Terms and
conditions

Application of The Chartist Terms and Conditions

The Chartist Terms and Conditions apply to the websites www.thechartist.com.au, www.edu.thechartist.com.au and www.tradelongterm.com together with any members areas, student areas, social media platforms, forums, blogs or other public access areas related to these websites (collectively called ‘website’ or ‘online services’).

The business that provides this website and other online services

This website is made available by The Chartist Pty Ltd (The Chartist) ABN 40 641 323 051, 13 Angler Street, Noosa Heads QLD 4567 Australia.

The Chartist Pty Ltd is a Corporate Authorised Representative (CAR No. 1282007) of Shartru Wealth Management Pty Ltd ABN 46 158 536 871, AFSL 422409.

You can contact us or call +61 7 5473 5743.

When you read words “us”, “our” or “we”, it means The Chartist, and the words “you”, “user” or “your” means you, the visitor to our website or online services. Reference to “you” or to “us” includes respective directors, employees, agents, successors and legal assigns.

By using this website, you are agreeing to be automatically bound by these terms and conditions. Our terms and conditions include:

• Terms of Use
• Membership terms and conditions
• Payments, Refunds and Shipping
• Privacy Policy
• Risk Disclosure Statement and Performance Disclaimer/ IMPORTANT INFORMATION
• Arrangements for Managing Conflicts of Interest
• Financial Services Guide

We encourage you to carefully read and understand these terms and conditions before using the website or any of our services.  If you don’t agree, your remedy is to stop using this website or our online services.

Entire Agreement

Unless otherwise specified, all of the terms and conditions applicable to our online services constitute the entire agreement between you and The Chartist with respect to our online services. We may update our terms and conditions from time to time and the new provisions will apply from the date they are updated. Members will receive notice of updates.

Feedback, comments or complaints

If you have any questions, please contact us or call us on +61 7 5473 5743 during usual business hours.

THE CHARTIST TERMS OF USE

[last updated November 2021]

No unlawful or prohibited use

As a condition of your use of our online services, you warrant that you will not use our online services for any purpose that is unlawful, or prohibited by these terms and conditions. You may not use our online services in any manner which could damage, disable, overburden, or impair our online services or interfere with any other party’s use and enjoyment of our online services.

You expressly agree not to:

• decompile, reverse engineer, or try to copy or imitate our online services or underlying content
• use the online services for any purpose other than personal use
• hack into areas of our online services that are not intentionally made available to you
• use the website as a lead generation tool for the benefit of your own business
• engage in any internal or external spamming, or other similar actions
• engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions
• use our online services in a manner that causes, or could cause, reputational damage or other harm to our business

Creating Your account

You agree to provide true and correct details when setting up your account. You acknowledge that The Chartist may require additional information from you to meet The Chartist’s compliance obligations. At a minimum, we must collect your full name, address and phone number before we can provide you with access to our services.

You agree that you will not share your username and password with anyone. You acknowledge that you will take all reasonable steps to ensure that no other person is able to access your account.

You agree that we can contact you as and when needed to provide the services offered by The Chartist via the email address that you use to set up your account. You acknowledge that it is your responsibility to keep your contact details up to date. Please read our privacy policy for details about how we collect, use and manage your personal information.

The Chartist membership terms and conditions apply to all member accounts.

Links disclaimer

Our online services may contain links to other websites (Linked Sites). The Linked Sites are not under our control, and we are not responsible for the contents of a Linked Site. We are not responsible for any form of transmission received from any Linked Site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

Copyright, Trademarks and other Intellectual Property

The Chartist owns the intellectual property rights in the contents of our online services, or has permission to use or display the material on our online services. You must not use, communicate, copy, display, distribute, modify, translate, reformat, incorporate into advertisements or other works, promote, create derivative works, or in any way exploit or allow others to exploit any of the content of our online services in whole or in part, except as expressly authorised by us.

Permission: Where we make information available for this purpose, you may access, download, or print material from the website for your personal use only. Commercial use of any sort, and sharing without prior permission, is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded or accessed from our online services or any site accessible through our online services. `

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to use our online services content or our intellectual property.

Please see our membership terms for additional obligations applying to members.

Copyright infringement

If you believe that there is material on our online services that infringes third party intellectual property rights, please contact us with sufficient information to enable us to determine who is the owner of the intellectual property. If we form the reasonable belief that there has been an infringement, then we will remove it from the website.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

Security

Where possible we aim to use Australian services or services that provide the option of data storage within Australia. This is not always possible and there may be times that your data is transferred, mirrored or copied across international borders. For example, our hosting partner is Google Cloud.

We make efforts to maintain the security of our online services. We arrange for encryption, firewall, antivirus, and spyware protection to the extent that we deem advisable to protect your personal information, the integrity of the website and conduct our business. However, we do not guarantee the security of the website, our records, or your content.

