- Terms and Conditions of purchase
- Privacy Policy
- Delivery Instructions & Timeframe
TERMS & CONDITIONS OF PURCHASE
On application of purchase, the student must sign the following Non-Disclosure and Non-Compete Agreement. Please read carefully:
Please note that as Traders International Pty Ltd is licensed with ASIC all Australian students are also covered by Australian Consumer law.
NON-DISCLOSURE AND NON-COMPETE AGREEMENT
This Agreement is entered into this _____ day of _______________, 200__, between Traders International, Ltd. (“Company”) and ________________________ (“Student”).
WHEREAS, Company offers a training course and support services designed to educate students regarding the trading techniques to be utilized in trading in certain futures contracts;
WHEREAS, Student desires to enroll in Company’s training course; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, Company and Student agree as follows:
I. Training Course
A. Upon the Company’s acceptance of this Agreement, the Company agrees to provide to the Student with instruction in trading via an online eCourse or in a manner selected by the Company. The Company shall provide the Student with materials as the Company deems necessary to instruct and inform the Student.
B. Upon completion of the eCourse set forth in paragraph I.A., above, the Company shall provide the Student with materials to allow the Student to participate in trading simulations. The Company will provide the Student with access to the 24/5 Live Trading Room for a period of five weeks (the "training period"), from the date the student activates his/her access. At the commencement of the 3rd week, student also receives access to the PRO Trading Room (the advanced training room) for three weeks. It is understood that the instructors will not provide advice or counsel in the form of trading recommendations.
II. Payment
In consideration for receiving the materials and services set forth in paragraph I., Student agrees to pay the sum of $7,750.00 AUD to the Company. No refund will be given for any reason after the student receives the course materials.
III. Non-Disclosure of Proprietary Information
Student acknowledges and understands that Company has devoted a substantial amount of time and effort, and has incurred substantial costs, in developing the course materials, the support services, and all information developed in connection with the training (“Proprietary Information”).
Company’s Proprietary Information includes, without limitation, training course, all written training course materials, marketing and advertising materials and methods, trading methods developed by Company, methods of operations, publications, and business practices. Company derives economic value, both actual and potential, from not having its Proprietary Information generally known or ascertainable by other persons who can obtain economic value from its disclosure or use.
Additionally, Company has made substantial efforts to ensure that its Proprietary Information remains secret. Student understands that during the training course he/she will gain access to Company’s Proprietary Information. While Student is certainly entitled, and in fact encouraged, to utilize all of the information obtained through the training course in pursuing his/her goal of learning successfully to trade futures contracts, Student covenants that he/she will not use said Proprietary Information for any purpose inconsistent with the terms and spirit of this Agreement. Specifically, Student agrees that he/she shall not for any reason, at any time, without the written consent of Company, disclose to any person or entity any of Company’s Proprietary Information.
IV. Covenant Not to Utilize Proprietary Information to Compete with Company
Student covenants that he/she is enrolling in the training course for the sole purpose of becoming educated with the personal goal of learning to trade futures contracts. Student covenants that he/she is not enrolling in the training course for reasons associated with competing with Company’s business enterprise or otherwise obtaining Company’s Proprietary Information for any use inconsistent with the teachings of this training course. Student acknowledges and agrees that Company has a valid and protectable interest in preserving its business enterprise of offering training courses that teach trading methodologies. Consistent with the foregoing, Student agrees, that for a period of three (3) years after Student enrolls in Company’s training course, he/she will not, directly or indirectly, on behalf of himself or on behalf of or in conjunction with others, as principal, agent, servant, or otherwise, to engage in, or have an interest in, the same or competitive line of business, such as trading hotline, chat room, trading software, or similar business enterprise, now carried on by Company anywhere in the world.
V. Reasonableness and Enforceability
The parties hereto have attempted to limit the restrictive covenants set forth in this Agreement to the extent necessary reasonably to protect Company’s legitimate business interests. Student acknowledges that the scope of paragraph III, restricting the disclosure of Company’s Proprietary Information, is reasonable. Student also acknowledges that the scope of paragraph IV, restricting the use of Company’s Proprietary Information to compete against the Company, is also reasonable. Notwithstanding the foregoing, the parties recognize that reasonable people may differ in making such a determination. Consequently, the parties hereby agree that if the scope or enforceability of the covenants set forth in this Agreement is in any way disputed at any time, a court or other trier-of-fact may modify and enforce the covenants to the extent that it believes the covenants to be reasonable under the circumstances existing at that time.
VI. Representation
By executing this Agreement, Student represents that:
A. No one affiliated with the Company has guaranteed that utilizing the Company’s trading course will result in profits, or avoid losses;
B. Student is aware that futures trading involves substantial risk of loss;
C. If Student decides to open a trading account, Student will fund such an account exclusively with risk capital;
D. Student is aware that the Company is not registered with the Commodity Futures Trading Commission and is not a member of the National Futures Association, and thus Student will not be afforded certain additional regulatory protections;
E. Any reliance on information provided by the Company is at the sole risk of the Student, and if Student participates in transactions based on such information, Student does so at his or her own risk, and that the Company is in no way responsible for any losses incurred by virtue of Student’s participation in such transactions; and
F. Student understands that the Company is not in any way affiliated with or the agent of any futures commission merchant, introducing broker, commodity trading advisor, and/or commodity pool operator, and thus Student agrees to indemnify and hold the Company harmless for the acts of such entities or individuals.
