TERMS AND CONDITIONS V1.7 Dated 20 March 2009
Mirabile Vincere Pty Ltd as trustee for the Mathers Grace (AR No 321187) trading as Trading Lounge,
is an Authorised Representative of Trading Levels Pty Ltd AFSL 317817
DOWNLOAD A COPY
Trading Lounge Terms and Conditions
By subscribing to our services, you (“the client”) acknowledge that:
- the advice given is general advice and does not take into account the clients personal objectives, financial situation or needs; and
- because of that, the client should, before acting on the advice, consider the appropriateness of the advice, having regard to the client’s objectives, financial situation and needs; and
- if the advice relates to the acquisition, or possible acquisition, of a particular financial product then the client should obtain a PDS relating to the product and consider the PDS before making any decision about whether to acquire the product.
Disclaimer
The information provided by Trading Lounge on the website www.tradinglounge.com.au, in the TradingLevels® Analysis Service, and through seminars and education services has been prepared from a wide variety of sources, which Trading Lounge to the best of its knowledge and belief, considers accurate. Trading Lounge makes no representation and takes no responsibility as to the accuracy or completeness of any information on the website www.tradinglounge.com.au, in the TradingLevels® Analysis Service, and though seminars and education services. You should make your own enquiries about the investments and we strongly suggest you seek advice before acting upon any recommendation. None of Trading Levels Pty Ltd and its authorised representatives guarantee the performance of a security or financial product that is recommended through the Trading Lounge. All of Trading Levels Pty Ltd and its authorised representatives, employees, directors and associates disclaim to the maximum extent permitted by law any liability for any loss or damage however caused arising as a result of any recipient relying on recommendations through Trading Lounge seminars and edcation or provided on the website www.tradinglounge.com.au.
Financial Services Guide
Our Financial Services Guide contains important information about the financial services provided by Trading Levels Pty Ltd through its authorised representative Mirabile Vincere Pty Ltd as trustee for the Mathers Grace Trading Trust trading as Trading Lounge. The FSG is available to view online and as a PDF download and forms part of the Terms and Conditions of the subscription service. Payment of a subscription for the TradingLevels® Analysis Service; for education services; or books or products, available through Trading Lounge is taken as acknowledgement that the client has read and accepted the Financial Services Guide and these Terms and Conditions.
TLAS Subscription Fees for retail clients
Annual TLAS Fees: $795.00 plus GST
The commencement date will be the day after we receive cleared fees from the subscriber. The last day of the subscription period will be 365 days later. Before your subscription lapses, you will be notified and invited to renew at the subscription rates available at the time. There is no refund for any reason whatsoever after payment has been made for TLAS 1 Year. Our service is free to try for seven days, and furthermore you can try our service for the relatively low cost of $79.50 plus GST for one month.
3 Monthly TLAS Fees: $215.00 plus GST
The commencement date will automatically begin on receipt of payment through the Subscription payment process. TLAS 3 Month subscription fees are automatically deducted from your submitted credit card on the same date as you commenced – the "due date", every three months – the "payment period". If at any time you would like to stop the automatic deduction you must email us at unsubscribe@tradinglounge.com.au before this recurring due date and your access will cease at the end of the current payment period.
Monthly TLAS Fees: $79.50 plus GST
The commencement date will automatically begin on receipt of payment through the Subscription payment process. TLAS 1 Month subscription fees are automatically deducted from your submitted credit card every 30 days. If at any time you would like to stop the automatic deduction you must email us at unsubscribe@tradinglounge.com.au before this recurring due date and your access will cease at the end of the current payment period.
Refund Policy
Subscribers acknowledge that Trading Lounge has a free trial period of 7 days. Any subscription purchased after this trial period cannot be refunded for any reason whatsoever.
Fees for wholesale clients
Fees and agreements for wholesale clients are negiotiated on a case by case basis.
Commissions
Trading Lounge does not pay “spotters fees” for introducing new subscribers. However every time you join up a friend, you and the friend who joins the Trading Levels Analysis Service, will both receive an extra one month’s subscription at no extra cost.
Delivery Policy
The TradingLevels® Analysis Service (TLAS) is published by Trading Lounge. The publication is delivered online, accessible by subscribers using their personal username and password to login to the TLAS page and Traders Forum of the tradinglounge.com.au web site. Subscribers will have access to commentary, technical analysis delivered with charts and video which are posted to the website at least 5 days per week. This is generally Monday to Friday. Subscribers are notified by an email sent to their nominated email address when there is new marerial to be viewed. The fee includes up to 4 weeks annual leave when no analysis will be posted ( 2 weeks at Christmas and 2 other weeks when Subscribers will be notified with four weeks notice).
