Terms and Conditions
When Do These Terms and Conditions Apply?
These terms and conditions (Terms) are a legally binding agreement between you or the organisation you represent (You, Your) and Financial Systems Pty Ltd (ACN 105 216 340), trading as Elliott Wave Options (Us, We, Our).
These Terms apply whenever you use, purchase or subscribe to a Service from us. These Terms also govern your use of that Service.
Your affirmative act of using one of our Services signifies that you agree to these Terms. If you do not agree, do not use our Services.
Receipt of your order (or our confirmation of your order) does not require us to supply the Service to you until we receive payment for the Service as described below in these Terms. You are responsible for correctly providing all requested order information.
Billing And Payment
Our subscription Services are billed in advance on a monthly, quarterly, semi-annually or annual.
We reserve the right to suspend or cancel delivery of any undelivered Service including subscriptions whilst any payments remain outstanding and you agree to forfeit any / all claims to payments already made.
Cancelling A Subscription
All subscription billing is recurring, which means you will continue to be charged periodically until you cancel your subscription. You are solely responsible for properly cancelling your Subscription. An email request or support ticket asking for your Subscription to be cancelled is not considered cancellation. You may cancel your subscription at any time by visiting the billing section of your account on our website.
If you cancel a subscription before the end of your current paid period, your subscription will remain active until the next due date. After the due date your subscription will be stopped and you will not be charged for any further Subscription periods.
If you take up our offer a free trial of one of our paid Subscription, we will automatically charge you for the paid Service at the end of the free trial period. If you don’t cancel your trial before it ends, you’ll automatically continue on a paid monthly Subscription after the trial. We do not offer refunds for automatic payments after the trial period, even if the Subscription is cancelled on the same day as the payment has gone through.
We will not provide refunds or credits for services billed monthly regardless of whether the account has been accessed by you or not.
We do not provide refunds for recurring monthly payments. If you have been billed for automatic monthly renewal of the Service, you can cancel the subscription to avoid billing for next months.
We do not provide refunds for educational Services. If you purchase a Service it is your sole responsibility to make sure that the order is correct before the payment is made.
We do not provide refunds for Events that you have already attended.
We do offer refunds for Events upon request prior to the publish cancelation period for each event. If for any reason you are no longer able to attend an Event that you have paid for, let us know before the cancellation period and we will provide a full refund.
We do offer refunds, upon request, for the unused portions of recurring quarterly, semi-annual and annual subscriptions. The refund is calculated on a pro-rata basis from the end of the calendar in which the refund request is received to the end of the period for which the subscription has been paid.
Event Content and Scheduling
We reserve the sole right to determine all Event content and scheduling and to cancel or reschedule or to change time or location of an Event. If an Event for which you have been enrolled is cancelled or rescheduled we will make every reasonable effort to accommodate your request for re-enrolment in another scheduled Event of similar or equivalent nature, but reserve the right to refund at our sole discretion.
If you are registered in an Event we undertake to give reasonable notice to you of any cancellation or rescheduling, provided however, under no circumstances will we be liable for any travel, accommodation or related expenses incurred by you as a result of any cancellation or rescheduling.
Minors and Special Needs
We will make every reasonable effort to accommodate minors and people with special needs who wish to attend our Events. Please contact us if you have any special requirements before your scheduled Events to enable us to cater for those needs. In any Event we reserve the right to refuse access to anyone that we, in our sole discretion, determine we cannot adequately cater for and still meet the needs of our other students.
Grant of Licence
We grant you a licence to use our Publications for your own personal non-commercial purposes.
You agree that you do not own, operate, work for in any capacity, and not affiliated in any way with any proprietary trading firm, hedge fund, mutual fund, asset management firm, private equity firm, or any similar institution.
You may not share or provide copies of content from our Publications, or part thereof, with any third parties in any way without our consent. This includes allowing others to access your Publication account.
Use of Content
You must not republished, either online or off-line , any content from our Publications without our permission. The copyright and other intellectual property rights in all material in our Publications are owned by us or our licensors and must not be reproduced without our prior consent.
Any material printed or downloaded by you from our Publications, including, without limitation, any text, files, images, software, and data accompanying the foregoing is licensed to you by us. Printing or downloading the material does not transfer title to the material, or any intellectual property rights therein, to you. You may not redistribute or sell the material.
You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material from any of our publications, including text, graphics, code and/or software.
You may not to use our Publications to create similar trade recommendations or trade ideas which are subsequently sold, shared, or utilized by an investment pool, hedge fund, mutual fund, money management service, advisory service, publishing service, or auto-trade service.
