The Chartist Terms and Conditions
[last updated May 2018]
The business that provides this website and other online services
https://www.thechartist.com.au is made available by Reef Capital Coaching Pty Limited ABN 24 092 309 978 of Suite 1/21 Sleepy Hollow Drive, Noosa Heads QLD 4567 Australia (The Chartist) AFSL 288200. You can contact us or call +61 7 5473 5743.
When you read words “us”, “our” or “we”, it means The Chartist, and the words “you”, “user” or “your” means you, the visitor to our website and any and all software applications or social media pages we provide (online services). Reference to “you” or to “us” includes respective directors, employees, agents, successors and legal assigns.
By using this website you are agreeing to be automatically bound by these terms and conditions. Our terms and conditions include:
• Membership terms and conditions
• Payments, Refunds and Shipping
• Risk Disclosure Statement and Performance Disclaimer/ IMPORTANT INFORMATION
• Arrangements for Managing Conflicts of Interest
• Financial Services Guide
We encourage you to carefully read and understand these terms and conditions before using the website or any of our services. If you don’t agree, your remedy is to stop using The Chartist.
Unless otherwise specified, all of the terms and conditions applicable to our online services constitute the entire agreement between you and The Chartist with respect to our online services. We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated. Members will receive notice of updates.
Feedback, comments or complaints
If you have any questions, please contact us or call us on +61 7 5473 5743 during usual business hours.
[last updated May 2018]
No unlawful or prohibited use
As a condition of your use of our online services, you warrant that you will not use our online services for any purpose that is unlawful, or prohibited by these terms and conditions. You may not use our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party's use and enjoyment of our online services.
You expressly agree not to:
• decompile, reverse engineer, or try to copy or imitate our online services or underlying content
• use the online services for any purpose other than personal use
• hack into areas of our online services that are not intentionally made available to you
• use the website as a lead generation tool for the benefit of your own business
• engage in any internal or external spamming, or other similar actions
• engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions
Creating Your account
You agree to provide true and correct details when setting up your account. You acknowledge that The Chartist may require additional information from you to meet The Chartist’s compliance obligations.
You agree that you will not share your username and password with anyone. You acknowledge that you will take all reasonable steps to ensure that no other person is able to access your account.
You agree that we can contact you as and when needed to provide the services offered by The Chartist via the email address that you use to set up your account. You acknowledge that it is your responsibility to keep your contact details up to date.
The Chartist membership terms and conditions apply to all member accounts.
Our online services may contain links to other websites (Linked Sites). The Linked Sites are not under our control and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.
Copyright, Trademarks and other Intellectual Property
The Chartist owns the intellectual property rights in the contents of our online services, or has permission to use or display the material on our online services. You must not use, communicate, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of the content of our online services in whole or in part, except as expressly authorised by us.
Permission: You may access, download, or print material from the website for your personal use only. Commercial use of any sort, and sharing without prior permission, is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from our online services or any site accessible through our online services. `
Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the our online services content or our intellectual property.
Please see our membership terms for additional obligations applying to members.
If you believe that there is material on our online services that infringes third party intellectual property rights, please contact us with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from The Chartist website.
Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.
We use Australian based service providers for the hosting and back up of our online services.
We make efforts to maintain the security of our online services. We arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content.
Continuous accessibility to the website is dependent upon third party services. As a result, the website may be inaccessible from time to time.
We disclaim all liability for any computer virus or technological problems that were not intentionally caused by us or are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.
While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on our online services for any purpose, to the maximum extent permitted by applicable law, anything contained on our online services is provided "as is" without warranty or condition of any kind.
Referrals or introductions to their party services providers should not be taken as recommendations or endorsement by The Chartist. You still need to exercise your own judgment as to whether or not those products or services are right for you.
Anything available via our online services may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via our online services.
ALL MATERIAL AVAILABLE VIA OUR ONLINE SERVICES ARE PROVIDED FOR YOUR INFORMATION ONLY. YOU ACKNOWLEDGE AND AGREE THAT NO INFORMATION OR ADVICE PROVIDED BY US CONSTITUTES MEDICAL, LEGAL OR ACCOUNTING ADVICE OR CREATES A WARRANTY OF ANY KIND WITH RESPECT TO OUR ONLINE SERVICES. YOU ACKNOWLEDGE THAT YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
This disclaimer applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our online services or the services found on our online services.
