1300 365 839

Terms & Conditions

1. Introduction to our Terms & Conditions

1.1. This Agreement (the Terms and Conditions) is a contract between you and Active Traders Pty Ltd, ACN 131 830 254, and applies to you when you take up Active Traders software and website services offer. Throughout this document Active Traders Pty Ltd, ACN 131 830 254 will be referred to as “Active Traders”. The customer “you”, as outlined in the product and services Application Form, will be referred to as “The Customer, you or the client”.

1.2. For any assistance with our terms and conditions please contact us in the following ways.
Head office : Building 5, 175 Varsity Parade, Varsity Lakes, Queensland Australia 4227
Postal address: PO Box 38, Varsity Lakes, Queensland 4227
Office Number : 1300 365 839
Direct Number: 07 5562 9100
Fax Number: 1300 365 183
Email Contact: info@activetraders.com.au

1.3. These Terms and Conditions are made up of and include a number of different areas of documents that are found on Active Traders website in both the public and paid members sections. www.activetraders.com.au It is recommended that you read through all the documents to ensure that you are familiar with the full contract Terms & Conditions. These documents include:
a) Membership policies
b) Privacy Statement;
c) Financial Services Guide
d) Disclaimer

1.4. Upon signing Active Traders Product and Services Application, you are deemed to have read and agree to all Active Traders’s Terms and Conditions, Financial Services Guide, Privacy Policy, Risk Disclaimer and General Disclaimers.

1.5. Together, these documents form the full Terms on which we’ll provide your Software and Services to.

1.6. Before any client becomes active with Active Traders, all documentations must be signed and returned to Active Traders before any Product / Service payments can be authorised.

2. Accepting our Terms & Conditions

2.1. This Agreement takes effect from the date you sign and return Active Traders Product Application form, which in turn is you agreeing to all the Terms and Conditions outlined in these provided documents.

2.2. You need to comply and acknowledge agreement if you want to receive Active Traders’s products and Services.

2.3. On our acceptance of your returned Active Traders product Application Form, Active Traders agrees that we will supply you with instant access to our Stock Market Analysis Products and Services to you as the set terms outlined on the returned application form.

2.4. Activation and access to your Active Traders membership will generally commence immediately once your signed Application Form has successfully been received. Please note: In some circumstances the activation period may take up to 76 hours allowing for Applications that arrive during a weekend period, public holiday and/or traditional breaks.

2.5. Entering into this Agreement will entitle you to receive your own user name, member number, and passwords. You will need to use these allocated usernames and passwords to access some areas of Active Traders Products and Services. Please note: If you do not receive your product activation codes, passwords or access details, please contact Active Traders Customer Service Desk for instant assistance. Phone: 1300 365 839. We encourage you to keep records of your username and password in a safe confidential place.

2.6. If you’d like another person to have access to your membership details or discuss your membership with us in any way, you will need to contact Customer Service and we will let you know what’s involved in approving a third party person.

3. Active Traders’s Products and Services that will be provided

3.1. We provide the Products and Service to you under the Terms of this Agreement.

3.2. We’ll provide the Service to you for:
a) The Set Term outlined on the returned and signed Active Traders Membership Application form; or
b) A negotiated or Agreed Term (if approved by Active Traders management and accompanied by an “ASI47 offer form”)

3.3. If Active Traders product or service has a set time period set out in the application form and that set agreed term ends, Active Traders has the option and right to offer to continue to provide you with the full Active Traders Product and Services previously provided on a complimentary (at no cost) basis. Any complimentary periods granted will be on a period set by Active Traders management at that time.. All upgrades and services will also continue at no additional costs for these approved clients. This complimentary extension period is at the discretion of Active Traders Management.

4. Usage of our Products and Services

4.1. Any information made available by Active Traders’s products and services is for your private use only and it is protected by applicable copyright laws and other applicable intellectual property right laws. You may not reproduce, distribute, disseminate, broadcast, sell, publish, circulate, notate, assign or give for free, any of the materials made available to you without first seeking the prior written consent of Active Traders.

