or all of their initial investment. Therefore, the Client should not invest money that they cannot afford to lose.
(d) Independent Financial Advice: The Client acknowledges that they have had the opportunity to seek advice from an independent financial advisor and fully understand the risks associated with foreign exchange trading.
(e) Limitations of Simulated or Hypothetical Performance Results: The Client acknowledges that the Services may include results based on simulated or hypothetical performance, which have inherent limitations. The Client understands that such results may not accurately represent actual trading and may be subject to factors such as lack of liquidity. The Client further acknowledges that past performance does not guarantee future profits or losses.
(f) General Market Commentary and No Investment Advice: The Client acknowledges and agrees that any news, opinions, analyses, signals, entry calls, research, quotes, charges, or other information provided as part of the Services are for general market commentary and educational purposes only. The Client understands that such information does not constitute investment or financial advice. The Client acknowledges their responsibility to seek independent financial advice to determine whether the Services are suitable for their individual circumstances, and the Company does not provide any advice in this regard.
By accepting these terms and conditions, the Client acknowledges and agrees to the inherent risks associated with the Company's speculative trading services, as well as the factors outlined below, which further highlight specific risks involved:
10.4 Speculation: The Client acknowledges that Blackbury Capital is a speculative trading firm, and by nature, speculative trading involves a degree of risk. There is no assurance that all investment objectives will be achieved.
10.5 Trading Strategy: The Client acknowledges that the Firm's trading methodology relies on price action analysis, historical data, and mathematical models to determine market activity and future price action. The risk is associated with the validity of this strategy and the client acknowledges and understands that the results of any and all trading strategies is never guaranteed as past performance is not indicative of future results.
10.6 Analysis Failure: The Client acknowledges the possibility of incorrect market data analysis, resulting in misalignment with the Firm's trading strategy. Factors such as inexperience, emotional state, and oversight of valuable information may affect a trader's ability to analyse market data accurately.
10.7 Algorithm Failure: The Client acknowledges that market conditions must be suitable for the Firm's mathematical models to operate as intended. Errors in the mathematical models, caused by certain market conditions, may result in incorrect predictions and the improper implementation of the Firm's strategy. The Client understands that periodic updates to the mathematical models may be necessary, and there is a risk of misinterpretation of relevant data by traders or key personnel responsible for analysing the models.
10.8 Leverage: The Client acknowledges that leverage is utilized by the Firm for all investments, often at a ratio of 500:1. The Client understands that leverage increases the risk associated with potential losses and the client will not under any circumstance trade with money they cannot afford to lose.
10.9 Emotional Failure: The Client acknowledges that emotions can impact a trader's ability to operate in accordance with the Firm's trading strategy. The Client recognizes the potential influence of emotions such as fear of missing out (FOMO), fear of loss, boredom, revenge trading, overconfidence, under confidence, and emotional attachment to trading positions or financial instruments may result in the client losing some or all of its trading capital.
10.10 Incorrect Data Entry: The Client acknowledges the possibility of data being incorrectly entered by a trader, particularly in stop-loss and take-profit coordinates. The Client understands that such mistakes can vary in risk, and in the worst-case scenario, may result in a margin call if the stop-loss is entered incorrectly and the client bears full and complete responsibility for this.
10.11 Incorrect Financial Product: The Client acknowledges the risk associated with trading the wrong financial product, which may occur due to negligence or oversight, potentially resulting in significant risk to the client and the client bears full and complete responsibility for this.
10.12 Reliance on Key Employees: The Client acknowledges that the Firm's operations and trading strategy depend on the services and knowledge of Key Employees. The Client recognizes that the departure of these individuals from the Company may have negative implications for business operations and overall trading management.
10.13 Infrastructure Risk: The Client acknowledges that business operations rely on various resources, and infrastructure failures, such as computer issues, internet connectivity problems, accidents, natural disasters, or power grid failures, may unexpectedly impact capital causing loss to the client.
10.14 Volatility: The Client acknowledges that market volatility is inherent when trading in the Foreign Exchange market and therefore may affect the clients results. The client bears full and complete responsibility for this.
10.15 Institutional Manipulation: The Client acknowledges that financial institutions may manipulate prices to capitalize on retail capital in the market. This manipulation can occur through forced manipulation of retail stop-loss orders or deception of price action, creating market conditions that favour these institutions. The irregularity and significance of such price manipulations expose the client to additional risk. The client bears full and complete responsibility for this.
