DEFINITIONS AND INTERPRETATION

Definitions

In this document, unless the context otherwise requires:

Fee means the fee set out in Item 2 of the Key Terms.

Forex, Forex Platinum Trading, we or us means Forex Platinum Trading Pty Ltd ACN 661 961 431.

Intellectual Property means all statutory, common law and other proprietary rights, title and interest in and to all:

• patents, designs, trade marks and service marks;
• copyright, including copyright in videos, pictures, text, software, websites, databases and advertising and other promotional materials;
• trade names, business names, domain names and internet addresses;
• rights to have information (including trade secrets, know how, operating procedures and technical information) kept confidential; and
• all and any other intellectual property rights,

whether registered, unregistered or unregistered, and including all applications and rights to apply for registration.

Personal Information has the meaning given to that term in the Privacy Act.

Privacy Act means the Privacy Act 1988 (Cth) and any regulations and codes, including any orders, directions, directives or other instruments made or issued under any of them, with which Forex or any of its related bodies corporate is bound to comply.

Term means the term of the Services, being the Course Date.

Website means https://forexplatinumtrading.com.

You means the person referred to in item 2 of the Key Items.

 

SERVICES

We will provide the Services to you during the Term.

 

PAYMENT OF FEES

Payment of Fees

• In consideration for the provision of the Services by us, you will pay the Fees.
• Subject to any conditions set out in Item 3 of the Key Terms, you must pay the Fees in accordance with the instructions set out in any tax invoice provided by us to you.

Failure to pay

If you fail to make a payment on the relevant due date and the amount remains outstanding for more than 24 hours, your access to the Services will automatically be suspended until payment of the outstanding amount is received. We will give you written notice as soon as reasonably practicable upon suspension of the Services.

No refunds

To the extent permitted by law, any Fees paid upfront are not refundable.

For exceptional circumstances, please contact us and we will assess on a case-by-case basis in our sole discretion.

Foreign currency payments

We are able to receive payments in AUD. Where conversion from or into another currency is required (INR, BRL etc.), payments are converted at the prevailing exchange rate reasonably obtained by us. Any banking charges incurred as part of receiving monies from the Client, or returning monies to the Client, are borne by the Client.

CLIENT RESPONSIBILITIES

• You are responsible for adhering to program times and dates. To the extent permitted by law, you will not be entitled to a refund if you are unable to attend a program provided as part of the Services.
• You must access the Services for your own personal use only. Any opinions and advice given to you must not be used for any purpose other than that for which they were prepared.
• You must use the Services in accordance with any applicable laws, regulations or generally accepted practices or guidelines which may be relevant to the Services.
• Any unauthorized use by a third party of your online account on the Website is strictly prohibited and may result in the cancellation of the Services prior to expiry of the Term.
• You have the sole responsibility for protecting the confidentiality of your password and login details.

ENGAGEMENT RESOURCING

• Forex Platinum Trading will decide on a case-by-case basis which of our employees have the requisite skills to deliver the Services, having regard to their individual schedules. Where an individual is named in the proposal, but they are not available, we will make every effort to identify alternate resources with the requisite skills.
• We may also use third parties in performing the Services. You agree not to have any communication with such third parties during the Term for any reason whatsoever, without our prior written consent.

INTERNET TRANSMISSION

You understand and acknowledge that transmission of information via the Internet has inherent security risks, particularly the risk of unauthorised access. Unless otherwise agreed, you authorize us to communicate with you and any third parties on all matters relating to the Services. You agree that Forex will have no liability in any Loss arising directly from the use of electronic communications, except where caused by our own negligence.

INTELLECTUAL PROPERTY RIGHTS AND DOCUMENT OWNERSHIP

All Intellectual Property in any content provided to you as part of the Services (whether developed before, during or after the Term) is owned by us or a third party. The content may include names, terms and/or data which may or may not be identified with a symbol identifying it as content in which copyright subsists or a trade mark is held. The lack of any such symbol should not be understood as meaning that the content is not the Intellectual Property of us or a third party.

In consideration for the Fees, we grant to you a non-exclusive, non-transferable, royalty-free license to use any content provided by us for the purposes for which that content was created.

Any third party Intellectual Property used by us in the course of providing the Services should not be interpreted as meaning that the third party sponsors, endorses or is in any way affiliated with us or with our business, nor that the third party makes any representation regarding the Services.

PRIVACY

We agree that we will comply with, and ensure that our related bodies corporate comply with, the Privacy Act in respect of your Personal Information. We will provide all cooperation reasonably requested by you in order to comply with, or respond to, any complaint alleging a breach of the Privacy Act.

