Sale Agreement – Key Breakout and PortX³
The purchase of “Key Breakout”, an educational trading model and “PortX³”, an educational portfolio construction model, implies acceptance of the following Terms and Conditions.
- Definitions
Key Breakout and PortX³ (the “Models”) are two educational documents outlining Key Breakout, a mechanical rule based trading model and PortX³, a mechanical rule based portfolio construction model. The Purchaser is the person named below who seeks to obtain the Models and who is the subject of this Sale Agreement (“Agreement”). The Vendor is Brent Penfold Futures Pty Ltd, copyright holder of the Models.
- 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.
- Non Disclosure of Confidential Information
The Models includes information that remains the intellectual property of the Vendor. The Vendor claims and retains all rights to the Models and the information it contains.
The Purchaser acknowledges it is against the Vendor’s interests for the Models’ secrets to be disclosed. The Purchaser acknowledges disclosure and piracy of the Models’ 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 Models’ secrets were disclosed and reduce the value of their investment in purchasing the Models.
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 Models to the Purchaser and to others and deprive the Vendor of income and will be liable for those losses.
- Not For Resale
Upon ceasing to use the Models the Purchaser is prohibited from reselling the Models to a third party. The Purchaser undertakes to return or destroy the Models and any copies thereof upon ceasing to use the Models.
- Not To Be Used For Managing Third Party Funds
The Purchaser agrees that the Models are 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.
- Non-Refundable
The Purchaser agrees that due to the nature of the information contained in the Models, no refund will be granted under any circumstances or conditions.
- No Warranties
While the Vendor has made every effort and care to ensure the educational information contained within the Models 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 Models, or that the educational information is suitable for intended use.
- 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 Models.
The Purchaser agrees that the Vendor is in no way responsible for the Purchaser’s actions or for the performance of the Models 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 Models.
- 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 Models 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.”
- Acknowledgement Models are Educational Only and Do Not Constitute Trading Advice
The Purchaser acknowledges, understands and accepts the Models are educational only and do not constitute or contain any trading advice. The Purchaser acknowledges, understands and accepts that by purchasing the Models they will receive an education into how the Models’ methodology works.
- 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 Models’ methodology is applied and is not an invitation or recommendation to trade.
- 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.
- Acknowledgement of the Need to Consider the Appropriateness of The Models before Implementation
The Purchaser acknowledges and understands the educational information contained within the Models do 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 Models is appropriate, in light of their own investment objectives, financial situation and particular needs, before implementing any part of the educational information.
- 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 Models’ methodologies.
- Acknowledgement Not to Use Third Parties to Program The Models
The Purchaser acknowledges, understands and accepts not to engage a third party to program the Models. The Vendor acknowledges, understands and accepts the Purchaser can personally program the Models in their preferred software program or receive an introduction to a third party programmer via the Vendor who can assist them in coding the Models.
- Compensation For Breach Of Agreement
The Purchaser acknowledges and agrees that due to the unique nature of the Models’ 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.
- Governing Law
This Agreement will be construed in accordance with and governed by the laws of the State of New South Wales, Australia.
- Acknowledgement and Agreement
I confirm that I have read, understood and accept this Agreement.
