Terms of Service

Please read this carefully
January 23rd 2006
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FINANCIAL FREEDOM INSTITUTE (FFI). PLEASE READ THIS AGREEMENT CAREFULLY.

By using this website (that is, any site operated by Financial Freedom Institute and associates) or by downloading or copying any part thereof or by purchasing any product and/or service, you agree to be bound by the TERMS OF SERVICE of this agreement. If you do not understand and agree with the TERMS OF SERVICE, then you must not use, purchase or copy the website or any parts or aspects thereof.

By accessing and using this website and by purchasing any product and/or service, you are agreeing to be legally bound by the PRIVACY POLICY, DISCLAIMER and this TERMS OF SERVICE. You should therefore also read the privacy policy and disclaimer before using this website.

FFI and associates may update the TERMS OF SERVICE from time to time without any notice to you. The current TERMS OF SERVICE may be viewed at any time at this web page and you understand that it is your sole responsibility to ensure that you check for TERMS OF SERVICE updates in this section.

If you use the website after this agreement has been updated, you agree to be bound by the TERMS OF SERVICE of the updated agreement.
If you do not understand any of this TERMS OF SERVICE, you should seek clarification from the respective Financial Freedom Institute (FFI) Member and your solicitor BEFORE you accept. Unless agreed in writing by Financial Freedom Institute’s Chief Executive Officer, any terms and conditions proposed by you that are in addition to or which modify or conflict with the TERMS OF SERVICE are expressly rejected by Financial Freedom Institute (FFI) and associates and shall be of no force or effect. You confirm and accept that this agreement is by and between Financial Freedom Institute (FFI) and associates and you as a subscriber, member and/or user of our services.
Sections
• Definitions
• Interpretation
• Ownership and License
• Trademarks
• Permitted Uses
• Prohibited Uses
• General Advice
• Limited Warranty
• Indemnity
• Modification
• Transmission of Payment Card
• Registration
• Privacy
• Disclaimer
• Market Data Suppliers
• Third Party Advertising and Links
• Other Provisions

Definitions

Unless the context requires otherwise, Financial Freedom Institute (FFI) and associates shall be referred to as "FFI, us, we, or our" and you shall be referred to as "you, your, user, graduate, guest member or subscriber."
The "content" and/or “material” refers to all information, data or material presented at the website, or via email and includes, but is not limited to, newsletters, prices, quotations, news articles, charts and quotes, photographs, images, illustrations, audio and video clips.
The "services" refers to the website and content, as well as, but not limited, workshop, phone and email support collectively.
The “product” refers and is limited to the individual sale of MSMI DVD series, MSMI Audio CD Series, Customised Trading Software, Trading Register, Flow Charts, ASX Historical Software, OTrader Software, 101 Affirmations and Limited Edition Science of Getting Rich book.
The “program” refers to the Mastery of Stock Market Intelligence (MSMI) Educational Program.
"FFI" refers to Financial Freedom Institute and associates.
"FFI and associates" refers to FFI and its subsidiaries, agents, licensors, data suppliers and licensees, and the directors, officers, subcontractors and employees of these parties.
The "website" refers to the FFI web sites, located at www.ffi.com.au, at www.ffi.co.nz, at www.wealthsuperhighway.com, at www.scienceofgettingrich.com.au, at www.thescienceofgettingrich.com.au, and includes any content presented at the web site/s, any modifications to the web site/s or any new features that augment or enhance or change the then current web site/s or any part thereof.
Interpretation
1. Words in the singular include the plural and vice versa;
2. Words imparting a gender include any other gender;
3. A reference to a person includes bodies corporate and unincorporated associations and partnerships; and
4. A reference to dollars means Australian dollars (AUD).

Ownership and License

This TERMS OF SERVICE agreement grants you only a license to use the services for personal use. Title, ownership and intellectual property rights shall remain with FFI. Your rights to use the services are specified in this Agreement and we retain all rights not expressly granted to you in this Agreement including, but not limited to, rights reserved to us or protected by patent, copyright, trade secret laws and international treaty provisions. The license granted hereunder shall not be construed to confer any rights upon you by implication, estoppel or otherwise as to the services not specifically set forth herein. Nothing in this Agreement constitutes a waiver of our rights under patent or copyright laws in any other state, territory, national, federal or international laws.

