1. TERMS & CONDITIONS
1.1. These Terms and Conditions apply to your use of the website ( Leejay Etal Pty Ltd ABN 16 091 868 450 – www.marcbelnick.com) and its affiliated links and websites. Leejay means Leejay Etal Pty Ltd ABN 16 091 868 450 and where the context requires, its related, affiliated and associated companies, subsidiaries, parent companies, its officers, directors, shareholders, employees, consultants, licensors, suppliers and agents. Please read these Terms and Conditions carefully before accessing or using the information and services available through this Site. If you are unsure about any of the terms and content please clarify with your legal counsel before using this site.
1.2. By accessing or using the Site you agree to be bound by all of these Terms and Conditions.
1.3. Leejay reserves the right to modify or change these Terms and Conditions from time to time at its sole discretion. You should regularly review these Terms and Conditions to ensure compliance.
1.4. Your continued use of the Site and our services constitutes your agreement to all of the Terms and Conditions and any modifications to them.
1.5. By agreeing to these terms and conditions, you acknowledge that you have carefully read and accepted all the terms and conditions.
2. USE & ELIGIBILITY
2.1. You must use this Site for lawful purposes only.
2.2. You must not violate any applicable State, Territory or International law or regulation.
2.3. You must not infringe any third party rights including Trade Mark, Copyright and other intellectual property rights.
2.4. You must not interfere with, disrupt or impede the website or servers or networks connected to this site or any affiliated sites.
2.5. Leejay and MetaStock will not be liable for any adverse affects (including viruses), interference or damage to your computer and/or networking systems in any way, manner or form, which may occur in connection with the use of this website.
2.6. If you are purchasing any products on the website you confirm that you are at least 18 years of age and legally permitted to do so, without any encumbrances.
2.7. You must not impersonate or otherwise misrepresent your identity or affiliation with any other person or entity, or commit forgery (or attempt to commit forgery);
2.8. You must not intercept or otherwise collect or store data about other users or merchants, including e-mail addresses.
2.9. You must not defame, abuse or harass any individual or Company on this website or breach the National Privacy Principles as set out by the Privacy Act 1988 (Cth);
2.10. You must not orally or in writing misrepresent the content, individuals and companies on this website by making false, inaccurate, incomplete, incorrect, misguided, misconstrued, fallacious and injudicious statements.
3. SITE ACCESS
3.1. Leejay reserves the right to deny you access to, or use of, all or part of the Site, without prior notice, if you engage in any conduct that Leejay believes, in its sole discretion violates any term or provision of these Terms and Conditions or violates the rights of Leejay or third parties or is otherwise considered harmful or inappropriate for continued access and use of the Site.
3.2. You acknowledge that Leejay has the right to monitor your usage for the purpose of operating the Site, or to ensure compliance with these Terms and Conditions, or to comply with any law or order of a court.
4. CONTENT
4.1. Intellectual Property
Leejay and its associates retains all applicable rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information provided on or via this Site. You may not copy, download, publish, distribute or reproduce any of the information contained on this Site in any form without the prior written consent of Leejay. However, you may print out and/or download information contained on this Site for your own personal and non-commercial use.
4.2. Leejay not a Trading, Investment or Financial Advisor
Leejay is not a financial planner, investment or trading adviser and must not be viewed as acting in these capacities. Leejay merely offers the information as a resource to be used with other resources. You should seek competent, independent trading advice from an accredited expert before investing in any money or financial markets in any way, shape or form. Leejay firmly suggests investors or traders in financial or money markets should never make investments where to do so would jeopardize their lifestyle, obligations, mental, emotional or physical health of themselves or their family, should any investment be unsuccessful.
4.3. Accuracy and Completeness of Examples
Leejay makes no warranties or representations that the investment examples (information, graphs and excel spreadsheets) are accurate, complete, and up to date. The examples are intended for illustrative purposes only. The products and demonstrations listed on this website are not recommendations to buy or sell, but as a resource of guidelines to interpreting analysis methods.
4.4. MetaStock Purchases and Stock Exchange Data Provider Purchases
All orders must be pre-paid before they are delivered. Please ensure that your email address is correct as we will send you a tax invoice after your purchase. After your MetaStock software purchase order has been received by Leejay, Leejay will forward your order to MetaStock for processing, before you receive your software product. While this process usually happens in a timely manner you agree to indemnify, defend, and hold harmless Leejay, and its officers, directors, shareholders, employees, consultants, licensors, suppliers, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs arising from any delay in not receiving your purchased software and/or exchange data on a timely basis.