Limitation of liability
We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of our online services in any way, subject to the requirements of Australian Corporations Law.
Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those products or services again, or to a refund equal to the total amount paid by you for the particular product or service that is the subject of your complaint, even if those products or services were provided to you without cost.
This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our online services.
To the extent that our act or omission (including negligent act or omission) has not contributed to the loss, you agree to indemnify and defend The Chartist from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
• your use of our online services
• your use of products or services included or advertised on our online services
• your breach of these terms and conditions.
This agreement is governed by the laws of Queensland and Australia. You agree to be subject to the jurisdiction of the courts of Queensland if there was a serious dispute between you and us.
You may provide notice to us through the contact us page or otherwise by email addressed to ‘The Manager, The Chartist’ and send to Trish Radge. We may provide notice to you via email or other electronic means.
You agree that The Chartist is an independent supplier of products and services only and that no joint venture, partnership, employment, or agency relationship exists between you and The Chartist as a result of this agreement or your use of our online services.
Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our online services, or with regard to information provided to or gathered by us with respect to your use.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.
Membership Terms and Conditions
[last updated September 2018]
BY BECOMING A MEMBER OF THE CHARTIST YOU ACCEPT AND AGREE TO ALL THE CHARTIST TERMS AND CONDITIONS. [link to The Chartist Terms and Conditions]. The Chartist is intended for use by persons over the age of 18 years.
The Chartist provides members with access to information about trading strategies. The Chartist does not place any trades for you. As a member you will have access (consistent with your level of membership) to:
• An ASIC licenced financial services provider AFSL 288200 (since 2005)
• A team with more than 30 years’ experience
• Courses and education about trading, trading systems and chart analysis
• Industry leading trading strategies and research
• Purpose built portfolio tracking software exclusive to The Chartist members
• Online community forum to share ideas, ask questions and connect with other traders
• Member-only educational webinars on a variety of topics
• Fast and responsive support from the owners of the business so that you never get stuck
• Calculators to assist in estimating position sizes
How it works
Choose a membership subscription level that suits you. The Chartist currently offers:
• Annual membership to The Chartist Power Setups®
• Annual membership to The Chartist Growth Portfolio
• Annual membership to The Chartist US Momentum
• Annual or monthly membership to Chartist Pro
• 14 day trial of Chartist Pro that rolls over into monthly subscription
You must read the User Guide and FAQs for each subscription product you use. It is also recommended that you read the information about risk management provided for each subscription product.
The Chartist is not a broker and does not facilitate the placing of trades. If you plan to use the information available from The Chartist to trade you will need to establish your own trading account. We may provide you with the contact details for one or more brokers we have worked with. Any relationship you start with that broker is solely your responsibility.
The Chartist does not provide data or analysis of every available stock. Information is provided only in respect of the strategies followed by The Chartist as any given point in time.
Your Licence to use The Chartist
The Chartist has invested significant time and money into developing the online services, which you acknowledge have commercial value to The Chartist.
When you become a member of The Chartist you purchase a licence to use The Chartist products and services available on the level of membership purchased by you. This does not provide you with ownership of any of the information made available by The Chartist. The Chartist retains all intellectual property rights in the systems and information made available by The Chartist. Please see our terms about Copyright, Trademarks and other Intellectual Property.
As part of your The Chartist membership you will gain access to confidential information, including 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 online services or the business operations of The Chartist.
The Chartist grants to you a non-transferable license to use The Chartist online services (including intellectual property and confidential information) for your own personal use and for no other purpose.
You must not distribute or make The Chartist online services available over a network where it could be used by multiple devices at the same time. You must take reasonable precautions to maintain the confidentiality of and to prevent the disclosure or use of The Chartist confidential information.
You must not rent, lease, lend, sell, redistribute or sublicense your access to The Chartist or any information made available to you by The Chartist.
You must not copy (except as expressly permitted by this license) decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of The Chartist materials, any updates, or any part thereof. Any attempt to do so is a violation of the rights of The Chartist. If you breach this restriction, you may be subject to prosecution and damages.
Termination of Access
This license is effective until terminated by you or The Chartist. Upon termination your access to The Chartist will end, including XL Automation software and any other services provided.