11. Release and Indemnity
11.1 The Client hereby releases, indemnifies, and agrees to hold harmless the Company, its directors, officers, employees, agents, successors, and assigns, to the fullest extent permitted by law, from any and all costs, damages, liabilities, expenses, or losses (including but not limited to indirect, consequential, punitive, or exemplary damages, loss of profits, loss of business, or loss of data) that the Company may incur in relation to the Client or any third party. This indemnification includes costs, damages, liabilities, expenses, or losses arising from or contributed to by the services performed, any breach of this Agreement by the Client, the Client's use or misuse of the services, the Client's violation of any applicable laws or regulations, or for any other reason whatsoever.
11.2 The Client acknowledges and agrees that the Company shall have no liability for any claims, demands, actions, suits, or proceedings brought against the Company by any third party arising out of or in connection with the services provided by the Company. The Client further agrees to indemnify, defend, and hold the Company harmless against any such claims, demands, actions, suits, or proceedings and any resulting costs, damages, liabilities, expenses, or losses, including but not limited to legal fees and expenses.
11.3 The Client acknowledges that the Company has advised them to seek independent legal advice prior to entering into this Agreement. The Client further acknowledges that the provisions of this clause are reasonable and necessary to protect the legitimate interests of the Company and its stakeholders.
11.4 The Client's obligation to indemnify and hold the Company harmless under this clause 11 shall survive the termination or expiration of this Agreement and continue indefinitely.
11.5 To the maximum extent permitted by applicable law, the Client waives any and all rights they may have under any statute, regulation, or common law principle that would limit or exclude the Company's right to be indemnified or released from liability as set forth in this clause 11.
11.6 In the event of any claim, dispute, or litigation arising out of or in connection with this Agreement, the Client agrees to cooperate fully with the Company and its legal representatives, and to promptly reimburse the Company for all reasonable costs, expenses, and legal fees incurred in defending or resolving such claim, dispute, or litigation.
11.7 The Client acknowledges and agrees that the limitations of liability, release, and indemnity provided in this clause 11 are essential terms of this Agreement and have been taken into account in setting the Price and providing the services. The Client further acknowledges that these provisions allocate the risks between the parties and form the basis of their bargain.
11.8 If any provision of this clause 11 is found to be invalid or unenforceable under applicable law, the remaining provisions shall remain in full force and effect.
11.9 Nothing in this Agreement shall limit or exclude any liability that cannot be limited or excluded under applicable law, including liability for fraud, wilful misconduct, or death or personal injury caused by the negligence of the Company.
12. Limitation of Liability
12.1 The Client agrees that, to the fullest extent permitted by law, the Company's liability for any cost, damage, liability, expense, or loss, including those contributed to or caused by the Company's negligence or breach of any condition or warranty, shall be limited to any outstanding payments (if any) for the services completed by the Company and not paid by the Client. The Client acknowledges and agrees that in no event shall the Company be liable for any amount exceeding the Price agreed upon. The Client acknowledges that this limitation of liability is fair and reasonable, taking into account the nature of the services provided.
12.2 In the event that the Company is required to remedy the services pursuant to the provisions of the Competition and Consumer Act 2010 (Cth) but is unable to do so for any reason whatsoever, and provided that the Price has been paid by the Client, the Company may, at its sole discretion, elect to refund the Price as the sole and exclusive remedy for the Client.
12.3 The Client acknowledges and agrees that the Company shall not be liable for any damages for personal injury or death, damage to property, or any contingent, consequential, direct, indirect, special, or punitive damages, however caused, and under any theory of liability. This includes, but is not limited to, any loss of profit (whether incurred directly or indirectly), loss of goodwill or business reputation, death or personal injury, and any other intangible loss. The Client expressly acknowledges and accepts this limitation of liability and agrees to limit any claim accordingly.
12.4 The Client acknowledges and agrees that this Agreement constitutes the entire agreement between the Client and the Company, and supersedes any other term, condition, agreement, warranty, representation, or understanding, whether express or implied, relating to or binding upon the Company. The Client further acknowledges that no other terms, conditions, agreements, warranties, representations, or understandings, whether oral or written, shall be binding on the Company unless expressly incorporated in this Agreement.
12.5 Notwithstanding anything stated in this clause 12, the Client acknowledges and agrees that if any amounts are outstanding from the Client to the Company, the Client shall not be entitled to make any claim upon the Company whatsoever until such outstanding amounts have been fully settled.