4.2. Active Traders shall not be liable for any unauthorised third party use of, or reliance on, their materials or information.

4.3. You may not distribute copy, publish, sell, assign, convey, transfer, pledge, lease or grant any information obtained with Active Traders Products and Services at any time.

4.4. You agree not to distribute confidential information relating to any commercial securities, intellectual property or product information, Confidential Information is considered to be:
a) Information relating to Active Traders’s intellectual property, systems, and methodology
b) Information relating to the price paid for the products and services provided
c) Information regarding recommendations including outcomes and results
d) Information by its very nature, might reasonably be understood to have been disclosed to you in confidence
e) Information would be of commercial value to a competitor of the company
f) Information that relates to any arrangements or transactions, including details of those arrangements or transactions, between us or another client
g) Information that relates to our computer databases or software
h) Information that relates to the marketing and selling techniques used by us or an associated business including marketing plans, sales plans, research and data surveys
i) Information that relates to all trade secrets, our intellectual property, inventions and processes
j) Information that all notes and other records, whether written or otherwise, prepared by us or by anybody else based on or incorporating information referred to above
k) Information that all copies of the information, notes and other records referred to above

4.5. Disclosure of confidential information without permission by the user will be considered an act that breaches this Contract. The Company will be entitled to seek compensation for a minimum sum of $2500.00 per breach.

4.6. Abuse of the Terms and Condition may result in the suspension or termination of your access and or subscriptions.
Definitions and actions that may be taken are:
a) Abuse of the service will be defined solely by the management of Active Traders
b) The client will be provided a warning prior to suspension or termination
c) The return of the full or part membership costs will be at the sole decision of Active Traders Management.

4.7. If you breach a Material Term of this Agreement, we will notify you of the breach and give you a specified period to remedy the breach. We may suspend your Service during this notice period and cancel your future agreed payments if payment plan is applicable.

4.8. If you don’t remedy your breach within the time allowed, or the breach can’t be remedied, we may cancel the Agreement.

4.9. Your product and service licence agreement is “Willable” and can be transferred to another individual on request or transferred by a third party providing the required documentations are provided.

5. Accepting this agreement.

5.1. You acknowledge and accept that Active Traders will be providing you with our stock market analysis software including our interactive trading tools and services.

5.2. You are aware that any Active Traders Product and Service demonstrations were at your request in order to fully satisfy you of the Product and Service’s merits.

5.3. You are fully satisfied the service is suitable for the requirements and purpose of your intended use.

5.4. You have not relied on any representation other than those contained in the offered demonstration of the Products and Service in making your decision to purchase Active Traders Product and Services.

5.5. Demonstrations of our products and services are optional and not a requirement to proceed with an application.

5.6. You acknowledge and accept that by entering into this Agreement that you understand that any past Active Traders performance results of any of the historical displayed trading results does not warrant, promise or guarantee any future profits, trading outcomes or results, nor does it take into account your own personal investment objectives, financial situation nor particular needs.

5.7. You acknowledge and accept that you have an understanding of the range, of Active Traders Products and Services purchased and your decision to proceed with your purchase is not based on any one particular area of the products and services offered. This includes:
a) Your purchase decision is not just based for the area of the success of trade recommendations or analysis results alone

5.8. Your purchase is for all areas of the Products and Services offered including but not limited to, interactive trading tools, recommendations, analysis tools, education, general information, definitions and affiliate service offers plus all other modules and product offerings.

5.9. By accepting these Terms and Conditions you acknowledge that Active Traders does not provide the following services:
a) Active Traders is not your stock broker or financial advisor
b) Active Traders does not trade on your behalf
c) Active Traders does not open, manage, or run brokerage and/or trading accounts
d) Active Traders does not accept or hold on to any client funds, nor do we control our client’s funds
e) Active Traders does not provide you with personal financial advice

5.10. You understand that Active Traders and its representatives did not provide any personal or financial advice to you during any conversations, demonstrations or correspondence to you whilst you made your decision to purchase Active Traders’s Products and Services.