The Chartist reserves the right to change, suspend, remove, or disable access to your membership at any time without notice where it has formed the opinion that you have failed to comply with the terms and conditions. In no event will The Chartist be liable for the removal of or disabling of your access to any The Chartist membership. The Chartist may give notice that it will impose limits on the use of or access to certain online services, without liability.
Your rights under this license will terminate automatically at the end of your subscription period without notice from The Chartist if you cancel your membership. Upon termination of the license, you must stop using The Chartist and destroy all copies, full or partial, of The Chartist material.
Your responsibility as a member
You agree to keep your username and password secure and not to share access to The Chartist membership or materials with anyone who does not hold the same level of membership as you.
You agree that The Chartist and other The Chartist members are not responsible for any success or failure that you may have as a result of your access to or use of The Chartist materials and you agree not to hold The Chartist, and other The Chartist members liable or accountable in any way for the results you achieve.
You acknowledge that The Chartist is not qualified to provide legal, tax or accounting advice and the information provided to you by The Chartist is not intended as such. You agree to refer all of your specific legal, tax, accounting or financially related enquiries to appropriately qualified professionals.
You acknowledge that you have read and agree with the Risk Disclosure Statement and Performance Disclaimer.
You release The Chartist forever from all and any responsibility or liability for any losses claims or demands that may directly or indirectly occur as a result of you using the information obtained through The Chartist for any investment or other purposes, to the fullest extent permissible by law.
The Chartist Education Forum
You agree not to use The Chartist in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party. The Chartist is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using The Chartist.
The Chartist may terminate your access to the forum without notice if you behave in a way that, in the sole opinion of The Chartist, detrimentally affects or may detrimentally affect the experience of any user of the The Chartist forum.
You warrant that you hold the necessary rights and interests to use any material you add to The Chartist (your content) and that all of your content does not infringe any third party intellectual property rights, including copyright and trade mark rights.
By submitting your content to The Chartist you irrevocably grant The Chartist a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content. You indemnify The Chartist against any claims made for breach of intellectual property rights in respect of your content.
At our sole discretion we may remove or disable your content if we believe your content to be in violation of our terms and conditions. We are not obligated to return any of your content to you under any circumstances.
You acknowledge that any confidential information shared by you is done so at your own risk, and you release The Chartist from any liability for loss or damage suffered by you are a result of sharing your confidential information.
Payments and Refunds
[Last updated September 2018]
Payment can be made by PayPal, direct deposit or credit card. All prices are listed inclusive of applicable GST. Payment is made in advance.
Membership renewal will occur automatically. You authorise The Chartist to debit your account on the monthly or annual cost of your chosen membership (as applicable) on the monthly or annual anniversary of the date you joined The Chartist. If payment is declined, your access to The Chartist will be suspended until your payment has been updated.
You will receive notice of any changes in membership fees and provided the opportunity to cancel your membership before those fees come into effect.
You can cancel your membership here at any time. Once you cancel your membership, your access to The Chartist will continue until your membership expires.
We've put a great deal of work into creating a fantastic product for you to use and all of the value in The Chartist resources is available to you as soon as you login. During the 2-week trial period you can review our material to work out whether or not our content is right for you. You have that time to make a clear decision as to whether or not you are going to proceed.
If you continue with us after the 2-week trial, you're in! It is then up to you to make the best use of our material. If you chose not to do anything from that time forward, for whatever reason, that is your choice. We're happy to support people using our material. We don't provide refunds simply because your circumstances have changed or you change your mind.
You can cancel your membership here at any time. No refund on monthly memberships.
You may request a refund on your annual membership if your request is received within 30 days of your first membership payment. The amount refunded will be the annual fee less an administration fee of $120. (eg. $1320 less $120 = refund of $1200 for the Chartist Pro.)
[last updated May 2018]
When we talk about 'us', we mean the entity and website detailed in the Schedule, we are the operator of this website. When we talk about 'you', we mean the person using this website or services of this website.
'Personal data' or 'personal information' is information that directly identifies you, such as your name and email address, or data that could be used on its own or in combination with other data to identify you.
It is very important to us to be clear about what data we collect, why we collect it, how we use it and that we comply with applicable privacy and data protection laws.
You can browse our webpages anonymously, although cookies may be collected. However, if you would like to take advantage of our services, including our 2 week trial membership, you will need to identify yourself to us and at that point we will collect your personal information.