12.6 The Client acknowledges and agrees that the limitations and exclusions of liability contained in this Agreement are fair, reasonable, and necessary to protect the legitimate interests of the Company. The Client further acknowledges that they have had the opportunity to seek independent legal advice before entering into this Agreement and fully understands the implications and consequences of the limitations of liability.
12.7 If any provision of this clause 12 is found to be invalid, unenforceable, or prohibited by applicable law, such provision shall be ineffective only to the extent of such invalidity, unenforceability, or prohibition, without invalidating or affecting the remaining provisions of this clause 12 or the enforceability of the affected provision in any other jurisdiction.
13. Financial Advice Disclaimer
13.1 No Provision of Financial Advice: The Client acknowledges and understands that the Company does not provide direct financial advice, including but not limited to investment advice, financial planning, or tax advice. The services provided by the Company are solely for educational and informational purposes. The Client acknowledges that any information, materials, or guidance provided by the Company are not intended to and do not substitute or replace the advice of a qualified financial professional.
13.2 Client's Sole Responsibility: The Client acknowledges and agrees that they are solely responsible for their financial decisions and actions. The Client understands that it is their duty to seek and obtain independent financial advice from qualified professionals before making any financial decisions. The Client acknowledges that the Company does not consider their individual financial circumstances, goals, objectives, risk tolerance, or any other relevant factors when providing its services.
13.3 No Liability for Financial Decisions: The Client acknowledges and agrees that the Company, its directors, officers, employees, and affiliates shall not be held liable for any losses, damages, costs, or expenses incurred by the Client as a result of their financial decisions or actions. The Client acknowledges that they assume full responsibility for the consequences of their financial choices, including any risks or losses associated with investments or financial transactions.
13.4 Indemnification: The Client agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and affiliates from and against any claims, demands, liabilities, expenses, or losses arising from or in connection with the Client's financial decisions or actions. The Client acknowledges that they are solely responsible for evaluating the suitability, risks, and potential outcomes of any financial decision, and they shall not hold the Company liable for any negative results or financial losses.
13.5 No Guarantee of Financial Results: The Client acknowledges and understands that the Company makes no guarantees or promises regarding any specific financial results or outcomes. The Client acknowledges that financial markets, conditions, and individual circumstances are subject to various factors and uncertainties beyond the control of the Company. The Client acknowledges that any projections, estimates, examples, or historical performance provided by the Company are for illustrative purposes only and should not be considered as a guarantee of future financial performance.
13.6 Entire Agreement: The provisions of this Financial Advice Disclaimer section shall be deemed to be incorporated into and form an integral part of the entire Agreement between the Client and the Company. In the event of any conflict or inconsistency between the provisions of this section and other provisions of the Agreement, the provisions of this Financial Advice Disclaimer section shall prevail to the fullest extent permitted by applicable law.
14. Intellectual Property Rights
14.1 Ownership and Warranty: The Company represents and warrants that it is the sole owner of all Intellectual Property rights in the Intellectual Property delivered to the Client as part of the services. The Client acknowledges and agrees that the Company's ownership of the Intellectual Property is valid and legally enforceable.
14.2 Exclusive Property of the Company: The Client acknowledges and agrees that all Intellectual Property, including but not limited to designs, developments, concepts, methodologies, algorithms, strategies, software, documentation, and any other materials provided by the Company as part of the services, are and shall remain the exclusive property of the Company. The Client does not acquire any intellectual property rights or ownership in the services or the Intellectual Property, regardless of whether the Company has specifically designed or developed the services for the Client. The client acknowledges that they are not permitted to use any of the company's intellectual property under any circumstance without the written permission of the company.
14.3 Restricted Use: The Client agrees and acknowledges that they are strictly prohibited from using the Intellectual Property for any purpose other than the intended use of the services. The Client shall not reproduce, modify, distribute, publicly display, or create derivative works of the Intellectual Property without the prior written consent of the Company. Any unauthorized use of the Intellectual Property may result in legal action and the Client shall be held liable for any damages / losses incurred by the Company.
14.4 Non-Infringement: The Client represents and warrants that their use of the services and the Intellectual Property does not infringe upon the intellectual property rights of any third party. The Client agrees to promptly notify the Company of any suspected or alleged infringement of intellectual property rights and cooperate fully in any investigation or legal proceedings related to such infringement.
