Terms And Conditions
This is a legal agreement between you (the User) and Us (The Wizard Trader Pty Ltd).
We operate this Website (www.BlastChart.com). The BlastChart Website is offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained below. Your use of the BlastChart Website constitutes your agreement to all such terms, conditions, and notices.
By using or copying content from the Website or by downloading, installing and using the Software or any part thereof, you agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions: do not use or copy the Website the Services or the Communication Services, do not download the Software, and delete any BlastChart Software that you have in your possession or under your control.
- The Wizard Trader Pty Ltd (Australian Business Number) ABN 76 145 299 154 is the legal owner of holder of this BlastChart Wwebebsite. All references to “Us” or “We” refers to The Wizard Trader Pty Ltd.
- The “BlastChart Licence Fee” means a one-time licence fee payable in advance to Us by you for the Software.
- The “Content” refers to all information and materials displayed at the Website from time to time which is owned by or licenced to Us.
- The “Services” means licence to use the BlastChart Software and the Content.
- The “Software” refers to the copyright and other intellectual property rights owned or licenced to be used by Us being the BlastChart Software including a Windows Charting and Data Management Software package; Data Services from the server at BlastChart and on which the Charting Software uses; Scanning and Back Testing software modules, and also includes all documentation for BlastChart Software and BlastChart Website.
- The “Terms and Conditions” refers to these terms and conditions and the summary entitled “Software User Acceptance Checking”.
- The “Website” refers to the BlastChart Website at www.blastchart.com and includes all materials and content displayed on the Website
- The “Communication Services” refers to the Website which may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group and Communication Services refers to any post on any of these facilities.
- “You” refers to the user of the Software, Services, Communication Services and Website.
Licence and Permitted Uses of Software
In consideration of payment of the BlastChart Licence Fee we grant to the User a worldwide non-exclusive, non transferable licence of the current version of the Software.
The Software is for your personal use only. You may install the Software on 2 computers. The Software is designed so you can use a copy at home on your home computer, and within the terms of this licence , your work computer. Further you may make one (1) copy being a backup of the software providing you are the sole owner and keep it in your possession.
Links To Third Party Sites
The Website may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of Us and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for web casting or any other form of transmission received from any Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Us of the site or any association with its operators.
No Unlawful Or Prohibited Use
As a condition of your use of the Website, you may not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website.
You may not obtain or attempt to obtain any Content through any means not intentionally made available or provided for through the Website.
You may not edit or modify the Software in any manner whatsoever. You may not market, distribute, sublicense, lease, or rent the Software to a third party without the express, signed, written agreement of Us. You may not reverse engineer, decompile, or disassemble the Software, and you may not use the Software in connection with any purpose or in connection with any Internet site that is likely to:
- Infringe any intellectual property rights of Us or any other third party; or
- Violate any applicable law of the Commonwealth of Australia or any State or Territory of Australia; or
- Promote racism, hatred, or pornography.
Copyright And Trademark Notice
We have exclusive rights to publish and reproduce the Software, to assign, lease or licence others to use or deal with the Software, and/or to restrict any person or legal entity from using or dealing with the Software.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Use Of Communication Services
As an additional facility for the benefit of the User We provide the Communication Services. However at our absolute discretion the Communication Services can cease or be suspended at anytime.
You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
We reserve the right at all times to:
- Review materials posted to a Communication Service and to remove any materials in its sole discretion.
- Terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
- To disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
(Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service.)
We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized spokespersons, and their views do not necessarily reflect our views.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination.
You are responsible for adhering to such limitations if you download the materials.
Materials Provided To Or Posted At Any BlastChart Website
We do not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sublicensees permission to use your Submission to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time at our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
If you do not agree to this use of any such submission please do not post submissions.
Financial Risk in Trading and Investing
Trading and investing involves substantial risk. Financial loss, even above the amount invested, is possible and common.
Prior successes and past performance with regards to earnings and income are not an indication of potential future success or performance. There can be no assurances of future success or performance and we will not be responsible for the success or failure of any individual or entity which implements information received from this site.
We do not imply, predict, or guarantee that you will be successful in earning any money whatsoever. If you rely upon any figures or information on this site, you must accept the risk of substantial trading losses.
