Terms & Conditions

This is really important stuff, so please read it.

Agreement

This site and the information provided on this site is owned by ThirtyTen Investments Pty Ltd ACN166 920 878 (ThirtyTen, we, our, us). By using this site or our products the user (you) unconditionally agree to be legally bound by these Terms and Conditions. Now, we don't want to have to force you agree to something if you don't want to, so if you do not agree with any part of these Terms and Conditions, then you really shouldn't use our site or buy our products.

Confidentiality

The information on this site contains both public and private information. Private information includes information that requires a user specific password and username – for example, a member login. The educational material available for you to purchase on this website (Products) is also private information. By agreeing to purchase our Products or accessing private information you are agreeing to keep the content of that information confidential. That means you shouldn't share it, distribute it, reproduce it, disseminate it, reverse engineer it, copy it, or post it up on the internet in any way whatsoever without our permission. If you do, and I find out that you did, I promise I will sue you. Current copyright allows damages for wilful infringement of up to USD 150,000, so why would you even try to do the wrong thing anyway, right?

Investment Disclaimer

The information presented to you by us in our Products are presented by way of examples only and does not constitute any securities recommendations and may or may not be suitable to any individual investors needs. Although we consider everyone who purchases our Products to be our friends, we are not aware of your individual financial situation and make no recommendations as to the specific markets that you should trade or to the capital requirements for trading in any particular market or security. While information provided in the Products is drawn from sources considered reliable, we, the Author and directors, officers, agents, employees and consultants of ThirtyTen: (i) do not warrant or guarantee, expressly or implied that such information is accurate or current and (ii) may, at any time, own or have agreed to buy or sell any securities presented in the Products or the information on our website. The information used on our website or in the Products is for general investment education and neither constitutes, nor is intended to take the place of individual tailored advice from a professional investment advisor. Before making an investment decision on the basis of the information used in the Products or on our website, you need to consider, with or without the assistance of a licensed securities advisor whether the advice is appropriate in light of your particular investment needs, objectives and financial circumstances.

Intellectual Property

Any trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") or used with any Products are registered or common law Trademarks of ThirtyTen Investments Pty Ltd and its affiliates. All copyright in the information available on this site and in the Products are the copyrighted work of ThirtyTen. The copying, redistribution, retransmission or publication of which is strictly prohibited without the written consent of ThirtyTen. Remember, if I catch you reproducing our Products, I will sue you. Nothing contained on this site should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any of the content of this site, the copyright therein or Trademark without our prior written permission, or such other party that may own the content on the site. Whilst the purchase of the Products will change the way you look at financial markets and investing, it does not grant you any rights to sell, transfer or assign the Product to a third party – except maybe, for your son or daughter. If you purchase a Product you are granted a license to use the Products only for your own personal use and you agree not to modify copy or reproduce, disassemble, decompile or reverse engineer the Product.

You agree that you shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary rights, or any other loss or harm resulting from your use of this site or the products.

Third Party Information and Site Links

This site contains or may contain references and links to other companies and/or their sites. We make no representation, warranties or endorsements whatever about any other sites to which you may have access through this site or any products or services of those other companies, even if the products of those companies or their sites are described or offered on this site or integrated with the Products.

The site contains or may contain articles written by third parties. These articles are provided for the interest of our customers, however at no time should they be construed to be our views or to constitute trading advice from us. Any ASX material on this site is subject to the Terms of Use, which appear on www.asx.com.au.

Warranty Disclaimer

To the maximum extent permitted by law and subject to the statutory warranties below, ThrityTen and the Author does not make any warranty or representation of any kind regarding the information on this site, or Products and/or any material provided or sold to you, all of which are provided to you on an 'as is' basis only. In particular, no warranty is given in respect of the timeliness, suitability, accuracy, completeness, currency or reliability of any of the content found on this site, in the Products or data used by the Products and, subject to any applicable statutory warranties, ThirtyTen or the Author expressly disclaims all warranties, terms and conditions, including all implied warranties, terms and conditions of merchantability, satisfactory quality, fitness for a general or particular purpose and non-infringement of proprietary rights, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. ThirtyTen or the Author does not warrant that this site, its servers or any email sent to you are free of viruses. We also give no warranties or make any representations of any kind regarding the products of any third party to whom you may be referred to by us.

Statutory Warranties

Where legislation (including the Trade Practices Act 1974 in Australia) implies 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 we are entitled to do so, the liability of each will be limited at their option to: 1) 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 2) In the case of services, the supply of the service again.

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Limitation of Liability

In no event shall ThirtyTen be liable for any injury, loss, claim, damage or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind or for any loss, profits or lost saving, whether based in contract, tort (including negligence), equity, strict liability, statute or otherwise, which arises out of or is in any way connected with (i) any use of the Products (ii) any failure or delay (including, but not limited to the use of or inability to use the Products, or (iii) the performance or non performance by ThirtyTen even if it has been advised of the possibility of damages to such parties or any other party. If, notwithstanding the foregoing, ThirtyTen should be found liable for any loss or damage which arises out of or is in any way connected with your use of the Products, the aggregate liability of ThirtyTen shall in no event exceed the purchase price paid by you.

Indemnification

You agree to defend and indemnify ThirtyTen and the Author and its officers, directors, employees, independent contractors and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees brought by you or on your behalf or by third parties as a result of your breach of these terms and conditions or your negligence. You also agree to indemnify and hold harmless ThirtyTen and the Author for any failure to deliver any online Products resulting from any circumstances beyond their control.