We, or our representatives may hold positions in the securities mentioned on our Publications at any time. However, in no way are we soliciting an offer to purchase or sell securities mentioned in our Publications.
We, or our representatives may trade securities mentioned on our Publications in own accounts. This may or may not have an effect on the pricing of the position entered.
No Specific or Personalised Advice
No trade recommendations or ideas contained within our Publications should be considered personalised advice. Neither we, or our representatives, have taken into account your specific financial circumstances, situation or objectives in creating our Publications or any trade recommendations or ideas contained within.
Performance Figures Are Hypothetical
All performance figures quoted or displayed for our Publications should be considered hypothetical. We cannot guarantee that you will experience the same or similar performance results as stated in our track records or promotions.
You may experience additional or different costs than quoted in our performance track records including, but not limited to, the deduction of fees, brokerage, other commissions or transactions costs.
Past results are not necessarily indicative of future performance.
Grant Of Licence
By purchasing or subscribing, either free or paid, to a Service from us, you do not acquire ownership of, or title to, that Service.
The Intellectual Property Rights in a Service remain ours at all times. Unless otherwise noted, all right, title and interest in and to our Services, and all information made available through our Services, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are our exclusive property, or the property of our affiliates or Data Providers.
However, your payment of the purchase or subscription price grants you a personal non-exclusive, non-transferrable licence to use the Service.
Without limiting any of the above, you must not (and must not attempt to) sub-licence, copy (other than back-up), assign, transfer, redistribute, sell, broadcast, alter, modify, decompile, reverse engineer, access source code or dissemble the Service or the information it contains or cause or permit any person to do any of these things.
If you fail to comply with the above Terms and use or disclose the confidential information in the Services we may (at our sole and absolute discretion and without refund):
• suspend and/or revoke your right to access the Service;
• refuse further supply to you of any Service;
• repossess all copies of a Service (including any derivative works based on a Service); and
• exercise any other rights, powers and remedies available to us under these Terms or at law.
Except as advertised by us in relation to a Service or specified in Additional Terms, your right to use a Service does not include a right to receive updates or revisions of that Service. We may, however, at our discretion, decide to offer these to you from time to time (which may be available at additional cost and require you to agree to additional terms).
We grant all users of our Software to use screen shots of our charts in analysis, press releases, books, articles, blog posts and other publications, during video broadcasts, as well as use our Software in education sessions, on the condition that Attribution to us must be clearly visible at all times.
Changes To Terms
We may change these Terms at any time. If you continue to use our Services after we post changes to these Terms, you are signifying your acceptance of the new terms.
When used in these Terms and the Additional Terms:
Event means all live events including webinars, seminars, workshops, computer labs, coaching or courses (online or in person) or related events.
Intellectual Property all current and future registered and unregistered rights in respect of patents, copyright, designs, circuit layouts, trademarks, trade secrets, know-how, confidential information, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
Service means any product offerings which we have advertise for sale on our website, via our marketing, or through our sales channels. It includes (but is not limited to) all Events, Publications,, Software, data services and associated manuals and other materials or products incorporated in or supplied with a Service.
Software means any of the computer programs owned by us, including but not limited to, HUBB Investor, Stock Investor, ABC Trader, ProfitSource, OptionGear, ValueGain & Integrated Investor including the associated printed material, readme files, the online help and information and any other associated information and documentation and any upgrades of, or supplements to, those programs provided by us from time to time
Publication means any advisory newsletter or service, whether paid or free, that provides education, trading caste studies and or trading signals in any form including written or video based materials.
Changes To Services
We may discontinue or change any Service or feature of a Service at any time without notice.
Technical support is provided with a Service without additional charge and is delivered at our discretion by any combination of email, chat, online forums or other online resources. Telephone support may be available as a paid Premium Service (unless included in a promotion, or specified otherwise).
Breach of Terms
If you fail to comply with these Terms and use or disclose the content or confidential information in our Services in a manner that breaches these terms, we may (at our sole and absolute discretion and without refund):
• suspend and/or revoke your right to access the Service;
• refuse further supply to you of any Service;
• repossess all copies of a Service (including any derivative works based on a Service); and
• exercise any other rights, powers and remedies available to us under these Terms or at law.
Indemnification and Reservation of Rights
You agree to indemnify, defend and hold us harmless including our officers, directors, employees, agents, licensors, suppliers and any third party information providers to our Services from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of these Terms (including negligent or wrongful conduct) by you or your use and access of our Services.
All Services are sold to on an “as is” basis. To the extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations, whether express or implied, statutory or otherwise, in connection with a Service or its use (including, without limitation, our performance of these Terms and any warranty of merchantability or fitness for a particular purpose) are excluded.
