LEARN TO TRADE
SEMINAR AND COACHING TERMS AND CONDITIONS
The following Terms & Conditions shall replace any prior or existing agreement between the parties, or previously issued terms & conditions, and shall apply to any existing arrangements currently operating between the parties. By completing a registration, booking or enrolment form and/or attending any seminar with Learn to Trade Pty Limited ACN 138 178 542 AFSL 339557 (“LTT”, “we” or “us”) you hereby agree to be bound by the following Terms & Conditions (as amended from time to time) in addition to any contained on the registration, booking or enrolment form.
You wish to attend Events provided by LTT in accordance the terms and conditions contained herein.
In these Terms & Conditions unless a different intention is expressed, the following terms (as subsequently modified by amended legislation or regulation) shall mean:
• “Events” means seminars, training courses and 30 minute coaching sessions provided by LTT and/or LTT Associates whether on an individual or group basis and whether or not provided free of charge as described on the registration, enrolment or booking form.
• “Intellectual Property Rights” means patents, trademarks, service marks, designs, copyrights, database rights, design rights, applications for registration of any of the foregoing and the right to apply for them and all rights of like nature arising or subsisting anywhere in the world in relation to all of the foregoing whether registered or unregistered;
• “LTT”, “we” or “us” means Learn to Trade Pty Ltd ACN 138178542
• “LTT Associates” shall mean all of Greg Secker, LTT, their agents, officers, employees, speakers and sponsors;
• “Materials” means any teaching materials and other materials used, created or distributed by LTT in connection with the Events;
• “Recordings” include still images, video and audio recordings;
• “Start Day” means the day you are scheduled to attend an Event or the first day of an ongoing Event;
• “Student” or “you” means the person whose details are set out on the registration, enrolment or booking form for an Event;
• “Tuition Fees” means the fees for the Event(s) as set out on the registration, enrolment or booking form;
• “Working Day” means a day other than a Saturday, a Sunday or a bank holiday in New South Wales;
2.1. Clause and paragraph headings shall not affect the interpretation of this agreement.
- Price and Payment
- You have enrolled or booked to attend the Event(s) as set out in the enrolment or booking form.
- You are only entitled to attend an Event if you have paid the applicable Tuition Fees by the date as specified on the enrolment or booking form which is prior to the Start Date. If we do not receive the Tuition Fees in full by the date specified on the enrolment or booking form prior to the Start Day we reserve the right to refuse you entry to the Event.
- We accept payment by cash, cheque, credit card or debit card. You hereby authorise us to debit the total cost of your Tuition Fees for the Event(s) at the time of booking from any credit or debit card detailed on your enrolment or booking form.
- If you have paid a deposit to LTT but are financing the remaining balance through Trident Finance (or via any other loans facility) you must pay any outstanding balance to us within seven days of finance being approved. Failure to make payment of the remaining balance within this time will result in the forfeiture of your initial deposit.
- Where you apply and we accept your application for terms of payment of Tuition Fees by instalments you agree that there will be an additional charge of 10% of the Tuition Fees payable. The instalment plan must not exceed three equal instalments which add up to the total amount of the Tuition Fees payable at least once in each month over a period of not more than ninety (90) days from the date on which the Tuition Fees are due and payable as set out in clause 3.2 of these Terms and Conditions.
- Interest on overdue Tuition Fees will accrue on a daily basis from the date payment is due and payable as set out in clauses 3.2 and 3.3 of these Terms and Conditions until the date of payment at a rate of 4% above the NAB Bank Ltd business finance base rate.
- Subject to clause 4.1, where an Event continues for a period of time and you fail to attend a session within that Event without providing us with 48 hours notice of cancellation of your attendance at that session, you will not be able to undertake that session of the relevant Event at another time nor obtain any refund of any Tuition Fees payable in relation to that Event or session within that Event.
- Dates and venues
- We reserve the right to alter dates, times and venues of our Events if it is necessary to do so for reasons beyond our reasonable control. If as a consequence of our alteration of the date, time or venue of an Event, you are unable to provide us with notice of cancellation in accordance with clause 3.7, we will provide you with an opportunity to reschedule that Event or the session of the relevant Event. We further reserve the right to alter the structure and content of the Events at our discretion without liability to you provided that the changes do not fundamentally alter the nature of the Events.
- e reserve the right at our discretion to exclude any Student from any Event (or any part thereof) for any reason in our absolute discretion. Refunds of or credits for Tuition Fees in such circumstances will be determined on case-by-case basis.