Collection and Use of Data
At all times we try to only collect the information we need for the particular service we are providing. The main way we collect personal information is when you give it to us, or explicitly consent for it to be given to us. This generally occurs:
• when you contact us
• when you complete an online enquiry or request for information
• when you subscribe to our newsletter
• when you participate in a promotion offered by The Chartist
• when you submit an order through our online services
• when you subscribe to a trial or full membership with The Chartist
• when you ask for access to information we hold about you.
We collect and process the minimum amount of information to deliver our services to you and to meet our legal requirements under applicable financial services laws. This may include collecting sensitive personal information. This information includes:
• your first, middle and last name
• your email address
• your phone number
• your residential and postal address
• your gender, age and birthdate
• your driver’s license number
• your level of trading skill
• your approximate trading account value (within a dollar range)
You agree that, for compliance purposes, we may retain any of your personal information for a period of seven years, although we are not obliged to do so.
We may share your personal information when required to do so by law or with our professional advisers to obtain advice or to meet our accounting or compliance obligations.
Collection of Data of Minors
We do not intend to collect the personal data of persons under the age of 13. If you are the guardian of a minor and suspect they may have provided us with their personal information, please contact us and request to have the minor’s personal information destroyed (use the contact information in the schedule below).
The Chartist information partners
We are not brokers however we recoginse you may need one. We may give your name and contact information to third party brokers who may contact you to provide information about their services. If you are contacted by a broker, you do not need to use their services. The legal basis we have for processing your information in this manner is your consent.
To enable us to offer to our members (depending on level of subscription) access to XL Automation Share Trade Tracker software (XL), we provide your first and last name and email address to XL. The legal basis we have for this processing is the performance of our agreement to provide this service.
If you provide us with a testimonial, you give us your consent for the use of your first name and at least the first initial of your surname, your state and the year of service delivery to be displayed on our online services or in our other marketing material, together with the content of the testimonial that you provide. You authorise us to edit your testimonial for length or grammar, but not to change the meaning of what you have said. We may retain and use this information for it’s intended purpose so long as we offer the same type of services.
Social Networking Services and links to other websites
We may provide links to other websites or if you choose to interact with us on social networking sites (Facebook, Twitter. Google+, Linkedin, Instagram), we may receive information about you. We may process this data as a legitimate business interest to properly administer our business and website and communications with users. Those websites have their own privacy policies and will also handle your personal information for their own purposes.
We use a range of tools provided by third parties including search engine browsers and our web hosting company, to collect or view App, social media or website traffic information. These sites have their own privacy policies. We also may also use pixels, cookies and session cookies. We use these technical and functional cookies to do tasks such as to identify you when you visit our site, manage your log in, remember your preferences, for security purposes, for advertising, for analysis, to manage your sessions on our website and to improve your experience when accessing our online services.
Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. Some website features may not function properly without cookies.
The information collected by these tools may include the IP address of the device you are using and information about sites that IP address has come from, the pages accessed on our site and the next site visited. We use the information, as a legitimate business interest, to help to track your use of our online services to improve your user experience and the quality of our services.
Using your ads settings https://www.google.com/settings/ads you can opt-out of Google Analytics for Display Advertising and customize what Google Display Network ads you view. Click https://tools.google.com/dlpage/gaoptout/ to view Google Analytics’ currently available opt-outs for the web. To find out how to opt out of tailored advertising please check the options available here http://www.networkadvertising.org/choices/.
Consent to Use of Data
You agree that The Chartist may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals (using cookies). This information may be gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to The Chartist. The Chartist may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Storage, Security and overseas recipients
We use Australian based service providers for the hosting and backup of our online services. We use Managed VPS (Virtual Private Server) hosted by Netregistry. These sites have their own privacy statement detailing how they store your personal information.
We use Ontraport customer relationship management system which is a cloud-based service hosted in Santa Barbara in the United States. This means your personal information will cross Country boarders and is stored overseas in a jurisdiction that may have different privacy laws to where you live (although it is only accessed by us and our contractors and employees in Australia). By agreeing to this policy, you agree to such a transfer.
We are committed to ensuring your information is secure. To prevent unauthorised access or disclosure, we use firewall, other electronic security procedures and managerial processes to safeguard your information. Our internal processes may include risk assessment for mis-use, interference loss or unauthorised access, modification or disclosure of your information and background tracking and records of changes made to your personal information. While we do our best to ensure the security of your data, no storage is 100% secure and we cannot guarantee the safety of your data.