14.5 Indemnification: The Client hereby indemnifies and agrees to indemnify the Company, its directors, officers, employees, and agents against any and all liability, losses, damages, expenses, or costs (including all legal fees) incurred by the Company in connection with any claim, suit, or action arising out of or related to the Client's use of the services, including any claim of infringement of intellectual property rights by a third party.
14.6 Confidentiality: The Client acknowledges and agrees that the Intellectual Property provided by the Company is confidential and proprietary information. The Client shall maintain strict confidentiality and shall not disclose or make available the Intellectual Property to any third party without the prior written consent of the Company, except as required by applicable law.
14.7 Survival: The obligations and provisions of this section shall survive the termination or expiration of this Agreement, ensuring the continued protection of the Company's Intellectual Property rights.
15. Confidentiality
15.1 Non-Disclosure Obligation: The Client acknowledges and agrees that all Confidential Information provided by the Company, including but not limited to trade secrets, know-how, business strategies, algorithms, methodologies, financial information, customer data, and any other proprietary or sensitive information, shall be kept strictly confidential. The Client shall not disclose, reproduce, distribute, or make any use of the Confidential Information, in whole or in part, without the prior written consent of the Company. This obligation of non-disclosure shall apply during the term of this Agreement and indefinitely thereafter.
15.2 Duty of Care: The Client shall exercise the highest degree of care and take all necessary precautions to prevent the unauthorized disclosure or use of the Confidential Information. The Client shall implement reasonable security measures to safeguard the Confidential Information and ensure that only authorized personnel who have a legitimate need to access the Confidential Information are granted such access.
15.3 Unauthorized Disclosure: In the event that the Client becomes aware of any unauthorized disclosure, access, or use of the Confidential Information by a third party, including its agents, employees, contractors, or affiliates, the Client shall promptly notify the Company in writing. The Client shall provide all relevant details of such unauthorized disclosure or use and shall cooperate fully with the Company in any actions taken to mitigate the effects of such unauthorized disclosure.
15.4 Liability for Unauthorized Disclosure: The Client acknowledges and agrees that any unauthorized disclosure or use of the Confidential Information, whether intentional or unintentional, may cause irreparable harm to the Company. Therefore, the Client shall be liable for any damages, losses, costs, or expenses incurred by the Company as a result of such unauthorized disclosure or use, including but not limited to legal fees and costs of any legal proceedings.
15.5 Remedies: The Client acknowledges that monetary damages may not be a sufficient remedy for any breach of this confidentiality provision. In addition to any other remedies available at law or in equity, the Company shall be entitled to seek injunctive relief, specific performance, or other equitable remedies to enforce the obligations of confidentiality set forth in this Agreement.
15.6 Survival: The obligations of confidentiality set forth in this Agreement shall survive the termination or expiration of this Agreement and shall continue to bind the Client and its agents, employees, contractors, and affiliates.
15.7 No Implied License: Nothing in this Agreement shall be construed as granting the Client any license or right, whether express or implied, to use, reproduce, modify, or disclose any of the Confidential Information, except as expressly authorized in writing by the Company.
15.8 Non-Solicitation: The Client agrees that during the term of this Agreement and for a period of 5 years after its termination or expiration, the Client shall not directly or indirectly solicit, induce, or hire any employee, contractor, or representative of the Company who had access to the Confidential Information without the prior written consent of the Company.
15.9 Severability: If any provision of this confidentiality provision is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable to the maximum extent permitted by law.
16. Non Disparagement
16.1 The Client acknowledges and agrees that during the term of this agreement and indefinitely thereafter, they shall not, directly or indirectly, make any negative or harmful statements, whether oral or written, about the Company, including its officers, employees, agents, or products and services. This includes, but is not limited to, any statements that may defame, disparage, or damage the reputation, goodwill, or business interests of the Company.
16.2 The Client understands and acknowledges that this non-disparagement obligation extends to all forms of communication, including but not limited to social media platforms, online reviews, public speeches, interviews, and media appearances. The Client agrees to exercise caution and responsibility in their communications, ensuring that they do not engage in any actions that could harm the reputation or business interests of the Company.
16.3 In the event of a breach of this non-disparagement clause by the Client, the Company shall be entitled to seek injunctive relief and any other remedies available under Australian law. This may include seeking damages for any harm caused to the Company's reputation, goodwill, or business. The Client acknowledges that the Company's entitlement to remedies may extend beyond monetary compensation to address the potential irreparable harm caused by the breach.