Our Liability To You
To the extent permitted by law, we are not responsible for any liability loss or damage (whether direct, indirect, special or consequential) whatsoever and however (“Loss”) arising from or in connection with your use of a Service, whether that liability, loss or damage was caused by delay, error or omission, negligence, negligent misstatement or otherwise. We will not accept liability for any Loss where that Loss is caused by events outside our reasonable control (such as a malfunction in equipment or software error, Internet access difficulties or delay or failure of transmission).
If a warranty or condition implied by law cannot be excluded, our liability in relation to such a warranty or condition is limited, at our option, to either re-supply the
Service or the purchase price for the Service.
Any claim by you against us under these Terms must be made within six months from the date of the act or omission giving rise to the claim.
Your Liability To Us
To the maximum extent permitted by law you agree to defend and indemnify us and our officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf or by third parties as a result of or in connection with your access or use of, or actions in reliance on our Services, your breach of these Terms or your negligence.
Special Terms for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Software or other goods from the Site is subject to United States export controls. No software or other goods from our Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software or other goods from our Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
The disclaimers, limitations on liability and indemnities in these Terms continue despite termination of your licence to use Services or discontinuation or suspension of access to Services.
You may not assign, transfer or otherwise deal with your rights, obligations or liabilities under these Terms. We may assign, transfer or otherwise deal with our rights, obligations or liabilities under these Terms at any time and without notice to you.
The contract constituted by these Terms is governed by the laws in force in New South Wales from time to time, irrespective of your location. You irrevocably and unconditionally submit to the laws of New South Wales for all disputes and proceedings relating to these Terms.
Third Party Sites And Advertisers
We may include links to third party online content providers. Some of this content may contain materials that are objectionable, unlawful, or inaccurate. You agree that we shall not be held liable for any trading activities or other activities that occur on any website you access through links in our Services. We provide these links as a convenience, and do not endorse the content or services offered by these other providers.
Any dealings that you have with advertisers found on our Services are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
Unauthorized soliciting on our Services is strictly prohibited and may result in penalties, including but not limited to, temporary or permanent bans of the customer account found to be in violation, and any appropriate and available legal action for monetary and other damages.
To access some of our Services you will be required to register which will further confirm your agreement to be legally bound by these Terms.
You represent that you are of legal age to form a binding contract and are not a person barred from receiving our Services under the laws of the United States or other applicable jurisdiction.
Access And Security
You accept responsibility for the confidentiality and use of any user name and email address that you may register for your access to and use 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 (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply.
Your Contributions to Our Services
By submitting ideas, suggestions, documents, and/or proposals “Contributions” to us through our contact or feedback webpages, you acknowledge and agree to grant us a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of your Contributions.
You also agree that your Contributions do not contain confidential or proprietary information and that we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide.
Further more you agree and acknowledge that we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; that we may have something similar to the Contributions already under consideration or in development; and that you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
You also grant us the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
You agree that we may, without prior notice, immediately terminate, limit your access to or suspend your access to our Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, breaches or violations of these Terms or Additional Terms.
You also agree we may terminate, limit or suspend your access to our Services for reasons including requests by law enforcement or other government agencies, discontinuance or material modification to our Services (or any part thereof), unexpected technical or security issues or problems, extended periods of inactivity, and/or engagement by you in fraudulent or illegal activities.
Further, you agree that all terminations, limitations of access and suspensions for cause shall be made at our sole discretion and that we shall not be liable to you or any third party for any termination of your account.
You also agree these Term shall survive termination, limitation or suspension of any Service.
All information and material in any media or format on all sites owned and administered by us or our affiliates are Copyright unless otherwise explicitly noted. All rights reserved. This copyright includes, but is not limited to, all text, graphics, videos, and sounds, proprietary layout, design, linking strategies, and scripting.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, terminate the accounts or privileges of users who infringe the intellectual property rights of others.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. WE PROVIDE THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND WE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE ANY SUCH MERCHANDISE, INFORMATION, SERVICE OR TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY.
Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by Us, we do not operate, control or endorse any information, products or services on the Internet in any way.
Except for Our identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Us.
You also understand that We cannot and do not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Where We offer a search feature within the Site, We explicitly disclaim any responsibility for the content or availability of information contained in our search index or directory. We also disclaim any responsibility for the completeness or accuracy of any directory or search result.