Trademarks

"Financial Freedom Institute", "Mastery of Stock Market Intelligence”, "Tax Intelligence", “Tax Intelligence of the Rich”, "Tax Intelligence Solutions", “Global Wealth Strategies For The New Millennium”, “Global Wealth Software for The New Millennium” and "Tech Talk 101" are all trademarks or registered trademarks of FFI.
All other product names and services mentioned are trademarks or registered trademarks of their respective owners.

Permitted Uses
Subject to the TERMS OF SERVICE of this agreement, you are granted the following limited non-exclusive rights to use the services:

1. You may use one copy of the software installed on a single hard disk drive via a single terminal connected to a single computer CPU. You may not network the software or otherwise use it on any other computer CPU or terminal;
2. You may make one copy of the software solely for backup and archival purposes, provided that the original, whether on diskette or an electronic original, and each copy is kept in your possession and control, and provided you reproduce our copyright notice on the copy. You may not copy the documentation or other written materials included with or as part of the software;
3. You may retrieve and display content on a computer screen for your own personal use; and
4. You may print one copy of the content, or parts thereof, on paper, strictly for your own personal use.
Prohibited Uses
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the services, use of the services or any portion thereof, or access to the services or any portion thereof. Additionally, you may not, without written permission from us:
1. Use, copy, modify, merge, create derivative works of, transfer copies of the services or any part thereof except as provided in this Agreement;
2. Use any backup or archival copies of the software or any information included as part of the software (or allow someone else to use such copies) for any purpose other than to replace the original copy in the event that the software or data is destroyed or becomes defective;
3. Disassemble, de-compile or "unlock", reverse translate, reverse engineer, or in any manner decode the software or any aspect of the software for any reason, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
4. Remove the trademark or copyright notices from any copies made of the services.
In addition to the foregoing, you acknowledge that FFI may establish general practices and limits concerning use and features of the services, including without limitation the maximum number of concurrent sessions you may have on one computer or individually among multiple computers, the maximum number of times (and the maximum duration for which) you may access the services in a given period of time, the maximum number of financial instruments or topics you may receive information on at any time and the frequency with which financial information is updated.
You acknowledge that FFI reserves the right to log off users that are inactive for an extended period of time. However; FFI will define "inactive" at it's sole discretion. You further acknowledge that FFI reserves the right to change these general practices and limits at any time, at its sole discretion, with or without notice.


General Advice

FFI services are provided for the general educational information of investors. The said services do not have regard to any particular person's investment objectives, financial situation or needs. The services must not be construed as advice to buy, sell, hold or otherwise deal with any securities or other investment classes. Accordingly, you will require further research to identify it's application to your specific requirements. The general educational information in the FFI services is referred to or provided by way of example only and is not intended to be nor is it accepted as specific investment recommendations or advice to you. You should act on the basis of services with first considering obtaining independent financial, investment and legal advice from a suitably qualified advisor. FFI do not provide legal, financial or other professional advice. Any investment decisions made by you, whether as a result of information obtained by the website or otherwise, should be undertaken only after careful consideration of all relevant facts or issues.

The services are prov ided to the FFI members and users "as is”. Neither FFI nor it’s associates will be liable to any member or user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the services or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting from the use of the website. You release absolutely FFI and associates from all or any responsibility or liability for any losses, claims or demands that may be incurred as a result of you using the information for investment or other purposes. FFI and associates expressly disclaim any liability arising from the use of this website and services provided.
The decision to invest or trade and the method selected is a personal decision and may involve an inherent level of risk. Although every effort will be made to explain the risks associated with the strategies, not all risks can or will be explained in any format. Prior to the execution of any security trade, you undertake to consult with your broker or financial advisor to verify all relevant information.


Limited Warranty

We make the following limited warranties for a period of fourteen (14) calendar days from the date of initial purchase of the product from us:

1. The product will be free from manufacturing defects under normal use. Refunds are NOT available unless the product can not be replaced due stock availability. If a product is faulty or damaged, the said product must be returned to our office within fourteen (14) calendar days from the date of initial purchase. Financial Freedom Institute will gladly replace it with another copy or an equivalent, pending availability of stock. Goods are to be forwarded by registered or certified post ONLY, at your own expense, as FFI accepts no responsibility for goods lost in transit.

