Terms Of Use

The Internet web site www.thestockmarketreport.com is owned and operated by The Stock Market Report Co Ltd and are herein referred to as ‘thestockmarketreport.com’, ‘the Project’ and/or ‘the web site’ and/or ‘the site’. Access to the web site is subject to the user’s acceptance and agreement with the terms, conditions, notices and disclaimers contained herein. Use of, and/or access to, the web site constitutes agreement to the Terms of Use. The Project owner reserves the right to amend the Terms of Use at any time. Since users are bound by the Terms of Use, they should periodically refer to them in this document and elsewhere on the web site.

Disclaimer summary

thestockmarketreport.com, their associates and respective Directors and staff each declare that they, from time to time, may hold interests in securities and/or earn brokerage, fees, interest, or other benefits from products and services mentioned in this website.

This website might contain unsolicited general information, without regard to any investor’s individual objectives, financial situation or needs. It is not specific advice for any particular investor. Before making any decision about the information provided, you must consider the appropriateness of the information in this website or the product disclosure statement or Financial Services Guide, having regard to your objectives, financial situation and needs and consult your adviser. Any indicative information and assumptions used here are summarised and also may change without notice to you, particularly if based on past performance.

thestockmarketreport.com believes that any information or advice (including any securities recommendation) contained in this website is accurate when issued but does not warrant its accuracy or reliability. thestockmarketreport.com is not obliged to update you if the information or its advice changes. thestockmarketreport.com and each of their respective officers, agents and employees exclude to the full extent permitted by law, all liability of any kind, in negligence, contract, under fiduciary duties or otherwise, for any loss or damage, whether direct, indirect, consequential or otherwise, whether foreseeable or not, to the extent arising from or in connection with this website

Decisions made as a result of information seen, or products purchased from this site are at your own risk.

thestockmarketreport.com is not responsible for links outside this web site, or third party information, seminar content or materials. Magazine and newsletter publishers are responsible for delivering their own publications.

Third party software producers and book suppliers are responsible for software and books respectively.

Information on this site may become outdated. This site and the material contained in it are copyright © 2010 thestockmarketreport.com.

Disclaimer

Direct investing in the stock market can result in financial loss. Historical results are no guarantee of future returns. Results in the Stock Market Report market newslettersreflect absolute trading stop loss discipline.  Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have over or under compensated for impact, if any, of certain market factors, such as lack of liquidity. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. Full notional trade summaries, with charts, are provided every year. Note also the disclaimers included in each Edition.

The educational training goods and services provided by thestockmarketreport.com involve the supply of factual information about securities and securities markets only. The training services do not provide any investment advice and do not involve any recommendations in relation to your personal financial circumstances or investment needs, or the current or future value or prospects of any securities or securities markets.

Stocks, Commodities, Bonds, Precious Metals, Forex, or any other securities or financial instruments mentioned in the newsletters or other publications provided by thestockmarketreport.com are NOT buy or sell recommendations. The information provided directly or indirectly is for educational purposes only and is not suitable to be acted upon as investment advice.

thestockmarketreport.com does not offer or make recommendations in relation to securities or other financial or investment products. Nothing in this site is an invitation to you to take up securities or other financial products. This website does not contain stock tips or buy and sell recommendations. It is a tool to assist you in your personal judgment. It is not designed to replace your Licensed Financial Consultant/Advisor or your Stockbroker.

This website, its products and services have been prepared without regard to any particular person’s investment objectives, financial situation and particular needs because readers come from diverse backgrounds, with diverse objectives and financial situations. The material available on and from this website is of the nature of general comment only and neither purports nor intends to be advice. Readers should not act on the basis of any matter in this website or its contents without considering (and if appropriate taking) professional advice with due regard to their own particular circumstances before making any investment decisions. Any such use is at your own risk.

thestockmarketreport.com, its associates and respective Directors and staff each declare that they, from time to time, may hold interests in securities and/or earn brokerage, fees, interest, or other benefits from products and services mentioned in this website.

This website might contain unsolicited general information, without regard to any investor’s individual objectives, financial situation or needs. It is not specific advice for any particular investor. Before making any decision about the information provided, you must consider the appropriateness of the information in this website or the product disclosure statement or Financial Services Guide, having regard to your objectives, financial situation and needs and consult your adviser. Any indicative information and assumptions used here are summarised and also may change without notice to you, particularly if based on past performance.

thestockmarketreport.com believes that any information or advice (including any securities recommendation) contained in this website is accurate when issued but does not warrant its accuracy or reliability. thestockmarketreport.com is not obliged to update you if the information or its advice changes. thestockmarketreport.com and each of its respective officers, agents and employees exclude to the full extent permitted by law, all liability of any kind, in negligence, contract, under fiduciary duties or otherwise, for any loss or damage, whether direct, indirect, consequential or otherwise, whether foreseeable or not, to the extent arising from or in connection with this website

thestockmarketreport.com and its associates expressly disclaim all and any liability to any person, whether a purchaser of any items available from this or linked sites or not, in respect of anything and of the consequences of anything done or omitted to be done by any such person in reliance, whether whole or partial, upon the whole or any part of the contents or information obtained. thestockmarketreport.com and each of its respective officers, agents and employees will not accept liability for any loss, damage or expense incurred or suffered by you if you rely on any information provided in making investment decisions.