5.11. You understand that during any future customer service communications Active Traders and its representatives will not provide you with any financial or personal advice.

5.12. You understand that Active Traders Products and Services are designed to be used for the financial markets and that it is your responsibility to understand the risk factors that are associated with any form of investments.

5.13. All Active Traders trading tools and services purchased do not provide you with any personal or financial advice and the software and services associated do not take into account your personal investment needs or investment criteria’s.

5.14. It is your responsibility to keep Active Traders updated with your preferred contact details in order to receive all communications, product updates and announcements.
Please be sure to provide updated changes on the following:
a) Email address: to receive email notifications and trade alerts
b) Your Mobile phone number: to receive SMS text message alerts and communications

5.15. Your requirements for Email Alerts:
a) It is the responsibility of each member to set their own email alert preferences although some basic alerts will be set up automatically on initial set up for you
b) Check your personal profile on Active Traders website and make sure that the email trade alerts are turned on
c) You will have the ability to customise the type of alerts you will receive
d) Alert settings can be adjusted at any time to suit the level of trading that you require
e) If you have difficulties in setting your email alerts please contact customer service on 1300 365 839 and they can adjust your settings for you

5.16. Your requirements for SMS Text Alerts:
a) It is the responsibility of each member to set their own SMS alert preferences with their affiliated stock broker
b) You can check your personal profile on Active Traders website to make sure that the SMS trade alerts are turned on
c) You will have the ability to customise the type of SMS alerts you will receive
d) Alert settings can be adjusted at any time to suit the level of trading that you require
e) If you have difficulties in setting your SMS alerts please contact your Active Traders affiliated stock broker or your Active Traders customer service representative on 1300 365 839 and they can adjust your settings for you

6. Our Third Party Affiliates

6.1. Active Traders has many associated stockbrokerage firms, accountants, lawyers, compliance companies and financial advisory firms that are referenced in particular areas of our products and services. These companies are third party affiliations only, please note:
a) The nature of displaying these different affiliated third party companies’ information and services are to be utilized solely at your discretion
b) Active Traders does not suggest, recommend or advise in any manner, either expressly or impliedly, that any particular stockbroker is greater than any other
c) Active Traders can refer you to an affiliated third party broker / advisor that may meet your requirements, but the final choice is left to you to decide if that broker meets your requirements
d) Active Traders will not be liable for any losses or damages caused by the referral of you to any of our affiliated brokers or advisors companies
e) You are responsible for any and all costs, contracts and charges payable to the provider of any third party agreement that you may enter for the services you receive including brokerage fees
f) Active Traders is not responsible for any of your trading results with any trading platform or company that you decide to use

7. Understanding our Obligations and Requirements to you.

7.1. Active Traders is consistently updating and adding additional new services to our extensive product range of services, trading tools and stock market technologies. Please note that all Active Traders’s products and services will be subjected for scheduled updates, changes, alterations, additions or cancelations. Active Traders has the right under this agreement to:
a) Change the way that the products and services are displayed, provided or produced
b) Change, add or withdraw, replace any component, technology or service
c) Add, withdraw or change any feature or functionality of any of Active Traders Products and Services
d) Re-brand our product and or services.
e) Provide our intellectual technologies to third party affiliates
f) Assign a third party to assist or replace existing customer service support

7.2. Active Traders reserves the right to change any of the Terms contained in this document at any time when required. Changes may be for infrastructural, systems, administrative or operational reasons or to prevent the occurrence of fraud or other unlawful or unacceptable conduct. Changes may be to comply with any contract, Asset sale agreement, law, regulation or statute or order or judgment of any court, tribunal or other body having competent jurisdiction. The User will be informed of changes in the event Active Traders considers that it will be to the User’s detriment.

