Risk Disclosure
Trading derivatives on margin carries a HIGH LEVEL OF RISK, and may not be suitable for all investors. Before deciding to trade derivatives you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose! You should be aware of all the risks associated with derivatives trading, and seek advice from an independent financial advisor if you have any doubts.
Market Opinions: Any opinions, news, research, analyses, prices, or other information contained on this website is provided as general market commentary, and does not constitute investment advice. Barranjoey Capital will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.
Internet Trading Risks: There are risks associated with utilizsng an internet-based deal execution trading system including, but not limited to, the failure of hardware, software, and Internet connection. Since Barranjoey Capital does not control signal power, its reception or routing via Internet, configuration of your equipment or reliability of its connection, we cannot be responsible for communication failures, distortions or delays when trading via the internet.
Accuracy of Information: The content on this website is subject to change at any time without notice, and is provided for the sole purpose of assisting our clients to make independent investment decisions. Barranjoey Capital has taken reasonable measures to ensure the accuracy of the information on this website. However, Barranjoey Capital does not guarantee its accuracy, and will not accept liability for any loss or damage which may arise directly or indirectly from the content or your inability to access the website, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this website.
Distribution: This site is not intended for distribution, or use by, any person in any country where such distribution or use would be contrary to local law or regulation. None of the services referred to in this website are available to persons residing in any country where the provision of such services would be contrary to local law or regulation. It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject.
Important Notice: CFTC Rule 4.41
Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. No representation is being made that any account will or is likely to achieve profit or losses similar to those shown.
All results shown on this website are hypothetical, back-tested results. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. Hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading.
Privacy Policy
Barranjoey Capital does not send spam or sell email addresses.
Barranjoey Capital is committed to protecting and respecting your privacy. This Privacy Statement sets out our privacy policy and explains what we do with the personal information that we collect from you. Please read the following to understand our practices regarding personal information and how they affect you as you use our features and services. This statement discloses our current privacy practices; if we make material changes to these practices, we will announce them.
This Privacy Policy answers the following questions:
What information does Barranjoey Capital gather about you?
How does Barranjoey Capital use your personal information?
How do we use "IP addresses"?
Will Barranjoey Capital disclose any of your personal information?
How do we respect children's privacy?
What else should you know about your privacy?
How will you know whether Barranjoey Capital's privacy policy has changed?
What information does Barranjoey Capital gather about you?
Barranjoey Capital collects information about our clients so that we can provide a more useful product and service. We may ask for your personal/ client particulars including name and email address if you enquire about our services. We sometimes conduct surveys as well, although you do not have to respond to them.
We collect IP addresses for site security and to help us understand how people use our site so that we can improve our site and our users' respective experiences.
How Does Barranjoey Capital Use Your Personal Information? Barranjoey Capital collects personal information to provide you, the user or client, with the best and most personalised experience possible.
From time to time we conduct research on our users' demographics, interests, and behaviour based upon the information you provide us, or based upon the information on our server log files. This research is compiled and analysed on an aggregated basis. We may also notify you of products, services, or areas of our site that we think may interest you based on the information we've received. If you would prefer us not to contact you for these purposes, simply reply to the email message with the word "unsubscribe" in the subject line.
How Do We Use "IP Addresses" and "Cookies"? Your Web browser or email application automatically provides your Internet Protocol address ("IP address") to other computers with which you communicate over the Internet, so that they know where to send you information. We receive an IP address each time you view one of our Web pages, because the browser automatically reports it to us. We also may store the IP address when you contact us, or if you commence using our products and services. We may use IP addresses for various purposes, including:
Diagnosing service or technology problems.
Assessing and maintaining system security.
Studying how people use our site and how we can improve it.
Will Barranjoey Capital Disclose Any of Your Personal Information? Barranjoey Capital will not disclose any personally identifiable information about individual users, except as described in this Privacy Statement. We do not give, rent, lend, or sell individual information to advertisers, although we may provide aggregate information. For example, we might tell an advertiser that we have 500 clients or users in Metropolis, but we will not tell them that Clark Kent is one of them, nor will we tell them that his email address is clark@dailyplanet.com.