- You agree to keep all information about LTT Associate’s business, information learnt and Materials received during the Event (“Confidential Information”) strictly confidential.
- You agree not to disclose to third parties, reproduce, transmit, adapt, disseminate, distribute, load, post, transmit, store in a retrieval system, sell, modify or republish or otherwise use any of the Confidential Information without our prior written consent, other than for the lawful purposes set out in the Copyright Act 1986 (Cth).
- You acknowledge that the Materials contain Confidential Information and trade secrets belonging to LTT Associates and you further acknowledge and agree that LTT Associates owns the copyright and Intellectual Property Rights in relation to the Confidential Information.
- This clause 5 shall not apply in relation to information that (other than by breach of any duty of confidence) has come into the public domain; is obtained from a third party or was already known to the receiving party before these Terms and Conditions were entered into; or is required to be disclosed by order of a court of competent jurisdiction.
- Intellectual Property
- LTT Associates shall have sole title and ownership of all Intellectual Property Rights in the Materials or Recordings or created in the provision of any of its services.
- Statutory Consumer Guarantees
- Where legislation (including the Competition and Consumer Act 2010 (Cth.) implies consumer guarantees, 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 LTT Associates 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; and
- in the case of services, the supply of the services again, or the payment of the cost of having the services performed again.
- LTT Associates shall have no liability if they are prevented from or delayed in performing their obligations by acts, events or omissions beyond their control including, without limitation strikes, failure of transport network, national emergency, war, terrorism, acts of god, civil commotion, malicious damage, compliance with any law or regulation, fire, flood, storm or default of contractors. If LTT is prevented from performing its obligations under these Terms and Conditions for a period of 90 days or more, LTT shall on request refund any Tuition Fees paid.
- Under no circumstances, including negligence, will LTT Associates be liable for any direct, indirect, incidental, special or consequential damages including, without limitation, business loss or damage such as loss of profits or anticipated savings. Where liability cannot be excluded, LTT Associate’s liability shall be limited to an amount equal to the amount of Tuition Fees paid by you to LTT Associates for the Event(s).
- Warranties and Acknowledgements
- We warrant that our services will be provided with reasonable care. We do not make any other promises or warranties about our services.
- Save for fraudulent representations, we shall not be liable for any warranties or representations unless they are set out in these Terms and Conditions. All advertising material and all prior representations are hereby superseded by these Terms and Conditions except for any terms agreed in writing between you and us. This agreement contains the entire understanding between you and us, and may not be modified unless in writing and signed by you and a director of LTT.
- You hereby agree and acknowledge that:
- None of LTT Associates are brokers or investment advisers. Any decision to invest in any financial or investment product is made by you alone. You must use a licensed financial adviser or broker should you wish to make investments. LTT Associates do not recommend any specific investments.
- The Events and Materials are for educational purposes only.
- Any transaction or market information provided by LTT Associates to you (“Investment Examples”) is provided as general information for educational and illustrative purposes only, and does not constitute and cannot be relied upon as a recommendation to trade. LTT Associates make no representation, warranty or guarantee, and accept no liability for, the accuracy or completeness of any such information, and you rely on such information at your sole risk. Price information pertaining to the Investment Examples is subject to market changes.
- Release for Recordings
- You hereby consent to LTT, their agents, authorised independent contractors or their nominees making Recordings during the Event(s) and acknowledge that you may be included in any such Recordings and that you will not be given any payment for their use.
- You hereby acknowledge that the Recordings are the exclusive property of LTT and LTT is the exclusive copyright owner. You shall have no claim, right or interest to any of the Recordings and you hereby grant permission to LTT to use any of said reproductions in any responsible manner, in whole or in part, individually or in conjunction with other materials, in any medium and for any purpose whatsoever, including, but not limited to, promotional materials and commercial purposes for the full duration of the copyright in the Recordings including any extensions or renewals of the copyright term and grant LTT the right if LTT so chooses to use your name in connection with any of the foregoing. You further hereby waive any right to inspect or approve the Recordings or their use (including without limitation any text which may accompany the Recordings).
- Nothing herein will constitute any obligation on behalf of LTT to make any use of the Recordings.
- You may not make any Recordings during the Event(s) without our prior written permission.