We do Not Provide Financial Advice
We are neither licensed nor qualified to provide investment advice. The information contained on this site is for informational and educational purposes only. We are not registered as a securities broker-dealer or as investment advisers, either in USA with the U.S. Securities and Exchange Commission nor in Australia with ASIC as a registered Australian Financial Services License entity.
Seek the services of a competent professional person before investing or trading with money and you must rely on your own skill and judgement and you should fully understand the market risk.
Neither the information contained on this site, nor in any other place, is provided to any particular individual with a view toward their individual circumstances and nothing on this site should be construed as investment or trading advice. Verify information on this site by your own independent research and advice. There is a substantial risk for loss when trading securities as they are highly susceptible to the risks and uncertainties of certain economic conditions. For all these reasons and others, your use of the information provided on this site, or any other products or services, should be based upon your own due diligence and judgement of how best to use the information, and subsequently independently verified by a licensed broker, investment advisor or financial planner.
Any statements and/or examples of earnings or income, including hypothetical or simulated performance results, are solely for illustrative purposes and are not to be considered as average earnings.
Hypothetical or simulated performance results have certain inherent limitations. 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 under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
Warranty and Cancellation
We warrant that the Software will perform substantially in accordance with the accompanying documentation for a period of 30 days from the date of this Agreement.
If for any reason you are not entirely satisfied with the Services you may by written notice within seven (7) days cancel and we will refund you in full any money paid by you to us.
Except where any applicable law does not allow any such limitation or exclusion and to the maximum extent permitted by any applicable law, our liability to you for any losses shall be limited to and in no case will exceed the amount originally paid for the Software or if no money was paid to an amount equivalent to the price to purchase a licence to use the Software at the time that the alleged loss occurred. (“Liability Limitation”).
SUBJECT TO OUR LIABILITY LIMITATION to the maximum extent permitted by applicable law, in no event shall we and/or our suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of Website or Software, with the delay or inability to use the Website or the Software or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any of our suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
We reserve the right, in Our sole discretion, to suspend or terminate your access to the Website and the related services or any portion thereof at any time, without notice.
Neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications and data providers).
Each party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
To the maximum extent permitted by law, the Terms and Conditions are governed by and must be constructed according to the laws of Queensland, Australia, and you hereby consent to the exclusive jurisdiction of the courts of that State.
Failure by any party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or the right at any time subsequently to enforce all terms and conditions of this Agreement.
If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant to the Competition and Consumer Act 2010 or other applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
It is agreed that words in the singular include plural and vice versa; references to a person include trusts, companies associations, and partners. The reference to a dollar is $AUD or equivalent.
We reserve the right to change the terms, conditions, and notices under which the Software, Services, Communication Services and Website are offered or available for use by you.
Unless otherwise specified herein, these terms and conditions constitutes the entire agreement between you and Us with respect to the Software, Services, Communication Services and Website and it supersedes all prior or contemporaneous communications and proposals (if any), whether electronic, oral or written, between Us and you with respect to the Software, Services, Communication Services and Website.
Software User Acceptance Confirmation
(This confirmation is asked by BlastChart Software, when the application is first run. It is printed here for clarity.)
This program and content is provided by The Wizard Trader Pty. Ltd for educational and informational purposes to assist the User. The Wizard Trader Pty. Ltd. offers no investment, tax or legal advice, and nothing in this material should be construed as such. Interpretation and use of the data or analysis is at the user's own risk utilising the the user’s own skill and judgement .
The Wizard Trader Pty. Ltd. is not responsible for any losses that occur from such investments made by the User. All information and content used in this program is obtained from sources believed to be accurate and reliable. However, errors or omissions are possible due to human and/or mechanical error.
All information is provided "as is" without warranty of any kind. The Wizard Trader Pty. Ltd. and its information partners make no representations as to accuracy, completeness, or timeliness of the material. The Wizard Trader Pty. Ltd. reserves the right, in its sole discretion and without any obligation, to change, make improvements to, or correct any errors or omissions in any portion of the services at any times.
Checking the "I agree" checkbox and clicking on the "Submit" button on this page confirms that you have read and accept our Terms and Conditions which you have read and this disclaimer.