Terms and Conditions

Pivot Point Trading Pty Ltd

Access and Services Terms

These terms govern the access to and supply of services by Pivot Point Trading Pty Ltd ABN [47 085 881 695] (“we,” “us,” “our”) to individuals and organisations (“you,” “your”) who use our web site or who order or use on-line training services supplied by us.

Please read the terms carefully.  Accessing or using our web site, or registering for, ordering or using any services supplied by us, indicates an acceptance of these terms by you.

These terms may be updated by us from time to time.  Updates take effect when the updated terms are published on our web site at [http://pivotpoint-trading.com/terms-and-conditions/] and will apply to all access, use and services supplied by us after that time.

  1. Definitions

In these terms:

Costs” means the costs of the Services, which may be nil for certain Services.

IP Rights” is an abbreviation for “intellectual property rights” and includes all copyright, patent rights, registered and unregistered trade mark rights, know-how, trade secrets and rights associated with confidential information, in any jurisdiction.

Services” means training and other services provided by us, whether charged or provided at no cost.

Site” means the web site at [site URL], or such alternative web site as may be nominated by us.

  1. Access to the Services

You can access the Services through the Site.

We may require you to register using the Site in order to access the Services.  You must provide the details required by us in order to register.  We are entitled to assume that any information provided by you is correct.  We will manage any personal information collected from you in accordance with our privacy policy.

If you are under 18, you must obtain your parent’s or guardian’s permission to use the Site and access the Services, and we are entitled to assume you have done so.

The Site and the Services are intended for clients located in Australia, and we are entitled to assume you are located there.  You must not use the Site or the Services if you are located outside Australia.

We may allow or refuse access to the Site or the Services at any time, whether or not you have previously accessed the Site or Services, and without giving reasons.

  1. Payment

In return for our supply of the Services, you must pay us the Costs for those Services.  The Costs may be nil for certain Services, as indicated on the Site.

We reserve the right to update Costs indicated on the Site from time to time, and to correct Costs indicated in error.

You must pay the Costs in advance of the provision of the relevant Services.  We are not required to provide Services until the applicable Costs have been paid.

You may pay Costs by a credit card accepted by us, by PayPal, or by an alternative payment method accepted by us.  Unless otherwise agreed with us, the name of the credit card or Pay Pal account must be your name.  If another person uses their credit card or PayPal account to pay Costs, you must obtain that person’s consent to obtain the Services, and we are entitled to assume you have done so.

Costs are expressed in Australian dollars and are inclusive of Australian GST where indicated.

  1. Data and Infrastructure

The Services are delivered using the internet.  The Services may include high-definition audio and video content, and a significant volume of internet data will be required to deliver them.  You must bear the costs of internet access to the Site and the costs of transmission of data to you through your ISP or mobile service provider as necessary for delivery of the relevant Services.  You should inform yourself of any applicable data transmission charges and limits.  You will be responsible for any usage charges which may be imposed by your ISP or mobile service provider in relation to data transmitted for the purpose of the Services.

The Services will be delivered in industry-standard audio and video formats.  You must ensure that you have the software and hardware necessary to view the audio and video components of the Services.  Details of the requirements are provided on the Site.

  1. Services Warranty

We warrant that the Services will be rendered with due care and skill.

We exclude all guarantees, representations and warranties except those stated in this agreement.  In particular, we do not represent or warrant that Services are suitable for your specific requirements, nor that the Services are of any particular quality or standard, nor that they are necessarily complete or correct.  Other than as expressly indicated, the Services are supplied on an “as is” basis.

You acknowledge that the Services are for education and training purposes only, and do not constitute investment or financial advice or any other financial product or service.  We are not licensed to provide, and do not provide, any financial product, service or recommendation.

  1. Liability

Neither party is liable to the other, whether in contract, negligence or otherwise, for any consequential or indirect loss arising out of or in connection with this agreement or the Services, including for lost investment, capital, income, revenue, value, sales or profits, lost access or productivity, or for any interference with privacy, business interruption, or any special or incidental loss.  This exclusion applies even if a party knew or should have known that the other party might suffer loss.

Without limiting this clause, if we are liable to you for any reason, then (to the extent we can do so lawfully) our total aggregate liability to you in respect of the Services is limited to the amounts actually paid by you to us under this agreement in respect of those Services.

Our liability for failure to comply with any guarantee implied by the Australian Consumer Law is limited (where it would be lawful to do so) to resupply of the Services concerned.

  1. Disputes

Each of us must use our best endeavours to resolve any disputes about this agreement or the supply of the Services by communication and negotiation and without resort to legal proceedings.

  1. IP Rights

As between you and us, we own and will continue to own the IP Rights in the Site and the Services.  No such IP Rights are transferred or licensed under this agreement.  You must not copy, store, re-transmit, re-publish or communicate the content of any of the Services to any other person, and you must not authorise anyone else to do so.

  1. General

This agreement contains the entire understanding between the parties as to its subject matter.  Any prior negotiations, representations or documents concerning the subject matter of this agreement are superseded by this agreement and are of no effect.  This agreement is governed by Queensland law.

Copyright © 2013Pivot Point Trading Pty Ltd

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