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LEGAL NOTICES AND DISCLAIMERS WEBSITE TERMS AND CONDITIONS Agreement Access to and use of this site is provided, subject to these Terms and Conditions. By using this site the user (you or your) unconditionally agree to accept to be legally bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you must not use this site. This site and the information provided on this site are owned by Optionetics Pty Ltd ACN 100 489 254 (OPL, us, we ,our). OPL is an Authorised Representative of Investment Educators Australia Pty Limited ACN ("IEA"), the holder of an Australian Financial Services Licence (No: 241060). OPL and IEA are affiliates of optionsXpress Australia Pty Ltd ACN 085 258 822 under common ownership of optionXpress Holdings Inc. All products and services offered by optionsXpress Australia Pty Ltd are provided in accordance with the conditions of its AFSL No. 246743. Investment Disclaimer In supplying you with a Product or providing you with information we have not taken into account your investment objectives, financial situation or particular needs. Before making any investment decision on the basis of any information we provide you or contained in any of our Products you need to consider, with or without the assistance of a licensed adviser, whether the information is appropriate in light of your particular investment needs, objectives and financial circumstances. Testimonials Testimonials included on this site represent the outcomes that have been provided to us by individual clients and may not be typical of what every individual will achieve. All testimonials are provided voluntarily, without payment, inducement or other benefit and are from our genuine clients. Intellectual Property The trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are our registered and common law Trademarks, our affiliates, and various third party licensors. All copyright in the information available on this site belongs to us our licensors. The copying, redistribution, retransmission or publication of which is strictly prohibited without our written consent. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the content on this site, the copyright therein or Trademarks without our prior written permission, or such other party that may own the content on the site or Trademarks except that you may download, display and print the information presented on this site for your personal use and solely for non-commercial purposes. You agree that you shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other loss or harm resulting from your use of this site. Third party information and Site Links This site contains or may contain references and links to other companies and/or their sites. We make no representations, warranties or endorsements whatever about any other sites to which you may have access through this site or any products or services of those other companies, even if the products and services of those other companies or their sites are described or offered on this site or integrated with the Products or Services. The site contains or may contain articles written by third parties. These articles are provided for the interest of our customers, however at no time should they be construed to be our views or to constitute trading advice by us. ASX material on this site is subject to the Terms of Use which appear on www.asx.com.au. Privacy Policy Please click here to review the complete Optionetics Pty Ltd Privacy Policy. You acknowledge that you have read the Policy, and agree to its terms. Warranty Disclaimer To the maximum extent permitted by law and subject to the statutory warranties below, neither we or IEA make any warranty or representation of any kind regarding this site and/or any materials provided on this site, all of which are provided on an "as is" basis only. In particular no warranty is given in respect of the timeliness accuracy, completeness, currency or reliability of any of the content found on this site and, subject to the statutory warranties below, expressly disclaims all warranties, terms and conditions, including all implied warranties, terms and conditions of merchantability, satisfactory quality, fitness for a general or particular purpose and non-infringement of proprietary rights, and those arising by statue or otherwise in law or from a course of dealing or usage of trade. We do not warrant that this site, its servers or any email sent from us are free of viruses. Statutory Warranties Where legislation (including the Trade Practices Act 1974 in Australia) implies warranties or conditions or imposes obligations which cannot be excluded, restricted or modified except to a limited extent these Terms and Conditions must be read subject to any such statutory provisions. If such statutory provisions apply, to the extent to which we are entitled to do so, the liability of each will be limited at their option to:
Limitation of Liability To the full extent permitted by law in no event shall we be liable to you for any indirect, special, incidental or consequential damages including without limitation damage to your computer to computer system or settings, loss of data, revenue or profits, which you may suffer arising out of your use, delay in using or inability to access this website or its Products, or in any other way connects with this website, or the Products displayed on this website including without limitation from the downloading of any software from this website. Indemnification You agree to defend and indemnify us and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf or by third parties as a result of your breach of these terms and conditions or your negligence. Variations We reserves the right to change any information related on this website at any time, without notice at its sole discretion by posting an updated version of these Terms and Conditions on this site. You are responsible for regularly reviewing these Terms and Conditions and if you use this website after any such changes are published, such use shall constitute your agreement to such changes. Governing Law These terms and conditions are governed by the laws of New South Wales and both