Confidential Intellectual Property Access
Information published on the web site may be downloaded by clients and can be printed for personal use. TLAS member information is restricted to the use of one subscriber only. Trading Lounge holds the Intellectual Property and Confidential Information in relation to the TLAS subscription service and Trading Lounge education. TLAS and the Confidential Information are of significant commercial value to Trading Lounge. With respect to Trading Lounge providing you access to the Service and/or Confidential Information, you have agreed to restrain your use of the Service upon the terms set out below.
Definitions:
CONFDENTIAL INFORMATION means all passwords, access codes, usernames, systems, product information, documentation, material, ideas, concepts, and technical, commercial, financial or legal information relating to TLAS or Trading Lounge that is disclosed or revealed directly or indirectly (whether orally, electronically, in writing or in any other form or media) by or on behalf of Trading Lounge.
INTELLECTUAL PROPERTY means any and all intellectual and industrial property rights of any kind throughout the world subsisting in or in relation to the Confidential Information or the Service, including any associated systems, processes, manuals, instructions or applications including:
(a) Inventions, discoveries and new ideas (whether or not registered or registrable as patents or designs), including developments or improvements to the Trading lounge web site or TLAS, processes, methods or techniques;
(b) Copyright (including rights in the nature or analogous to copyright) throughout the world in all works or subject matter in which copyright subsists;
(c) moral rights;
(d) Confidential Information, and
(e) trade and service marks (whether registered or unregistered)
THE SERVICE means the analysis of stocks, derivatives and other instruments, by way of technical analysis techniques delivered through TLAS or by Trading Lounge web site or education presentations. The analysis will use TradingLevels® analysis, Elliott Wave or other means of analysis.
PERMITTED PURPOSE means providing subscribers of the Service all information of the analysis for personal education or trading.
Obligations
In consideration for access to the Service and any Confidential Information:
(a) You will not directly or indirectly disclose, publish or communicate or assist in the disclosure, publication or communication to any other person, firm or company, or use for the benefit of any third party, reproduce or record any Confidential Information for any purpose other than that pursuant to the Permitted Purpose.
(b) You will not permit or cause any of the Confidential Information to be entered into any computer or database not solely operated and controlled by Trading Lounge without prior written consent of Trading Lounge.
Uncertainty and Precautions
If you are uncertain as to whether any information is Confidential Information, you must treat the information as if it were Confidential Information. You must take reasonable precautions to maintain the confidentiality of and to prevent the disclosure or use of the Confidential Information.
Unauthorised Use or Disclosure
You must immediately notify Trading Lounge of any unauthorised disclosure or use of the Confidential Information of which you become aware.
Remedies
You acknowledge and accept that Trading Lounge will suffer financial and other loss and damage if the Confidential Information is disclosed or used otherwise than in accordance with this agreement, and that monetary damages will be an insufficient remedy. You acknowledge and accept that in addition to any other remedy that may be available, Trading Lounge is entitles to injunctive relief to prevent a breach of this agreement and to compel specific performance of any of its terms.
Indemnity
You must indemnify Trading Lounge against all costs, expenses, damages, actions or claims directly or indirectly incurred or suffered by Trading Lounge as a result of any breach of this agreement by You.
This indemnity extends to all costs, damages and expenses incurred by RCC in defending and/or settling any costs, expenses, actions, suits, proceedings, claims or demands (including legal costs and disbursements on a full indemnity basis).
Governing Law and Jurisdiction
This agreement will be governed by New South Wales law. You submit to the jurisdiction of the courts of New South Wales.
Disclosure
Trading Lounge employees and/or associates of may hold one or more of the stocks reviewed by Trading Lounge. These holdings should not be seen as a recommendation.
Cookies
Our website utilises cookies. If you do not have cookies enabled in your web browser some functions of the site may not work as intended.
Links
Our websites and emails may contain links to websites not owned or operated by Trading Lounge or Trading Levels Pty Ltd. We do not accept liability for the availability or content of these sites.
Changes to the Terms & Conditions
We reserve the right to change these Terms & Conditions without notice. The date of your subscription will determine the version of the Terms & Conditions of your contract with us. If you are a subscriber for 1 Month TLAS or 3 Month TLAS you may need to revise these Terms & Conditions periodically to ensure you understand the current Terms & Conditions.
Mirabile Vincere Pty Ltd as trustee for
the Mathers Grace (AR No 321187)
trading as Trading Lounge,
is an Authorised Representative
of Trading Levels Pty Ltd AFSL 317817
36/62 Booth St, Annandale NSW 2038
info@tradinglounge.com.au
02 9566 4520