16.4 The Client agrees that nothing in this clause shall prohibit them from providing truthful statements or disclosures as required by applicable law, regulation, or court order. The Client acknowledges that their duty to provide truthful information remains intact, but any statements made must be within the boundaries of legal obligations and not intended to defame or disparage the Company.
16.5 The Client acknowledges and understands that a breach of this non-disparagement clause may cause irreparable harm to the Company. They recognize that monetary damages may not be an adequate remedy to address the harm caused. Therefore, the Company shall be entitled to seek injunctive relief without the necessity of posting a bond or other security as permitted by law.
16.6 By signing this agreement, the Client confirms that they have read, understood, and agreed to the terms of this non-disparagement clause. They acknowledge their responsibility to uphold this obligation and shall abide by its provisions, respecting the reputation, goodwill, and business interests of the Company."
17. Privacy and Credit Information
16.1 Authorization to Collect and Use Information: The Client irrevocably authorizes the Company to collect, use, exchange, and disclose the Client's personal information, including credit information and information relating to property, business, or solvency matters, as deemed necessary by the Company. This authorization extends to making enquiries with trade references, credit reporting bodies, financiers, government departments, and other relevant organizations (Information Providers). The purposes for which the Company may collect and use the Client's information include:
(a) Assessing the credit position and creditworthiness of the Client;
(b) Evaluating the suitability of providing credit to the Client;
(c) Conducting marketing activities (unless the Client has opted out of direct marketing);
(d) Notifying credit providers of any default by the Client;
(e) Obtaining credit reports or maintaining/updating the Client's credit file through credit reporting bodies.
16.2 Scope of Information Exchange: The Client acknowledges and understands that the information exchanged under clause 16.1 may include any information related to the Client's creditworthiness, credit history, financial position, and other relevant details.
16.3 Consent to Disclosure: The Client consents and authorizes the Company to disclose the Client's personal information, including credit information, to Information Providers for the purposes outlined in clause 16.1. The Client acknowledges that the Company may also disclose the Client's personal information to any interested person, including overseas third parties, to the extent permitted by the Privacy Act 1988 (Cth) and the Australian National Privacy Principles (if applicable).
16.4 Indemnification: The Client agrees to indemnify and hold the Company harmless against any liability, losses, damages, costs, or expenses incurred by the Company in relation to the collection, use, exchange, or disclosure of the Client's personal information as authorized under this Agreement.
16.5 Waiver of Privacy Act Rights: To the maximum extent permitted by law, the Client agrees to waive all rights and protections conferred upon them under the Privacy Act 1988 (Cth), including the right to access and correct personal information and the right to lodge complaints with regulatory authorities.
16.6 Compliance with Privacy Laws: The Company will use reasonable efforts to comply with all applicable privacy laws and regulations in the collection, storage, use, and disclosure of the Client's personal information. The Company will implement appropriate security measures to protect the confidentiality and integrity of the information collected.
16.7 Notification of Changes: The Client agrees to promptly notify the Company of any changes to their personal information, including contact details, to ensure the accuracy and currency of the information held by the Company.
16.8 Severability: If any provision of this privacy and credit information section is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable.
18. Default and Termination
17.1 Termination in Case of Insolvency: If either the Company or the Client becomes insolvent, appoints an administrator, receiver, receiver and manager, liquidator, trustee in bankruptcy, or commits an act of insolvency, the other party may terminate this Agreement without written notice.
17.2 Termination for Client's Breach:
(a) Breach Notice: If the Client is in breach of any term of this Agreement, including any payment obligation, the Company may terminate this Agreement by providing three (3) Business Days' written notice to the Client. The Company will allow the Client to remedy the breach within the specified notice period. If the breach is remedied to the satisfaction of the Company, the Agreement will not be terminated.
(b) Termination Notice: The Company may terminate this Agreement for any reason by providing the Client with thirty (30) days' written notice. The Company will continue providing the services until the expiration of the notice period.
(c) Refund of Price: If the Company terminates this Agreement for reasons other than a breach by the Client, the Company will refund the Client the proportionate amount of the Price for the services not performed, calculated from the date of cessation of the services. The Company shall retain the amount of the Price for the services already provided.
