• This is a contract between you (“you”) the subscriber and Pythagoras Investment Timing Index Pty Ltd.  Please read these terms carefully.  Subscribing to the web based subscription service which provides general recommendations regarding securities is known as Pythagoras (“Service”).  By and upon subscribing to the Service you are deemed to accept the terms set out below.  These terms should be read in conjunction with the Financial Services Guide issued by Pythagoras Investment Timing Index Pty Ltd.  If you do not accept the terms and conditions of this Agreement, then you must not subscribe to the Service and must immediately exit this site.

How the Service Works

The Pythagoras Investment Timing Indexes are based on a new, revolutionary mathematical understanding of the stock market.  They show that events are predictable from changes in Volatility.  This leads to signals to buy and sell ahead of the stock market shifts!  It’s a flexible subscriptions based program.  The services will be delivered via email and the Pythagoras Investment Timing Index (www.pythagorasinvesting.com) website.

Recommendations

Once you have chosen the listed Australian Stocks to which you wish to subscribe, any recommendations will be sent to your nominated email account.  The email will contain details of the buy or sell recommendation.

Pythagoras will generally email a notification of any recommendations during the middle of the day to be acted on the same day.

Buy Recommendations

When recommending buys, some recommendations make use of a price range of 101%, 103% or 105% of the base recommendation price and some don’t.  Where there is a price range, the top of the range is the maximum price you should pay.  Where there is no upper price range the maximum price payable is the recommendation price.  Our philosophy is that it is better to wait than overpay.

There are several hours in which your buying can be executed – many clients use limit orders over the day to buy to make it simpler.

Sell Recommendations

There will be lengths of time in between buy and sell recommendations – indeed there may be several recommended buys before a sell.  When the recommendation is to sell, we recommend selling immediately.  There isn’t a minimum price – just a sell.

Allocation of Capital

We believe the best approach to capital allocation is to subscribe to three to five stocks from different sectors to bring diversification to your portfolio.  With more stocks comes a greater overall success.  Choosing 3 or more stocks lead to significant discounts.

Commitment

Subscriptions are for 12 months.  Payments are made in advance – either pay 12 months in advance and receive a discount or pay monthly.  When you subscribe, you are expected to pay on receipt of your invoice.   If payment is not received, the subscription will end (under clause 10) and amounts owing will be pursued.  To reinstate the service, full payment and an administrative fee will be required.

Each subscriber is granted access to the service on good faith whilst their payments are up-to-date however Pythagoras Investment Timing Index Pty Ltd reserves the right to render invalid any subscription where an officer believes a member in breach of the Terms and Conditions.

TERMS & CONDITIONS

1. Definitions

In this Agreement, the following terms have the following meanings:-

• Means: Pythagoras Investment Timing Index Pty Ltd ABN 88 147 371 113, Corporate Authorised Representative of AFSL 431 288 and includes (without limitation) all of the directors, shareholders, employees and agents of that company.
• Confidential Information. Means all trade secrets, ideas, knowhow, concepts and information whether in writing or otherwise relating in any way to the Service, and the information provided by or associated with the Service.
• Copyright & Disclaimer Notice. Means the copyright and disclaimer notice provided which is set out at the end of these terms.
• Intellectual Property Rights. Means any and all intellectual and industrial protection rights throughout the world in respect of the Service, the Manuals and the underlining materials including rights in respect of or in connection with:-
  • Any Confidential Information; and
  • Copyright (including future copyright and rights in the nature of or analogist to copyright), whether or not now existing, and whether or not registered or registrable and includes any right to apply for the registration of such rights, and includes all renewals and extensions.
• Means any user manuals, instructions, help files or any other document or information similar to a user manual.
• Means the website www.pythagorasinvesting.com and/or any other website from which the Service is generated or with which the Service is associated.
•  Means the ending of this Agreement, whether by expiration of the term of this Agreement, or by way of the operation of Clause 10.
• Underlying Materials. Means all material embodied in the Service and Manuals, including but not limited to sound recording, musical works, literary works (including software), artistic works, patents, designs and Trade Marks.