4.5. MetaStock Products and Marc Belnick Bullish-Buy & Bearish-Sell Add-on
The Products and demonstrations listed on this website are not recommendations to buy or sell, but rather as a resource of guidelines to interpreting analysis methods. Leejay and MetaStock shall have no liability whatsoever for any investment or trading decisions based on the use of any Product, MetaStock software, or the “Marc Belnick Bullish-Buy & Bearish-Sell” Add-on signals and trading strategies or any information provided through other services such as seminars, webinars, or content included in this website or the MetaStock website (www.MetaStock.com). You agree to indemnify, defend, and hold harmless Leejay and MetaStock and its officers, directors, shareholders, employees, consultants, licensors, suppliers, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs arising from such use.
5. INDEMNITY
5.1. You agree to indemnify, defend, and hold harmless Leejay, and its officers, directors, shareholders, employees, consultants, licensors, suppliers, agents, and related bodies corporate from any and all third-party claims, liability, damages, and costs arising from your use of the Site or your failure to comply with any of these Terms and Conditions, or from your violation of any applicable law.
6. APPLICABLE LAW
This Site and its Terms shall be governed by and construed in accordance with the laws of Victoria, Australia and any courts hearing appeals from this jurisdiction.
7. ASSIGNMENT
These Terms and Conditions may not be dealt with in any way by you (whether by assignment or otherwise) without Leejay’s written consent. You also agree that Leejay may assign this agreement to a third party without notice.
8. ENTIRE AGREEMENT
Except as for in clause 1.3 this agreement constitutes the entire agreement of the parties relating to the”Website Terms Of Use” addressed in this Agreement..
9. GENERAL
The failure by Leejay to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of Leejay in respect of any existing or subsequent breach of these Terms and Conditions.
Privacy Policy
At (Leejay Etal Pty Ltd ABN 16 091 868 450 – www.marcbelnick.com) the privacy of your personal information is important to us. Our Privacy Policy is designed to provide you with general information about how we collect, store, use and disclose your personal information. We will collect, use and disclose your personal information in accordance with the Australian Privacy Principles in the Privacy Act 1998 (Cth) (Act) and this Privacy Policy. If you require any further information concerning privacy and the ways in which we handle your personal information, please contact us using the contact details set out at the end of this policy.
1. What information do we collect and hold?
We may ask you for a range of personal information because of the nature of the products and services we provide as well as for government regulations and taxation laws. We do not collect or store any credit card details. Paypal processes the credit card transaction.
2. How do we collect your personal information?
We normally obtain personal information from our online web forms , emails and telephone conversations. We may also collect personal information from you in the course of your use of our website if you input any personal information. In addition, we also access cookies on your computer, which enables us to tell when you use the website and also to help customise your website experience (see Internet Privacy below). From time to time, we may also ask for additional information (for example, through market research, surveys or special offers) to enable us to improve our service or consider the wider needs of our clients or potential clients. There may be occasions when we need to source personal information about you from a third party. For example, we may collect personal information from third party product providers . In some cases, we may be provided with your personal information from other sources, such as accountants, Stock Brokers, Financial Planners , Training Colleges, MetaStock or by family members or friends.
You may also choose not to provide certain personal information. However, if you choose not to provide information requested for the purposes of fulfilling your request for a specific product or service, we may not be able to provide you with the requested product or service, or the product or service which we do provide might not fully meet your needs.
3. How we use your personal information
The purpose for collecting personal information is to provide you with the products and services you’ve asked for, to understand and meet your needs and provide you with a wide range of other products and services. We may also use and disclose your personal information to give you information about a product or service and/or consider whether you are eligible for a product or service to process your application for a product or service and/or administer the product or service we provide you to allow us to run our business and perform administrative and operational tasks.
Opting out of marketing
If you no longer wish to receive direct marketing offers from us, you can unsubscribe from particular marketing material or by contacting us (see “Contact Us” below). We will process your request as soon as practicable.
