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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: Events means a all seminars, workshops, computer labs, coaching or courses (online or live) or related events. 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. Online Product means a Product that is made available over an internet portal or link. 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 Events, 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 Event. 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. Event Content and Scheduling We reserve the sole right to determine Event content and scheduling and to cancel or reschedule or to change time or location of an Event. If an Event is canceled or rescheduled we will make every reasonable effort to accommodate your request for re-enrolment in another scheduled Event of similar or equivalent content, but reserve the right to refund at our sole discretion. If you are registered in an Event we undertake to give you reasonable notice of any cancellation or rescheduling, provided however, under no circumstances will we be liable for any travel expenses incurred by you as a result of any cancellation or rescheduling. Minors and Special Needs We will make every reasonable effort to accommodate minors and people with special needs who wish to attend our Events. To enable us to cater for those needs, please contact us if you have any special requirements before your scheduled Events . We reserve the right to refuse access to Event to anyone that we, in our sole discretion, determine we cannot adequately cater for and still meet the needs of our other students. 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 licence 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. Data Services Renewals Some Software Products require a data service provided by and proprietary to a third party. Those Products are first sold with an initial data services subscription. At the expiry of that initial subscription period a renewal fee will become due and payable by you if you wish to continue to use the Product. When payment is not received by the due date, access to that Product will be denied. Data services renewal fees are not refundable. No warranties or representation are given or made in respect of the data service. Technical and Trading Support Technical and Trading support is provided with a Product without additional charge and is delivered by any combination of email, live chat and online forums. Telephone support is available as a paid Premium Support Service. Online Events Minimum Requirements To participate in an online Event you will require:
No warranties All Products are sold to on an “as is” basis. To the extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations, whether express or implied, statutory or otherwise, in connection with a Product or its use (including, without limitation, our performance of these Terms and any warranty of merchantability or fitness for a particular purpose) are excluded. Except as expressly stated on our website or in the Additional Terms or documentation accompanying a Product, we do not represent that a Product will work on or be compatible with your operating systems, programs or applications. In particular no warranty is given in respect of the timeliness accuracy, completeness, currency or reliability of any of any Product we sell nor do we warrant that a Product will be free of computer viruses or will not adversely affect your computer system or cause other technical problems. We also do not warrant that your access to a Product will be continuous or fault-free. Our liability to you To the extent permitted by law, we are not responsible for any liability, loss or damage (whether direct, indirect, special or consequential) whatsoever and however arising from or in connection with your use of a Product(“Loss”), whether that liability, loss or damage was caused by delay, error or omission, negligence, negligent misstatement or otherwise. We will accept liability for breach of these Terms in accordance with the principles applied by the courts. However, we will not accept liability for any Loss where that Loss is caused by events outside our reasonable control (including but not limited to a malfunction in equipment or software error, Internet access difficulties or delay or failure of transmission). 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 licence 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 us by email at: Australia New Zealand |