Data Rights - accessing and correcting your personal information
At your request, and upon production of satisfactory identification, we will tell you what personal data about you is being processed (eg. what information we have stored), on what basis, and by whom. If you decide your data should not be processed for one or more purposes, you may withdraw your consent from using your data in that way. Please note that we will action your request as soon as practically possible however such a request will not take effect immediately and your data may still be used in the meantime.
You may amend inaccurate, incomplete or outdated personal data at any time by applying directly to us using the contact information in the schedule below.
You may also request that all personal data we have collected about you be deleted from our records and erased from information stored by any third party organisations processing data on our behalf.
If data we have collected about you is processed using automated means, you have the right to receive that data in a structured, machine-readable format and to transmit it to another data controller without hindrance.
Please let us know if you have any requests, feedback or concerns regarding the way we manage your personal data. Use the contact details listed in the below schedule. We will respond to you within 30 days and take action, within reason, as quickly as possible.
If you are not happy with how we manage your concerns, you can contact your local data protection supervisory office, which in Australia is the Office of the Australian Information Commissioner (www.OAIC.gov.au).
Changes to this Privacy Notice
Reef Capital Coaching Pty Limited ABN 24 092 309 978
Suite 1/21 Sleepy Hollow Drive, Noosa Heads QLD 4567
Ph +617 5473 5743
Our contact details:
If you have questions about your information we hold or how we use it, please contact us via email at:
RISK DISCLOSURE STATEMENT AND PERFORMANCE DISCLAIMER
[Last updated May 2016]
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR ONLINE SERVICES IS AT YOUR OWN RISK.
IT IS UP TO YOU TO MAKE THE DECISION WHETHER OR NOT TO TAKE A TRADE. We provide information which may help you to make that decision.
THE CHARTIST MATERIAL HAS BEEN PREPARED BASED ON INFORMATION BELIEVED TO BE ACCURATE AT THE TIME OF PUBLICATION. SUBSEQUENT CHANGES IN CIRCUMSTANCES MAY OCCUR AT ANY TIME AND MAY IMPACT THE ACCURACY OF THIS INFORMATION.
PAST RESULTS ARE NOT INDICATIVE OF FUTURE PERFORMANCE.
Information containing hypothetical or simulated results has limitations and may not represent actual trading. Since the trades have not actually been executed, the results may under or over-compensate for the impact (if any) of certain market factors, such as lack of liquidity. Simulated trading programs are generally designed with the benefit of hindsight and without the need to predict which way the market may turn. NO REPRESENTATION IS BEING MADE THAT ANY TRADING STRATEGY WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
THE RISK OF LOSS IN TRADING SECURITIES AND LEVERAGED INSTRUMENTS INCLUDING DERIVATIVES, (SUCH AS FUTURES, OPTIONS AND CONTRACTS FOR DIFFERENCE) CAN BE SUBSTANTIAL. You should carefully consider your objectives, financial situation, needs and any other relevant personal circumstances to determine whether trading is suitable for you.
THE HIGH DEGREE OF LEVERAGE (multiplying the value of your trade so it is worth more than you can pay for) THAT IS OFTEN OBTAINABLE IN FUTURES, OPTIONS AND CONTRACTS FOR DIFFERENCE TRADING CAN WORK AGAINST YOU AS WELL AS FOR YOU. THE USE OF LEVERAGE CAN LEAD TO LARGE LOSSES AS WELL AS GAINS.
This brief statement cannot disclose all of the risks and other significant aspects of securities and derivatives markets.
IT IS YOUR RESPONSIBILITY TO CONSULT YOUR FINANCIAL ADVISOR OR ACCOUNTANT TO DETERMINE WHETHER TRADING IN SECURITES AND DERIVATIVES PRODUCTS IS APPROPRIATE FOR YOU IN LIGHT OF YOUR FINANCIAL CIRCUMSTANCES.
PLEASE ACKNOWLEDGE YOUR UNDERSTANDING THAT TRADING INVOLVES RISK OF LOSS BY CLICKING ON THE BUTTON BELOW. YOU MAY THEN CONTINUE TO VIEW THE CHARTIST MATERIALS.