Disclaimer & Legal Notices

Agreement

 

This site and the information provided on this site is owned by T&D Global Pty Ltd ACN 104 283 972 (T&D Global), trading as Safety in the Market (“SITM”, “we”, “our”, “us”) under licence from Safety in the Market (Seminars) Pty Ltd ACN 066 952 127 (“Author”).

T&D Global Pty Ltd trading as Safety in the Market under license (SITM) is an Authorised Representative of Libertas Financial Planning Pty Ltd ABN 27 160 419 134 the holder of an Australian Financial Services Licence No: 429718.

By using this site or our products the user (“you”) unconditionally agrees 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 Libertas Financial Planning Pty Ltd ABN 27 160 419 134 the holder of an Australian Financial Services Licence (No. 429718)

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 implied 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 for 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.

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 Safety in the Market Pty Ltd, it’s affiliates and various third party licensors.  All copyright in the information available on this site and in the Products are the copyrighted work of Safety in the Market or it’s licensors. The copying, redistribution, retransmission or publication of which is strictly prohibited without the written consent of Safety in the Market.

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 of this site, the copyright therein or Trademark 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 Products 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 representation, 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 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 from us.

Any 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, T&D Global and the Author does not make any warranty or representation of any kind regarding the information on this site, or Products and/or any material provided or sold to you, all of which are provide 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, T&D Global 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.  T&D Global 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 make 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:

  1. 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
  2. In the case of services, the supply of the service again, or the payment of the cost of having the service performed again.
Limitation of Liability

In no event shall T&D Global be liable for any injury, loss, claim, damage or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind or for any loss, profits or lost saving, 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 T&D Global 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 T&D Global 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 T&D Global 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 Queensland and both parties submit to the exclusive jurisdiction of the courts of that State.

Term 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 amount 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 Products or Service 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 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.  T&D Global 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.

Refunds

Our policies and procedures in relation to guarantees and refunds are set out in the Refunds Policy and Procedures.

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-transferable 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 disassemble 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):

  1. suspend and/or revoke your right to access the Product;
  2. refuse further supply to you of any Product;
  3. repossess all copies of a Product (including any derivative works based on a Product) and
  4. 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

Product 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.

Educational Support

Educational 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 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 recordings will be advised in your purchase information.

Credit Card Payments and Payment Plans

When you purchase our Products and you receive an invoice from us you hereby acknowledge that you have authorised 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 youhave authorised us to debit your credit card in accordance with the 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 and charges.  All late payments will incur an interest charge calculated daily at the rate of 12% 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 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 Refund 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:

  1. 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
  2. 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 Queensland, irrespective of your location.  You irrevocably and unconditionally submit to the laws of Queensland for all disputes and proceedings relating to these terms.