TradeSetUp Disclosure and Terms of Use

THESE TERMS OF USE IS AN AGREEMENT BETWEEN YOU (“You”) AND TradeSetup owned and operated by Davin Clarke (hereinafter defined as “We/Us/Our Company/TradeSetup”).

These TERMS OF USE are provided in compliance with the “ASIC Regulatory Guide 244 – Giving information, general advice and scaled advice” and as notice, rules and regulations of Australian Trading & Investment Corporation Pty Ltd.

YOU MUST AGREE AND UNDERSTAND THE INFORMATION CONTAINED HEREIN BEFORE PROCEEDING AND YOU ARE DEEMED TO HAVE UNDERSTOOD AND ACCEPTED UPON PROCEEDING FURTHER:

The Content on this Site and on the TradeSetup Application (“App”) is believed to be accurate and current, as at the date referred to on each of the appropriate pages. TradeSetup, its officers, agents, employees or consultants take all necessary steps to ensure accuracy, reliability and completeness of all headings listed on this site and in the App. They do not however, give any guarantee as to the reliability, accuracy, or completeness of the Content.

TradeSetup or its, representatives, or consultants shall not be liable in any way for any loss or damage arising from the use of this content. The content on this site and in the App are informational headings only and not the entire works. Should you need to, you are advised to go to the listed company announcements, which can be found on the Australian Stock Exchange site.

The content within this site is strictly factual informational and/or education data, to be used as a source to better your investment knowledge and judgment. Under no circumstances are you to assume, suppose, take for granted, presuppose, presume, think, believe, expect, accept, and be led to understand, gather, or guess that this content is anything other than informational data.

Reliance on Website & App Content

All information made available by TradeSetup is for your private use only and it is protected by applicable copyright laws and other applicable intellectual property right laws. You may not reproduce, distribute, disseminate, broadcast, sell, publish, circulate, novate, assign or give for free, any of the materials made available to you without first seeking the prior written consent of TradeSetup. TradeSetup shall not be liable for any unauthorised third party use of, or reliance on, their materials or information.

Any unauthorised attempt to reproduce, communicate, redistribute, disseminate, broadcast, sell or publish the information contained in this website is strictly prohibited and will result in legal action. TradeSetup may log the IP address of any computer or App used to access this website or App and may use cookies to track distribution. Your use of, or access to this website signifies your acceptance and compliance with the terms, conditions and disclaimers (‘terms of use’) contained within this document and elsewhere on this website and in the App. TradeSetup shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these terms of use without notice or liability to you. Any changes to these terms of use shall take effect immediately.

User Identification and password

Access to the TradeSetup Website and App is granted by use of a valid username and password. You agree to:

Treat your username and password as confidential;
Not disclose them to any third person;
Comply with these Terms and Conditions of use;
Not interfere with or disrupt other users of tradesetup.com.au or the TradeSetup App or subscribers to the various products available via tradesetup.com.au or the TradeSetup App , nor any of TradeSetup ‘s goods, services or equipment (including by way of viruses) and must not manipulate any of the information or data.
TradeSetup reserves the right to amend the password and other security procedures for access to the TradeSetup website and App at any time.

In the absence of notice from you that the confidentiality of your username and password has been compromised, TradeSetup will be entitled to construe all activity on tradesetup.com.au and the TradeSetup App using that password as being for and on behalf of you and you agree to pay all fees so incurred and to take responsibility for all actions of persons using your password.

Product Support

The seller agrees to provide free, ongoing support to the buyer, Monday to Friday during the hours of 9am to 5pm EST.

The seller agrees to provide the buyer with TradeSetup alerts as per the plan the buyer subscribes to.

TradeSetup Alerts

All TradeSetup alerts including alerts through the App and via the website have been designed for educational purposes only. When our Company demonstrates the use of this data with technical analysis (charting) it is for your betterment and understanding of how useful data and skilled charting analysis can present an opportunity that can be carefully followed or watched for a favorable investment.

These alerts do not and cannot be thought to, or through any faculty of reasoning, to be offering recommendations in relation to any stocks mentioned within these alerts. In no way is it to be taken as investment advice.

Knowing what the charting indicators and various trading levels mean and are used for is strictly for information and education purposes only, even though they may indicate a certain investment position. Any action taken by you is of your own volition and your responsibility alone.

Affiliate/Partner Services

TradeSetup has formed several relationships with entities (Individual people or companies) to provide the services that TradeSetup does not have the ability to provide or that the Company legally cannot provide. These partners have been specifically selected to coincide with Our Companies philosophy, it is TradeSetup’s belief that upon you obtaining products or services from these partners that it will only be beneficial, that you will obtain professional and reliable service that will provide you with positive results.