parties submit to the exclusive jurisdiction of the courts of that State. PURCHASE TERMS AND CONDITIONS When do these terms and conditions apply? These terms and conditions (Terms) are a legally binding agreement between you or the organisation you represent ( you, your) and Optionetics Pty Ltd ACN 100 489 254("OPL")an Authorised Representative of Investment Educators Australia Pty Limited, the holder of an Australian Financial Services Licence (No: 241060) (us, we, our). They apply whenever you purchase a Product from us online or from our telephone sales staff and also govern your use of that Product. You should read these Terms in conjunction with our, Refund Policy and Procedures and Privacy Statement and any additional terms and conditions which apply to your purchase and use of a particular Product (as notified by us or agreed by you at the time you purchase the Product)(Additional Terms). Disclaimer In supplying you with a Product or providing you with information we have not taken into account your investment objectives, financial situation or particular needs. Before making any investment decision on the basis of any information we provide you or contained in any of our Products you need to consider, with or without the assistance of a licensed adviser, whether the information is appropriate in light of your particular investment needs, objectives and financial circumstances. Special Meanings When used in these Terms and the Additional Terms: Class means a all seminars, workshops, computer labs, coaching or courses (online or face to face) or related classes. Intellectual Property Rights means all current and future registered and unregistered rights in respect of patents, copyright, designs, circuit layouts, trademarks, trade secrets, know-how, confidential information, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967. Product means a product which we have advertised for sale on this website, via our marketing, or through our sales channels. It includes (but is not limited to) all Classes, home study courses, publication subscriptions, Software, data services and associate manuals and other materials or services incorporated in or supplied with a product. Software means any hosted or PC based software including but not limited to Platinum, ProfitSource, OptionGear, ValueGain & Integrated Investor and any related printed material, the online help and information and any other associated information and documentation and any upgrades of, or supplements to, those programs provided by us from time to time. Ordering Products Receipt of your order (or our confirmation of your order) does not require us to supply the Product to you until we receive payment for the Product as described below in these Terms. You are responsible for correctly entering all requested order information on our website or order forms. Payments Your order for Products must be accompanied by payment of the specified purchase price and delivery costs (using one of the prescribed payment methods) by available credit or otherwise in immediately available funds. When you purchase a Product from our telephone sales staff you will receive an invoice setting out the payment details. The invoice is confirmation of your authority to debit your credit card the amounts set out in the invoice in accordance with these Terms. It is your responsibility to ensure that there are sufficient funds available in your account to allow a debit to be made or you must arrange for payment to be made by another method. If there are insufficient funds available you may incur additional fees or charges. All late payments will incur interest at the rate of 12% p.a. calculated daily and you will be responsible for any third party collection agency costs. We reserve the right to suspend or cancel delivery of any undelivered Product or Service including data services whilst any payments remain outstanding and you agree to forfeit any/all claims to payments already made. Delivery Where you have purchased a product which does not require physical delivery, we will usually be able to arrange access to that Product for you within 1 working day of the purchase date or on the date of the Class. Where the purchased Products require physical delivery, we will make a delivery within the period agreed when you purchased the Product. While we will make every reasonable effort, we do not guarantee that Products will be delivered or made available to you within a particular timeframe. Extra freight and administrative costs may apply if we have to redirect a Product to another destination to that originally nominated by you. You will need to allow additional time for international delivery. Guarantees & Refunds Our policies and procedures in relation to guarantees and refunds are set out in Refunds Policy and Procedures. Class Credits A Class Credit is the right to attend an OPL Class specified by the type of Class Credit. Class Credits can only be used for the class which they are specified and must be used within 12 months from the date of purchase. Class Credits are non-transferable. Class Changes Your request to change Class location or date will be granted only if OPL can find another student to take your place. OPL reserve the sole right to change Class content. OPL reserve the right to cancel, reschedule or change location of any Class. If a Class for which you have been enrolled is cancelled or rescheduled we will make every reasonable effort to accommodate you in the next available scheduled Class. OPL will not under any circumstances be liable for any out of pocket expenses incurred by you as a result of any cancellation or rescheduling. Classes are non-transferable. Special Needs We will make every reasonable effort to accommodate people with special needs who register to attend our Classes. Please contact OPL if you have any special requirements before your scheduled Class to enable us to cater for those needs. In any event we reserve the right to refuse admissions to anyone that we, in our sole discretion, determine we cannot adequately cater for and still meet the needs of our other students. Minors We will make every reasonable effort to accommodate minors under the age of 18 