7.3. Subject to the rights conferred by the Trade Practices Act 1974 (Cth) and any applicable State sale of goods legislation ("the Acts") Active Traders hereby excludes all conditions and warranties which might be implied in any goods sold or services rendered by Active Traders to the extent permitted by the Acts and to the extent that the Acts permit Active Traders to limit its liability for breach of certain conditions or warranties. Active Traders hereby limits its liability to:
a) The supplying of the services again; or
b) The payment of the cost of having the services supplied again

7.4. Active Traders will in no circumstances be liable for any damages, injuries or liabilities caused directly or indirectly from the use of our Products and Services. This includes: without limitation, incidental, consequential or special damages or damages for loss of business, lost profits, business interruption or other indirect or consequential loss arising out of the products and services purchased.

7.5. In no event will Active Traders be liable for any indirect, incidental, special or consequential damages, including loss of profits, loss of revenues, any other economic advantage or cost of cover incurred by customer arising out of this agreement, under any theory of liability, whether in an action in contract, strict liability, tort (including negligence) or other legal or equitable theory.

8. Payment Arrangements

8.1. If a payment plan is offered by Active Traders you must provide us with accurate and complete billing information (including your legal name, address and telephone number) and let us know of any changes to your billing information as they happen.

8.2. If Active Traders software services have not been paid in full, you acknowledge that Active Traders will bill you for the amount scheduled in your contract for each billing cycle, and may issue an interim bill at any time.

8.3. If you pay your bill using a credit card, a payment processing fee may apply. This will be stated on the offer entered into if applicable.

8.4. If you don’t pay the agreed contracted amount set out in the contract by the due date, we will notify you and give you seven days to make the payment. We may suspend your Service during this period.

8.5. If you don’t make your payment within the seven days, we can:
a) Restrict the Service (for example, you won’t be able to access particular areas of Active Traders products and services)
b) Suspend the Service until all amounts due have been paid (any Third Party Service will also be suspended)
c) Cancel this agreement
d) Take legal action against you to recover the unpaid amount
e) Refer you to a collection agency, and/or report your default to a credit reporting agency

8.6. If you pay your contracted amount by cheque and the cheque is dishonoured, you will need to pay a $17.50 fee (GST inclusive). If you pay a bill by direct debit and there are insufficient funds in the account, you’ll also need to pay a $12.00 fee (GST inclusive).

8.7. If any Service Charges are still unpaid 60 days after their due date, and we have taken steps to recover the relevant amount, we may report your default to a credit reporting agency. If we report your default to a credit reporting agency your credit rating may be affected and you may have difficulty obtaining credit in the future.

8.8. If we suspend the Service for non-payment, we will reconnect it if you pay all outstanding amounts due.

8.9. If we suspend the Service, and then reconnect it once you have paid the amount outstanding, then:
a) Any set term will not be extended by the period for which the service was suspended without managements approval, and
b) We may change the Billing Cycle. We will give you prior notice of your new Billing Cycle.

8.10. GST is included and imposed on all payments scheduled in this Agreement. The GST component will be identified in your initial Contract. We will issue a tax Invoice to you periodically on request plus supply you with a final summary receipt of all GST paid for the
purchase of Active Traders Products and Services in which GST has been is imposed.

9. Suspending the Products and Services

9.1. To suspend the Products and Services there will be no suspension fee applied.

9.2. You can suspend Active Traders Service for a period of up to three months. (Starting from the commencement of this Agreement). To suspend the service you must give Active Traders a minimum of seven days’ notice before suspension can take effect. Suspension of the service will take effect immediately.
If you are on a payment plan the suspension of the service will take effect after the next billing cycle has been completed. The billing cycle will automatically continue as contracted.

9.3. There are no limitations on the amount of times you can suspend your services, we understand that our clients all have personal lifestyle obligations, please contact our customer service at any time to arrange any set suspension periods.

9.4. While the Service is suspended:
a) You won’t be able to receive the Service (including any alerts or market updates)
b) You won’t be able to access any of Active Traders online services
c) You won’t be able to receive any Third Party Services other than your direct brokers services

9.5. You can suspend the Service for a minimum of one week and a maximum of three months. You will have to provide a reactivation date. We will reactivate your access on that date provided, if no date is provided then we will keep your access on hold till notified of a commencement date.