- Enrolment Policy
- Cancellation of an Event must be received in writing to us at Suite 501, 132 Arthur Street, North Sydney NSW 2060 by recorded delivery (“a Cancellation Notice”). If we receive your Cancellation Notice on or before the 10th Calendar Day from the date of agreeing to these Terms and Condition signing this agreement and no Events which entail coaching sessions have been booked and/or taken, you will receive a full refund of Tuition Fees paid. You have no right to cancel after 10 calendar days of signing this agreement and any remaining balance of the Tuition Fees are payable in full.”). If we receive your Cancellation Notice on or before the 10th Calendar Day from the date of agreeing to these Terms and Conditions you will receive a full refund of Tuition Fees paid. If you cancel on or from the 6th day from the date of agreeing to these Terms and Conditions and by four (4) weeks before the Start Day of the Event, we will retain a 85% cancellation fee of the total price and refund any remaining Tuition Fees paid. The cancellation fee is calculated with reference to our expenses in securing your place at the Event(s) You have no right to cancel four weeks prior to the Start Day and any remaining or outstanding balance of the Tuition Fees are payable in full. If you fail to attend the Events as scheduled without our prior written consent you will not be entitled to a refund of any part of the Tuition Fees. You further note that where there are multiple elements to be provided within an Event, that you are unable to cancel any individual aspect of the Event.
- If your cancellation notice is approved as set out in clause 11.1, your refund will be processed within 30days.
- Save as set out above, cancellation or termination of this agreement shall be without prejudice to any rights which have accrued prior to such date. The rights and obligations contained in clauses 8 and 9 shall survive any termination or cancellation.
- Where applicable re-sits of all Events are subject to availability. You may only book one re-sit per Event at a time.
- Learn to Trade reserves the right to place all outstanding and overdue accounts to a debt collection agency.
- If you fail to attend the Events as scheduled without our prior written consent, you will not be entitled to a refund of any part of the Tuition Fees. You are not permitted to reschedule your course date within 14 days of your scheduled course date.
- In order to provide you with our services, we need to collect personal information about you and obtain your agreement in relation to the handling of such personal information. If you do not provide the requested information or agree to the information handling practices detailed in these Terms & Conditions, we may be unable to provide the services outlined in these Terms & Conditions to you.
- You shall ensure that all information provided to us is accurate and up-to-date at all times. Any changes must be advised to us as soon as practicable.
- You authorize us to collect, use, store or otherwise process any personal information which enables us to provide and/or improve our services. LTT takes the security of its clients’ data including payment card data very seriously. It substantially complies with the Payment Card Industry Data Security Standard (“PCI DSS”) developed by Visa and Mastercard. This may, on occasion, require the disclosure of personal information to our related entities, agents and service providers, and to organisations located in countries which do not have comparable laws to protect your information.
- Governing Law
These Terms & Conditions are governed by and construed in accordance with the laws of New South Wales, and the parties submit to the non-exclusive jurisdiction of the courts and tribunals in that State.
All communications relating to these Terms & Conditions shall be in writing and delivered by hand or sent by post, facsimile, or, electronic mail to the party concerned at the relevant address. Any such communication shall take effect if delivered, upon delivery; if posted, two business days after it is posted to the party’s last known address; if sent by facsimile, or electronic mail, at the time of transmission (and receipt of confirmation). Where the Client is more than one person, any notice or other communication provided by LTT to one such person shall be deemed to have been provided to all such persons.
- The validity, construction and performance of these Terms and Conditions shall be governed by the laws of New South Wales and the parties irrevocably agree that the courts of New South Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or its subject matter.
- Your place at an Event is personal to you and may not be transferred without our prior written consent.
- No failure or delay by either party in exercising any of its rights under these Terms and Conditions shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these Terms and Conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If any provision of these Terms and Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
- These Terms and Conditions are made for the benefit of the parties to them and are not intended to benefit, or be enforceable by, anyone else.
- If you are not satisfied with a response received from our Customer Service Manager within 14 days, you are entitled to refer the matter to an independent complaint handling body. We are a member of the Financial Ombudsman Service Limited (“FOS”) (Membership Number 14670). FOS can be contacted at:
Post: GPO Box 3, Melbourne, VIC 3001
Telephone: 1300 780 808; Facsimile: +613 9613 6399
Email: [email protected]
Learn to Trade Pty Ltd (ACN:138178542, AFSL:339557) provides general information and educational content only. This is not personal advice and no individual needs or circumstances have been considered, nor is this an offer to buy/sell financial products. Financial products are complex and entail risk of loss, and you should always obtain professional advice to ensure trading or investing in such products is suitable for your circumstances, and ensure you obtain, read and understand any applicable offer or disclosure document before trading or acting upon any general advice provided. Learn to Trade is authorised by its AFSL to provide general advice.