Disclaimer & Legal Notices
Agreement
This site and the information provided on this site are owned by The Hubb Organisation
Pty Ltd ABN 42 087 234 599 (“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").
The Hubb Organisation Pty Ltd trading as Safety in the Market under license ("SITM")
ACN 087 234 599 as an Authorised Representative of Investment Educators Australia
Pty Limited ACN 105 216 340 the holder of an Australian Financial Services Licence
(No: 241060) and optionsXpress Australia Pty Limited (ACN 085 258 822 AFS Licence
No: 246743) (“OXA”) are affiliated companies under common ownership of optionsXpress
Holdings, Inc., which is owned by The Charles Schwab Corporation. SITM and its officers,
employees, independent contractors, and former owners may receive compensation in
connection with this and other marketing efforts.
By using this site or our products 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.
These Terms and Conditions will also apply to products which may include software,
subscriptions, offline or online classes, courses, workshops, classes, training
and education support and any associated 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.
For The Information of Australian Residents Only: We are an Authorised
Representative of Investment Educators Australia Pty Ltd ACN 105 216 340 (“IEA”)
the holder of an Australian Financial Services Licence (No. 241060).
Investment Disclaimer
The SITM Methodology is not a proven methodology for profitable trading in financial
products. 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 licensed securities advisor
whether the advice 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") 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 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. 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 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 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 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.
Warranty Disclaimer
To the maximum extent permitted by law and subject to the statutory warranties below,
HUBB, and the Author does not 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 and, subject to any applicable statutory warranties,
HUBB 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 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 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
In no event shall SITM 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 (ii) any failure or
delay (including, but not limited to the use of or inability to use the Products,
or (iii) the performance or non performance by SITM even if it has been advised
of the possibility of damages to such parties or any other party. If, notwithstanding
the foregoing, SITM 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, SITM aggregate liability
shall in no event exceed the purchase price paid by you.
Indemnification
You agree to defend and indemnify HUBB 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, 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 website at any time,
without notice at our sole discretion by posting an updated version of these Terms
and Conditions on this website. 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.
TERMS AND CONDITIONS
When do these terms and conditions apply?
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).
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, orders are dispatched within 2 business days delivery
times are estimated at between 3-7 business days depending on your location within
Australia. 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. The Hubb Organsation
Pty Ltd ships goods Australia wide and internationally. We charge a flat rate for
delivery by Australia Post which will be provided at the time of checkout. Where
delivery is required by courier the flat rate will be provided at the time of checkout.
Customer Service Policy
If for any reason we are unable to dispatch your order we will notify you within
2 business days.
Security Policy
When purchasing from Hubb (Australia) Pty Ltd your financial details are passed
through a secure server using the latest 128-bit SSL (secure sockets layer) encryption
technology. 128-bit SSL encryption is approximated to take at least one trillion
years to break, and is the industry standard. If you have any questions regarding
our security policy, please contact customer service
info@sitm.com
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 SITM 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 SITM can find
another student to take your place. SITM reserve the sole right to change Class
content. SITM 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. SITM 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 SITM 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):
- suspend and/or revoke your right to access the Product;
- refuse further supply to you of any Product;
- repossess all copies of a Product (including any derivative works based on a Product);
and
- exercise any other rights, powers and remedies available to us under these Terms
or at law.
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 supplied with or as a subscription will be required to be renewed to continue
using the Product 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
To participate in an Online Class your computer system will need to meet the minimum
requirements set out at www.adobe.com. Online Classes 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 Classes. All Online Classes are recorded. Availability of
those recoding will be advised in your purchase confirmation.
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.
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:
- If you are using a Product other than an Online Product, you will not be bound by
the amendment in your current use of that Product but will be asked to read and
accept any amended Terms before you next acquire or re-subscribe to a Product; and
- If you are using an Online Product, you will be asked to read and accept the amended
Terms before you next access the Product
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.
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