By using our Website or Mobile Application (collectively “Portal” or “Site”), operated by and/or for and on behalf of Intuitive Predictive Trading Pty Ltd ("IPT Pty Ltd") in any way, you agree to be bound by the following Terms and Conditions ("Terms"). Website refers to www.intuition-ip.com. We may modify these Terms at any time at our sole discretion, and such modifications shall be effective immediately upon posting of the modified Terms. You agree to review the Terms periodically to be aware of such modifications and your continued access to or use of the Site shall be deemed your conclusive acceptance of the modified Terms. The term "IPT" (or "we", "our" and "us") includes all members, subsidiaries and affiliates of the Intuitive Predictive Trading Pty Ltd , their respective subsidiaries and affiliates, as well as their successors and assigns.
1. REGISTRATION, PASSWORD, SECURITY AND COOKIES
1.1 If any portion of the Site requires you to register or open an account, you must provide us with accurate, complete and updated registration information ("Member Profile"). You may also be asked to choose a login name and a password. You are advised to select a password that would not be obvious to someone trying to guess your password.
1.2 You shall not disclose to any person your password and shall not permit or authorize any person to use your login name or password for any purpose whatsoever.
1.3 IPT may treat any access to or use of the Site at any time by the use of your login name and password as access to or use of the Site by you, notwithstanding that it may have been used by any other person without your knowledge or authority.
1.4 Upon learning that any person has acquired knowledge of your password or has used your password to access or use the Site or effect any transaction (whether with or without your knowledge and consent), you shall
1.4.1 immediately notify IPT thereof;
1.4.2 at IPT’s request, make a police report thereof;
1.4.3 provide IPT with any other information relating thereto as IPT may require; and
1.4.4 immediately change the password.
1.5 IPT takes certain industry-accepted precautions to secure the Site or portions thereof. However, you agree that such precautions do not guarantee that use of the Site is invulnerable to all security breaches, nor does IPT make any warranty, guarantee, or representation that use of the Site is protected from all viruses, worms, Trojan horses, and other vulnerabilities.
1.6 During your use of the Site, we may issue to and request from your computer blocks of data known as "cookies" to enable more convenient browsing when you revisit the Site. A cookie is a type of data which is sent from the Site to your Internet browser software, and is stored on your computer. Storing cookies does not have any adverse effect on your computer. You must not alter any cookies sent to your computer from the Site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Site.
1.7 By registering for an account, you agree that you will receive emails from us with marketing messages such as, but not limited to, recommendations, exclusive promotions, event invites, updates, and information on product launches. You can opt out of this email if you choose to do so.
2. CONTENT AND RELATED USER CONDUCT
2.1 You understand that you are responsible for any Content that you post or transmit on or through the Site.
2.2 You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to IPT or any of its customers or users of the Site by any means.
2.3 You agree to use the Site in a manner consistent with all applicable laws and regulations. Specifically, you will not use the Site to post, transmit, distribute, link to, or solicit Content that:
2.3.1 contains any advertising and promotional message;
2.3.2 violates or infringes any laws, regulatory requirements or codes applicable in Australia;
2.3.3 infringes or violates any copyright, trademark or any other intellectual property, personal or proprietary rights of any person, or violates any obligation of confidence or any other proprietary right;
2.3.4 contains any obscene, offensive, defamatory or otherwise actionable material;
2.3.5 undermines the security or integrity of the Site, including without limitation by importing any viruses, Trojan horses, time bombs or other disabling devices intended to detrimentally interfere, damage, surreptitiously intercept or expropriate such equipment, systems or networks;
2.3.6 contains any errors, whether technical or otherwise; or
2.3.7 contains any material in any form that would otherwise render IPT liable or expose IPT to any proceedings whatsoever.
2.4 You may not use any robot, spider, or other automatic or manual device or process to monitor or copy our web pages or any portion of the Content contained herein without IPT's express written permission.
2.5 You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or to impose an unreasonable or disproportionately large load on the servers serving the Site.
2.6 IPT shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any Content that is available via the Site without reference to you. Without limiting the foregoing, IPT reserves the right to remove or alter any Content that violates these Terms or is otherwise objectionable.
2.7 To assist us with moderation of Content, we have provided You with "report abuse" buttons conveniently positioned on the Site so that you may activate them to inform us of any objectionable Content. Upon receipt of your report, we shall review the relevant abuse report as soon as possible and moderate the Content as we may deem appropriate.
2.8 All Content submitted by you should be unbiased with no vested personal interest or any affiliation with the business you review. We reserve all rights to remove these reviews. If you have a vested personal interest or any affiliation with the business for or against which you are submitting a review, we ask that you give full and frank disclosure of your relevant vested interest or affiliation to the business you are reviewing to ensure your review is perceived objectively by End Users.
2.9 We reserve the right to remove any reviews we discover that are biased review or which do not disclose the relevant vested interest or affiliation relevant to that business.
