1.1 The following must be read in its entirety before buying and/or using any of the information, products and services contained on the www.tradingsafely.com.au website (the “Website”).
1.2 Trading Safely Pty Ltd (ACN 612 945 507) (“Trading Safely”) makes every effort to ensure that it accurately represents its products and services. However, your results may vary, and will be based on your level of desire, expertise, trading experience and ability. There are no guarantees in trading stocks, futures, options, or spot markets with regard to your level of success or earnings.
2 Information Warning
2.1 All information on the Website is purely for information and entertainment purposes. Trading Safely is NOT a registered trading or financial advisor. Trading Safely is compensated for the information, services and products displayed on the Website. No-one is forcing you to buy from Trading Safely.
2.2 Technical analysis and the products and services of Trading Safely on the Website are a “support structure for good traders and an excuse for poor ones”. There is no guarantee that you will earn money using the information, products and services on the Website. Earnings are entirely dependent on the person using Trading Safely’s products and services, as well as the person’s own ideas and techniques.
2.3 By accessing the Website you confirm that you understand and agree that trading involves risk, and that you are trading with capital you can afford to risk and possibly lose. You are aware that trading leveraged products or on margin involves substantially higher risks, and that losses can be beyond the funds in your trading account.
2.4 You should therefore carefully consider whether such trading is suitable for you in light of your financial position. Many factors and inputs will determine your actual results and performance and no guarantees are made that you will gain results similar to Trading Safely’s or anybody else’s. In fact, no guarantees are made that you will achieve any results from Trading Safely’s information, products or services. You may also experience unknown or unforeseeable risks that can have an impact on or reduce results. Trading Safely is not responsible for your actions.
2.5 If you have any questions regarding Trading Safely’s disclaimer or practises as described in these terms and conditions, you may contact Trading Safely by means of the contact information provided on the Website.
3 Subscriptions, Sales and Refunds
3.1 All sales are final and non-refundable. As a result, upon receipt of any products or services you order from Trading Safely or by means of the Website, you will not be able to obtain a refund for your purchase whatsoever, including, without limitation, for refusal of delivery of any item ordered. Note that before any lifetime membership is ordered, you can take advantage of the sixty (60) day free trial that Trading Safely offers, or subscribe for a monthly subscription first (1st). Under no circumstances will refunds be given to anyone buying the books on sale from the Website. Trading Safely’s ‘no refunds’ policy exists because Trading Safely occasionally comes across those wanting to commit fraud against Trading Safely, or who lack the ability to trade profitably and want a refund.
3.2 Past performance does not guarantee future performance and neither non-mechanical nor mechanical “back testing” can guarantee that you will be successful. Any chart or trading demonstrations produced or displayed on the Website by Trading Safely (including by using Trading Safely’s ‘4th Dimension’ software (the “Software”) that is referred to on the Website), or in any advertisement, webcast, printed publication, seminar or webinar, etc., should be considered as involving hypothetical trades and hypothesises which are for educational purposes only. No trading indicator or trading system can guarantee profits and hypothetical trading results can be unreliable.
3.3 Trading Safely (including, but not limited to, Jeremy King and Shaun Downey) makes no claims as to income derived from trading, or anything that can be interpreted as portraying income solely from trading. Trading Safely makes no claim about its trading results, nor any claim that it or any of its affiliates, principals, personnel or content providers make their living from trading in the financial markets.
4 Education, Mentoring and Tutorials
4.1 All educational workshops and tutorials are final and non-refundable. You acknowledge that an interview process will have occurred to assess the suitability of any courses subscribed to through the Website, from both the buyer’s and seller’s prospective, and that the content has been agreed upon by both parties in advance.
4.2 Trading Safely’s workshops, webinars, seminars and tutorials are for educational purposes only, and you are advised not to trade using this information or Trading Safely’s advice regarding trading opportunities, and until you have properly tested and evaluated any and all suggestions, ideas, and trading concepts.
4.3 By accessing the Website you confirm that you also understand that Trading Safely is not representing any historical performance statistics or returns, and any suggestions about possible success in trading are only possibilities and not guarantees. You also understand that trading successfully or profitably is very difficult, and that at least ninety percent (90%) of traders who trade, lose money. Trading is very risky. Trading Safely cannot guarantee the accuracy of the data presented on the Website, or be held responsible in any way for how you may use this data. Webinars may go off-line without warning and you agree not to hold Trading Safely or any of its affiliates, principals, personnel or content providers responsible in any way.