Continuous accessibility to the website is dependent upon third party services as well as our own internal scheduling. As a result, the website may be inaccessible from time to time.

We disclaim all liability for any computer virus or technological problems that were not intentionally caused by us or are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

Disclaimer

While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on our online services for any purpose, to the maximum extent permitted by applicable law, anything contained on our online services is provided “as is” without warranty or condition of any kind.

Referrals or introductions to third party services providers should not be taken as recommendations or endorsement by The Chartist. You still need to exercise your own judgment as to whether or not those products or services are right for you.

Anything available via our online services may include inaccuracies or typographical errors or information that is out of date, including expired time-sensitive data. Changes are periodically made to the information on and available via our online services.

ALL MATERIAL AVAILABLE VIA OUR ONLINE SERVICES ARE PROVIDED FOR YOUR INFORMATION ONLY. YOU ACKNOWLEDGE AND AGREE THAT NO INFORMATION OR ADVICE PROVIDED BY US CONSTITUTES MEDICAL, LEGAL ACCOUNTING OR TAILORED FINANCIAL ADVICE OR CREATES A WARRANTY OF ANY KIND WITH RESPECT TO OUR ONLINE SERVICES. YOU ACKNOWLEDGE THAT YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

This disclaimer applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our online services or the services found on our online services.

Limitation of liability

We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of our online services in any way, subject to the requirements of Australian Corporations Law.

Where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited at our discretion to the provision of those products or services again, or to a refund equal to the total amount paid by you for the particular product or service that is the subject of your complaint, even if those products or services were provided to you without cost.

This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement or your use of our online services.

Indemnity

To the extent that our act or omission (including negligent act or omission) has not contributed to the loss, you agree to indemnify and defend The Chartist from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

• your use of our online services
• your use of products or services included or advertised on our online services
• your breach of these terms and conditions
• your sharing of information where that sharing breaches obligations you have (this includes a breach of intellectual property rights, a breach of confidentiality or a privacy breach).

Applicable law

These terms are governed by the laws of Queensland and Australia. You agree to be subject to the jurisdiction of the courts of Queensland if there was a serious dispute between you and us.

You may provide notice to us through the contact us page or otherwise by email addressed to ‘The Manager, The Chartist’ and send to Trish Radge. We may provide notice to you via email or other electronic means.

Use of our online services is not authorized in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of our online services is unauthorised, it is your responsibility to stop using our online services.

Relationship

You agree that The Chartist is an independent supplier of products and services only and that no joint venture, partnership, employment, or agency relationship exists between you and The Chartist as a result of this agreement or your use of our online services.

Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our online services, or with regard to information provided to or gathered by us with respect to your use.

Validity

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, 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 terms and conditions will continue in effect.

MEMBERSHIP TERMS AND CONDITIONS

[last updated June 2024]

BY BECOMING A MEMBER OF THE CHARTIST YOU ACCEPT AND AGREE TO ALL THE CHARTIST TERMS AND CONDITIONS. The Chartist is intended for use by persons over the age of 18 years.

The Chartist provides members with access to information about trading strategies. The Chartist does not place any trades for you. As a member you will have access (consistent with your level of membership) to:

• An ASIC licenced financial services provider AFSL 422409
• A team with more than 100 years’ combined experience
• Courses and education about trading, trading systems and chart analysis
• Industry leading trading strategies and research
• Purpose built portfolio tracking software
• Member-only educational webinars on a variety of topics
• Fast and responsive support from the owners of the business so that you never get stuck
• Calculators to assist in estimating position sizes

How it works

Choose a course or membership subscription level that suits you. The Chartist currently offers:

• Trading System Mentor Course
• Beginner’s Guide to Building Trading Systems
• Annual or monthly Chartist Pro membership
• Annual or monthly Chartist AU membership
• Annual or monthly Chartist US membership
• Up to 14 day trial of Chartist Pro that rolls over into monthly Chartist Pro monthly subscription

You must read the User Guide and FAQs for each subscription product you use.  It is also recommended that you read the information about risk management provided for each subscription product.

Exclusions

The Chartist is not a broker and does not facilitate the placing of trades. If you plan to use the information available from The Chartist to trade, you will need to establish your own trading account. We may provide you with the contact details for one or more brokers we have worked with. You do not have to use our suggestions and, if you do, any relationship you start with that broker is solely your responsibility.

The Chartist does not provide data or analysis of every available stock. Information is provided only in respect of the strategies and research followed by The Chartist as any given point in time. There may be other trades or investments more suitable for your risk appetite or circumstances.

Your Licence to use The Chartist

The Chartist has invested significant time and money into developing the online services, which you acknowledge have commercial value to The Chartist.