By reading any item on or through this or any linked websites, directly or indirectly, you are implicitly agreeing to the conditions set out above. Purchase of any item from this site requires your formal agreement to these Terms as part of the registration process. The decision to trade and the method of trading is for the reader alone to decide. As we graphically show in this website and educational training resources, direct investing in the stock market can result in financial loss. Historical results are no guarantee of future returns.

Advertising and Links to Other Web Sites

This web site contains links to third party sites, third party advertisements and other information (“Third Party Material”).

Disclaimer – thestockmarketreport.com is not making recommendations on such Third Party Material. We provide a convenient way to access web sites that our clients may access on a regular basis, some of which may be helpful resources to you. You should always do your own due diligence when choosing a product or newsletter to assist in your trading and investment activities.

This Third Party Material is not under the control of thestockmarketreport.com as such we are not responsible for its content. Inclusion of an advertisement or a link to another site does not imply any endorsement of that third party (or its products or services), information or linked web site by thestockmarketreport.com. You link to any such web site or use such information entirely at your own risk.

In some instances, the Third Party Material will contain representations or offers by the third party which you can accept by linking to the third party’s web site and executing the relevant transaction. Such offers are not made by thestockmarketreport.com and the third party is solely responsible to you for the delivery of any goods or services you purchase on the third party web site.

General Disclaimer and limitation of liability

thestockmarketreport.com does not give any representation or warranty as to the reliability, accuracy or completeness of any Third Party Material nor does thestockmarketreport.com accept any responsibility arising in anyway (including negligence) for errors in, or omissions from such Third Party Material.

In the case of goods or services supplied or offered by thestockmarketreport.com, liability for breach of any implied warranty or condition which cannot be excluded by law is limited at thestockmarketreport.com‘s option to either: (a). the supply of the goods (or equivalent goods) or services again; or (b) the payment of the cost of having the goods (or equivalent goods) or services supplied again.


Copyright

This site and the material contained in it is copyright © 2010 All images on this website are copyright. Transmission, reproduction, storage or distribution is forbidden.

All rights reserved. No part of any publications may be reproduced, amended, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the permission of thestockmarketreport.com. The digital downloads available for purchase from this site may not be amended or used for other than your own personal use without the prior approval of thestockmarketreport.com.

All data and content linked to this site from third part web sites is copyright © to those sites and we disclaim any liability for the accuracy of the information they provide.


Security capabilities & policy for transmission of payment card details

At thestockmarketreport.com we take your security very seriously and believe it is important that you are able to shop in complete confidence.

This thestockmarketreport.com website is hosted by hostsmart.net.au and uses eWAY as its gateway to perform credit card transactions via the Internet.

Transactions are verified immediately by your bank and are either approved or declined (much like an EFTPOS transaction at the supermarket). Only your delivery details are securely stored within our website for express checkout on subsequent orders.

eWAY offers 1024 bit encryption to provide secure transactions . Each order is processed in real time – typically in less than six seconds.

The customer’s purchase information is passed to eWAY, encrypted and then sent to the bank for processing. The bank then returns a response of successful or failed. If the transaction is successful, the customer is sent an email receipt and the amount is transferred from the customer’s credit card.

For consumer protection, eWAY has multiple firewalls to protect important data which is encrypted with 1024 bit encryption. Eway was awarded the 2008 Telstra ACT Business of the Year.

thestockmarketreport.com does not store your credit card information. All automated rebilling, e.g, for monthly newsletter subscriptions and Easy Payment instalment options, are processed at Eway as our secure server.

How to Order: Downloading Newsletters, E Books, Money & Risk Management spreadsheets, Audios and other downloadable resources:

The items which are downloadable from this site are processed as individual orders. You will be required to register first, unless you have previously registered and will then be able to order each item separately and be given access to download the appropriate file(s). SAVE such files TO YOUR COMPUTER IMMEDIATELY. A back up link will be sent to your registered E mail, just in case.

Please be aware that each product is protected by copyright © and may not be forwarded on to other users, amended in any way or used for other than your own personal use without the permission of thestockmarketreport.com

http://www.thestockmarketreport.com/contact-us

Payment options

1. Pay secure online by credit card. This is our preferred, quickest, easiest and secure option. We accept 2 major credit cards, Visa and MasterCard.

