Disclaimer and Terms of Use

Updated 17 September 2015

EquitySmart (the product) is wholly owned & operated by EquitySmart Pty Ltd (ACN 093 688 067) (the company).

Any unauthorised attempt to reproduce, communicate, redistribute, disseminate, broadcast, sell or publish the information contained in the product is strictly prohibited and will result in legal action. The company may log the IP address of any computer used to access this product and may use cookies to track distribution.

Your use of, or access to the product signifies your acceptance and compliance with the terms, conditions and disclaimers (‘Terms of Use’) contained within this document and elsewhere on this website. The company shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these terms of use without notice or liability to you. Any changes to these terms of use shall take effect immediately. Users are therefore invited to revisit these Terms of Use regularly.

Advice & Risk Warning

Nothing within this website should be construed as constituting financial advice. Professional advice (legal, financial, industry or any other relevant professional advice whatsoever) should be obtained before applying, using, adopting or relying upon the information or content contained in this web site. The information or content is not intended to be nor should it be relied upon as a substitute for legal or other professional advice. You should seek legal or other professional advice before acting or relying on any of the Content.

The EquitySmart Investing Success Program is an educational program with various modules as described on this website for investors and trades.

Neither the company nor any of its officers, employees, representatives, agents or independent contractors are licensed financial advisors, registered investment advisors or registered broker-dealers.  No information provided in the EquitySmart Investing Success Program or on this website constitutes a solicitation, recommendation, promotion, endorsement or offer by the company of any particular security, transaction or investment.  All purchasers of the EquitySmart Investing Success Program are encouraged to speak with a licenced representative of their choice regarding the appropriateness of investing/trading or of any particular investment/trading strategy.

The use of any trading system or strategy, including any system included as a sample in, or that is or was developed using, any of the content of the EquitySmart Investing Success Program content, does not and cannot guarantee that you will make profits, increase profits or minimise losses. Any tools, strategies or systems included in the Program Content are presented as examples of technical ideas that can be incorporated into a personally-designed trading system. You must use your own judgement or consult a professional for advice for suck matters. No representation is being made that the Program Content will guarantee profits in trading. Past performance, whether actual or indicated by historical systems testing, is no guarantee of future performance or success

The company does not take into account the investment objectives, financial situation and particular needs of any particular person when providing the Trading Software Platform.

The Trading Software Platform’s Scan page allows you to scan the market to find out which stocks meet your variable Scan settings.  A list of stocks is returned for your consideration and evaluation.  If there meet your investment criteria then they can be added to your watchlist for ongoing monitoring.   The inclusion of these stocks is not a recommendation to buy the stock.  Rather, the inclusion means that the stock aligns with the relative, risk, return and income preferences. This does not necessarily mean that the portfolio or the stock is appropriate for you.

Before making an investment decision on the basis of the Trading Software Platform you must consider whether picking a stock is appropriate in light of your own individual needs, objectives and financial circumstances.  Please consider speaking to your financial advisor before making any financial decision.

Past stock performances are not a guarantee of future returns.  Investing in quoted securities involves numerous risks including but not limited to market risk, and liquidity risk.

The company nor their officers 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 contained herein.

Reliance on website content
Any information made available by the company 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, novate, assign or give for free, any of the materials made available to you without first seeking the prior written consent of the company. The company shall not be liable for any unauthorised third party use of, or reliance on, their materials or information.

While the company 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, the company , 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 the company 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. No liability will be accepted by the company to any person for loss or damages incurred as a result of any reliance or action taken regarding the information made available in this website. Past performance and historical data are not reliable indicators of future performance or returns. Any examples are provided for educational purposes only.

Network Integrity
While the company has taken reasonable steps to ensure the integrity of our computer networks, we are unable to guarantee files and attachments are free from contamination. Before opening any attachments or emails, or downloading files from the product, users should ensure they have precautions in place to protect against viral infection.

Linked third party websites
This website may contain links to other websites, however, we do not endorse, review, approve or accept any responsibility in relation to the operators of linked third party sites or the information and material on such sites, nor the products or services offered (except where expressly stated otherwise). To the extent permitted by law, the company and its respective directors, officers and agents disclaim all responsibility for any loss or damage which may be suffered by any person directly or indirectly through any person’s dealings with them or by use of the website whether that loss or damage is caused by any fault or negligence on the part of the company, its directors, officers and agents.

The User has a ten (10) day cooling off period once they have purchased EquitySmart in which they have an unconditional right to cancel the contract. Written confirmation within this period must be received to be valid. Any claim received outside the ten day cooling off period shall not be valid and will not be considered by the company.

Monthly Credit Card Charges
When you agree to subscribe to the Product, we will charge you a monthly, recurring fee which will give you access to the product. The User gives his/her full and unconditional permission and authorisation to withdraw and the credit card institution to pay the amount agreed, at the beginning of each month, where credit card details have been provided by the purchaser as their preferred method of payment. You acknowledge that the company who is the supplier of the data to you within the product has a no refund policy. You further acknowledge that the subscription can be started and stopped in blocks of 1(one) calendar months only, and only by applying in writing, email, fax, or letter giving a minimum of 14 days clear notice of your intention to suspend or cancel the subscription.

