Reef Capital Coaching Pty Ltd ('RCC') holds the Intellectual Property and Confidential Information in relation to The Chartist subscription service ('the Service').

The Service and the Confidential Information are of significant commercial value to RCC. In consideration of RCC providing You with access to the Service and/or Confidential Information, You have agreed to restrain your use of the Service upon the terms set out below.

Definitions:

"Confidential Information" means all passwords, access codes, usernames, models, systems, product information, documentation, material, ideas, trade secrets, concepts, know-how, dealings, marketing practices, and technical, commercial, financial or legal information relating to the Service or RCC that is disclosed or revealed directly or indirectly (whether orally, electronically, in writing or in any other form or media) by or on behalf of RCC.

"Intellectual Property" means any and all intellectual and industrial property rights of any kind throughout the world subsisting in or in relation to the Confidential Information or the Service, including any associated systems, processes, manuals, instructions or applications including:

(a) Inventions, discoveries and novel designs (whether or not registered or registrable as patents or designs), including developments or improvements to the Service, processes, methods or techniques;

(b) Copyright (including rights in the nature or analogous to copyright) throughout the world in all works or subject matter in which copyright subsists;
(c) moral rights;

(d) Confidential Information, and

(e) trade and service marks (whether registered or unregistered)

"the Service" means the analysis of stocks, derivatives and other instruments, by way of Technical Analysis techniques or systems used by RCC. The analysis will use Elliott Wave Theory, classical charting, geometry, computer assisted strategies or other means of analysis.

"Permitted Purpose" means providing subscribers of the Service all information of the analysis for personal education or trading.

Obligations:

In consideration for access to the Service and any Confidential Information:

(a) You will not directly or indirectly disclose, publish or communicate or assist in the disclosure, publication or communication to any other person, firm or company, or use for the benefit of any third party, reproduce or record any Confidential Information for any purpose other than that pursuant to the Permitted Purpose.
(b) You will not permit or cause any of the Confidential Information to be entered into any computer or database not solely operated and controlled by RCC without prior written consent of RCC.

Uncertainty:

If You are uncertain as to whether any information is Confidential Information, You must treat the information as if it were Confidential Information.

Precautions:

You must take reasonable precautions to maintain the confidentiality of and to prevent the disclosure or use of the Confidential Information.

Unauthorised Use or Disclosure

You must immediately notify RCC of any unauthorised disclosure or use of the Confidential Information of which You become aware.

Remedies:

You acknowledge and accept that RCC will suffer financial and other loss and damage if the Confidential Information is disclosed or used otherwise than in accordance with this agreement, and that monetary damages will be an insufficient remedy. You acknowledge and accept that in addition to any other remedy that may be available, RCC is entitles to injunctive relief to prevent a breach of this agreement and to compel specific performance of any of its terms.

Indemnity:

You must indemnify RCC against all costs, expenses, damages, actions or claims directly or indirectly incurred or suffered by RCC as a result of any breach of this agreement by You. This indemnity extends to all costs, damages and expenses incurred by RCC in defending and/or settling any costs, expenses, actions, suits, proceedings, claims or demands (including legal costs and disbursements on a full indemnity basis).

Governing Law and Jurisdiction:

This agreement will be governed by Queensland law. You submit to the jurisdiction of the courts of Queensland.