How Do We Respect Children's Privacy? Our site is not directed at children under the age of 18. We will not knowingly collect or use personally identifiable information from anyone under the age of 18.
What Else Should You Know About Your Privacy? If you follow a link from our site to a third party site, you should be aware that you are doing business with those other sites, which have their own privacy and data collection practices. Barranjoey Capital has no responsibility or liability for these independent policies (and we may not even know what they are). For more information regarding a site and its privacy policies, check that site.
How Will You Know Whether Barranjoey Capital's Privacy Policy Has Changed? We may change this Privacy Statement at any time, but we will give notice of any material changes (or any notices that we are required to give you) on our websites and/or in email messages.
Last Updated: 19 Septemebr 2012
Terms of Use
By continuing to access the Barranjoey Capital Website (collectively, the "Website" or "Service"), you signify acceptance and compliance with the following Terms of Use (the “Agreement” or “Terms”). The terms “Barranjoey Capital”, "we," "us," and "our" refer to Barranjoey Capital . The term "You", "you" or “your” refers to the entity or individual who is accessing the Service under this Agreement.
Acceptance of Agreement
Your use of our Website constitutes your binding acceptance and compliance of these Terms, including any modifications that we make, whether you are a "Visitor" (simply browsing Barranjoey Capital) or you are a "Client" (you have commenced using our products and services). In either instance, you are a “User” of the Service. If you wish to become a Client or make use of the Service, you must read and agree to this Agreement during the applicaton process.
We may modify these Terms at any time without notice to you by posting revised Terms on our site. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms and to review such changes. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Barranjoey Capital and shall be of no force or effect.
This Agreement also constitute the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, products or services provided by or through the Website and the subject matter of this Agreement.
Eligibility
Clientship in the Service is void where prohibited. You agree to:
Be at least 18 years of age or older to use the Service. The Service is not intended for those under the age of 18.
Provide accurate, current and complete information about yourself;
Maintain the security of your password and identification - if one is provided to you;
Maintain and promptly update the registration information, and any other information you provide to Barranjoey Capital, to keep it accurate, current and complete;
Be fully responsible for all use of your account and for any actions that take place using your account;
Use the Service without violating any applicable law or regulation;
Represent and warrant that you are fully able and competent to enter into, and abide by this Agreement.
Use of Service Limitation
The services and content on Barranjoey Capital are for your personal and non-commercial use, unless specifically endorsed or approved by us. As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service to:
Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, which discloses private or personal matters concerning any person, or in the sole judgment of Barranjoey Capital, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Barranjoey Capital or its users to any harm or liability of any type;
Post or transmit any material that you don't have the right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
Post, transmit, or link to sexually explicit material;
Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Impersonate another Client or person;
Use the account, username, or password of another Client at any time or disclosing your password to any third party or permitting any third party to access your account;
Sell or otherwise transferring your profile;
Use any information obtained from Barranjoey Capital in order to harass, abuse, or harm another person;
Post or transmit any advertising, promotional materials, or other forms of solicitation, whether personal or commercial, including chain letters, pyramid schemes, and links or URLs to third party websites deemed as commercial;
Violate any applicable law or regulation while accessing and using our sites, including, without limitation, the rules and regulations of the applicable securities exchange (especially and including the rule against making false or misleading statements to manipulate the price of any security);
Offer, sell, or buy any security or future;
Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone's computer;
Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
Use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our sites;
Attempt to gain unauthorised access to services, materials, other accounts, computer systems or networks connected to any Barranjoey Capital server or to the Website, through hacking, password mining or any other means not intentionally made available through the Website;
Take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or Service; and
Take any action that damages or disrupts the functioning of our systems or Service.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email address, usage history, posted materials, IP addresses and traffic information.
Copyright Information
All materials contained in the Website are the copyrighted property of Barranjoey Capital. All trademarks, service marks, and trade names are proprietary to Barranjoey Capital. Unless otherwise specified, the materials and services on this Website are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website without the written permission from Barranjoey Capital.