When you become a member of The Chartist you purchase a licence to use The Chartist products and services available on the level of membership purchased by you. This does not provide you with ownership of any of the information made available by The Chartist. The Chartist retains all intellectual property rights in the systems and information made available by The Chartist. Please see our terms about Copyright, Trademarks and other Intellectual Property.

As part of your The Chartist membership you will gain access to confidential information, including passwords, access codes, usernames, models, systems, product information, documentation, material, ideas, trade secrets, concepts, know-how, dealings, marketing practices and technical, commercial, financial or legal information relating to the online services or the business operations of The Chartist. You must take reasonable precautions to maintain the confidentiality of and to prevent the disclosure or use of The Chartist confidential information. This obligation applies both during your membership or use of our online services and after you no longer use our online services.

The Chartist grants to you a non-transferable license to use The Chartist online services (including intellectual property and confidential information) for your own personal use and for no other purpose.

Limited Use

You must not distribute or make The Chartist online services available over a network where it could be used by multiple devices at the same time.

You must not rent, lease, lend, sell, redistribute or sublicense your access to The Chartist or any information made available to you by The Chartist.

You must not copy (except as expressly permitted by this license) decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of The Chartist materials, any updates, or any part thereof. Any attempt to do so is a violation of the rights of The Chartist. If you breach this restriction, you may be subject to prosecution and damages.

Termination of Access

This license is effective until terminated by you or The Chartist. Upon termination your access to The Chartist will end, including XL Automation software and any other services provided.

The Chartist reserves the right to change, suspend, remove, or disable access to your membership at any time without notice where it has formed the opinion that you have failed to comply with the terms and conditions. In no event will The Chartist be liable for the removal of or disabling of your access to any The Chartist membership. The Chartist may give notice that it will impose limits on the use of or access to certain online services, without liability.

Your rights under this license will terminate automatically at the end of your subscription period without notice from The Chartist if you cancel your membership. Upon termination of the license, you must stop using The Chartist and destroy all copies, full or partial, of The Chartist material.

Your responsibility as a member

You agree to keep your username and password secure and not to share access to The Chartist membership or materials with anyone who does not hold the same level of membership as you.

You agree that The Chartist and other The Chartist members are not responsible for any success or failure that you may have as a result of your access to or use of The Chartist materials and you agree not to hold The Chartist, and other The Chartist members liable or accountable in any way for the results you achieve.

You acknowledge that The Chartist is not qualified to provide legal, tax or accounting advice and the information provided to you by The Chartist is not intended as such. You agree to refer all of your specific legal, tax, accounting or financially related enquiries to appropriately qualified professionals.

You acknowledge that you have read and agree with the Risk Disclosure Statement and Performance Disclaimer.

You release The Chartist forever from all and any responsibility or liability for any losses claims or demands that may directly or indirectly occur as a result of you using the information obtained through The Chartist for any investment or other purposes, to the fullest extent permissible by law.

Trading System Mentor Course Forum

You agree not to use The Chartist forum or website in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party. The Chartist is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using The Chartist forum or website.

The Chartist may terminate your access to the forum without notice if you behave in a way that, in the sole opinion of The Chartist, detrimentally affects or may detrimentally affect the experience of any user of The Chartist forum or website.

The Chartist is not responsible for any content posted or discussed on the forum or for your, or any other persons, use of that content or discussion. Views held by users may not be the views held by The Chartist.

Your content

You warrant that you hold the necessary rights and interests to use any material you add to The Chartist (your content) and that no part of your content infringes any third party confidentiality, privacy or intellectual property rights, including copyright and trademark rights.

By submitting your content to The Chartist, you irrevocably grant The Chartist a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content. You indemnify The Chartist against any claims made for breach of confidentiality, privacy or intellectual property rights in respect of your content.

At our sole discretion we may remove or disable your content if we believe your content to be in violation of our terms and conditions. We are not obligated to return any of your content to you under any circumstances.

You acknowledge that any financial, private, sensitive or confidential information shared by you is done so at your own risk, and you release The Chartist from any liability for loss or damage suffered by you are a result of sharing that information.

COPYRIGHT AND CONFIDENTIALITY AGREEMENT

Copyright, Trademarks and other Intellectual Property

The Chartist owns the intellectual property rights in the contents of our online services, or has permission to use or display the material on our online services. You must not use, communicate, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of the content of our online services in whole or in part, except as expressly authorised by us.

Permission: Where we have made content available for this purpose, you may access, download, or print material from the website for your personal use only. Commercial use of any sort, and sharing without prior permission, is expressly prohibited. You agree not to change or delete any copyright or proprietary notice from materials downloaded from our online services or any site accessible through our online services. `

Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to use our online services content or our intellectual property.

Please see our membership terms for additional obligations applying to members.

