Consumer Protection Policy
TRADING IS NOT SUITABLE FOR EVERY INVESTOR – DO YOU QUALIFY?
As a duty to protect consumer interest and as part of The Binary Options Experts Consumer Protection Policy, you must acknowledge the following criteria to qualify to join an of The Binary Options Experts trader programs.
Before deciding to invest in binary options, forex, futures or derivatives, you should carefully consider your investment objectives, level of experience and risk tolerance. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with derivatives trading and seek advice from an independent financial advisor if you have any doubts.
1. I understand and acknowledge that by enrolling in a Binary Options Experts financial education plan my success is NOT guaranteed.
2. I understand that to be a successful trader I must take a long-term view of the investment, and as such, I acknowledge I am prepared to invest both my time and money for 36 to 60 months in order to become a successful trader.
3. I understand and acknowledge this is NOT a get-rich-quick strategy and I am not guaranteed results or entitled to a refund.
4. I understand and acknowledge that to be successful I must adopt the psychology and behaviour of a disciplined, unemotional trader and I must be committed to educating myself on the program.
5. I understand and acknowledge that the past performance of any trading system or methodology is not indicative of future results and I am prepared to accept full responsibility for my trading decisions whether placed by me or on my behalf.
6. I acknowledge that I earn a minimum of $30,000 per annum or have at least $50,000 in cash or equity available to me.
7. I acknowledge that I have alternate sources of income whilst learning how to trade successfully, and that I have sufficient capital so as not to rely solely on trading income in the short term.
8. I understand and acknowledge that I need to invest at least $5,000 to $10,000 into a trading platform to be successful.
9. I acknowledge that this represents the extent of information given to me.
10. I understand and acknowledge that if a payment schedule has been arranged and I do not adhere to said schedule, I will forfeit all rights of continuance.
The Binary Options Experts Earnings Notice and Disclaimer:
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT INFORMATION AND ITS POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHEQUES IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY FROM THE TECHNIQUES AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING OUR PRODUCT, IDEAS AND TECHNIQUES. WHILST THERE IS NO ADVANTAGE IN GETTING RICH SLOW, WE DO NOT PURPORT THIS AS A “GET RICH QUICK” SCHEME.
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS CAN BE VERIFIED ON REQUEST. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCT SERVICES AND OUR WEBSITES MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE SUCH WORDS AS ‘ANTICIPATE,’ ‘ESTIMATE,’ ‘EXPECT,’ ‘PROJECT,’ ‘INTEND,’ ‘PLAN,’ ‘BELIEVE’ AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD-LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYONE ELSE’S, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES OR MATERIAL.
This should be read in conjunction with our Terms and Conditions.
Copyright 2012 The Binary Options Experts (a subsidiary of Pipeline Profit Systems Corp)
Terms and Conditions:
GENERAL ADVICE WARNING
The contents of this product have been prepared without taking account of your objectives, financial situation or needs. Because of that you should, before taking any action to acquire any of the educational products mentioned, consider whether the product is appropriate having regard to your own objectives, financial situation and needs.
You should obtain your own independent professional advice relating to the relevant financial products mentioned in this product (which contains full details of the terms and conditions of the relevant educational product) and consider it before making any decision about whether to acquire the educational product.
TERMS AND CONDITIONS
1. Default & Consequences of Default
1.1 If you default in payment of any invoice when due, you shall indemnify The Binary Options Experts from and against all costs and disbursements incurred by The Binary Options Experts in pursuing the debt including legal costs on a solicitor and own client basis and The Binary Options Experts’ collection agency costs.
1.2 Without prejudice to any other remedies The Binary Options Experts may have, if at any time you are in breach of any obligation (including those relating to payment), The Binary Options Experts may suspend or terminate the supply of products to you and any of its other obligations under the terms and conditions. The Binary Options Experts will not be liable to you for any loss or damage you suffer because The Binary Options Experts has exercised its rights under this clause.