CONSUMER PROTECTION LAWS

The terms and conditions set out in this document are subject to consumer protection laws, including the Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection laws and regulations. Your rights under this document are in addition to any non-excusable statutory rights you are entitled to under the Competition and Consumer Act 2010 (Cth) and other applicable Australian consumer protection laws and regulations.

LIABILITY AND INDEMNITY

• To the maximum extent permitted by law, we will not be liable in any way for any loss or damage suffered by you as a result of you using any information provided by us as part of the Services.
• You agree that you will not bring any claim against any of our employees personally, except in the case of fraud or willful misconduct.
• To the extent permitted by law:
  • you exclude from this document all conditions, warranties and terms implied by law;
  • the liability of Forex Platinum Trading to you arising out of the performance or non-performance of the Services, whether under the law of contract, tort or otherwise, shall be limited at Forex Platinum Trading’s option to (A) the re-performance of the relevant part of the Services or (B) the cost of rectification by a third party;
  • Forex Platinum Trading’s total liability to you in contract, including for one or more breaches of any terms of this document, in tort, under statute, or otherwise, is limited to the amount of fees paid by you to Forex Platinum Trading pursuant to this document;
  • notwithstanding any other provision of this document, Forex Platinum Trading excludes all liability to you for lost profits, lost revenue, lost savings, lost business, loss of opportunity or any other consequential or indirect loss arising out of, or in connection with, this document.
• Forex Platinum Trading will use reasonable endeavours to co-ordinate and integrate information provided by external consultants, however Forex Platinum Trading will not be liable for the performance or actions of any of the consultants.

NO FINANCIAL ADVICE

• Any information provided as part of the Services is general in nature and does not constitute financial advice.
• You acknowledge that trading involves the possibility of financial loss and you should seek advice from a qualified financial advisor prior to making any trading decisions. We take no responsibility for loss incurred as a result of any trading decisions you may make during or after the Term based on any information provided to you as part of the Services.
• You acknowledge that we have no knowledge of your financial circumstances, the money you are choosing to trade with or the level of risk you are taking with any trade.

TERMINATION

• Either party may terminate this document with immediate effect if the other party commits a material breach which, if capable of remedy, is not remedied by the party that committed the breach within 30 days of the breach occurring.
• You may terminate this document with immediate effect by written notice not less than 7 days prior to the Commencement Date.
• For the avoidance of doubt, termination of this document does not entitle you to a refund of any Fees paid prior to the termination date.

GST

• In this clause expressions which are not defined, but which have a defined meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth), have the same meaning.
• Unless otherwise expressly stated, all prices or other sums payable in accordance with this document are exclusive of GST.
• If GST is imposed on any supply made under or in accordance with this document, the recipient of the taxable supply must pay to the supplier an additional amount equal to the GST payable on or for the taxable supply, subject to the recipient receiving a valid tax invoice in respect of the supply at or before the time of payment. Payment of the additional amount will be made at the same time as payment for the taxable supply is required to be made in accordance with this document.
• If this document requires a Party to pay for, reimburse or contribute to any expense, loss or outgoing (reimbursable expense) suffered or incurred by another Party, the amount required to be paid, reimbursed or contributed by the first Party will be the amount of the reimbursable expense net of input tax credits (if any) to which the other Party is entitled in respect of the reimbursable expense plus any GST payable by the other Party.
• Where the payee becomes subject to any GST penalty or interest because of a late payment by the payee to the ATO of any GST amount, and that late payment is as a direct result of the failure of the payer to comply with the terms of this clause the payer must pay to the payee an additional amount equal to the amount of the GST penalty or interest imposed.

GENERAL

Entire agreement

This document and the course materials sent to You in the same email as this document constitutes the entire agreement between Forex and You and no previous representation, assurance, undertaking or oral terms will form part of this document.

Governing law and jurisdiction

This document is governed by and construed in accordance with the laws of New South Wales and the parties agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

Assignment

• Subject to clause 14.3(b), neither party may assign or otherwise transfer any rights under this document without the prior express written consent of the other party.
• Forex may assign this document to any of its related bodies corporate without prior consent from the Client.

Amendment

No modification, amendment or other variation of this document will be valid or binding on a Party unless it is made in writing and signed by both parties.

Severability

If any term, agreement or condition of this document or the application of this document to any person or any circumstance is or becomes illegal, invalid or unenforceable in any jurisdiction, it will be severed and none of the remaining terms, agreements, conditions or applications in any other jurisdiction will be affected.