PLEASE NOTE WE DO NOT ACCEPT DINERS OR AMERICAN EXPRESS as payment.

2. Pay by cheque or money order. This choice is if you really don’t want to pay on-line but please be aware that waiting for your cheque to clear will add additional processing time. If you really prefer this payment method then please contact us for further details.

Prices on this site are charged in Australian dollars $AUD.

Paying via credit card means that you will be charged at the applicable exchange rate, regardless of which country you are buying from.

Please note – you may be required to pay customs duties and taxes once a shipment reaches your country. For further details please contact your local customs office.

RRP means ‘Recommended Retail Price’


Postage

There is no postage cost for digital downloads. Simply download and remember to immediately save to your computer.


Returns Policy

Unfortunately, unless specified otherwise, we are unable to provide refunds for PDF files, MS Excel files, MS Powerpoint or other electronic media purchased from thestockmarketreport.com unless otherwise stated. This is due to the reduced copyright security available for this type of media.
For any items ordered from a third party web site, refer any refund queries directly to that site.
Any questions should be addressed to
http://www.thestockmarketreport.com.au/contact-us

Any questions relating to items purchased from other sites linked to this site should be addressed to the contact details provided on that site


Express checkout

After the first time you shop with us, you can enjoy the benefits of our express checkout service. On subsequent orders you will only need to enter your email address and password – your delivery information has been kept securely on file from your first visit. The final part of the order process will only be to enter your payment information as we do not store credit card details.

Rebilling of Newsletter Subscriptions

thestockmarketreport.com does not keep credit details of any purchasers’ orders for any orders taken online.

All transactions are processed by Eway, this website’s bank interface, with 1024 bit bank encryption to provide secure transactions and winner of Telstra’s 2008 ACT Business of the Year Award.

thestockmarketreport.com will arrange monthly automatic rebilling of accounts through Eway for all Members of the thestockmarketreport.com Market Report.

No refunds are applicable and there is no lock-In contract. Newsletter Members may remain as a subscribing Member for as long as they choose. No notice is required to cancel full membership at any time. Members wishing to cancel can send an email to support@thestockmarketreport.com with unsubscribe in the subject.

Privacy

We value the importance of our customer’s privacy, and have developed our privacy policy in accordance with industry leading standards.

We are committed to protecting your privacy. We want your visits to our site to result in peace of mind, not spam email. We only gather information about you from information you voluntarily submit to us.

We will not share any information you give us, for example your name or email address, with any advertiser or other third party without your permission (unless the law tells us we have to or to protect our rights or property). On occasion we may email you about an event or new feature that we think might be of interest. Of course, if you do not wish to receive such emails, all you ever have to do is to hit the reply button and type “remove”.

We require personal customer information to allow us to process your order, or if you request to join the thestockmarketreport.com mailing list. This information may include your name, e-mail address, phone number, address and payment details (the latter are not stored).

thestockmarketreport.com uses this information for:

Order fulfilment: This includes the delivery of physical products and the fulfilment of subscriptions & services. Where required, we will pass your details on to third parties for the sole purpose of fulfilling your order, e.g. the supply of books for the In-Home Study courses.

Regular e-mail promotions: If you choose to join our mailing list, we will e-mail you a weekly FREE Article of the Week which promotes specials and new releases available through the thestockmarketreport.com or its third party linked websites.

Customers may choose to unsubscribe from this service at any time, by sending a blank e-mail with the subject “unsubscribe” to subsciptions@thestockmarketreport.com or by clicking on the Unsubscribe link at the bottom of any emails received from the website..

General marketing information: We anonymously combine customer information to analyse trends and demographics within our customer base. This allows us to continuously improve the service that we offer you.

thestockmarketreport.com does not rent or sell customer information to third parties.

thestockmarketreport.com and its associates reserve the right to change this statement at any time by posting revisions on the thestockmarketreport.com website. This privacy policy is not intended to, nor does it create any contractual or other legal rights on behalf of any party.

Write your own product review

At www.thestockmarketreport.com/contact-us we value and respect the opinions concerning the products we sell. As such, we invite you to send us your review at http://www.thestockmarketreport.com.au/Contact-us as this will help improve our services to you. We may also post your review on our website with your name only, unless you request otherwise. To submit your comments, please send us an e-mail with the following details:

* Product title
* Brand/Author
* Your review (1000 characters max)
* Product rating (1-5 with 5 the highest)

Restrictions on use of content and intellectual property the web site

All materials, text, graphics, information, software and advertisements on the web site is Copyright © 2010. The Project web site, the authors and managers and partners and/or licensors unless expressly indicated otherwise on the web site. The content is protected by International and Australian trademark and copyright laws. The contents of the web site is published in real-time, must not be copied, reproduced, modified, republished, uploaded to a third party, transmitted, posted or distributed in any way, electronically or otherwise, without the express authorisation of The Project, except where authorised on the web site, or is expressly authorised in writing by The Project or its authorized partners or members. Strictly on the condition that users keep all content intact and in the same form as presented on the web site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), users may: a) using an industry-standard Web browser, download and view the content for personal, non-commercial use, or b) Internet service and/or access providers, may supply the content to subscribers. The web site must not be used in any manner or for any purpose, which is unlawful, or in any manner which violates any right of The Project or a partner or member or which is prohibited by the Terms of Use.