who wish to attend our Classes. Minors may only attend our Classes when accompanied by a full paying adult. Minors may attend our entry level Class free of charge up to the age of 18. Minors do not receive Home Study Materials. Terms of Use By purchasing a Product from us, you do not acquire ownership of or title to that Product. The Intellectual Property Rights in a Product remain ours at all times. However, your payment of the purchase price grants you a personal non-exclusive, non-transferrable license to use the Product and in the case of Software, on a single computer solely for your own personal use. Without limiting any of the above, you must not (and must not attempt to) sub-licence, copy (other than for personal use or back-up), assign, transfer, redistribute, sell, broadcast, alter, modify, decompile, reverse engineer, access source code or dissemble the Product or the information it contains or cause or permit any person to do any of these things. If you fail to comply with the above Terms and use or disclose the confidential information in the Products we may (at our sole and absolute discretion and without refund):
Except as advertised by us in relation to a Product or specified in Additional Terms, your right to use a Product does not include a right to receive updates or revisions of that Product. We may, however, at our discretion, decide to offer these to you from time to time (which may be at additional cost) and require you to agree to additional terms. Renewals Products or services supplied with or as a subscription will be required to be renewed to continue using the Product or service at the completion of the subscription period. All renewal fees will be payable by you. Technical and Education Support Technical and Education support is provided with a Product without additional charge and may be delivered by any combination of email, live chat and online forums. Online Classes Minimum Requirements To participate in an online Class you will require:
Warranty Disclaimer To the maximum extent permitted by law and subject to the statutory warranties below, OPL makes no warranty or representation of any kind regarding the Products or Services, all of which are provided to you on an “as is” basis. OPL specifically excludes any warranty as to the suitability, accuracy, completeness, currency or reliability of the Products or Services, content or data used by the Products or Services and any warranties, terms and conditions, including all implied warranties, terms and conditions of merchantability, satisfactory quality, fitness for a general or particular purpose and non-infringement of proprietary rights, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Statutory Warranties Where legislation (including the Trade Practices Act 1974 in Australia) implies warranties or conditions or imposes obligations which cannot be excluded, restricted or modified except to a limited extent, these Terms and Conditions must be read subject to any such statutory provisions. To the extent to which OPL is entitled to do so, its liability will be limited at its option to: (a) in the case of supply of goods, the replacement of the goods or supply of equivalent goods, the payment of the cost of replacing the goods or acquiring equivalent goods, the payment of the cost of having the goods repaired or the repair of the goods; and (b) in the case of services, the supply of the services again, or the payment of the cost of having the services performed again. Limitation of Liability In no event shall OPL be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind or for any lost profits or lost savings, whether based in contract, tort (including negligence), equity, strict liability, statute or otherwise, which arises out of or is in any way connected with (i) any use of the Products or Services (ii) any failure or delay (including, but not limited to the use of or inability to use the Products or Services, or (iii) the performance or non performance by OPL even if it has been advised of the possibility of damages to such parties or any other party. If, notwithstanding the foregoing, OPL should be found liable for any loss or damage which arises out of or is in any way connected with your use of the Products or Services, OPL aggregate liability shall in no event exceed the purchase price paid by you. Our liability to you If a warranty or condition implied by law cannot be excluded, our liability in relation to such a warranty or condition is limited, at our option, to either re-supply the Product or the purchase price for the Product. Any claim by you against us under these Terms (other than under our Refunds Policy and Procedures) must be made within six months from the date of the act or omission giving rise to the claim. Your liability to Us To the maximum extent permitted by law you agree to defend and indemnify us and our officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf or by third parties as a result of or in connection with your access or use of, or actions in reliance on our Products, your breach of these Terms or your negligence. Amendment We may amend these Terms from time to time. If we do amend them:
General The disclaimers, limitations on liability and indemnities in these Terms continue despite termination of your license to use Products or discontinuation or suspension of access to Products. These Terms, together with any Additional Terms constitute the entire agreement between you and us regarding the supply and use of Products. You may not assign, transfer or otherwise deal with your rights, obligations or liabilities under these Terms. We may assign, transfer or otherwise deal with our rights, obligations or liabilities under these Terms at any time and without notice to you. The contract constituted by these Terms is governed by the laws in force in New South Wales from time to time, irrespective of your location. You irrevocably and unconditionally submit to the laws of New South Wales for all disputes and proceedings relating to these Terms. How to Contact Us If you have any questions regarding these Terms and Conditions, please feel free to contact our Customer Care Officer at: Australia New Zealand |