G. Student understands that if he / she opens a trading account, the Company is not responsible for losses incurred by Student as the result of adverse market conditions, poor order execution, data feed problems, technical difficulties, market disruptions or suspensions, or any other circumstances which may occur which may have the effect of hindering Student’s trading.
H. Student understands that if he / she opens a trading account, Student will be charged brokerage commissions per each contract which will limit the student’s ability to profit.
I. Student understands that if he / she opens a trading account, market conditions may make it difficult or impossible for Student to affect trades at desired prices which will limit Student’s ability to profit.
J. Student understands that the Company only provides the chart based on eSignal or FutureSource, Incorporated. If Student prefers to use any other vendor for real time charting data, it will be the student’s responsibility to set up the charts and indicators.
K. Student has read and understood all of risk disclosures set forth in the Company’s website, www.TradersInternational.com with regard to futures trading.
L. Student understands that Student’s representations set forth in this paragraph and in this Agreement are conditions precedent without which the Company will not enter into this Agreement.
VII. Dispute Resolution
A. General. Any controversy which touches or concerns this Agreement or Student's enrollment in Company's training course to any degree, however slight, whether it be between Student and Company or any of its shareholders, directors, officers, employees, agents, or affiliates, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association under its rules for commercial disputes. Any arbitration shall take place in Houston, Texas, or as otherwise agreed by the parties.
B. Relief. In any such controversy, the arbitrator may grant any relief, legal or equitable, interim or final, which could be granted by a court of competent jurisdiction. Further, the parties shall have the right to enforce this Agreement and to recover their respective costs and attorney fees incurred in enforcement, including any confirmation, modification, or vacatur proceeding or appeal from such proceeding. Moreover, this clause shall not preclude either party from seeking preliminary injunctive relief from any state or federal court in Harris County, Texas, the parties consenting to the jurisdiction of such court. C. Authority. This Agreement shall be governed by and interpreted according to the laws of the United States of America and to the laws of the State of Texas. Additionally, this arbitration provision shall survive the termination of this Agreement and is governed by the Federal Arbitration Act. Student waives any objections, which he/she may have based on improper venue or forum non-conveniens.
VIII. Term
The term of the Agreement shall commence on the date set forth above and continue in full force and effect consistent with the terms and the scope of the restrictive covenants set forth in Sections IV and V, above.
IX. Waiver
The failure of either party to exercise any right or remedy available to it under this Agreement or at law shall not constitute a waiver of the later exercise thereof.
X. Severability
Any invalid or unenforceable provision of this Agreement shall not affect any other provision hereunder and the remainder of the Agreement shall be valid and enforceable to the fullest extent permitted by law. If any provision of this Agreement is held to be over broad, invalid or unenforceable by a court of competent jurisdiction, Company and Student agree that the court may modify or amend such provision to allow for enforcement to the maximum extent permitted under the law.
XI. Entire Agreement
This Agreement contains the entire understanding of the parties and may only be modified by a written instrument signed by both parties. Further, this Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors, and assigns.
XII. Counterparts
This Agreement may be executed in two or more counterparts, any one of which shall be deemed the original without reference to the others.
Privacy Policy
Last modified: October 2, 2008
At Traders International we recognise that privacy is important. This Privacy Policy applies to all of the products, services and websites offered by Traders International Pty Ltd or it's affiliated companies.
If you have any questions about this Privacy Policy, please feel free to contact us through our website or write to us at
Privacy Matters
c/o Traders International
PO Box 1616
Mooloolaba QLD 4567
AUSTRALIA
We offer a number of services that do not require you to register for an account or provide any personal information to us, such as the Live Signal Results and a number of educational on-line videos. In order to provide our full range of services, we may collect the following types of information:
Information that you provide when registering for promotional products or services will only be used for information and promotional services that directly relate to your registered interest.
Traders International only processes personal information for the purposes described in this Privacy Policy and/or the supplementary privacy notices for specific services. In addition to the above, such purposes include:
Providing our services to users, research and analysis in order to improve our services; promotion of the Traders International Program.
Traders International does not sell, distribute or disclose your personal information for any reason and to un-subscribe from our mailing list please click on the un-subscribe link at the bottom of the relevant email.
Delivery Instructions & Timeframe
On completion of the membership application and full payment of chosen payment option has been received. The student can expect to receive their eLearning Course, Member Username and Password via their chosen email address with in 2 working days (Mon-Fri).
If you do not receive the registration email containing the eLearning course and username then please call the Accounts department on 1300 761 710 or email
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All course material is accessed on-line except for the special conferences which are held at chosen destinations at least once a year. For more information about the upcoming member conferences please email
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.
Refunds & Returns Policy
Due to the educational nature of the Traders International Program, once having accessed the eLearning Program refunds are not granted, other than exceptional personal circumstances or in accessibility / non-availability of broadband. If you are a member of Traders International and you are having difficulties with the program please call our wonderful member support team on 1300 761 710 or email
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and they will endeveour to help you through any issues that you are experiencing.
If you have explored all possible solutions with Member Support and have not come to a suitable solution, please send an email to
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outlining in detail any issues for resolution.
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