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Disclaimer & Legal Notices
This site and the information provided on this site are owned by The Hubb Organisation Pty Ltd ACN 087 234 599 (“HUBB”), trading as Safety in the Market (“SITM”, “ we” “our” “us”) under licence from Safety in the Market Pty Ltd ACN 010 924 544 (“Author").
By using this site or our products and service the user (“you”) 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 or our products and services.
These Terms and conditions will also apply to products or services which may include software, subscriptions, offline or online seminars, courses, workshops, classes, training and tutor support and any associate material produced or delivered by us and purchased by you either online or by phone (together the “Products”) when you have not agreed to terms and conditions in an Order or Enrolment Form or other SITM purchase document.
Investment Disclaimer
The information presented to you by us in our Products are presented by way of examples only, do not constitute any securities recommendations and may or may not be suitable to any individual investors needs. We are not aware of your individual financial situation and make no recommendations as to the specific markets that you should trade or to the capital requirements for trading in any particular market or security. While information provided in the Products is drawn from sources considered reliable, we, the Author and their directors, officers, employees and consultants: (i) do not warrant or guarantee, expressly or impliedly that such information is accurate or current and (ii) may, at any time, own or have agreed to buy or sell any securities presented in the Products. The information used in the Products is general investment education and neither constitutes, nor is intended to take the place of individual tailored advice from a professional investment advisor. Before making an investment decision on the basis of the information used in the Products, you need to consider, with or without the assistance of a securities advisor whether the advice is appropriate in light of your particular investment needs, objectives and financial circumstances. All testimonials are provided voluntarily without payment inducement or other benefit and are from genuine students of SITM. For the information of Australian residents only: The Products are distributed by The Hubb Organisation Pty Limited in its capacity as an Authorised Representative of Investment Educators Australia Pty Limited which holds an Australian Financial Services Licence (No. 241060) in accordance with the conditions of that licence.
Intellectual Property
The trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") or used with any Products are registered or common law Trademarks of SITM, its affiliates, and various third party licensors. All copyright in the information available on this site and in the Products are the copyrighted work of SITM or its licensors, the copying, redistribution, retransmission or publication of which is strictly prohibited without the written consent of SITM.
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 the prior written permission from SITM, 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. The Purchase of the Products does not grant you any rights to sell, transfer or assign the Product to a 3rd party. If you purchase a Product you are granted a license to use the Product only for your own personal use and you agree not to modify copy or reproduce, disassemble, decompile or reverse engineer the Product.
You agree that you shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary rights, or any other loss or harm resulting from your use of this site or the Products.
Third party information and Site Links
This site contains or may contain references and links to other companies and/or their sites. We makes 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.
The site contains or may contain articles written by third parties. These articles are provided for information only and should not be construed to be the views of SITM or to constitute trading advice by SITM.
ASX material on this site is subject to the Terms of Use which appear on www.asx.com.au.
Seminar Rescheduling
We reserve the sole right to determine all seminar or course content, to cancel or reschedule or to change location or venue. If a seminar or course for which you have been enrolled is cancelled or rescheduled we will make every reasonable effort to accommodate your request for re-enrolment in another scheduled seminar or course or extend the period for which a seminar credit is valid at our sole discretion.
If you are registered in a seminar or course we undertake to give reasonable notice to you 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 seminars. Students’ children aged 18 or under may attend Trading Tactics Seminars free of charge. Please contact us if you have any special requirements before your scheduled seminar 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.
Guarantees, Withdrawals Cancellations Policy
We provide certain guarantees and rights to return or cancel Products. Please click here to review. We reserve the right to change these policies from time to time, without notice, at our sole discretion.
Credit Card Payments & Payment Plans
When you purchase our Products and you receive an invoice from us you hereby acknowledge that you have authorized us to debit your credit card the amounts set out in the invoice (“Debit”) and that these Terms and Conditions apply to that purchase. Where the invoice includes a payment plan you acknowledge that you have authorized us to debit your credit card in accordance with that payment plan.
Debits will be deducted on the date of the invoice, or the 1st business day following that date and at monthly intervals thereafter in the case of a payment plan. 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 to meet a Debit you may incur additional fees or charges. All late payments will incur interest charge calculated daily at the rate of 10% and any debt recovery costs. If you are uncertain as to when a Debit will be processed, you should contact the financial institution where you hold your credit card account for assistance.
We reserve the right to suspend delivery of any undelivered Product including data services whilst any payments remain outstanding and you agree to forfeit any all claims to payments already made if you do not pay us in full.
Data & Subscription Renewal Fees
Some Products are subscription based and are first sold as an initial 12 month subscription. At the expiry of that initial period a renewal fee will automatically become due and payable. When payment is not received by the due date access to that Product will be denied or data service terminated. In the case of the data service, you acknowledge that the data service is provided by and proprietary to HUBB Australia Pty Ltd ACN 080 285 801 (“HUBB Australia”), that the software product will not operate without the data service and neither SITM nor HUBB Australia give any warranties or make any representation in respect of the data provided by that service.
Online Seminars and Workshops
To participate in an online seminars or workshops (“Online Events”) your computer system will need to meet the minimum requirements set out at www.adobe.com. Online Events may be affected by system response times, system performance, type of internet connection or other factors beyond our control. We make no warranties or representations of any kind regarding the delivery of Online Events. All Online Events are recorded. Availability of those recoding will be advised in your purchase confirmation.
Online Support
Online technical and trading support is provided without additional charge and is delivered by any combination of email, live chat and online forums. Phone support is available as a paid premium support service.
Privacy Policy
Please click here to review the complete our 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 HUBB, HUBB Australia or the Author make any warranty or representation of any kind regarding the information on this site, our Products and/or any materials provided or sold to you, all of which are provided to you on an “as is” basis only. In particular no warranty is given in respect of the timeliness, suitability, accuracy, completeness, currency or reliability of any of the content found on this site, in the Products or data used by the Products or Services and, subject to any applicable statutory warranties, HUBB, HUBB Australia or the Author 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 statute or otherwise in law or from a course of dealing or usage of trade. HUBB, HUBB Australia or the Author do not warrant that this site, its servers or any email sent to you are free of viruses. We also give no warranties or makes any representations of any kind regarding the products or services of any 3rd party to whom you may be referred to by us.
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:
- 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
- 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
To the full extent permitted by law in no event shall HUBB, HUBB Australia or the Author 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 site or the Products, or in any other way connects with this site, or the Products including without limitation from the downloading of any software from this site.
Indemnification
You agree to defend and indemnify HUBB, HUBB Australia and the Author and its officers, directors, employees, independent contractors 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. You also agree to indemnify and hold harmless HUBB, HUBB Australia and the Author for any failure to deliver any online Products resulting from any circumstances beyond their control
Variations
We reserve the right to change any information related on this site at any time, without notice at our 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 site 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.
How to Contact Us
If you have any questions regarding these Terms and Conditions or our Products and Services , please feel free to contact us by e-mail at email@safetyinthemarket.com.au or call our Customer Care Officer on telephone via +61 2 8213 6099 or via fax to facsimile +61 2 9972 7769.
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