2. The product will materially conform to the documentation that accompanies it.

We make the following limited warranties for a period of thirty (30) calendar days from the date of initial purchase of the program from us:

1. If for any reason you decide that the Mastery of Stock Market Intelligence™ Educational Program is not suitable for your needs, you have no more than thirty (30) calendar days from the date of initial purchase in which to advise Financial Freedom Institute (FFI) and forward the goods by registered or certified post ONLY, at your own expense. You must ensure that the returned program is received by us within ten (10) calendar days from your written request confirmation to be eligible for a refund, otherwise your refund is null and void. FFI accepts no responsibility for goods lost or damaged in transit. Returned FFI materials must be received in an intact and re-saleable condition. Quality Assurance on returned materials will be conducted by FFI within seven (7) calendar days of receipt of goods. On the remote chance that returned goods are received in a non-saleable condition, AUD $695 and any postage and handling charges will be forfeited and the balance (if any) will be refunded to you. Applications for refunds will be approved only when goods comply with FFI’s Quality Assurance. Refund payment for approved returned program less an AUD $299 administration fee and any postage and handling charges will be forfeited, and the balance (if any) will be refunded to you. The "worst case scenario" FREE GIFTS valued at AUD $1,387 are yours to keep.

2. You realise that you must give at least fourteen (14) calendar days notice for any adjustments to your payment option. You accept this agreement to be fully legally binding, as cancellation of your payment arrangements are not acceptable under any circumstances.

3. It is fully comprehended that by having payments payable via interest component instalments, you will honour all payments due under this agreement, otherwise all forms of the support system provided will be cancelled automatically without prior notification and a 10% pa compounding interest on all late payments will be incurred until they are paid in full. All payments will be allocated as Legal costs owing, if any; then Interest owing, if any; then Arrears owing, if any; then Current instalment owing. Late payments may be subject to legal action without further notice.

4. You agree that FFI may continue to seek or give consumer credit information relating to your credit worthiness and relating to the collection of overdue payments.

FFI do not warrant that the services, product and/or program will meet your requirements and that their operation will be uninterrupted or error free. Except for the express limited warranty set forth in this section, the services are licensed "as is". FFI make no representations and extend no warranties of any kind. FFI disclaims all other warranties (either express or implied) including, but not limited to, the warranties of merchantability, fitness for a particular purpose and non-infringement.

Indemnity
You agree to indemnify and hold FFI and associates or it's agents harmless from all or any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the services in any way, your connection to the services, your violation of the terms of this agreement, your violation of any rights of another, or for any delay or failure to perform FFI’s obligations to you if such delays are due to Force Majeure.

Modification
FFI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof including your license to use the services) with or without notice. You agree that FFI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services or any part thereof. Unless explicitly stated otherwise, any modifications to the services or any new features that augment or enhance or change the then current services or any part thereof and new web sites released as part of the services, shall be subject to the terms of this agreement.

The term of this license shall be in force unless terminated exclusively by FFI. In addition, this license and your rights to use the services will automatically terminate if you fail to comply with any provisions of this TERMS OF SERVICE Agreement. If your subscription or membership requires continuing payments or renewal fees, this license and your rights to use the services will terminate upon non-payment of the aforementioned payments or fees, without a requirement of notice of termination. Upon termination, you will destroy all copies of the software and content and any other elements of the software or content in your possession or under your control. If you have complied with the terms of this Agreement and you have paid a subscription or membership fee, for a license to use all or part of the services, and the license is terminated by FFI, FFI will make a pro rata refund in respect of the unexpired portion of the subscription or membership period or extend the time frame of your subscription to reflect the unexpired portion. The decision to refund or extend the subscription period as stated above will be at the sole discretion of FFI.

FFI reserves the right at any time to charge fees for use or access to portions of the service or the services as a whole. If at any time FFI requires a fee for portions of the services that are now free (e.g. a subscription fee), FFI will give users advance notice of such fees and the opportunity to cancel access to the services before such charges are imposed. All new fees, if any, will be posted in appropriate locations on the website.