1.3 Without prejudice to The Binary Options Experts’ other remedies at law, The Binary Options Experts shall be entitled to cancel all or any part of any order or membership of yours which remains unfulfilled and all amounts owing to The Binary Options Experts shall, whether or not due for payment, become immediately payable in the event that:
(a) Any money payable to The Binary Options Experts becomes overdue, or in The Binary Options Experts’ opinion you will be unable to meet its payments as they fall due; or
(b) You being an individual become bankrupt, convene a meeting with your creditors or propose or enter into an arrangement with creditors, or make an assignment for the benefit of your creditors or being a company become insolvent, convene a meeting with its creditors or makes an assignment for the benefit of its creditors; or
(c) A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of you or any asset of yours.
1.4 A dishonor fee of $30 is applicable for every attempt made by The Binary Options Experts to collect funds due, when a total monthly payment or any other amount due under your contract is unable to be processed (this includes but is not limited to, defaults on a payment due to insufficient funds in your nominated bank account, a declined credit card transaction or for those customers who default in their direct debit payments).
1.5 A payment deferral fee of $35 is applicable, where The Binary Options Experts agrees to defer a total monthly payment or any other amount due under the agreement upon written request from a client.
1.6 Dishonor fees are payable immediately upon the dishonor. A payment deferral fee is payable at the same time as the deferred payment is due.
1.7 If any amounts are outstanding your membership may be suspended until you are no longer in default with payment
2. Permission to use testimonials
If a Member provides a testimonial about The Binary Options Experts or one of our Speakers, The Binary Options Experts may use the testimonial, in part or whole, to promote The Binary Options Experts or the Speaker in any format or medium at any time.
3. Insurance Disclaimer
The insurance is limited to the replacement of the product only. The insured is responsible for the cost of postage of the replacement product. The Binary Options Experts will not be responsible for any loss associated with non-delivery of the original product.
4. The Binary Options Experts Membership Terms and Conditions / Refund and Cancellation Policy:
4.1 “Seminars Only” come with either a limited 30 days, 100% Money Back Guarantee for clients in Australia, (Clients outside of this country are not entitled to a refund/cancellation of membership (“cancellation”).
The 30-day refund/cancellation is subject to the following conditions:
4.2 The Seminar refund procedure is to:
a) Inform Seminar support staff that you wish to refund/cancel by the evening dinner break of the first day and that you will not complete the Seminar. You will then meet with a Customer Service Representative at the event to ascertain your reasons for the refund/cancellation and at the end of your meeting you will be asked to complete a Refund Request Form to confirm your request or;
b) If you attend the full seminar and therefore receive the full benefits of the Membership the refund option will be voided even if you are within the 30-day refund period.
4.3 Once your refund is approved by management, you will be posted a Refund Return Form. You will need to fill out this form and return it with the complete package within 14 days. If the pack is not returned in a saleable condition or has been copied, then the refund guarantee is voided. Once the refund has been approved and the package returned you will receive your refund within 30 days of us receiving the package and paperwork back.
4.4 If you receive a refund, you are not entitled to use any of the contacts or intellectual property from the package as they are only provided to The Binary Options Experts Members.
4.5 If you purchase a seminar and apply for a refund/cancellation, any future programs purchased become non-refundable
a) You must send a letter stating why you would like a refund along with a copy of photo identification to: Attention: Refunds. The Binary Options Experts. P.O Box 301 Southport BC, Southport. QLD, Australia, 4215
b) See condition 4.3.
c) Conditions 4.4 and 4.5 are also applicable
5. Reporting Agency
The total balance of all areas may be out-sourced to a mercantile agent in the event of monthly repayments being defaulted upon. Administration fees are applicable and all defaults will be reported to Veda/ Baycorp Advantage.
6. Privacy Act 1988
6.1 You and/or the Guarantor/s agree for The Binary Options Experts to obtain from a credit reporting agency a credit report containing personal credit information about you and Guarantor/s in relation to credit provided by The Binary Options Experts.
6.2 You and/or the Guarantor/s agree that The Binary Options Experts may exchange information about you and the Guarantor/s with those credit providers either named as trade referees by you or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) To assess an application by you; and/or
(b) To notify other credit providers of a default by you; and/or
(c) To exchange information with other credit providers as to the status of this credit account, where you are in default with other credit providers; and/or
(d) To assess the credit worthiness of you and/or Guarantor/s.