4.4 You also understand and agree that the information, products and services referred to on the Website have to do with trading the stock and commodities markets, and none of Trading Safely, its affiliates, principals, or personnel can guarantee your success in trading. You understand and agree that trading involves risk and you are or will be trading with capital you can afford to risk and possibly lose. You will not hold Trading Safely or any of its affiliates, principals, personnel or content providers responsible in any way in connection with your financial success or failure as a trader using its or their information, products and/or services of any type, techniques, stock picks, books, record keeping systems, webcams, webinars, trading courses, and the like.
4.5 If you have a planned a consultation with Trading Time, you understand and agree that Trading Safely may reschedule your consultation at any time. However, you may only reschedule your consultation by notifying Trading Safely at least twenty-four (24) hours in advance by email or telephone.
4.6 These terms and conditions apply to all renewals and subsequent orders.
5 Terms and Conditions
By using and accessing the Website, you are agreeing to be bound by all of these terms and conditions. Trading Safely may change these terms and conditions at any time, but Trading Safely will post a notice on the Website of any material changes. Your continued use of the Website means that you accept any new or modified terms and conditions.
6 No Financial Advice
The information on the Website is provided for information purposes only. The information is not intended to be, and does not constitute, financial advice or any other advice. The information on the Website is general in nature and is not specific to you. You should not make any decision, financial or otherwise, based on any of the information on the Website without undertaking your own due diligence. You agree that any and all use of the information, which you make, is solely at your own risk and without recourse to Trading Safely or any of its affiliates, principals, personnel or content providers.
7 No Solicitation
No part of the Website should be taken to constitute an offer or solicitation to buy or sell products or services. Some products or services mentioned on the Website may only be available in certain areas or jurisdictions. Any products or services mentioned on the Website are made available in accordance with local laws and only where they may be lawfully offered for sale.
8 Market Opinions
All opinions, news, research, analysis, prices or other information contained on the Website are provided as general market commentary and do not constitute financial or investment advice. Trading Safely will not accept liability for any loss or damage, including, but not limited to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information. Trading Safely, its affiliates, principals, personnel and/or content providers may or may not hold positions or interests in stocks, futures, options and spot markets discussed on the Website.
9 Accuracy of Information
The content on the Website is subject to change at any time without notice and is provided for the sole purpose of assisting traders in making independent investment decisions. Trading Safely has taken reasonable measures to ensure the accuracy of the information on the Website. However, Trading Safely does not guarantee the information’s accuracy and will not accept liability for any loss or damage which may arise directly or indirectly from the content of, or your inability to access, the Website, or for any delay in or failure of the transmission or receipt of any instruction or notification sent through the Website.
This information on the Website is not intended for distribution to, or use by, any person in any country where such distribution or use would be contrary to local law or regulation. None of the products or services referred to on the Website is available to persons residing in any country where the provision of such products or services would be contrary to local law or regulation. It is the responsibility of visitors to the Website to ascertain the terms of and comply with any local law or regulation to which they are subject.
11 Disclaimer of Warranties
THE INFORMATION ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, TRADING SAFELY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. TRADING SAFELY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THE WEBSITE OR ANY OTHER WEBSITES LINKED TO THE WEBSITE.
12 Limitation of Liability
THE INFORMATION CONTAINED ON THE WEBSITE PAGES IS COMPILED FOR THE CONVENIENCE OF VISITORS TO THE WEBSITE, IS FURNISHED WITHOUT RESPONSIBILITY FOR ACCURACY, AND IS ACCEPTED BY THE WEBSITE VISITOR ON THE CONDITION THAT ERRORS OR OMISSIONS WILL NOT BE THE BASIS FOR ANY CLAIM, DEMAND, OR CAUSE OF ACTION. THE INFORMATION AND DATE ON THE WEBSITE PAGES WERE OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, BUT TRADING SAFELY DOES NOT GUARANTEE THEIR ACCURACY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL TRADING SAFELY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE OR THE INABILITY TO USE, THE MATERIALS ON THE WEBSITE, EVEN IF TRADING SAFELY OR ITS AUTHORISED REPRESENTATIVE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THERE IS CONSIDERABLE RISK OF LOSS IN TRADING. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS.
13.1 The use and browsing of the Website is entirely at your own risk. Trading Safely will not be liable for any direct, indirect, incidental, consequential and/or punitive loss or damages from the access or use of the Website in any way and/or form.
13.2 Absolutely no solicitations from third party sellers will be taken online, or by telephone. Please refer to the contacts section of the Website for the appropriate email link.
14.1 Log files
(a) As is true of most websites, Trading Safely gathers certain information automatically and store it in log files. This information includes internet protocol (“IP”) addresses, browser type, internet service provider (“ISP”), referring / exit pages, operating system, date / time stamp, and clickstream data.
(b) Trading Safely uses this information, which does not identify individual users, to analyse trends, to administer the Website, to track users’ movements around the Website, and to gather demographic information about Trading Safely’s user base as a whole.