There are no export restrictions for the services made available to our clients outside of Australia with the exception of Workshop Summits, Program Review and DVD Player. Delivery of any product or program will be met by utilising the services of a courier service provider. The delivery time frame varies according, to destination and service provider. Each product and program is registered with a delivery confirmation and tracking system in place. If you require specific information that pertains to your destination, delivery status or timeframe, email freedom@ffi.com.au

Transmission of Payment Card
Financial Freedom Institute uses Securepay’s Internet Payment Gateway to provide a secure environment for the authorisation of credit card transactions over the Internet. Confidential information, including client credit card details, are encrypted the moment they are transmitted from the client's browser to the banking network using industry standard SSL 128-bit RC4 encryption technology.

A client's credit card details are not stored anywhere on the Internet and the only company who has access to this data is the merchant's bank. The bank also sends confirmation information via the same encryption technology back to the client's browser. These secure processes provide clients with peace of mind when purchasing online. For further information, please view www.securepay.com.au

Registration
In consideration of your use of the services or any part thereof, you agree to:
1. Provide true, accurate, current and complete registration data;
2. Maintain and promptly update the registration data to keep it true, accurate, current and complete; and
3. Be a willing recipient and to have opted in to receive reasonable emails or other correspondence from FFI.
If you provide any information that is untrue, inaccurate, not current or incomplete, or FFI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FFI has the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof). You may receive a password and account name or other designation as part of your registration for all or part of the services. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
1. Immediately notify FFI of any unauthorized use of your password or account or any other breach of security, and
2. Ensure that you exit from your account at the end of each session.
FFI and its associates cannot and will not be liable for any loss or damage arising from your failure to comply with the TERMS OF SERVICE in this agreement.

Privacy
This Agreement is governed by and hereby incorporates by reference the FFI privacy policy.

Disclaimer
This Agreement is governed by and hereby incorporates by reference the FFI disclaimer.

Market Data Suppliers
Financial market information provided on this website as part of the content may be supplied by third parties. Use of this information is governed by the Market Data Suppliers Terms which can be viewed at each given website and these terms are hereby incorporated by reference into this agreement. FFI may hold shares in the companies presented and may be entitled to commissions on certain products. FFI may pay commissions of fees to third parties or agents who have either assisted with sales, customer acquisition and consultation.

Third Party Advertising and Links
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that FFI shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.
The services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because FFI have no control over such sites and resources, you acknowledge and agree that FFI is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any information, content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that FFI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such information, content, products or services available on or through any such site or resource.

Other Provisions
This Agreement will be governed by and construed in accordance with the laws of the State of Victoria, Australia.
Should you have a complaint regarding the service please advise us so we have the opportunity to expedite and resolve the dispute for a satisfactory outcome. We will investigate the complaint and answer your concerns in order to regain your confidence. All information is treated with confidentiality and unless authorized to do so, will not be relayed to any external parties, unless required to by law.

To assist us in helping you, it would be appreciated if the following steps could be followed when making the complaint:
1. Gather all documents that support the complaint
2. Make the complaint in writing, setting out adequate details of the complaint and include copies of the supporting documentation
3. Lodge the complaint via either of the following means:
• by sending an email to: disputeofficer@ffi.com.au
• by writing a letter to:

Financial Freedom Institute
ATTN: Dispute Officer
PO Box 2120
HAWTHORN VIC AUSTRALIA 3122

If the complaint is not satisfactorily dealt with by us, you may refer the enquiry or complaint to an alternative dispute resolution scheme within the state of Victoria, Australia. The parties irrevocably agree that the courts of Victoria shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute that may arise out of, under, or in connection with this Agreement or the legal relationship established thereby, and for those purposes irrevocably submit all disputes to the jurisdiction of the courts of the State of Victoria, Australia.
For the exclusive benefit of FFI, FFI retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where this Agreement is entered into in the course of your trade or profession, the country of your principal place of business.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Computer records stored in reasonably secure conditions on the computer system of either party shall be accepted as evidence of communication, license agreement and payments made between the parties. The subject headings of the articles and sections are for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of this TERMS OF SERVICE agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This is the entire agreement between us relating to the services and supersedes any prior (whether expressly written or implied) purchase orders, communications, advertising, or representations concerning the services. If any provision of this TERMS OF SERVICE agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services or any part thereof must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Except for updates to the agreement that are posted on the website, no change or modification of this agreement will be valid unless it is in writing and is signed by the managing director of FFI.

If you have any questions about this Agreement, email us at freedom@ffi.com.au or write to us at:
Financial Freedom Institute
P.O. Box 2120
HAWTHORN VICTORIA,
3122 AUSTRALIA