9.6. If we suspend or cancel the Services for any reason, there may be a possibility that you won’t be able to receive an area of a Third Party Service. You should contact your Third Party Service Provider to see how your third party might be affected. (This would not affect any third party brokerage firms or trading accounts that you may have.)

10. Cancelations

10.1. All Active Traders financial based Products and Services are not redeemable for cash and cannot be returned or exchanged, except where required by law.

10.2. This Agreement does not remove the right to take action under the Australia's consumer protection laws for non-financial based products when applicable.

10.3. By signing and returning Active Traders Product and Services Application form you accept and acknowledge all the Terms and Conditions of your purchase. Which includes:
a) The signed disclaimer that you acknowledged stating due to the nature of the Financial Products and Services provided, all Products and Services provided are non-refundable
b) All Product and Service payments are final
c) Active Traders maintains a strict No Refund Policy for all Financial Products / Services and accepts no responsibility for any financial loss

10.4. By exercising your rights to terminate during a cooling-off period under consumer protection laws if you’ve taken up the products and services through a non-direct Active Traders sales channel or unlicensed distributor where those rights are available to you under those laws. You wouldn’t need to pay an Early Cancellation Fee in such circumstances, and any other rights you have under consumer protection laws which cannot be excluded or limited will continue to apply notwithstanding the termination.

10.5. We may suspend the Service or cancel this Agreement immediately if:
a) An Australian government department suspends or cancels any required licences required to provide such service
b) An Australian court directs us to suspend or cancel supply of the Service to you
c) The Service is being used in a way forbidden by this Agreement
d) A Regulatory Event occurs
e) We receive notification of your death; (Active Traders products and services are willable)
f) We have evidence to believe, on reasonable grounds, that you have committed a serious infringement (that is, acted fraudulently in applying for or in receiving the Service; or caused genuine distress to any of our employees, agents or contractors in connection with this Agreement).

10.6. You will not need to pay any fees if a third party causes early cancellation of the agreement if:
a) An Australian government department suspends or cancels our supply of the Service to you
b) An Australian court directs us to suspend or cancel supply of the Service to you
c) We receive notification of your death, or
d) A Regulatory Event occurs

10.7. If this Agreement is cancelled for any reason set by Active Traders then you are not liable to pay any further payments providing that you were not in breach of the contract Terms and Conditions. If you cancel the Agreement then you still must pay your agreed contracted purchase fee as set out in the Agreement.

11. Liability and Disclaimers

11.1. We will provide Active Traders Products and Services to you in accordance with this Agreement. However, given the nature of Financial Markets (including the data sources not owned or controlled by us). We cannot promise that the accuracy of all data or the general service will be continuous or fault free from errors. We will endeavour to maintain our highest standards in maintaining and monitoring our services at all times

11.2. All information that is provided contained, displayed or pronounced by Active Traders Products and Services is of the nature of general information only and must not in any way be construed or relied upon as legal, financial or personal advice. No consideration has been given or will be given to the individual investment objectives, financial situation or needs of any particular person.

11.3. While Active Traders will and has made every effort to ensure that the information presented in this website is free from errors or omissions and is based on information obtained from sources which are considered reliable, Active Traders, its officers and agents, do not represent, warrant or guarantee, expressly or impliedly, that the information contained in this website is complete, accurate or is suitable for your intended use. Nor does Active Traders accept any responsibility to inform you of any matter that subsequently comes to its notice, which may affect any of the information contained in this website.

11.4. The decision to invest is a personal decision and involves an inherent level of risk, and you must undertake your own investigations and obtain your own advice regarding the suitability of trading for your circumstances.

11.5. Neither Active Traders nor our third party affiliates, their officers, employees or agents, will accept any liability for loss or damage howsoever caused, whether accidental, consequential, direct or indirect, as a result of reliance on, or misuse of, the information provided.

11.6. Trading and investment in financial products carries often substantial risk of loss (in excess of initial investment, in the case of certain derivative products), and should only be undertaken if you are sufficiently trained and experienced in the relevant products and comfortable with the risks involved.

12. Conclusion

12.1. If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force.