TERMS AND CONDITIONS:

MURPHY INVESTMENT ENTERPRISES PTY LTD – TERMS AND CONDITIONS

Disclaimer

You agree that any information contained on the Site and any materials provided with our Services (collectively Materials) are not intended to provide legal, tax or financial advice. We are not a financial planner, broker or tax advisor. The Materials are general information only. The Materials have not been adapted to your personal circumstances; your personal financial situation is unique, and any information and advice obtained through the Materials may not be appropriate for your situation. Accordingly, before making any financial decision or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisors who can provide you with personalised advice.

If you choose to make use of the Materials, you do so at your own risk. To the extent permitted by law, we do not assume any responsibility or liability, and you waive and release us from all responsibility or liability, arising from or connected with your use or reliance on the Materials provided by us. It is your sole responsibility to determine the suitability, reliability and usefulness of the Materials.

Key Terms:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

• We offer a subscription service, and by placing a subscription order with us, you are agreeing to order Subscription Services from us on an ongoing basis;

• When you sign up for a Subscription Service, we may pre-authorise or charge your payment method for a nominal amount to verify the payment method;

• Our liability under these terms is limited to the price paid by you for the services the subject of the relevant claim, and we will not be liable for consequential loss; and

• We may amend the Subscription Service (including any features) or the Subscription Fee at any time, by providing written notice to you. If you do not agree to the amendments, you may terminate your Subscription Service in accordance with these Terms.

Nothing in these terms limit your rights under the Australian Consumer Law.

1 Introduction

(a) This website (Site) is operated by Murphy Investment Enterprises Pty Ltd (ABN 55 655 183 994) (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for services through the Site.

2 Use of the Site

(a) You accept these Terms by placing an order via the Site.

(b) You must not use the Site and/or place an order for services through the Site unless you are at least 18 years old.

(1) anything that would constitute a breach of an individual’s privacy or any other legal rights;

(2) using the Site to defame, harass, threaten, menace or offend any person;

(3) using the Site for unlawful purposes;

(4) interfering with any user of the Site;

(5) tampering with or modifying the Site (including by transmitting viruses and using trojan horses);

(6) using the Site to send unsolicited electronic messages;

(7) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or

(8) facilitating or assisting a third party to do any of the above acts.

3 Services and Subscriptions

(a) When you sign-up for the services you may choose a custom service (Custom Service) or subscription service (Subscription Service) (together the Services). The Services and Fees are set out on the Site.

(b) If you choose a Subscription Service, you will be on a monthly subscription period (this is your Subscription Service Billing Cycle). At the end of each Billing Cycle your Subscription Service will automatically extend for a further Billing Cycle, unless you or we terminate these Terms in accordance with these Terms.

(c) You agree that we may amend the Subscription Service (including any features) or the Subscription Fee at any time, by providing written notice to you and you accept the amendments to the Subscription Service or the Subscription Fee by continuing to use the Subscription Service after the notice or 30 days after the notice (whichever date is earlier). If you do not agree to the amendments, you may terminate your Subscription Service in accordance with these Terms.

(d) The information provided to you as part of the Services is for educational purposes and guidance only. It is not considered financial advice and you should obtain additional information and advice from your accountant or other financial advisors who can provide you with personalised advice tailored towards your specific circumstances.

4 Fees and payment

Custom Service

(a) You must pay us the fee for each Custom Service you order as set out on the Site (the Custom Fee) in accordance with this clause.

(b) You must pay the Custom Fee upfront using one of the methods set out on the Site.

Subscription Service

(c) You must pay us a recurring fee when you sign up for our Subscription Service (Subscription Fee). The Subscription Fee is payable on the date you subscribe to the Subscription Service and then in advance of the next Billing Cycle for your Subscription Service (Payment Date). In some cases, your Payment Date may change, for example, if payment is unable to be processed or if your Subscription Service began on a day not contained in a given month, or if your Payment Date falls on a weekend or public holiday (in which case you will be charged on the next working day).

(d) When you sign up for a subscription, we may pre-authorise or charge your payment method for a nominal amount to verify the payment method.

General

(e) In these Terms, the Fees mean the Custom Fee or Subscription Fee paid by you. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).

(f) You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

(g) The payment methods we offer are set out on the Site. We may offer payment through a third-party provider. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

(h) We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.

5 Third Party Inputs and Disclaimer

(a) You agree that the provision of the Services includes services provided by third parties which the provision of the Services may be contingent on, or impacted by including for example TradingView or other financial information aggregators (Third Party Inputs).

(b) You agree that the provision of the Services include Third Party Inputs that interface, or interoperate, with the Services, including third party software or services and third party aggregators of data that the provision of the Services may be contingent on, limited to or impacted by, Third Party Inputs.

(c) You must comply with our instructions and directions, whether written or verbal, in relation to use of any Third Party Inputs. Where we provide you with any terms and conditions for use of these Third Party Inputs, you agree that you will comply with these and are liable for any damages and/or loss that we incur as a result of any non-compliance by you.

(d) To the extent permitted by law, we cannot guarantee that any of the information available through our Services is accurate, reliable, current, complete or suitable for any particular purposes or needs. The data we display through the Services is an aggregation of data provided by Third Party Inputs and other publicly available sources, such as stock exchanges, market data providers and aggregators. There may be delays in the updating of data through Third Party Inputs and data provided by Third Party Inputs may contain errors.

