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Sale Agreement - Daily Study Guide

The purchase of a “Daily Study Guide” subscription, an educational service, implies acceptance of the following Terms and Conditions.

1. Definitions
The Daily Study Guide (“DSG”) is an educational service that assists owners in helping to understand the day to day application of a particular mechanical rule based trading methodology. The Purchaser is the person named below who seeks to obtain a subscription to the DSG and who is the subject of this Sale Agreement (“Agreement”). The Vendor is Brent Penfold Futures Pty Ltd, copyright holder of the DSG.

2. Subscriber MUST Own a Trading Model
The Purchaser acknowledges and agrees they are the lawful owner of the following educational trading model;

TRADING MODEL:

3. $50 Processing Fee for Unlawful Subscriptions
The Purchaser acknowledges and agrees that if they have inadvertently purchased a subscription they are not lawfully entitled to the Vendor will refund a credit less a AUD50 processing charge.

4. Non Disclosure of Confidential Information
The DSG includes information that remains the intellectual property of the Vendor. The Vendor claims and retains all rights to the DSG and the information it contains. The Purchaser acknowledges and agrees not to disclose any of the information to any other party in any manner or form. The Purchaser agrees that any such disclosure will damage the value of the DSG to the Purchaser and to others and deprive the Vendor of income and will be liable for those losses.

5. Non-Refundable
The Purchaser agrees that due to the nature of the information contained in the DSG, no refund will be granted under any circumstances or conditions.

6. Acknowledgement the Daily Study Guide Does Not Constitute Trading Advice
The Purchaser acknowledges, understands and accepts the DSG containing Brent Penfold’s live trading does not constitute trading advice. The Purchaser acknowledges, understands and accepts the Daily Study Guide is designed to reinforce their educational knowledge of how a particular trading methodology is applied and is not an invitation or recommendation to trade.

7. Indemnity
The Vendor, its officers, employees, representatives and agents expressly advise that they shall not be liable in any way for any loss or damage, whether direct or indirect, consequential or otherwise howsoever arising, whether in negligence or otherwise out of or in connection with the contents of and/or any omissions from the DSG. The Purchaser agrees that the Vendor is in no way responsible for the Purchaser’s actions or for the contents of the DSG or for the behaviour of markets generally and agrees to INDEMNIFY and continue to INDEMNIFY and PROTECT the Vendor from any damages resulting from the Purchaser’s direct or indirect use of the DSG.

8. Disclaimer
The Purchaser understands and accepts the following statement from the Vendor.

“The Vendor does not guarantee in any way that the Purchaser will realize any trading profits whatsoever or that they will not incur substantial loss. No presentation is being made that any account will or is likely to achieve profits or losses similar to those attained by Brent Penfold. The information contained in the DSG is EDUCATIONAL and IS NOT AN INVITATION OR RECOMMENDATION TO TRADE. THERE IS RISK OF LOSS IN TRADING. Historic or hypothetical or actual trading performance DO NOT INDICATE FUTURE SUCCESS. The Vendor, through its Director, Brent Penfold, WILL HOLD positions in the market from time to time.”

9. Acknowledgement of the Need to Consider the Appropriateness of the DSG before Implementation
The Purchaser acknowledges and understands the educational information contained within the DSG does not take into account their own personal investment objectives, financial situation and particular needs. The Purchaser acknowledges it is their responsibility to consider, with or without the assistance of a licenced financial adviser, whether the educational information contained within the DSG is appropriate, in light of their own investment objectives, financial situation and particular needs, before implementing any part of the educational information.

10. Compensation For Breach Of Agreement
The Purchaser acknowledges and agrees that due to the unique nature of the DSG’s proprietary educational information, there can be no adequate remedy at law for any breach of its obligations hereunder. Therefore upon any such breach the Vendor shall be entitled to seek appropriate equitable relief in addition to whatever remedies it might have at law.

11. Governing Law
This Agreement will be construed in accordance with and governed by the laws of the State of New South Wales, Australia.

12. Acknowledgement and Agreement
I confirm that I have read, understood and accept this Agreement.

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October 30, 2018 5:31 pm AEDT

Sale Agreement - Daily Study Guide Uploaded by Brent Penfold - bpenfold@tpg.com.au IP 127.0.0.1