Variations

We reserve the right to change any information related on this website at any time, without notice at our sole discretion by posting an updated version of these Terms and Conditions on this website. You are responsible for regularly reviewing these Terms and Conditions and if you use this site after any such changes are published, such use shall constitute your agreement to such changes.

Governing Law

These terms and conditions are governed by the laws of Victoria and both parties submit to the exclusive jurisdiction of the courts of that State.

When do these Terms and Conditions apply?

You should read these Terms in conjunction with our Privacy Statement and any additional terms and conditions, which apply to your purchase and use of a particular Product (as notified by us or agreed by you at the time you purchase the Product.)

Ordering Products

Receipt of your order (or our confirmation of your order) does not require us to supply the Product to you until we receive payment for the Product as described below in these Terms. You are responsible for correctly entering all requested order information on our website or order forms.

Payments

Your order for Products must be accompanied by payment of the specified purchase price (using one of the prescribed payment methods) by available credit or otherwise in immediately available funds.

It is your responsibility to ensure that there are sufficient funds available in your account to allow a debit to be made or you must arrange for payment to be made by another method. If there are insufficient funds available you may incur additional fees or charges. All late payments will incur interest at the rate of 12% per annum calculated and compounded daily and you will be responsible for any third party collection agency costs. We reserve the right to suspend or cancel delivery of any undelivered Products or Service whilst any payments remain outstanding and you agree to forfeit any/all claims to payments already made.

Delivery

Where you have purchased a Product, which does not require physical delivery, we will usually be able to arrange access to that Product hopefully immediately, but we will use our reasonable endeavours to get it across to you within 2 working days of the purchase date. Where the purchased Products require physical delivery, we will use our reasonable efforts to despatch orders within 3 business days. Delivery times are estimated at between 3 – 7 business days depending on your location within Australia and will take longer if you are located outside of Australia. While we make every reasonable effort, we do not guarantee that Products will be delivered or made available to you within a particular timeframe. Extra freight and administrative costs may apply if we have to redirect a Product to another destination to that originally nominated by you.

Customer Service Policy

If for any reason we are unable to dispatch your order we will notify you within 2 business days.

Refund Policy and Money Back Guarantee

We are confident that the techniques described in our Products will work in any liquid and freely traded market. We say that, because we have personally seen them working over the last 15 years, and we have back tested to prove to ourselves that they work over the last 150 years across all key financial markets. If however you believe that the techniques described in our Products do not work in any liquid and freely traded market, then notify us by email at info@thetimefactor.com with a refund request and state the market or security you are referring to and the reason why you do not think they are working. If we cannot respond to you by reply within 10 business days of your refund request and demonstrate that at least two of the techniques in our Products are working effectively, we will gladly refund 100% of your money – and do so with a smile. If you are in any doubt about what constitutes a liquid and freely traded market means, then this is probably not the website for you in the first place.

The information contained in our Products is intellectual property. As you can appreciate, it would be pretty stupid of us to offer a refund of your money if you downloaded our Product, read it, and then changed your mind. Please make sure (be 100% sure) that you want to go ahead with the purchase of our Product before you commit to buying it. We will not refund money if you have already downloaded our Products and subsequently change your mind.

Terms of Use

By purchasing a Product from us, you do not acquire ownership of or title to that Product. The Intellectual Property Rights in a Product remain ours at all times. However, your payment of the purchase price grants you a personal, non-exclusive, non-transferable license to use the Product. Without limiting any of the above, you must not (and must not attempt to) sub-licence, copy (other than for personal use or back-up) assign, transfer, redistribute, sell, broadcast, alter, modify, decompile, reverse engineer, access source code or disassemble the Product or the information it contains or cause or permit any person to do any of these things. If you fail to comply with the above Terms and use or disclose the confidential information in the Products we may (at our sole and absolute discretion and without refund): 1) suspend and/or revoke your right to access the Product; 2) refuse further supply to you of any Product; 3) repossess all copies of a Product (including any derivative works based on a Product); and 4) exercise any other rights, powers and remedies available to us under these Terms or at law.  We also unequivocally reserve our right to sue you to the full extent of the law if you disclose that confidential information and we put you on notice that the damages we suffer will be multiples of the purchase price you paid for the Product in the first place. Except as advertised by us in relation to a Product, your right to use a Product does not include a right to receive updates or revisions of that Product. We may, however, at our discretion, decide to offer these to you from time to time (which may be at additional cost) and require you to agree to additional terms.

Our liability to you

If a warranty or condition implied by law cannot be excluded, our liability in relation to such a warranty or condition is limited, at our option, to either re-supply the Product or the purchase price for the Product. Any claim by you against us under these terms (other than under our Refund Policy and Procedures) must be made within six months from the date of the act or omission giving rise to the claim.

Your liability to Us

To the maximum extent permitted by law, you agree to defend and indemnify us and our officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf or by third parties as a result of or in connection with your access or use of, or actions in reliance on our Products, your breach of these Terms or your negligence. The disclaimers, limitation on liability and indemnities in these terms continue despite any discontinuation or suspension of access to the Product.  You may not assign, transfer or otherwise deal with your rights, obligations or liabilities under these Terms. We may assign, transfer or otherwise deal with our rights, obligations or liabilities under these Terms at any time and without notice to you. The contract constituted by these Terms is governed by the laws in force in Victoria, Australia, irrespective of your location. You irrevocably and unconditionally submit to the laws of Victoria, Australia for all disputes and proceedings relating to these terms.