(e) We do not provide and our Services should not be construed as financial advice or recommendations to buy or sell particular investments and you cannot rely on our Services as such. Any trading involves a risk of substantial losses and you should consult financial professionals before making any investment decisions.

6 Your Obligations

(a) You warrant, represent and agree:

(1) that you have reviewed and understand these Terms (including our Privacy Policy), and will use the Services in accordance with them, our reasonable requests or requirements, and all applicable laws;

(2) you will be responsible for the use of any part of the Services, and you must ensure that no person uses any part of the Services to break any Law or infringe any person’s rights (including Intellectual Property Rights and privacy rights) or in any way that damages, interferes with or interrupts the supply of the Services;

(3) to cooperate with us and provide all assistance, resources, data, people, information, facilities, access and documentation reasonably necessary to enable us to comply with our obligations under these Terms, in a timely manner;

(4) all information and documentation that you provide to us in connection with these Terms is true, correct and complete and that we will rely on such information and documentation in order to provide the Services;

(5) you have not relied on any representations or warranties made by us in relation to the Services (including as to whether the Services are or will be fit or suitable for your particular purposes) or any Third Party Inputs, unless expressly stipulated in these Terms;

(6) you have not made any representations or warranties to any third parties that could be construed as being representations or warranties from us in relation to the Services or any other matter;

(7) you are responsible for how you use the Services;

(8) the Services and any associated programs and files are used at your own risk;

(9) the Services are provided to you solely for your benefit and you will not (or you will not attempt to) disclose, or provide access to, our Services to third parties without our prior written consent.

7 Termination

(a) You may terminate your Subscription Service and these Terms at any time by notifying us via the email set out at the bottom of these Terms.

(b) You agree that other than where termination is due to our breach of these Terms or where you have terminated in accordance with clause 3(c), and to the maximum extent permitted by law, any payments made by you to us (including any Fees) are not refundable to you.

(c) These Terms will terminate immediately upon written notice by us, if you breach any provision of these Terms and that breach has not been remedied within 5 Business Days of being notified by us.

8 Intellectual property

(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Site, and the Services) (Our Intellectual Property) will at all times vest, or remain vested, in us.

(b) We authorise you to use Our Intellectual Property solely for your own personal, non-commercial use, and in the manner in which it was intended to be used.

(1) copy, modify, adapt, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble or decompile the Services (or any part of the Services) or otherwise attempt to discover any part of the source code of Our Intellectual Property;

(2) use any unauthorised, modified version of the Services, including (without limitation) for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to the Services;

(3) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party;

(4) rent the use of the Services to any third parties;

(5) use the Services in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing; or

(6) breach any intellectual property rights connected with the Site or the services, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

9 Satisfaction Guarantee

(a) In addition to your Consumer Law Rights under the ACL as set out below, if you are not satisfied with our Subscription Service, we agree to offer you a satisfaction guarantee (Satisfaction Guarantee) as set out in this clause 9.

(b) Subject to the conditions as set out below, where you are not satisfied with the results of the Subscription Service at the end of a calendar month, you may apply for the Satisfaction Guarantee, which may entitle you to a credit of the Subscription Fee for the following calendar month only.

(1) contact us, via the email below, within 14 days after the end of the relevant calendar month of your Subscription Service;

(2) demonstrate that you have complied with at least 90% of our suggestions contained in the Materials (including our instructions and directions in relation to the use of any Third Party Inputs), which resulted in a trading loss for the relevant calendar month; and

(3) provide evidence of your relevant calendar month Subscription Service trading history for which the Satisfaction Guarantee is being claimed, to prove your compliance with clause 9(c).

(d) We will assess your claim for the Satisfaction Guarantee within 14 days of receipt of the claim.

(e) Where we accept your claim under clause 9, we will credit your Subscription Fee for the following calendar month only.

(f) The Satisfaction Guarantee does not cover any:

(1) calendar month that you make a profit, as evidenced in your trading history, from our suggestions contained in the Materials provided as part of the Subscription Services;

(2) failure on your part to follow any instructions or guidelines (including any Materials) provided by us in relation to the Subscription Services;

(3) use of the Subscription Services otherwise than for any application or use specified by us; or

(4) you cannot claim this Satisfaction Guarantee if you are in breach of these Terms in any way or are in arrears for any Subscription Services payment.

10 Australian Consumer Law

(a) Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

(1) to cancel your service contract with us; and

(2) to a refund for the unused portion, or to compensation for its reduced value.

(b) You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

(c) Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Services by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).

(d) If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

(e) We do not accept refunds for change of mind or other circumstances however you may have rights under the Australian Consumer Law in addition to this clause.

11 Limitations

(a) You may have rights under the Australian Consumer Law (see above), and nothing in this Limitations clause attempts to modify or exclude those rights.

(b) Despite anything to the contrary, to the maximum extent permitted by law:

(1) our maximum aggregate liability arising from or in connection with the Terms (including the Services and/or the subject matter of the Terms) will be limited to, and must not exceed, the portion of the Fees paid by you to us for the Services the subject of the relevant claim; and

(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,

whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

(c) Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any liability caused or contributed to by, arising from or connected with any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.

12 General

(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).

(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

(c) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.

(d) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(e) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.

(f) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.

(g) Governing law: These Terms are governed by the laws of Western Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australia and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place you access the Site.

(h) Third party sites: The Site may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

For any questions and notices, please contact us at:

Murphy Investment Enterprises Pty Ltd (ABN 55 655 183 994)

Phone: 0482 175 780

Email: support@theachievementapex.com

Last update: 7 January 2022