17.3 Consequences of Termination: Upon termination of the Agreement, all outstanding amounts become immediately due and owing to the Company. In its sole and absolute discretion, the Company may:
(a) Terminate or Suspend Services: Terminate or suspend the supply of services;
(b) Retain Payments: Retain all monies paid by the Client;
(c) Cease Future Delivery: Cease all future delivery of services;
(d) Cancel Unfulfilled Services: Cancel all or any part of the services that remain unfilled;
(e) Recover Loss of Profits: Recover from the Client any loss of profits arising from the Client's default.
17.4 Exclusion of Consequential Loss: If the Company exercises its rights under clause 19.2, it shall not be liable to the Client for any consequential loss or damages suffered by the Client.
17.5 Termination for Company's Breach:
(a) Breach Notice: If the Company breaches the Agreement by a total failure to provide any services within a reasonable period, the Client may terminate this Agreement by providing three (3) Business Days' written notice to the Company. The Company will be given an opportunity to remedy the breach within the specified notice period. If the breach is remedied to the satisfaction of the Client, the Agreement will not be terminated.
(b) Termination Notice: The Client may terminate this Agreement for any reason by providing the Company with thirty (30) days' written notice. The Company will continue providing the services until the expiration of the notice period.
(c) Payment Obligation: If the Client terminates this Agreement for reasons other than a breach by the Company, the Client shall pay the Company the balance of the Price due and owing (if any). The Company shall retain the amount of the Price already paid. The Company is entitled to claim its loss of profits resulting from the termination.
19. Notices
18.1 Form of Notice: Any notice or communication relating to this document (the "Notice") must be in writing and given by a party, its authorized officer, or its solicitor.
18.2 Delivery Methods: A Notice may be delivered by one of the following methods:
(a) Personal Delivery: The Notice shall be hand-delivered to the recipient's physical address or registered office, ensuring that it is received directly by an authorized representative of the recipient.
(b) Postal Delivery: The Notice shall be posted to the recipient's address or registered office using a reliable postal service, with postage prepaid. If the Notice is sent to or from a location outside of the USA, it shall be sent by airmail.
(c) Facsimile: The Notice may be transmitted by facsimile to the recipient's facsimile number as provided by the recipient.
(d) Email: The Notice may be sent via email to the recipient's email address as provided by the recipient.
18.3 Deemed Service: A Notice is deemed to have been served, if sent:
(a) Delivered Letter: In the case of a Notice delivered by hand, it shall be deemed served at the time of delivery, as evidenced by a signed receipt or acknowledgement from the recipient.
(b) Posted Letter: In the case of a Notice sent by post, it shall be deemed served on the second (2nd) Business Day after posting (or the seventh (7th) if posted to or from a place outside of the USA), as evidenced by proof of posting or a certificate of posting.
(c) Email or Facsimile: In the case of a Notice sent by email or facsimile, it shall be deemed served at the time of successful transmission, unless the sender receives a transmission report indicating a delivery failure.
18.4 Notice to Solicitor: A Notice may be given and signed by a party's lawyer or delivered to a party's lawyer using any of the methods listed in this clause, including delivery to the lawyer's business address, firm email address, or facsimile number.
18.5 Evidence of Service by the Company: The Company may provide evidence of service of a Notice by issuing a written certificate signed by an authorized representative of the Company or a solicitor acting on behalf of the Company. Such certificate shall serve as conclusive evidence of the date of posting or delivery of the Notice.
20. Miscellaneous
19.1 No Partnership or Agency: The parties expressly agree that nothing contained or implied in this Agreement shall create or constitute a partnership, joint venture, or agency relationship between them. Neither party shall act, represent, or hold themselves out as having the authority to act as an agent of the other party or bind the other party to any obligations or commitments.
19.2 Force Majeure: The Company shall not be liable for any delay or failure to perform its obligations under this Agreement caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government regulations, embargoes, strikes, labour disputes, or any other event of force majeure. In the event of such force majeure, the Company shall be excused from performance to the extent of the delay or non-performance, and the time for performance shall be extended accordingly.
19.3 Severability: If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such provision shall be severed from this Agreement in that jurisdiction, and the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
19.4 Waiver: No failure or delay by the Company in exercising any right, power, or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof. The Company's waiver of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach.
19.5 Survival: The rights and obligations of the parties under this Agreement shall survive any termination or expiration of this Agreement to the extent necessary for their full and complete fulfillment.
19.6 Further Assurances: Each party agrees to promptly execute and deliver any additional documents and take any further actions that may be necessary or desirable to give full effect to the terms and conditions of this Agreement.
