Sale Agreement - IndexTrader


The purchase of “IndexTrader”, an educational trading model, implies acceptance of the following Terms and Conditions.

1. Definitions
IndexTrader (the “Model”) is an educational document outlining a mechanical rule based trading methodology. The Purchaser is the person named below who seeks to obtain IndexTrader and who is the subject of this Sale Agreement (“Agreement”). The Vendor is Brent Penfold Futures Pty Ltd, copyright holder of the Model.

2. Failure to Complete this Agreement
The Purchaser acknowledges and agrees to sign this Agreement with their legal name and correct address. The Purchaser acknowledges and agrees that if they fail to sign this Agreement in the appropriate manner the sale will not proceed and a credit will be raised less a AUD100 processing charge.

3. Non Disclosure of Confidential Information
The Model includes information that remains the intellectual property of the Vendor. The Vendor claims and retains all rights to the Model and the information it contains.

The Purchaser acknowledges it is against the Vendor’s interests for the Model’s secrets to be disclosed. The Purchaser acknowledges disclosure and piracy of the Model’s proprietary information would disadvantage the Vendor and contribute to loss of income. The Purchaser acknowledges it would also be against their own interest if the Model’s secrets were disclosed and reduce the value of their investment in purchasing the Model.

The Purchaser 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 Model to the Purchaser and to others and deprive the Vendor of income and will be liable for those losses.

4. Not For Resale
Upon ceasing to use the Model the Purchaser is prohibited from reselling the Model to a third party. The Purchaser undertakes to return or destroy the Model and any copies thereof upon ceasing to use the Model.

5. Not To Be Used For Managing Third Party Funds
The Purchaser agrees that the Model is supplied for the sole use of the Purchaser to manage their own money and not money belonging to third parties such as (including but not restricted to) investment companies, investment unit or discretionary trusts, investment clubs or institutional type funds etc. which are not for the direct benefit of the Purchaser and their direct family.

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

7. No Warranties
While the Vendor has made every effort and care to ensure the educational information contained within the Model is true, correct and complete, the Vendor, its officers, employees, representatives and agents give no warranties or assurances, and make no representations as to the accuracy or reliability of the educational information contained within the Model, or that the educational information is suitable for intended use.

8. 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 Model.

The Purchaser agrees that the Vendor is in no way responsible for the Purchaser’s actions or for the performance of the Model 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 Model.

9. 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 provided with the Model 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.”

10. Acknowledgement Model is Educational Only and Does Not Constitute Trading Advice
The Purchaser acknowledges, understands and accepts the Model is educational only and does not constitute or contain any trading advice. The Purchaser acknowledges, understands and accepts that by purchasing the Model they will receive an education into how the Model’s methodology captures a particular part of market structure through set-ups, entries, stops and exits.

11. Acknowledgement the Daily Study Guide Does Not Constitute Trading Advice
The Purchaser acknowledges, understands and accepts the Daily Study Guide 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 the Model’s trading methodology is applied and is not an invitation or recommendation to trade.

12. Acknowledgement of Risk of Loss in Trading
The Purchaser acknowledges, understands and accepts there is risk of loss in trading and that historic, hypothetical or actual trading performances do not indicate future success.

13. Acknowledgement of the Need to Consider the Appropriateness of The Model before Implementation
The Purchaser acknowledges and understands the educational information contained within the Model 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 Model is appropriate, in light of their own investment objectives, financial situation and particular needs, before implementing any part of the educational information.

14. Acknowledgement of No Software Being Supplied
The Purchaser acknowledges, understands and accepts the Vendor will not be supplying any software designed to assist in the identification of the Model’s educational trading set-ups and management of trading positions.

15. Acknowledgement Not to Use Third Parties to Program The Model
The Purchaser acknowledges, understands and accepts not to engage a third party to program the Model.  The Vendor acknowledges, understands and accepts the Purchaser can personally program the Model in their preferred software program.

16. Compensation For Breach Of Agreement
The Purchaser acknowledges and agrees that due to the unique nature of the Model’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.

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

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

 


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Signature Certificate
Document name: Sale Agreement - IndexTrader
lock iconUnique Document ID: ad4d0d633c55d03306c8b198c870af93442e9560
Timestamp Audit
October 26, 2018 2:15 pm AESTSale Agreement - IndexTrader Uploaded by Brent Penfold - bpenfold@tpg.com.au IP 127.0.0.1