3. CONTENT POSTED OR SUBMITTED TO IPT
In some instances, you will need to submit information such as decisions whether in text, image or picture, so We can measure your subconscious body reaction towards the chosen decision in comparison to pre-recorded values, such submission will be deemed as Content submitted to the Site and the following rules shall apply:
3.1 You agree to grant to IPT a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Site (such as message boards, forums, Member Profiles, job folders or other features that allow users to post information that will be accessible by the public or the user population generally) by all means and in any media now known or hereafter developed. You also grant to IPT the right (though you acknowledge and agree that IPT shall not be so obliged) to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against IPT for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
3.2 Except for any information which we have expressly agreed to keep confidential, any feedback, data, answers, questions, comments, suggestions, plans, ideas or the like that you send to us via the Site, via email or howsoever otherwise whether in human or machine readable form, will be treated as being non-confidential and non-proprietary. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you submit on the Site for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
4. POSTINGS BY THIRD PARTIES AND HYPERLINKS TO THIRD PARTY WEBSITES
4.1 This Site may contains hyperlinks to other websites which are neither maintained nor controlled by IPT, or may contain Content posted on or via the Site by third parties. Therefore, IPT shall not be responsible for any errors or omissions in any Content in the Site, or the Content, products or services of any hyperlinked website or any hyperlink contained in a hyperlinked web site, nor for the privacy and security practices employed by these other websites, and shall not be liable for any loss or damage of any kind incurred as a result of the use of any Content, whether in human or machine readable form, posted or contained in e-mails or howsoever otherwise transmitted or displayed via the Site, or arising from access to those websites. Use of the Site and any hyperlinks and access to such hyperlinked websites are entirely at your own risk.
4.2 You acknowledge that IPT has no control over and excludes all liability for any material on the Internet which can be accessed by using the Site. Neither can we be deemed to have endorsed the Content.
4.3 Insofar as third party material, including without limitation news or other Content feeds by third party Content providers to the Site ("Third Party Material") is published on or accessed through the Site, such Third Party material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Third Party Material may not be stored in whole or in part in a computer or otherwise except for personal and non-commercial use.
4.4 Neither the owner, publisher and/or broadcaster of such Third Party Material nor IPT will be held liable for any delays, inaccuracies, errors or omissions in any AFP news material or in transmission or delivery of all or any part thereof or for any damages whatsoever. If any Third Party Material or part thereof is a newswire service providing newsfeeds to the Site, releases from subjects, individuals, groups or entities contained in its photographs, videos, graphics or textuals quotations may not have been obtained.
4.5 Further, clearance may not be obtained from the owners of any trademarks or copyrighted materials whose marks and materials are included in Third Party Material. Therefore you will be solely responsible for obtaining any and all necessary releases from whatever individuals and/or entities necessary for any uses of AFP material.
5. HYPERLINKS FROM THIRD PARTY WEBSITES
5.1 You agree that caching, hyperlinking to, and framing of the Site or any of its Content are strictly prohibited.
5.2 IPT reserves all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
7. OUR LIABILITY AND INDEMNITY
7.1 The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site linked to them and any materials posted on them, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
7.2 You agree to indemnify, defend and hold harmless IPT, its directors, officers, employees, suppliers, licensors, agents, and any third party Content providers, from and against any losses, damages, claims, costs, expenses, demands, and actions, occasioned by or howsoever arising out of your use of the Site, your access or connection to the Site, your violation of these Terms, or your violation of any rights of another. These obligations will survive any termination of your relationship with IPT or your use of the Site. IPT reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with IPT in asserting any available defences.
7.3 The Intuition Pro Device sold through the IPT portal, has been developed to assist users in measuring their Galvanic Skin Responses. Pairing the Intuition Pro device and mobile application, allows for personal galvanic skin response values to be transferred from the device to our servers. This data is stored and used to provide the Intuition Pro Service. Each time a pairing occurs, we also log data about the transmission. We make no representation as to the adequacy of the results generated in relation to training or users’ decision input. IPT holds no responsibility over the credibility and results of investment/other decisions users might input using the portal. We expressly declare that we in no case entice or promote any kind of gambling or other related activities. We shall not be liable if you use the product for gambling or other related activities. Instead you shall indemnify us if any action is brought against us because of your use of our product for unlawful purposes.
8.1 You expressly understand and agree that:
8.1.1 You assume total responsibility and risk for your use of the Site. IPT does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, any merchandise, information or service provided through the Site or on the Internet generally, and IPT shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. The Site and any software made available on the Site are provided on an "as is, as available" basis.
8.1.2 IPT makes no warranty that (i) the Site will meet your requirements or will always be accessible, (ii) the Site will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, and (v) any errors in the Site will be corrected.
8.1.3 Any Content downloaded, uploaded or otherwise obtained through the use of the Site is done at your own discretion and risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally.