19.8 Amendment: This Agreement may only be amended or modified in writing signed by both parties. Any oral agreements or understandings shall have no effect unless reduced to writing and signed by both parties.
19.9 Assignment: The Client shall not assign, transfer, or delegate any of its rights, obligations, or interests under this Agreement without the prior written consent of the Company. The Company may assign or transfer its rights and obligations under this Agreement to any affiliated entity or third party without the prior consent of the Client.
19.10 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of Delaware, USA. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Delaware, USA.
19.11 Entire Agreement: This Agreement, including any schedules or exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements, whether oral or written, relating to such subject matter.
19.12 Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall have the same legal effect as original signatures.
By accepting these terms of service, you acknowledge that you have read, understood, and agreed to be bound by the provisions set forth in this Agreement. It is important to review and familiarize yourself with the entire Agreement before proceeding to use our programs, services, materials, websites, strategies, algorithms, live streaming lessons, signals, webinars, PDFs, or any other materials or resources provided by the Company.
If you do not agree to any part of these terms and conditions, you must discontinue the use of the aforementioned programs and resources immediately.
It is the Company's intention to ensure the protection of its rights and interests while providing valuable services and resources to its clients. The carefully crafted sections of this Agreement aim to establish a clear understanding between the Company and the Client regarding the terms and conditions of use for all programs, services, materials, websites, strategies, algorithms, live streaming lessons, signals, webinars, PDFs, and any other resources provided by the Company.
The Company holds the rights to all programs, services, materials, websites, strategies, algorithms, live streaming lessons, signals, webinars, PDFs, and any other resources it provides or owns. By agreeing to these terms and conditions, you acknowledge and respect the Company's ownership and intellectual property rights. You understand that unauthorized use, reproduction, distribution, or modification of any of these resources is strictly prohibited and may result in legal consequences.
The Agreement establishes the rights and responsibilities of both the Company and the Client regarding the use of these programs and resources. It outlines the permitted uses, limitations, and restrictions that apply to ensure fair and appropriate utilization of the Company's intellectual property.
We strongly advise you to carefully review all sections of this Agreement, as it encompasses the terms and conditions that govern your access to and use of our programs, services, materials, websites, strategies, algorithms, live streaming lessons, signals, webinars, PDFs, and any other resources provided by the Company. Understanding and adhering to these terms and conditions is vital for maintaining a lawful and mutually beneficial relationship.
The Company's commitment to protecting its rights and interests extends to all the programs, services, materials, websites, strategies, algorithms, live streaming lessons, signals, webinars, PDFs, and other resources it provides or owns.
We encourage open communication and welcome any questions or concerns you may have regarding the terms and conditions of use outlined in this Agreement. It is our aim to provide you with valuable services and resources while safeguarding our rights and interests. We value our relationship with you as a client and are committed to providing a high standard of service within the parameters set forth in this Agreement.
Thank you for your understanding and cooperation.
Restrictions on use
Prohibited conduct
You agree that you are not permitted to do any of the following in the use of this Site:
- disclose your username or password details to access the Website to any other person or entity or otherwise allow any other person or entity to use your username or password details;
- use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
- engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
- use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
- use this site by any automated means;
- use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
- access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
- interfere with the display of any advertisements appearing on or in connection with this site;
- reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this site;
- reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
- falsely imply that any other website is associated with this site;
- do anything that leads, or may lead, to a decrease in the value of the Company's intellectual property rights in this site;
- use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
- release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Company without the Company's prior written consent; or
- use this site to transmit any information or material that is, or may reasonably be considered to be: abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way; libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised; infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right; in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship; in breach of any person’s privacy or publicity rights; a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement); in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so; containing any political campaigning material, advertisements or solicitations; or otherwise likely to bring the Company or any of its staff into disrepute.
Violations of these Website Terms of Use
Without limiting any other remedies available to the Company at law or in equity, the Company reserves the right to, without notice:
- temporarily or indefinitely suspend, or terminate, your access to this site and any related group or app used in conjunction with this Website, or refuse to provide products or services to you, in our sole and absolute discretion, if:
- you breach any provision of these Website Terms of Use;
- the Company is unable to verify or authenticate any information that you provide to us; or
- the Company believes that your actions may cause damage and/or legal liability to the Company, any of its customers or suppliers or any other person; and
- remove or block access to any information and/or materials (in whole or in part) that the Company, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Website Terms of Use; and
- you are not entitled to a refund of any services fees paid to use to the Website, pursuant to any Services Agreement.