In connection with your use of the Site, you agree you will not:
• Transmit any message, information, data, text, software or images, or other content (“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable that may invade another’s right of privacy or publicity;
• Impersonate any person or entity, including but not limited to, one of our officials, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
• Post or transmit any Material that contains a virus or corrupted data;
• Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
• Use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
• Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
• Violate any applicable local, state, national or international law;
• Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Delete or revise any Material posted by any other person or entity;
• Manipulate or otherwise display the Site by using framing or similar navigational technology, or
• Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any our Service if you are not expressly authorized by such party to do so.
Web Site Security Rules
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “mailbombing” or “crashing”, or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
Our website (the “Websites”) may include a variety of features that allow feedback, interaction and the posting of content and material for display on the Websites, such as discussion forums, message boards, blogs, commenting features, photo and video uploading, sharing, tagging, social networking and public discussion features (collectively the “Posting Features”).
Your access and/or use of any of the Posting Features hosted by Us and our affiliate sites indicates your acceptance of the following:
• By posting messages, blog entries, comments, uploading files, inputting data, or engaging in any form of communication through this service (collectively “the Content”), you are granting Us, Our successors and assignees, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, adapt, transmit, publicly perform or display any such Content on the site to which it was contributed (or successor site). In plain English, you allow us to continue to display your contributions on the Websites.
• If you post any graphic images, photographs or videos, you warrant that you have all necessary rights to such Content and accept all liability for any model or property release issues that may arise from an individual or trademarked property in the Content. Please do not submit any images, photographs or videos for which you do not have a current, valid model or property release.
• You will not post any Content that is knowingly false, misleading, or inaccurate.
• You will not behave in an abusive and/or hateful manner, and will not harass, threaten, nor attack anyone.
• You will not use profanity and will neither post with language or Content that is obscene, sexually oriented, sexually suggestive or otherwise objectionable, nor link to websites that contain such content.
• You will respect other people’s right to personal privacy and will not post any other person’s identifying information (including their names, contact information, and any other relevant information).
• You will not violate any laws nor discuss illegal activities.
• You will not impersonate any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting, nor collect or store personal data about other users
• You will not post any copyrighted material, nor link to any copyrighted material (with the exception of publicly available sites and pages that the legal owners of the copyrights have created to make that material freely available to the general public), unless that copyright is owned by you or you otherwise have the rights to such Content.
• You will not use these Posting Features for the purposes of sharing or distributing viruses, licenses, registration information, software keys, “cracks,” or other information designed to do harm to or allow unlawful access to any computer hardware, software, networks, or any other systems.
• You will not post advertisements, chain letters, pyramid schemes, or solicitations, all of which are inappropriate and prohibited. You will not, furthermore, collect personal information for the purpose of sending any advertisements, chain letters, pyramid schemes, or solicitations through other means (email, messaging programs, etc.).
• You will not post messages that are clearly outside of the stated topic of any Posting Features nor disrupt Posting Features by deliberately posting repeated irrelevant messages or copies of identical messages (also known as “flooding”).
• You will, if asked by a representative of the Websites, cease posting any Content, and/or links to Content, deemed offensive, objectionable, or in poor taste by the staff of the Websites.
Please remember that the open and real-time nature of these Posting Features makes it is impossible for Us to vouch for the validity of any content posted. As such, we are neither responsible for any content posted nor the consequences of following any advice offered within such content. The views expressed in any Posting Features belong solely to their respective authors and do not necessarily reflect Our views, or the views of Our affiliates, and/or sponsors. If you find any posts in any Posting Features to be offensive or objectionable, please contact us via email at the email address offered as a contact for the Posting Features in question. If we determine that removal of a post or posts is necessary, we will make reasonable efforts to do so in a timely manner.
We do not and cannot review all of the Content of every message posted and do not accept responsibility for the contents of any messages. We reserve the right to delete any message and/or restrict posting rights in our Posting Features for any reason whatsoever. Should you continue to post messages that violate the rules of the Posting Features, your account may be terminated, your access to the Posting Features may be banned, and your service provider(s) may be contacted about your behavior. Furthermore, we expressly reserve our rights under the law to take any other actions we deem necessary.
We reserve the right to disclose personal information when required by law or in the good-faith belief that such action is necessary to conform to the edicts of the law or comply with a legal process served on Us, protect and defend Our rights or property, Our visitors, users, advertisers, or sponsors, and to identify persons who may be violating the law, the Terms, or the rights of third parties, and cooperate with the investigations of purported unlawful activities.
Third Party Disclosures
As part of these Terms of service you also acknowledge and agree to the following third-party terms and conditions, the details of which can be accessed at the following links:
In order to provide videos, this site uses YouTube API Services in order to make videos hosted on YouTube available to you. Please note that the terms of service for YouTube can be found at this link. YouTube Terms of Services