Public use of the web site

The Project web site contains facilities by which members of the community, businesses and other organisations can provide information, offers, notices and other information to other users. It is a condition of use of any such facility that none of the following occurs: restrict or inhibit any other user from using or enjoying any public communication facility; post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder; post or transmit any material of any kind which contains a virus or other harmful component; delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or download any file posted by any other user of a public interface if the user knows, or reasonably ought to know, that the file cannot legally be distributed in such manner. The Project will monitor and review the contents of the web site. While it reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in the opinion of The Project is in any way objectionable or in violation of any applicable law or the Terms of Use, The Project has no obligation whatsoever to monitor any content submitted by the public or to edit, delete or refuse to post such contents, nor is The Project responsible for any contents in any content (including any information, comments and/or advice of any individual whose statements on the web site are solely their own). The user expressly acknowledges and agrees that the web site provides a means of public and not private communications. The Project reserves the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

User licence to The Project

By posting any information or other material on the web site (including posting messages, uploading files, inputting data or engaging in any other form of communication), the user grants to The Project a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material: 1. Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and 2. Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. The user expressly waives in favour of The Project and any other party authorised by The Project all moral rights and any similar rights in any jurisdiction, which the user may have or hereafter acquire in respect of any relevant communication or other material. At the request of The Project, and expense of the user, the user will execute and deliver to The Project such instruments and take such other actions as may be required to carry out this grant of licence and waiver.


Advertising, links to third party websites and e-commerce offers

The web site contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not necessarily under the control of The Project, and The Project is not responsible for the contents of any linked web site or any hyperlink contained in a linked website. The Project provides these hyperlinks to users as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by The Project or its partners or members. The user links to any such website entirely at their own risk. The web site also contains third party advertisements (including banner ads other advertising material) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) may or may not be paid for by the relevant third party advertisers and are not recommendations or endorsements by The Project or its partners or members or their respective directors or employees. The user is referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. In some instances, the advertisement will contain representations or offers by the third party advertiser, which the user can accept by linking to the advertiser’s website and executing the relevant transaction. Such offers are not necessarily made by The Project, and the third party advertiser is solely responsible to the user for the delivery of any goods or services the user purchases on the third party website. The product prices listed in any associated web site are the responsibility of the relevant retailer and are accurate at the time of upload. They are subject to change without notice by the retailer. The Project is not liable for the prices or price changes, including where price changes have not been reflected on the associated sites. The use of associated sites is subject to The Project terms of use.


Limitation of liability and Disclaimer

The Trade Practices Act and similar State and Territory Legislation in Australia, may confer rights and remedies on the user in relation to the provision by The Project of goods or services on the web site which cannot be excluded, restricted or modified (“Non-excludable Rights”). The Project does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute. Except as provided for by the Non-excludable Rights: a) all Content is provided “as is” and without warranties of any kind, either express or implied, b) The Project and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose, c) The Project does not warrant that the functions contained in any content or any public interface or user access to the web site will be uninterrupted or error-free, that any defects will be corrected or that the web site or the server which stores and transmits content to the user are free of viruses or any other harmful components, d) The Project does not warrant or make any representation regarding the users access to, or the results of the users access to, the web site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and e) the user (and not The Project) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant content. Under no circumstances (including but not limited to any act or omission on the part of The Project) will The Project or its partners or members be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the web site or any content. The user expressly acknowledge and agrees that The Project does not exert control over users of the web site and is not liable either for their opinions or their behavior including any information and/or advice and any defamatory statements or offensive conduct. To the fullest extent permitted by law, The Projects’ liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of The Project to the following: in the case of services supplied or offered by The Project, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by The Project, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.


Termination

The Terms of Use are effective until terminated by The Project, and The Project may terminate this agreement and users’ access to the web site at any time without notice. In the event of termination, users are no longer authorised to access the web site, but all restrictions imposed on the user, licenses granted by the user and all The Project disclaimers and limitations of liability set out in the Terms of Use will survive.


Miscellaneous

The Project relies on the user’s continued observance of these Terms of Use. If The Project suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation then the user agrees to indemnify The Project for those losses, damages and costs. This agreement will be governed by and construed in accordance with the laws the Australian Capital Territory, Australia, where The Project is hosted. The user irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the Australian Capital Territory. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect. All rights not expressly granted herein are reserved.

Copyright © 2010 thestockmarketreport.com

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