We respect the intellectual property rights of others. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When we receive proper Notification of Alleged Copyright Infringement as described below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the appropriate copyright legislation.
Without limiting the foregoing, if you believe that your work has been copied and posted on Barranjoey Capital in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Barranjoey Capital;
Your address, telephone number, and email address;
A written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. Barranjoey Capital’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Barranjoey Capital, PO Box 5402 Manly QLD Australia
To obtain permission to use Barranjoey Capital copyrighted materials, please refer to Rights and Permissions below.
Rights and Permissions
If you have any questions concerning the usage or licensing of Barranjoey Capital copyrighted materials, for example, photographs, text, or other Barranjoey Capital materials, please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the Barranjoey Capital material. Requests may be lodged via the form on the Contact Us page of our site.
Third Party Websites, Links and Advertisements
Barranjoey Capital takes no responsibility for, nor does it endorse or recommend, any third-party advertisements or sponsorships which are posted on the Website or through the Service, nor does it take any responsibility for the goods, services or content provided by its advertisers. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. You will not hold Barranjoey Capital, its subsidiaries and or affiliates responsible for the illegality or any error, inaccuracy or problem with the advertisement or sponsorship.
Barranjoey Capital also may contain hyperlinks to other websites (“Third-Party websites”) operated by parties other than Barranjoey Capital, its subsidiaries and or affiliates, and other resources and advertisers. Barranjoey Capital is not responsible for the availability of these Third-Party websites, nor is it responsible for any of the contents, advertising, products and or services, or other materials on such Third-Party websites. Such websites are in no way investigated, monitored or checked for accuracy or completeness by Barranjoey Capital. Inclusion of any linked Third-Party website on the Barranjoey Capital does not imply approval or endorsement of the linked website by Barranjoey Capital, its subsidiaries and or affiliates. If you decide to access the Third-Party websites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate.
Disclaimer of Warranties and Liabilities
The Barranjoey Capital website, service and content are provided "as-is" and Barranjoey Capital expressly disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Barranjoey capital does not represent or warrant that the service or any content or information on the website are accurate, complete, reliable, current or error-free, whether caused by users of the Barranjoey Capital services, by Barranjoey Capital , its subsidiaries and affiliates, or any of its directors, officers, agents, contractors, partners and employees, or by any of the equipment or programming associated with or utilized in the Barranjoey Capital services. All information and opinion expressed herein is subject to change without notice. By your use of our services, you're agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that we will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, or any other material published through our services. Opinions and recommendations contained herein should not be construed as investment advice. Do not assume that any recommendations, insights, charts, theories, or philosophies will ensure profitable investment.
Barranjoey Capital assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or client communication. Barranjoey capital is not responsible for any problems or technical malfunction of any telephone or network lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the Barranjoey Capital services or combination thereof, including any injury or damage to users or to any person's computer or hardware device related to or resulting from participation or downloading materials in connection with the Barranjoey Capital services. You understand and agree that you download or otherwise obtain content, material or data from or through the service at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result. Under no circumstances shall Barranjoey Capital be responsible for any loss or damage, including personal injury or death, resulting from use of the Barranjoey Capital services, from any content posted on or through the service, or from the conduct of any users of Barranjoey Capital, whether online or offline. Barranjoey capital is not responsible for the conduct, whether online or offline, of any user of the Barranjoey Capital services.
In no event will Barranjoey Capital or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the site or the service, or any of the site content or other materials on, accessed through or downloaded from the site, even if Barranjoey Capital is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Barranjoey Capital’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Barranjoey Capital for the service during the term of clientship. You acknowledge that if no fees are paid to Barranjoey Capital for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Barranjoey Capital , regardless of the cause of action. You expressly agree that you will assume the entire risk as to the quality and the performance of our services and the accuracy or completeness of our content.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Barranjoey Capital.
Indemnity
You agree to indemnify and hold Barranjoey Capital, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, made by any third party due to or arising out of or in connection with any user content or content you post or share on or through the Website, your use of the Service or the Website, your conduct in connection with the Service or the Website or with other users of the Service or the Website, or any violation of these Terms or of any law or the rights of any third party.
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