Legal Notices & Disclaimers
This site and the information provided on this site are owned by Optionetics Pty
Ltd ABN 20 100 489 254 ("OPL", "we", "our", "us").
By using this site or our products and services 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.
Optionetics Pty Ltd ABN 20 100 489 254 ("OPL") and optionsXpress Australia Pty Limited
(ACN 085 258 822 AFS Licence No: 246743) ("OXA") are affiliated companies under
common ownership of optionsXpress Holdings, Inc. OPL and its officers, employees,
independent contractors, and former owners may receive compensation in connection
with this and other marketing efforts. Education services are provided by OPL as
an Authorised Representative of Investment Educators Australia Pty Limited ACN 105
216 340, the holder of an Australian Financial Services Licence (No: 241060). In
providing this information, neither OPL nor OXA have taken into account the investment
objective, financial situation and specific needs of any particular person. Trading
involves risk. Before making an investment decisions you should seek advice from
a professional advisor.
These Terms and Conditions will also apply to products or services 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 OPL purchase document.
For The Information of Australian Residents Only We are an Authorised Representative
of Investment Educators Australia Pty Limited ACN 105 216 340 ("IEA"), the
holder of an Australian Financial Services License (No: 241060).
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
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.
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 OPL, 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 OPL or its licensors, the copying, redistribution, retransmission or publication
of which is strictly prohibited without the written consent of OPL.
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.
To the maximum extent permitted by law and subject to the statutory warranties below,
OPL 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, OPL 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. OPL
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.
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;
- 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 OPL 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 OPL even if it has been advised of
the possibility of damages to such parties or any other party. If, notwithstanding
the foregoing, OPL 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, OPL aggregate liability
shall in no event exceed the purchase price paid by you.
You agree to defend and indemnify OPL, 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 OPL, for any failure
to deliver any online Products resulting from any circumstances beyond their control.
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 site. You are responsible for regularly reviewing these Terms
and Conditions and if you use this website after any such changes are published,
such use shall constitute your agreement to such changes.
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).
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.
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
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.
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 days and 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. Optionetics 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 requested by courier
the flat rate will be provided at the time of checkout. You will need to allow additional
time for international delivery.
Customer Service Policy
If for any reason we are unable to dispatch your order we will notify you within
2 business days.
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 email@example.com
Our policies and procedures in relation to guarantees and refunds are set out in
Refunds Policy and Procedures.
A Class Credit is the right to attend an OPL 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.
Your request to change Class location or date will be granted only if OPL can find
another student to take your place. OPL reserve the sole right to change Class content.
OPL 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.
OPL 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.
We will make every reasonable effort to accommodate people with special needs who
register to attend our Classes. Please contact OPL 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.
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.
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
- 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);
- 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
Products or services supplied with or as a subscription will be required to be renewed
to continue using the Product or service 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.
To participate in an Online Class your computer system will need to meet the minimum
requirements set out at
http://www.adobe.com/products/acrobatconnectpro/systemreqs/. 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.
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.
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
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
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.
How to Contact Us
If you have any questions regarding these Terms and Conditions or our Products,
please feel free to contact our Customer Care Officer at:
Telephone: +61 2 8213 6066
Facsimile: +61 2 9972 7769
Telephone: +61 2 8213 6066
Facsimile: +61 2 9972 7769