Other than any responsibilities implied by law which cannot be excluded, you agree to indemnify and hold the company, its affiliates, officers and agents harmless from any claim or demand, including reasonable legal fees, whatsoever arising out of or referable to material on this website or to any linked third party material, whether in contract, tort including negligence, statute or otherwise. You expressly understand and agree that your use of the service is at your sole risk and that this website is provided on an “as is” and “as available” basis.

The User agrees that under no circumstances will the company and/or any of its carriers, suppliers, officers, agents or contractors be liable or responsible in any way to the User or any other person or entity for any loss, damages, costs, expenses or other claims (including any special, indirect, consequential or incidental loss or damage to the User, including but not limited to loss of business opportunity, business interruption, lost profits or for punitive or exemplary damages), as a result, direct or indirect, of any defect, error, deficiency or discrepancy in the Service including their form, content and timeliness of delivery, including, without limitation, for or in relation to:

a.  any Product and/or Service supplied to the End User;
b.  any delay in supplying the Product and/or Service;
c.  any technical or non-technical failure; or
d.  any content or information accessed via any Product and/or Service with or without authorisation of the User.

Customer Support
Customer support and training is available business days Monday to Friday 9:00AM to 5:00PM AEST (+10GMT). For information on how to contact the Customer Support department please visit the Contact page.

All information and services contained within this website are governed by and are to be construed according to the laws applicable in the State of Queensland and the Commonwealth of Australia.

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"I would like to thank all the staff at EquitySmart for all your help. In only a few of months I started with no knowledge of the Stock Market and I am now trading with a very high success rate. EquitySmart is a great platform, with an excellent education course and fantastic ongoing support...."

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Denis L, Woodcroft

"Dear EquitySmart, I was extremely nervous and dubious as to whether I could learn a program like EquitySmart never mind entering a total different industry.  I have always worked in the health and wellness sector and didn't really take too much notice of the markets and financial industry.  My husband persuaded me to try it as he is too busy and we want to improve our financial situation as we lost a portion of our wealth immigrating ..."

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Sharon B, Bridgeman Downs

"I use EquitySmart nightly and it is great not to spend hours researching and looking over graphs as once you have set up your criteria EquitySmart will do it all for you and send an e-mail when a stop loss or buy signal is hit in the watch list or your portfolio, also the home screen notifies you as soon as you start the program. The program is great as being in the latter years and not a computer guru it is so easy to understand and use, the ..."

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Ron W, Walkerston

"I joined EquitySmart in June 2014 and since then I have not looked back. I find their software easy to use and it has given me great trades. Even on the days the market was falling I was able to find excellent opportunities. The support I get is also important to me, Jose made himself available to coach me and there is also a fortnightly webinar that keeps me focused. I am so happy with the results that I can now see my financial goals are very..."

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Rob K, Mudgeeraba

"I want to thank everyone at EquitySmart for the wonderful education and ongoing support you have given me. I have been actively trading for about 4 months now and just made my most significant gain yet. I realise, as you have often repeated, it is not the stock or my move, but the market timing and trend. In addition, by following your education, I have had very few losses and those have been very minimal. A lot of my friends are so afraid of the..."

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M Henry, Kayleen

"Can I also say how good EquitySmart is – a definite improvement on other programs. EquitySmart is much easier. Only including the initial bull signal for the scan reduces the overall scan results down to a much more manageable number. Once you have selected the stocks for the watchlist and set high/lows, then the watchlist itself is easy to view and maintain. I also like the way the portfolio is set out and how it shows clearly where your ..."

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Karen, Liverpool UK

"...with their understanding, perseverance, and the general follow-up with help, large problems became small. Courtesy, care and patience always present, nothing left unsolved...."

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Iris K, Prospect

"Overall, I think EquitySmart is magnificent. All the staff that I have had anything to do with regarding my problems from time to time, have been like yourself - the best there is. Thank You all so much again, I am truly grateful...."

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Lindsay H, Invermay Park

"I was an absolute trading novice when I purchased the EquitySmart programme, apart from severe losses through managed funds. I became determined to manage my money myself, and remain humbly committed to successful trading. There is much to learn, and Jose has been an excellent mentor with undying patience, running fortnightly helpful webinars, and ongoing help whenever needed. I nervously placed my first trade late October 2013. This took me ..."

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Sandra F, Croydon North

"This is just to thank EquitySmart for the webinars and confirm that they are most welcome and extremely important to keep improving our trading ability. Trading can be very disheartening without continued support. Most of the feedback we hear form friends tend to be on the negative in the long run! Once again thank you very much for your great support, the quality of the webinars is great and much appreciated...."

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Fred G, Wantirna