Indemnity
You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):
- any material or information that you submit, post, transmit or otherwise make available through this site;
- your use of, or connection to, this site; or
- your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.
Registration and account security
Requirement for registration
The Company reserves the right to make any parts of this site accessible only to users who have registered.
Username and password
If we require for you to register for an account, you will be issued with a username and password to access your account. You are then responsible for maintaining the security of your password for this site. The Company will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Company will be entitled to assume that any person using this site with your username and password is you or your authorised representative. You must notify the Company immediately of any known or suspected unauthorised use of any password or any other breach of security.
User information
In order to register an account with this site or be provided with our Services, you must agree to these Website Terms of Use and provide the Company with:
- a valid email address;
- accurate billing and contact information (including your street address and the name and telephone number of your authorised billing contact and administrator); and
- any other information that may be required by the Company.
You must promptly update this information to maintain its accuracy at all times.
You represent and warrant to the Company that all information provided to the Company by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.
Multiple accounts and automated account opening
One person may not maintain more than one account with this site.
Intellectual property
Copyright
In these Website Terms of Use, the term "Proprietary Content" means:
- this site;
- all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and
- all software, systems and other information owned or used by the Company in connection with the products and services offered through this site (whether hosted on the same server as this site or otherwise).
All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Usage Terms or with the prior written consent of the Company or other copyright owner (as applicable).
You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.
Trademarks
The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of the Company.
User Content
In these Website Terms of Use, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Website by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.
This site contains some features that enable you and other users to upload User Content. The Company reserves the right to display, refuse to display, remove and/or amend all or any part of any User Content at its absolute discretion.
In respect of any User Content that you upload, you:
- represent and warranty to the Company that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and
- grant to the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way at the Company’s absolute discretion.
Copyright claims
If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not
respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.
Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
This site is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:
- the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- this site will meet your requirements or expectations;
- anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;
- the quality of any products, services, information or other material purchased or obtained through this site will meet any particular requirements or expectations;
- errors or defects will be corrected; or
- this site or the servers that make it available are free of viruses or other harmful components.
Risks Disclaimer
In accessing the content of this website or any Services provided by the Company, you acknowledge that you access the information provided to you at your own risk. The Services we offer are the supply of information only, we do not represent that you will achieve any particular result from the use of the information or that you will or are likely to achieve profits or losses similar to those represented.
Trading foreign exchange on margin carries a high level of risk and may not be suitable for all investors. Past performance is not indicative of futures results. The high degree of leverage can work against you as well as for you. Before deciding to invest in foreign exchange you should carefully consider your investment objectives, level of experiences, and risk appetite. It is possible that by engaging this activity you may sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all of the risks associated with foreign exchange trading and seek advice from an independent financial advisor if you
have any doubts.
You further acknowledge and agree that any news, opinions, analyses, research, quotes, charges or other information contained on this Website are provided as general market commentary and do not constitute investment or financial advice.
Limitation of liability
Exclusion of liability
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.
Remedies limited
To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company's sole discretion) to the re-supply of the services or the payment of the costs of having those services supplied again.
Release
You agree that your use of this site is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.
Force majeure
To the maximum extent permitted by law, and without limiting any other provision of these Website Terms of Use, the Company excludes liability for any delay in performing any of its obligations under these Website Terms of Use where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.
General
Interpretation
In these Website Terms of Use, the following rules of interpretation apply:
- headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
- these Website Terms of Use may not be construed adversely against the Company solely because the Company prepared them;
- the singular includes the plural and vice-versa;
- a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
- the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.
Notifications
The Company may provide any notification for the purposes of these Website Terms of Use by email and/or by adding the notification into your user control panel.
Costs
Except as specifically provided in these Website Terms of Use, each party must bear its own legal, accounting and other costs associated with these Website Terms of Use.
Assignment
You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without the Company's prior written consent. Your registration with this site is personal to you and may not be sold or otherwise transferred to any other person.
The Company may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.
No waiver
Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company's right to act with respect to that breach or any subsequent or similar breaches.
Severability
The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
Variation
The Company reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site or the products/services offered through this site.
You may only vary or amend these Website Terms of Use by written agreement with the Company.
Governing law and jurisdiction
These Website Terms of Use will be governed in all respects by the laws of Queensland. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and the courts of appeal from them.