TERMS AND CONDITIONS

This is an agreement between you and Lenka Taylor trading as FX 2 Freedom (ABN 83 191 732 155) of PO Box 231, St Ives NSW 2075, Australia (“we”, “us” and “our”). The terms, conditions, notices and disclaimers contained in this agreement govern your purchase and use of our products and services, which may include blog posts, e-books, podcasts, face-to-face and online (live and recorded) courses, webinars and workshops (the “Material”).

You should read this document in its entirety because all the terms are important. By clicking an acceptance button, subscribing or making a booking or purchase via www.fx2freedom.com.au (the “Website”), you are electronically agreeing to the terms and conditions of this agreement.

Our programs

Our programs and their inclusions are described on the Website (“Programs”).

License to use Material

For the duration of the Program that you enrol in, we grant you a license to access and use the Material we make available to you for the sole purpose of your own personal education and development. The license is personal to you and cannot be transferred to anyone else without our written consent.

You may continue to access the Material from the Website for as long as you are a paying customer of ours.

Some Material (such as streamed video) cannot be downloaded and must be viewed from the Website during the access period.

Face-to-face workshops

Face-to-face workshops will be held in Sydney, unless otherwise specified on the Website. If you are unable to attend a face-to-face workshop in person, you may join the session remotely, online. We reserve the right to change venues on giving reasonable notice to you.

Online meetings

Our online workshops and group coaching sessions are delivered via our chosen video meeting application, for example, Zoom Meetings (“Application”). It is your responsibility to download the Application, meet the system requirements of the Application and ensure you have sufficient Internet connectivity to successfully participate in online meetings.

If you miss an online meeting, it will be recorded. You will be given access to view the recording at a convenient time.

Payment 

Payment is via direct deposit or PayPal. When making a payment via PayPal you agree you have read, understood and agree to be bound by PayPal’s terms and conditions, which are available on their website.

Refund and cancellation policy

Once you have enrolled in a Program, we do not offer refunds for change of mind. Due to our need to commit to venues and/or other arrangements in advance, exceptions to this policy cannot be made for any reason.

If there are extenuating circumstances that prevent your participation in a Program, you must notify us in writing and we will consider a partial or full refund or credit in our absolute discretion.

You may nominate another person to take your place in a Program if you are unable to attend. However, once you have commenced the Program and participated in the first workshop, the Program may not be transferred.

When we may cancel

Whilst we will endeavour to avoid cancellation of workshops or online meetings, we do reserve the right to cancel at any time and for any reason. If we must cancel, we will use reasonable efforts to reschedule to a convenient date and time for all participants. You will not be entitled to compensation for any loss, expense or damage or for any loss of time or inconvenience, which may result from such cancellation.

Third parties

We may engage third parties (each a “Third Party”) to provide products and services in connection with our products and services, for example: hosting of courses and Material, workshop venues and refreshments. We cannot be held responsible for the actions, errors or omissions of any Third Party, including any loss, property damage or injury caused by any Third Party. To the extent permitted by law, you surrender any rights to any cause of action against us arising out of the acts or omissions of any Third Party. You will be liable for all damage to a Third Party’s person or property, to the extent it is caused by you. To the extent permitted by law, you agree to indemnify us from and against all actions, claims, suits, liabilities, costs or expenses (whether in tort or contract) arising out of your attendance at or participation in any of our services.    

Trading platforms

You understand and agree that as a condition to participating in a Program, you will be required to register an account with an online FOREX broker. This will involve the download of software and an app and the creation of an account. You are free to choose the platform you use. If we suggest a platform or a FOREX broker to you, we do not make any warranty to you in relation to it. You must read, make sure you understand and accept the terms and conditions of the FOREX broker you select. If you sign up to a FOREX broker we suggest we may receive an introduction fee from the FOREX broker.

Disclaimer

The Material and Strategies are provided for information and educational purposes only and do not constitute financial advice. Any information provided is generic only and does not take into account your own risk profile or personal financial position. You are solely responsible for determining whether to take any action in relation to any investment, strategy or transaction, based on your investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation, before using any of the Material or Strategies to trade FOREX CFDs on your own.

Money back guarantee

If the Program you enrol in includes a money back guarantee, the following additional terms and conditions apply to you:

• The money back guarantee will only apply to a Program if expressly stated on the Website at the time of your enrolment.
• The amount refunded will be the amount of fees paid for the Program.
• You must make a claim for refund in writing within 30 days of completion of the Program.
• You acknowledge and agree that achieving a certain result will be dependent on your following the Strategies precisely, including investing the specified required amount of time into the Program.
• If we determine, acting reasonably, that you have not achieved the results because you have not followed the Strategies precisely, you will not be entitled to a refund.
• Refunds are not transferable or exchangeable.
• The money back guarantee is only available once per person.
• The refund does not apply to and we are not responsible for any loss or damage caused by reason of your failure to follow the Strategies.
• We reserve the right to terminate, extend or amend the money back guarantee offer at any time.