6.3 You consent to The Binary Options Experts being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
6.4 You agree that personal credit information provided may be used and retained by The Binary Options Experts for the following purposes and for other purposes as shall be agreed between you and The Binary Options Experts or required by law from time to time:
(a) Provision of products; and/or
(b) Marketing of products by The Binary Options Experts, its agents or distributors in relation to the products; and/or
(c) Analyzing, verifying and/or checking your credit, payment and/or status in relation to provision of products; and/or
(d) Processing of any payment instructions, direct debit facilities and/or credit facilities requested by you, which includes contacting any alternate/emergency contacts provided if you are unreachable; and/or
(e) Enabling the daily operation of your account and/or the collection of amounts outstanding in your account in relation to the products.
6.5 The Binary Options Experts may give information about you to a credit-reporting agency for the following purposes:
(a) To obtain a consumer credit report about you; and/or
(b) Allow the credit-reporting agency to create or maintain a credit information file containing information about you.
Attendance at any seminar does not include airfares, accommodation or meal expenses.
A $65 Postage and Handling fee is payable for all orders and is non-refundable. You will also have to pay for your own postage if returning a course.
9.1 This material is made available on the understanding that The Binary Options Experts are not engaged in providing any financial advice.
9.2 Information on this product is maintained by the people and organizations it relates to. Before relying on the material, users should independently verify its accuracy, currency, completeness and relevance for their purposes, and should obtain any appropriate professional advice.
9.3 The material may include views or recommendations of third parties, which do not necessarily reflect the views of The Binary Options Experts, or indicate its commitment to a particular course of action.
9.4 Links to other websites/products are inserted for convenience and do not constitute endorsement of material at those sites, or any associated organization, product or service.
9.5 The listing of a person or company in any part of this product in no way implies any form of endorsement by The Binary Options Experts of the products or services provided by that person or company.
9.6 To the extent permitted by law, The Binary Options Experts and its respective directors, officers, employees, contractors and agents disclaim all responsibility to you for any loss, liability, claim, expense (including but not limited to legal costs and defense or settlement costs) or damage whatsoever, whether consequential, special, incidental or indirect (including but not limited to loss of profits, trading losses and damages that result from delay, loss or inconvenience) arising out of or in connection with the content on the product and/or any omissions from the content whether in contract, tort (including negligence), statute or otherwise and even if The Binary Options Experts has been advised of the possibility of such damage or loss.
10.1 Nothing contained in this agreement excludes, restricts or modifies any rights you have under the Trade Practices Act and Fair Trading Laws, which cannot be lawfully excluded or limited. For example, your rights include an assurance from us that any services provided are provided with due care and skill and that any materials supplied in connection with those services are reasonably fit for their purpose and that any goods supplied are of merchantable quality. Other than as referred to above or expressly stated in this agreement, The Binary Options Experts do not make any promises or warranties, whether express or implied, about the services or any of our products.
10.2 Subject to clause 10.1 above, in the event that The Binary Options Experts and its respective directors, officers, employees, contractors and agents is liable to any seminar attendee or his/her employer then The Binary Options Experts and its respective directors, officers, employees, contractors and agent’s total liability whatsoever (including in negligence) is limited to a maximum amount of $200 in respect of each such attendee, Member and purchaser
11. Intellectual Property
You acknowledge and agree that materials provided to you contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by The Binary Options Experts, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the materials, in whole or in part.
12. Non Solicitation
You must not solicit, poach, canvass or approach other attendees/members of The Binary Options Experts seminars for any purpose that is competitive with the business of The Binary Options Experts.
13 Legally Binding
This is a legally binding contract. By signing or otherwise affirming your assent, you acknowledge that you have read, accepted and agreed to be bound by these terms and conditions.
14. Variation of terms
If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.
16. Entire Agreement
This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof.
17. Governing law
The agreement shall be governed and construed in all respects in accordance with the laws of Queensland.
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