You understand and acknowledge that upon your written or verbal consent that information gathered relating to your personal and/or financial situation by TradeSetup will be provided to a partner that can provide for relevant/required services. Unless this consent is provided then all information gathered will be treated as such to our Privacy Policy. TradeSetup agrees that this information will only be provided to individuals or entities on a need to know basis and that only the relevant partners will be privy to this information.

You may choose not to share this information or to clarify what information has been obtained throughout the process of you joining as a Member and to amend the information at any time. You agree that this information has been obtained to determine whether TradeSetup partner services, if any, can be of benefit to you.

Education

You understand and acknowledge that Education provided within TradeSetup’s website and App is deemed to be factual information only. TradeSetup may provide links to education providers and you acknowledge the terms “linked third party websites” and “No Financial Advice” upon usage.

In the situation of co-branding between TradeSetup and an education provider, you understand and agree that this is compiled for company branding and awareness. The education provided is provided by a third party service provider and you agree to their terms or disclaimers. TradeSetup has reimbursed or promoted education providers as reward for assisting TradeSetup Subscribers.

Subscription packages and pricing

Our Company reserves its right to alter the structure of subscription or membership pricing at any stage. In the event that this occurs during an active subscription, any upgrades or additional features implemented under your subscribed package would be granted at no additional cost to you until your subscription expires.

Payments made are too deemed by ASIC to be legal, it is your responsibility to ensure that payments made to TradeSetup from the entity in which you are making the payment are within the guidelines of Australian Law.

Free Trials

As a member of TradeSetup, you will be able to access a single free trial of the Plan for 30 days.

It is an express condition of your membership that you will only access one free trial. Any attempt by you as an individual or on anyone’s behalf to access more than one free trial will be a break of these terms and access to any part of this website or the App may be denied without notice.

Any materials downloaded through a free trial in breach of these conditions remain the property of our Company, and you agree to provide all and any necessary information to allow our Company to recover its property.

Examples of Previous Winning Positions

Any examples of previous winning positions are purely for demonstration and/or information purposes only. They are not there to lead you to believe that what has happened previously will necessarily occur again at any time in the future.

Your obligations as a Member of this website

You represent that You are AT LEAST 18 years of age and are in a legal position to form a legally binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. You also agree to provide a true representation, and keep that information updated, when registering with the Website or the App. If you provide any untrue or inaccurate information during the registration process or we reasonably suspect that untrue or inaccurate information has been provided by you during the registration process, we reserve the right to suspend or deactivate your subscription account WITHOUT refund of any monies paid.

If you show this Website or App to another person or entity, you must ensure that person or entity agrees to the TERMS OF USE.

Copyright

TradeSetup is an interactive online service containing information supplied by TradeSetup and third parties. Your use of this service confirms your agreement to the TERMS OF USE. Information is protected by copyright and is made available under license. Any unauthorized reproduction of this information is prohibited.

Network integrity

While TradeSetup has taken reasonable steps to ensure the integrity of our computer networks, we are unable to guarantee files and attachments are free from contamination. Before opening any attachments or emails, or downloading files from this website or the App, visitors to the TradeSetup website or App should ensure they have precautions in place to protect against viral infection.

Any Information downloaded or otherwise obtained through the use of this Website or the App is done so at your own will and risk. You are solely responsible for any damage to your computer or phone hardware, software and data and for any indirect damage caused to you personally, your property or any third-party or the property of any third-party material cause as a result of your accessing this Website or the App.

Linked third party websites

The TradeSetup website or App may contain links to other websites, however, we do not endorse, review, approve or accept any responsibility in relation to the operators of linked third party sites or the information and material on such sites, nor the products or services offered (except where expressly stated otherwise). To the extent permitted by law, TradeSetup and its respective directors, officers and agents disclaim all responsibility for any loss or damage which may be suffered by any person directly or indirectly through any person’s dealings with them or by use of their website whether that loss or damage is caused by any fault or negligence on the part of TradeSetup, its directors, officers and agents.

Return Policy

The user gives his/her full and unconditional permission and authorisation for the Company to withdraw, and the Credit Card institution to pay, the amount agreed as the sale price of the goods/service from the purchasers Credit Card, where Credit Card details have been provided by the purchaser as the method of payment prior to dispatch of the goods or access to the service and agrees to make no claim on these amounts by any means at any time in the future. Agreeing and operating the App serves as my full authorisation in this transaction. You acknowledge that TradeSetup has a no refund policy. You further acknowledge that the subscription can be started and stopped in blocks of 1(one) calendar month only, and only by applying in writing, by email, or letter giving 1 (one) months clear notice of your intention.

No Financial Advice

YOU SHOULD SEEK INDEPENDENT FINANCIAL ADVICE BEFORE MAKING AN INVESTMENT OF ANY SORT.

YOU SHOULD NOT use TradeSetup as a financial advice service. THIS WEBSITE AND APP ARE NOT FINANCIAL ADVICE SERVICES. This website and the App have been prepared for the general & factual information of investors and does not take into account the investment objectives, financial situation and particular needs of any particular person.