   

Intellectual Property

You acknowledge that the Material and any methods, techniques or strategies we teach you (“Strategies”) are subject to copyright and other intellectual property rights (“Intellectual Property Rights”). All right, title and interest in the Material and Strategies are owned and retained by us (or our licensors) and nothing we or you do in relation to the Material or the Strategies will transfer any Intellectual Property Rights to you. The Material and Strategies are for your personal educational use only and must not be commercially exploited by you (other than in your own FOREX trading). You must not use, copy or adapt any of the Material or Strategies in any way that suggests they were created by you.

Our name, logo and all related names, logos, product and service names, designs and slogans, are our trademarks or those of our affiliates or licensors. You must not use, copy or reproduce such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.

When you post content on the Website, you grant to us and represent that you have the right to grant to us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use the content for the purposes of managing the Website. You waive all moral rights you have in that content to the fullest extent permitted by law and consent to us doing anything in relation to your content that would otherwise infringe any past, existing or future moral rights in that content. You indemnify us against any loss, cost, expense, damage or liability arising from an action, claim or proceeding alleging that your content infringes the Intellectual Property Rights of any person.

Without limiting the foregoing, you agree not to reproduce, copy, share, sell, resell, publish or exploit for any purposes any aspect of the Website, the Material or the Strategies (other than your own content) without our written consent. You agree that we may take urgent injunctive action against you should you breach our Intellectual Property Rights.

Acknowledgment and Waiver

As a condition of your participation in our services, you:

• acknowledge and understand:
  • the minimum age for participation is 18 years;
• warrant that you:
  • have read, understand and agree to the disclaimer provided above;
  • if applicable, have informed us of any food allergies, food intolerances or dietary restrictions and assume full responsibility for your choice to consume any food or refreshments supplied to you at a face-to-face workshop;
  • will abide by our instructions or those of any Third Party in relation to any activity during a workshop, including those in any literature or verbal or written instructions;
  • will comply with the Website Terms of Use, which are incorporated by reference into this agreement; and
• agree that you assume all risks in connection with your participation in the Programs or any other services and acknowledge that we are not liable for the breach of any express or implied warranty that services we provide will be provided with reasonable care and skill.

Except for your statutory rights:

• the Material and the Strategies are provided to you without warranties of any kind, either express or implied;
• we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose.
• All express or implied warranties, representations, statements, terms and conditions that are not contained in this agreement, are excluded to the maximum extent permitted by law.

Limitation of Liability

To the extent permitted by law, we and our personnel exclude all liability for damages for any harm (including but not limited to personal injury or death, damage to property and economic loss) from a failure to exercise reasonable care and skill, regardless of whether the claim is brought in tort (including in negligence), in contract, under statute or otherwise, where such liability results from breach of an express or implied warranty that the services will be rendered with reasonable care and skill.

Subject to our obligations under the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth) (the “CCA”), and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to this agreement, whether in contract, tort (including negligence), in equity, under statute or on any other basis, is limited to AUD$100, or the amounts paid by you for the applicable product or service, whichever is the greater amount.

To the maximum extent permitted by law, we are not liable for special, indirect, consequential, incidental or punitive damages, damages for loss of profits, revenue, goodwill or anticipated savings, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage. Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability. To the extent of any inconsistency between this clause and the equivalent clause in the Website Terms of Use, this clause will prevail.

Where any of the consumer guarantees under the CCA apply to the products and services supplied by us, and the CCA voids or prohibits a provision in a contract excluding, restricting or modifying such consumer guarantees, then, to the fullest extent permitted by law, our liability under or arising out of the supply of products and services for breach of, or failure to comply with, such consumer guarantees shall be limited to the provision of the remedies described below:

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• • to cancel your service contract with us; and
  • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Privacy Notice

In purchasing our products or services, you may give us personal information in which you have certain rights. You grant us consent to use your personal information in accordance with our Privacy Notice, which is incorporated into and forms a part of this agreement.

You agree to us using, publishing, distributing and copying all photographs taken and/or videos recorded of you during participation in the services, for promotional and/or educational purposes, unless you have otherwise notified us.

General

Neither we nor you will be liable for any delay in performing an obligation under this agreement, if such delay is caused by circumstances beyond our or your reasonable control.

If any part of this agreement is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

This agreement is governed by the laws of New South Wales, Australia, and we and you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

We and you agree that we may communicate with each other electronically, including by sending electronic notices.

You may not assign this agreement without our written consent. We may subcontract our obligations, assign or novate this agreement at any time without your consent.