Copyright infringement

If you believe that there is material on our online services that infringes third party intellectual property rights, please contact us with sufficient information to enable us to determine who is the owner of the intellectual property and to form the reasonable belief that there has been an infringement, then we will remove it from The Chartist website.

Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.

PAYMENTS AND REFUNDS

[Last updated June 2024]

Payments

Payment can be made by credit card, PayPal or direct deposit. All prices are listed inclusive of applicable GST. Payment is made in advance.

Membership renewal will occur automatically. You authorise The Chartist to debit your account on the monthly or annual cost of your chosen membership (as applicable) on the monthly or annual anniversary of the date you joined The Chartist. If payment is declined, your access to The Chartist will be suspended until your payment has been updated.

You will receive notice of any changes in membership fees and will have the opportunity to cancel your membership before those fees come into effect.

If a subscription commences with a free trial period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you prior to the end of the free trial period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.

Cancellation

You can cancel your membership here at any time. Once you cancel your membership, your access to The Chartist will continue until your membership expires except for the trial membership where your access will be cancelled immediately.

Refunds

We’ve put a great deal of work into creating a fantastic product for you to use and all of the value in The Chartist resources are available to you as soon as you login. During the 14 day trial period you can review our material to work out whether or not our content is right for you. You have that time to make a clear decision as to whether or not you are going to proceed.

If you continue with us after the 14 day trial, you’re in! It is then up to you to make the best use of our material. If you choose not to do anything from that time forward, for whatever reason, that is your choice. We’re happy to support people using our material. We don’t provide refunds simply because your circumstances have changed or you change your mind.

You can cancel your membership here at any time. There are no refunds on monthly memberships.

You may request a refund on your annual membership if your request is received within 30 days of your first membership payment. The amount refunded will be the annual fee less an administration fee of $198. (eg. $1980 less $198 = refund of $1782 for the Chartist Pro.)

There is no refund on eBooks, Turnkey Code, the Chartist Smart API or the Trading System Mentor Course.

RISK DISCLOSURE STATEMENT

RISK DISCLOSURE STATEMENT AND PERFORMANCE DISCLAIMER

[Last updated June 2024]

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR ONLINE ADVISORY SERVICES IS AT YOUR OWN RISK.

IT IS UP TO YOU TO MAKE THE DECISION WHETHER OR NOT TO ACT ON A RECOMMENDATION TO TRADE. We provide information which may help you to make that decision.

The Chartist, Trade Long Term and NickRadge.com are all trading names of The Chartist Pty Ltd.

ALL MATERIAL HAS BEEN PREPARED BASED ON INFORMATION BELIEVED TO BE ACCURATE AT THE TIME OF PUBLICATION. SUBSEQUENT CHANGES IN CIRCUMSTANCES AND THE MARKET MAY OCCUR AT ANY TIME AND MAY IMPACT THE ACCURACY OF THIS INFORMATION.

PAST RESULTS ARE NOT INDICATIVE OF FUTURE PERFORMANCE.

Information containing hypothetical or simulated results has limitations and may not represent actual trading. Since the trades have not actually been executed in the market, the results may under or over-compensate for the impact (if any) of certain market factors, such as lack of liquidity. Simulated trading programs are generally designed with the benefit of hindsight and without the need to predict which way the market may turn. NO REPRESENTATION IS MADE THAT ANY TRADING STRATEGY WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.

THE RISK OF LOSS IN TRADING SECURITIES AND DERIVATIVES, (SUCH AS FUTURES, OPTIONS AND CONTRACTS FOR DIFFERENCE) CAN BE SUBSTANTIAL. You should carefully consider your objectives, financial situation, needs and any other relevant personal circumstances to determine whether trading is suitable for you.

THE RISK OF LOSS IN TRADING SECURITIES IS LIMITED TO THE AMOUNT INVESTED. HOWEVER, THE RISK OF LOSS IN TRADING DERIVATIVES MAY NOT BE LIMITED. THIS MEANS YOU MAY LOSE MORE THAN THE AMOUNT REQUIRED TO HOLD AND CONTROL THE PARTICULAR DERIVATIVE.

THE HIGH DEGREE OF LEVERAGE THAT IS OFTEN OBTAINED IN FUTURES, OPTIONS AND CONTRACTS FOR DIFFERENCE CAN WORK AGAINST YOU AS WELL AS FOR YOU. THE USE OF LEVERAGE CAN LEAD TO LARGE LOSSES AS WELL AS GAINS.

 

This brief statement cannot disclose all the risks and other significant aspects of securities and derivatives markets.

IT IS YOUR RESPONSIBILITY TO CONSULT YOUR FINANCIAL ADVISOR TO DETERMINE WHETHER TRADING IN SECURITIES AND DERIVATIVES PRODUCTS IS APPROPRIATE FOR YOU IN LIGHT OF YOUR FINANCIAL CIRCUMSTANCES.

Read how we Manage Conflicts here.