(c) Trading Safely does not link this automatically collected data to personally identifiable information.
14.3 Information collection and use
Orders / Demos / Information Requests
(a) If you buy a product or service from Trading Safely or request information or a demonstration product, Trading Safely will request certain personally identifiable information from you on Trading Safely’s order form. You must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date) when ordering a product or service.
(b) Trading Safely uses this information for billing purposes, to fulfil your order / request, and to service you throughout the term of Trading Safely’s service and license agreements. If Trading Safely has trouble processing an order / request, Trading Safely will use this information to contact you. Trading Safely may also use this information to notify you of information concerning Trading Safely’s existing and future products or services.
14.4 Communications from the Website
Special Offers and Updates
(a) Trading Safely will occasionally send you information on products, services, special deals, promotions. You can sign up for these emails from Trading Safely on the Website’s registration page.
(b) Out of respect for your privacy, Trading Safely provides the option not to receive these types of communications. Please see the “Choice / opt-out” section of these terms and conditions.
14.5 Service-related announcements
Trading Safely will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if Trading Safely’s service is temporarily suspended for maintenance, Trading Safely may send you an email. Generally, you may not opt-out of these communications, which are not promotional in nature.
14.6 Customer service
Based upon the personally identifiable information you provide, Trading Safely will send you a welcoming email to verify your username and password when Trading Safely deems it appropriate. Trading Safely will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. Trading Safely will communicate with you by email or telephone, in accordance with your wishes.
14.7 Information sharing and disclosure
(a) Aggregate information (non-personally identifiable)
Trading Safely retains the right to share aggregated demographic information about Trading Safely’s user base with its partners and advertisers. This information does not identify individual users. Trading Safely does not link aggregate user data with personally identifiable information.
(b) Personally identifiable information
Trading Safely shares personally identifiable information with selected third parties.
Trading Safely uses an outside shipping company to fulfil orders, and a credit card processing company to bill you for goods and services. So far as trading Safely is aware, these companies do not retain share, store or use personally identifiable information for any other purposes.
14.9 Legal disclaimer
Trading Safely reserves the right to disclose your personally identifiable information as required by law, and when Trading Safely believes that disclosure is necessary to protect its rights and/or to comply with a judicial proceeding, court order, or legal process served on it.
14.10 Choice / opt-out
(a) Trading Safely provides you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when Trading Safely ask for this information.
(b) If you no longer wish to receive Trading Safely’s communications, you may opt-out of receiving them by emailing Trading Safely at email@example.com.
14.11 Links to other websites
(a) The Website contains links to other websites that are not owned or controlled by Trading Safely. Please be aware that Trading Safely is not responsible for the privacy practices of such other websites.
(b) Trading Safely encourages you to be aware when you leave the Website, and to read the privacy statements of each and every Website that collects personally identifiable information.
(c) This privacy statement applies only to information collected by Trading Safely through the Website.
14.12 Security and acceptance of terms and conditions
(a) The security of your personally identifiable information is important to Trading Safely. When you enter sensitive information (such as a credit card number and/or personal identity number) on Trading Safely’s registration or order forms, Trading Safely encrypts that information using secure socket layer (“SSL”) technology.
(b) Trading Safely follows generally accepted industry standards to protect the personally identifiable information submitted to Trading Safely, both during transmission and once Trading Safely receives it. However, no method of transmission over the internet, or method of electronic storage, is one hundred percent (100%) secure. Therefore, while Trading Safely strives to use commercially acceptable means to protect your personally identifiable information, Trading Safely cannot guarantee its absolute security.
(c) Please note that all IP addresses are recorded upon submitting or emailing information to the Website. By placing an order through the Website, you acknowledge that you have read these terms and conditions and understand and agree to all of them. You also acknowledge that you have either had a lawyer attorney review these terms and conditions or have decided to waive that right. Please note that all IP addresses are recorded upon submitting Information and orders to ensure that there is no fraud. Any time you submit a request on the Website, you are automatically added to Trading Safely’s opt-in email list, which Trading Safely will use to keep in touch with you and send you information about Trading Safely’s products and services, or certain services which Trading Safely may recommend or sponsor.
(d) If you have any questions about security on the Website, you can send email Trading Safely at firstname.lastname@example.org.
14.13 Business transitions
In the event that Trading Safely goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified by email or a prominent notice on the Website for a reasonable period of time of any such change in ownership or control of your personally identifiable information.
14.15 Contact us
(a) mail – Trading Safely Pty Ltd (ACN 612 945 507),19/26 One Mile Close, Boat Harbour, New South Wales 2316, Australia;
(b) email – email@example.com;
(c) Skype – jerremk00; or
(d) phone – +61 (0)419 881 503.