Terms and Conditions ? Last updated 20th March 2007
All products that are purchased from Tradewise Pty Ltd trading as Trading by Design are bound by these terms and conditions. To have legal access to our products you must have agreed to these terms and conditions.
Please read these terms and conditions carefully. If you do not understand these terms and conditions we suggest you seek legal advice before agreeing to them.
Please ensure that you understand the risks of direct investing before risking your capital.
Direct investing in the stockmarket, the use of any derivative or foreign exchange financial product can result in significant financial loss. Historical results are no guarantee of future returns.
Tradewise Pty Ltd ( ACN 105 355 360) holder of an Australian Financial Services Licence (No 285948) and trading as Trading by Design is, unless otherwise noted, the publisher of all the material on this website.
Any advice is of a general nature has been prepared without taking account of any particular person?s investment objectives, financial situation or needs. Therefore, before ?acting? on the advice, you should consider the appropriateness of the advice, having regard to your objectives, financial situation and needs. There may be a product disclosure statement or other offer document for the securities and financial products we write about or discuss. You should obtain a copy of the product disclosure statement or offer document before making any decision about whether to acquire the security or product.
Trading by Design has tried to ensure the soundness of the opinions and recommendations, as well as the ?accuracy? of the information used to derive them, but it makes no representation and takes no responsibility as to the soundness of any opinion or the accuracy or completeness of any information contained on this web site. There is a risk of loss therefore you should invest only an amount that you can afford to lose.
All opinions expressed represent Trading by Design views as at the date of publication and may change without notice. The material on this web site is for information purposes only and is not intended as an offer or solicitation with respect to the sale or purchase of any security or financial product.
All of Trading by Design employees, directors and associates disclaim to the maximum extent permitted by law any liability for ?any loss or damage however caused arising as a result of any recipient relying on information provided by Trading by Design.
Trading by Design has prepared a Financial Services Guide (FSG) which you should read before acting on any recommendations that might be contained in any material produced by Trading by Design. You can obtain an FSG from our website www.tradingbydesign.com
Privacy and Personal Information
When you apply to be a subscriber of Trading by Design, we ask you for your general contact details, including your name, postal address, e-mail address and telephone number. We use this information to process your application. Trading by Design may send you other information, such as promotional material. If you do not provide us with this information, we may not be able to deliver the publication you require. Your details are available for you to review and edit within the members section of the trading by design website. You may request a copy of these details at any time and ask us to update them if they are incorrect. We may also maintain a record of any correspondence we have with you. You may obtain a copy of our Privacy Policy from our website at www.tradingbydesign.com
No investment advice provided to you
Unless otherwise expressly stated to the contrary, this website is not designed for the purpose of providing personal financial or investment advice. Information provided does not take into account your particular investment objectives, financial situation or investment needs.
You should assess whether the information on this website is appropriate to your particular investment objectives, financial situation and investment needs. You should do this before making an investment decision on the basis of the information on this website. You can either make this assessment yourself or seek the assistance of any advisor.
Unless otherwise expressly stated to the contrary, the information on this website is not a recommendation to invest in any investments, securities or financial products offered by any associate or member of Trading by Design.
Products and Services
Not all products and services referred to on this website are provided by Trading by Design. Unless otherwise stated to the contrary, there is no guarantee regarding any particular rate or return, or performance of any investment, or the repayment of capital from any investment. Investments are subject to investment and other risks. Possible risks could include delays in repayment and loss of income or capital invested.
Refunds
Due to the different nature of products and services obtainable from Trading by Design, the composition and availability of a refund differs from product to product. All products have an applicable refund statement noted at point of sale. In addition all qualifying products are bound by our refund policy. You may obtain a copy of our Refund Policy from our website at www.tradingbydesign.com
Third party offers
This website may contain references to other special offers or promotions by persons who are not part of Trading by Design. Subject to any applicable law which cannot be excluded, Trading by Design make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of the goods or services available from these persons or entities. Your obtaining of goods or services from these persons or entities is at your own risk. You indemnify Trading by Design against all liability, loss, damage, cost and expense arising from or relating to your obtaining goods or services from a third party referred to in this website.
Disclaimer and limitation of liability
To the maximum extent permitted by law, Trading by Design makes no warranties regarding the completeness, accuracy, or usefulness for any particular purpose of services provided. Our services are provided on an ?as is? and ?as available? basis. Trading by Design disclaims all warranties regarding its services either express or implied, including but not limited to implied warranties of merchantability, accuracy, fitness for a particular purpose, and noninfringement. Trading by Design specifically disclaims any liability, whether based on contract, tort, strict liability or otherwise, for any direct, indirect, incidental consequential or special damages arising out of or in any way connected with use of the services, even if Trading by Design has been advised of the possibility of such damages. By use of our services, you assume the entire risk as to such use and the results thereof.
Some countries and/or states prohibit the limitation of liability for consequential or incidental damages. In such countries and/or states, the limitation of liability with respect to consequential or incidental damages only may be inapplicable to you. With respect to such states, the respective liability of Trading by Design is limited to the greatest extent allowed under applicable law. If a court or arbitration panel provides that the limitations of liabilities or remedies as described in this agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this agreement fail, then you expressly agree that under no circumstance will the total liability of Trading by Design to you or any party claiming by or through for any cause whatsoever exceed the amount paid by you for services rendered by Trading by Design, regardless of the form of action and whether in contract, statue, tort or otherwise.
You agree to indemnify and hold Trading by Design harmless from any claim, demand, loss, costs or expense, including all legal fees, made by any person arising out of your violation of this agreement, Corporations Act 2001, state or federal securities laws or regulations, or any other person?s right, including but not limited to infringement of any copyright or violation of any proprietary or privacy right.
Complaints
If you ever have a difficulty or are not satisfied with our services you are entitled to complain. We have procedures in place to ensure that complaints are fully considered and properly dealt with by our Customer Service staff. You can contact our customer service staff at
If the problem is not resolved to your satisfaction, please contact our Compliance Manager. Any complaint by a customer must be sent via e-mail to the compliance manager of Trading by Design
Within five days of receipt of your written complaint, you will be notified of the receipt of your complaint and any outcome or further discussions that need to occur.
Trading by Design will seek to resolve all complaints quickly and fairly.
If these processes have been followed, and your complaint cannot he resolved, you may also contact the Financial Industry Complaints Service, P0 Box 579, Collins Street West, Melbourne, Victoria, 8007, telephone 1300 780 808; we are a member of this scheme. The Australian Securities and Investments Commission (ASIC) also has a freecall infoline on 1300 300 630 which you may use to make a complaint and obtain information about your rights.
Reproduction Prohibited, Information for Subscribers Only.
Copyright
Trading by Design is the copyright owner of all text and graphics contained on this website, except as otherwise indicated. Other party?s trademarks and service marks that may be referred to herein are the property of their respective owners. You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server, or link to this website, without prior written permission of Trading by Design. Permission to use and reproduce freely available documents and related graphics available from this website is granted, provide that:
1. the below copyright notice appears in all copies and that both the copyright and this permission notice appear;
2. use and reproduction of documents and related graphics available from this website is limited to personal, non-commercial use;
3. no documents or related graphics, including logos, available from this website are modified in any way; and
4. no graphics, including logos, available from this website are used separate from accompanying text.
Use or reproduction for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
Governing Law
This agreement shall be governed by the laws of the State of Western Australia and subscribers expressly agree that exclusive jurisdiction for any claim or dispute resides in the courts of the State of Western Australia .