Persons intending to act on information should seek professional financial advice BEFORE MAKING AN INVESTMENT OF ANY SORT. Neither our Company nor its employees or agents shall be liable (unless otherwise required by law) for any loss or damage suffered or caused to any person or corporation resulting from, or contributed to by any error or omission from such statements including any loss or damage caused by any fault or negligence on the part of our Company. Statements contained in this website and the App are general only and do not take into account the particular needs, objectives, financial circumstances or investment preferences of any person.

You acknowledge and agree that the information gathered from TradeSetup or its staff throughout the process of joining as a member, and the consequent information that was provided to you as a result of this information, whether in writing or verbally, was in no way financial advice. You also acknowledge that the information provided did not sway your decision to join as a Subscriber.

Indemnity

You understand and agree that TradeSetup shall not be liable to you for any indirect, direct, special, incidental, consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (Even if TradeSetup has been advised of the possibility of such damages).

You understand and agree that you must indemnify and hold safe:- TradeSetup, its staff, officers, agents and consultants and keep them indemnified, against all loss, legal actions, legal proceedings, legal costs, and expenses, legal fees, claims and damages arising from any claims whatsoever to do with this site and the App, its contents, format, or layout. Any claims purported or otherwise of actions, or infringements. You expressly understand and agree that your use of the goods/service is at your sole risk and that this website and App is provided on an “as is” and “as available” basis.

Representations and Warranties

TradeSetup makes no expressed guarantee or warranty that a) The TradeSetup Website or App will meet your pre-conceptions or requirements, b) That the Website or App responds to requests in a timely, secure manner, or free of error, c) That the Information obtained from this Website or App is accurate or reliable, d) That the quality of any services, products and Information or other material purchased or accessed through your use of this Website or App will be accurate, reliable or true. e) Any errors in the software (bugs) will be corrected within a specific timeframe, f) that TradeSetup makes no warranty as to the amount, if any, of financial return that the buyer can make through use of the goods. G) TradeSetup guarantees the performance of the website or App comprising part of the goods. If during the term of the Subscription the website or App malfunctions or there are any faults in the operation of the website or App, TradeSetup agrees to provide a software update as may be required.

You acknowledge that TradeSetup has provided a free trial to demonstrate the operation of the TradeSetup App and that you have read and understood the operation of the TradeSetup website and App comprising part of the goods. TradeSetup warrants that the website and App will perform in accordance with the online demonstration or information provided.

These terms and conditions supersede and exclude all prior and other discussions, representations (contractual or otherwise) and arrangements relating to the supply of the goods/services or any part of the goods/services including, but without limiting the generality of the foregoing, those relating to the performance of the goods/services or any part of the goods/services or the results that ought to be expected from using the goods/services.

You access this Website and the App at your own risk. All Information, functionality and purpose of the Website and App is provided as is and as it is made available. TradeSetup in every way disclaims all warranties of any kind, either expressed or implied and including (but not limited to) the implied warranties of merchantability, appropriateness of service and non-encroachment.

NO ADVICE OR INFORMATION BE IT PRESENTED TO YOU ORALLY, WRITTEN, OBTAINED THROUGH THE WEBSITE, APP OR OTHERWISE FROM TRADESETUP SHALL CONSTITUTE A WARRANTY ON BEHALF OF TRADESETUP.

Jurisdiction

All information and services contained within this website and App are governed by and are to be construed according to the laws applicable in the State of Queensland and the Commonwealth of Australia.

Notice

TradeSetup provides notices to members, including notices of change to these TERMS OF USE, by email, or on the Website and App.

General information

These TERMS OF USE form the basis for the entire agreement between You and Us and thereby control Your use of the Website and App which supersedes any previous contract or agreement between You and Us. As an Affiliate, or Advertiser You may be governed by additional terms and conditions of use and these terms and conditions will be presented to You as required.

The TERMS OF USE and the relationship between You and TradeSetup shall be governed by the laws of the State of Queensland without regard to its conflict of law provisions. You and TradeSetup agree to submit to the personal and exclusive jurisdiction of the courts located within the district of Brisbane, Queensland, Australia.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TERMS OF USE must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Violations

Please report any violations of the TERMS OF USE via email: support@tradesetup.com.au to administration.

Miscellaneous

If any provision of these TERMS OF USE is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You may not sell, assign, or otherwise transfer Your subscription. TradeSetup may assign or transfer its rights with regard to Your membership and these TERMS OF USE. TradeSetup’s failure to act with respect to any failure by You or others to comply with these TERMS OF USE does not waive TradeSetup’s right to act with respect to subsequent or similar failures. These TERMS OF USE set forth the entire understanding and agreement between us with respect to the subject matter hereof. This paragraph survives expiration or termination of these TERMS OF USE.