TERMS OF SERVICE

Terms and conditions

Website Terms and Conditions

This website is owned and operated by Effective Trading Solutions Pty Ltd ABN 98160101959.  Your access to this website is subject to these terms and conditions, our privacy policy, notices, disclaimers and any other terms and conditions or other statements contained on this website (referred to collectively as our “Terms”).

The Freedom Trader Web Site (the “Site”) is an online information service provided by Effective Trading Solutions Pty Ltd (“Effective Trading Solutions”), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Effective Trading Solutions MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

  1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by copyright and trademark laws. The owner of the copyrights and trademarks are Effective Trading Solutions, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Effective Trading Solutions a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as social media, bulletin boards, forums and newsgroups) or by e-mail to Effective Trading Solutions by all means and in any media now known or hereafter developed. You also grant to Effective Trading Solutions the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Effective Trading Solutions for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Effective Trading Solutions.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of Effective Trading Solutions. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

  1. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by Effective Trading Solutions, Effective Trading Solutions does not operate, control or endorse any information, products or services on the Internet in any way. Except for Effective Trading Solutions- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Effective Trading Solutions. You also understand that Effective Trading Solutions cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. EFFECTIVE TRADING SOLUTIONSPROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND EFFECTIVE TRADING SOLUTIONSSHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. EFFECTIVE TRADING SOLUTIONSDOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. EFFECTIVE TRADING SOLUTIONSHAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL EFFECTIVE TRADING SOLUTIONSBE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF EFFECTIVE TRADING SOLUTIONS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, EFFECTIVE TRADING SOLUTIONSLIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Effective Trading Solutions makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Effective Trading Solutions web site, please understand that it is independent from Effective Trading Solutions, and that Effective Trading Solutions has no control over the content on that web site. In addition, a link to a Effective Trading Solutions web site does not mean that Effective Trading Solutions endorses or accepts any responsibility for the content, or the use, of such web site.

  1. Indemnification.

You agree to indemnify, defend and hold harmless Effective Trading Solutions, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

  1. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Effective Trading Solutions and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

  1. Term Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

  1. Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of Australia applicable to agreements made and to be performed in Australia. You agree that any legal action or proceeding between Effective Trading Solutions and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Australia. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Effective Trading Solutions’ failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Effective Trading Solutions may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

EFFECTIVE TRADING SOLUTIONS – BLUEPRINT and INNER CIRCLE MEMBERSHIP

TERMS AND CONDITIONS

  1. Effective Trading Solutions Pty Ltd t/as theFreedomTrader.com is a Corporate Authorised Representative (CAR No. 1267698) and Terry Tran is an Authorised Representative (AR. 1267697) of Australian Financial Advisory Group Pty Ltd (AFSL No. 475300).
  2. General Disclaimer- The information or the products and services referred to on this website may be accessed worldwide, however they are only intended for use by recipients located in countries where such use does not constitute a violation of applicable legislation or regulations.

Any advice contained in or given by way of this website is intended to be General Advice Only. It is not designed, nor should it be understood as being, for the purpose of providing personal financial or investment advice. Trading in financial products involves significant risk. You must ensure that you are fully aware of the specific risks and be willing to accept them before you trade in any financial product.

Effective Trading Solutions does not receive any rebate in commission for the referral of potential clients to any financial instrument broker or trading platform provider. Any person interested in any product, broker or platform that any of Our Representatives might refer to should refer directly to that broker or platform’s terms and conditions and any Product Disclosure Statement applicable to the product.

  1. Terms of Use – Terms of Use for an annual membership are detailed on our website and are available for review at thefreedomtrader.com/terms-of-service
  2. Privacy – Effective Trading Solutions’ Privacy policy applies to annual memberships and is available for review at thefreedomtrader.com/privacy
  3. Risk warning – as per the general disclaimer, all investment products carry risks. Effective Trading Solutions accepts no responsibility for any loss incurred by an Effective Trading Solutions member / client / customer resulting from transactions they enter into. Any and all losses incurred are the sole responsibility of the client and are in no way a liability or responsibility of Effective Trading Solutions, its owners, directors, employees or representative agents.

5a. Upfront Payment – Where a customer buys a Membership product, this requires the Member to pay the agreed fee upfront in consideration for being granted access to the ‘Blueprint’, members-only content and services. Fees applicable to our various membership products are published on our website and may be varied and updated from time to time.

5b. Monthly Payment – Where a customer buys a Monthly Membership product, this requires the Member to pay the agreed fee upfront in consideration for being granted access to the ‘Inner Circle’, members-only content and services. Fees applicable to our various membership products are published on our website and may be varied and updated from time to time.

  1. Reasonable periodic cessation of content – Effective Trading Solutions reserves the right, in its reasonable discretion, to have periods of time where content is not delivered, added or updated. Effective Trading Solutions deems cessation periods to be ‘reasonable’ as in accordance with the description of the particular products as stated in marketing material (webinars included) as well as specific times of the year including, but not limited to: Public Holidays (New South Wales, Australia based), weekends, the 4 business days either side of Easter and a ‘Christmas / New Year break’. In practice this annual break will be approximately 2 weeks in duration.
  2. Refunds and Cancellations – No refunds will be offered or payable in respect of any Product for which an Upfront Payment and Monthly Payment has been agreed and has become payable after 14 days. Month to month subscriptions may be cancelled upon the customer giving Effective Trading Solutions at least 30 days’ written notice of cancellation.
  3. Limit of Liability – To the fullest extent possible by law, Effective Trading Solutions, its owners, Directors, employees and representative agents accept no liability for any loss that any client may incur whilst a client of Effective Trading Solutions. By purchasing, accessing or using any Effective Trading Solutions product or service, you acknowledge that where Effective Trading Solutions provides advice, it is general advice only. No information or advice provided by Effective Trading Solutions is, or is intended to be, personal or specific to any person and it does not take into account the objectives or circumstances of any particular person, nor should be it be construed as doing so. Effective Trading Solutions provides information and general financial product advice for educational purposes only. All information is presented ‘as is’. Effective Trading Solutions makes no guarantees pertaining to its accuracy or usefulness.
  4. Acceptance of Terms – By making payment of any annual or monthly membership fee to Effective Trading Solutions, or accessing any of Our products or services, you accept that you are bound by these product Terms and Conditions. By paying for your membership or using any Effective Trading Solutions service, you acknowledge you have read, understood, accepted and are to be bound by these terms.

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