8.1.4 IPT cannot guarantee the correctness of information contained within the site, or of information obtained from third parties linked to the IPT site. Any information appearing on the IPT Site is not meant in any way to be a source of professional advice or recommendation to in any way bet or gamble. IPT cannot be held responsible for any loss or damage as consequence of decisions based on information, advices or third party links provided on this site. The visitor is warned to act exclusively at his own discretion and risk. If you experience gambling problems of any kind, you should seek professional advice from a professional body. We do not encourage gambling.
8.1.5 The information provided on the Site is for informational and educational purposes only. It should not be considered financial advice. You should consult with a professional to determine what may be best for your individual needs. If you have any specific questions about any investment matter you should consult an investment professional and not rely on any results from our Site. You should never delay seeking professional advice, disregard professional advice, or commence or discontinue any legal action because of information on this Site.
8.1.6 We do not make any guarantee or other promise as to any results that may be obtained from using our content. No one should make any investment decision without first consulting his or her own financial advisor and conducting his or her own research and due diligence. To the maximum extent permitted by law, We disclaim any and all liability in the event any information, commentary, analysis, opinions, advice and/or recommendations prove to be inaccurate, incomplete or unreliable, or result in any investment or other losses. Content contained on or made available through the Site is not intended to and does not constitute professional advice or investment advice. Your use of the information on the website or materials linked from the Web is at your own risk.
9.11.1 IPT may change, add or delete these Terms and Conditions or any portion thereof from time to time in its sole discretion. IPT will provide you with reasonable notice of any changes. Thereafter, you expressly agree to be bound by any such amended Terms and Conditions of Use.
9.11.2 IPT may change, suspend or discontinue any aspect of the IPT service at any time, including availability of any feature, database or content. IPT may also impose limits on certain features and services or restrict your access to all or parts of the IPT web site without notice or liability.
9.11.3 YOUR CONTINUED USE OF IPT NOW, OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.
9.11.4 If any part of these Terms and Conditions of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
10. LIMITATION OF LIABILITY
10.1 IPT does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the Site or other Content accessible from the Site. In no event shall IPT be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other tortuous action), arising out of or in connection with the use of or inability to use the Site, delays, inaccuracies or errors in the information or in the transmission of the Site, or any information or transactions provided on or over the Site or downloaded or hyperlinked from the Site, or performance of the Content on this Site, even if IPT has been advised of the possibility of such damages.
10.2 If you are dissatisfied with any portion of the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue using the Site.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 Content (including, but not limited to, information, communications, software, images and sounds contained on or available through the Site) is provided by IPT, its Content providers, third party licensors, which include end-users.
11.2 The intellectual property rights to or over the Content contained in each Site belong to IPT, its Content providers and third parties licensors, which include end-users. Insofar as said rights vest in IPT, all rights are reserved. The Content of the Site cannot be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without the prior written permission of IPT. You agree that the material and Content contained within or provided by the Site is for your own personal use only and may not be used for commercial purposes or distributed commercially.
11.3 Your access to or use of the Site should not be construed as granting, by implication, estoppels or otherwise, any license or right to use the trademarks, tradenames, logos or service marks appearing on the Site without IPT's or the relevant third party's prior written consent, as the case may be. You may not, without IPT's or other relevant third party's prior written consent, use any of such trademarks, tradenames, logos or service marks as a hyperlink to the Site or any other website.
11.4 You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate the Site or create derivative works based on the Site. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of the Site's underlying technology.
12.1 We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, email or mobile telephone numbers.
12.2 This company is registered in New South Wales, ACN 617 155 281.
13 GOVERNING LAW AND DISPUTES
13.1 These terms shall be governed by and construed in accordance with the law of New South Wales.
13.2 The courts of New South Wales shall have exclusive jurisdiction in relation to any dispute concerning or arising out of these terms and conditions.
1.1 Payments for IPT Products and services are nonrefundable and nontransferable.
1.2 Device Returns & Exchanges
Devices purchased at www.ituition-ip.com: Intuition Pro provides a 7-day return policy - beginning on the date of purchase - in which you may return or exchange a qualifying new or reconditioned device purchased through our website. Devices purchased online must meet the return/exchange requirements to be accepted. Devices that do not meet the return/exchange requirements will be returned to the customer.
1.3 How to Return or Exchange a Device
• If you purchased the device through www.intuition-ip.com, call or chat with one of our customer service representatives to initiate the return/exchange process.
• If you purchased the device from a third-party retailer, please contact the retailer to return or exchange your device.
1.4 Device Return Fees
• A fee of up to USD $25 may be applied (except where prohibited) when a device purchased at is returned without all of the original components or the device has been damaged.
• There is no fee for returning compliant devices purchased online at www.ituition-ip.com.
• Refunds will be issued within 10 business days of receipt of compliant returns (most are processed within 3-4 business days). Non-compliant returns will be returned to customers with an explanation of the reason for rejection. No refund will be issued for rejected returns.