4. Access to and correction of personal information
We aim to make sure that the personal information we collect, use or disclose is accurate, complete and up to date. This way we can provide you with better service. If you believe your personal information is not accurate, complete or up to date, please contact us. We can generally update your client information via email. We may also take steps to update personal information, for example, an address, by collecting personal information from publicly available sources, for example, telephone directories or electoral rolls.
5. Internet privacy
In general, you can visit our website without revealing personal information about yourself. When you visit our website, our internet service provider and website managers may make a record of your visit, logging information such as your IP address (if applicable), the date and time of your visit, the pages accessed, the domain where you clicked through from and the type of browser you have used. This information is collected for trend and statistical purposes to enable us to analyse and enhance our website’s functions and capabilities. Our website uses cookies, which allow us to identify your browser while you are using the site. Cookies do not identify you. They simply allow us to track usage patterns, such as through analysis and reports via Google Analytics, so we can measure the level of interest in various areas of our site. If you prefer not to receive cookies, you can configure your browser to reject them or to notify you when they are being used. You have control over any personal information we collect from you through online forms, ‘contact us’ messages, including chat transcripts, emails to us or email newsletter subscription information, and any information collected will be used for the purposes for which the information was requested and other directly related purposes when required or authorised by or under law to disclose the information or with your consent. You may be able to access external websites by clicking on links we have provided. Those other websites are not subject to our privacy standards, policies and procedures. You will need to contact or review those websites directly to ascertain their privacy standards, policies and procedures.
6. Other Important things
Leejay EtAl Pty Ltd reviews its policies, statements and procedures to keep up to date with changes in the law, technology and market practice. As a result, we may update and change this Privacy Policy from time to time.
7. Complaints and further information
If you have any complaints about our privacy practices, please contact our Privacy Compliance Officer by email at info@marcbelnick.com or if you prefer, make your complaint in writing to: Managing Director, Leejay Etal Pty Ltd, PO BOX 361, Elsternwick, VIC, 3185, Melbourne, Australia. We will endeavour to resolve any complaint or query as soon as possible. If you’re not satisfied with our resolution, you may also complain to the Office of the Australian Information Commissioner (OAIC). The contact details for the OAIC are GPO Box 2999, Canberra ACT 2601 or GPOB 5218 Sydney NSW 2001 or phone 1300 363 992. Alternatively email the OAIC at enquiries@oaic.gov.au.
Return Policy
We offer a 30-day guarantee on every non-subscription MetaStock retail product and on MetaStock retail products we may offer from other companies.
1. The 30-day return period begins on the actual shipping date, and this return policy pertains only to MetaStock products distributed by Leejay Etal Pty Ltd. If the product was purchased from someone other than Leejay Etal Pty Ltd, please contact that company for their return policy.
2. The 30-day return period for MetaStock products not manufactured by MetaStock also begins on the actual shipping date.
3. You will be refunded the entire purchase price less any bank/credit card refund charges of the product(s) you ordered if the product(s) is/are received by Leejay Etal Pty Ltd within the 30-day return period, and if all materials(if applicable) are returned complete, undamaged and in a resalable condition. All manuals included in software programs must be returned to receive a refund. We highly recommend you insure your package. Shipping and handling charges are non-refundable.
4. Each customer is allowed one money-back guarantee per product.
5. This 30-day guarantee does not apply to our subscription-based products or data.
If you do choose to return a product to us, please follow these simple (but important) steps:
1. Email Leejay Pty Ltd for a Return Merchandise Authorization number. Please provide your name and address to verify the order. Your sales representative may also ask why you are returning the product.
2. On your Windows Task bar, choose START, SETTINGS, CONTROL PANEL. Then double-click the ADD/REMOVE PROGRAMS icon. Select the MetaStock product you are returning, then select REMOVE. This will remove the product.
3. Write the Return Merchandise Authorization number provided by your sales representative in the space below and on the outside of the shipping box(if applicable). Make sure you also sign your name in the space below. Include this card in the package when you return it to us.
4. Place the product to be returned and this card in a package and mail to Leejay Etal Pty Ltd, Product Returns, PO BOX 361, Elsternwick,VIC,3185, Melbourne, Australia (Certified Mail is highly recommended). NOTE:THE PRODUCT MUST BE RETURNED TO Leejay Etal Pty Ltd BEFORE THE 30-DAY PERIOD HAS EXPIRED.