2. Licence

Upon subscribing to the Service, Pythagoras grants you a single user, non-exclusive, non-transferable licence (“Licence”) to use the Service for the term of the subscription.

3. Service personal to subscriber

Only you are permitted to use the Service. It must not be used by any person other than you.

4. Restrictions of Use

You must not, nor attempt to:-

• Copy or reproduce part or all of the Service; or
• Copy, modify, adapt or reproduce part or all of the Manuals;
• Use the information provided by the Service or on the Site other than as permitted or directed by Pythagoras;
• Disclose your user name and password to any other person;
• Link the Site to any other site without Pythagoras ’s prior written consent;
• Loan, lend, lease or transfer the Service or any information provided by the Service to any person; or
• Allow any third party to do any of the acts referred to above.

5. Intellectual Property Rights

• The Service and the Site are owned by Pythagoras and Pythagoras retains all of the Intellectual Property Rights.  These terms do not grant you any rights in respect of the Intellectual Property Rights.
• You must not do, or permit the doing of, any act which infringes the Intellectual Property Rights.

6. Exclusion of Warranties

Pythagoras does not warrant that either the Service or the Site is error free, and you acknowledge that the existence of any such errors do not constitute a breach of this Agreement.  Pythagoras makes no warranty as to the accuracy of the Service or the Site, or any information provided with or through the Service or the Site.  To the extent permitted by law, Pythagoras excludes all statutory warranties and implied terms (“implied warranties”), however, if any implied warranties do apply to these terms, then Pythagoras limits its liability in respect of a breach of an implied warranty to the maximum extent permitted by law.

7. Liability

You agree that, other than to the extent specified in Clause 6 above, Pythagoras will not be liable to you for any loss or damage (including consequential or incidental loss or damage including but not limited to lost property or of profit, business, revenue or anticipated savings) however caused (whether by Pythagoras ’s negligence or otherwise) including any loss or damage caused directly or indirectly out of the use of this Service or the Site by you or any person other than you.

8. Your Equipment

You acknowledge that to use the Service and the Site you must:-

• take into account the information set out in the Financial Services Guide and any Manuals;
• provide and use your own computer software and hardware;
• arrange for the Service to be useable on your hardware, and integrated with your own software; and
• use the Service only in the manner suggested on the Site;
• and you acknowledge that Pythagoras has no responsibility to do or assist you to do any or all of these things.

9. Term of This Agreement

Subject to Clause 10, these terms apply from the date that you subscribe to the service and shall continue to apply for so long as you continue to be a paid up subscriber of the Service. .

10. Termination
    Pythagoras may terminate your subscription to the Service and block your access to the Site at anytime by giving you written notice (effective immediately) if you breach any of these terms. No subscription fees will be refunded.
11. No Assignment

You must not assign nor sub-licence any of your rights to use the Service or the Site or your obligations under these terms to any person without Pythagoras ’s prior written consent which may be given or withheld in Pythagoras ’s absolute discretion.

Disclaimer

The Copyright and Disclaimer Notice is specifically incorporated into this Agreement and forms part of this Agreement.  By accepting this Agreement, you acknowledge receipt of the Copyright and Disclaimer Notice and agree that you have read it, understood it and abide by its terms. The Copyright and Disclaimer Notice is below.

Governing Law

This Agreement is governed by the laws of the State of Victoria, Australia.

Copyright & Disclaimer Notice

For the web based subscription service providing general recommendations regarding of securities, known as Pythagoras (“Service”) and operating from www.pythagorasinvesting.com (“Site”) Copyright Notice © 2017 Pythagoras Investment Timing Index Pty Ltd ABN 88 147 371 113. All rights reserved. The copyright in this Service and all of the information forming part of this Service (whether displayed on the Site or made available by other means) is owned by Pythagoras Investment Timing Index Pty Ltd and are valuable trade secrets of Pythagoras Investment Timing Index Pty Ltd. Apart from as permitted by the Copyright Act, no part may be reproduced by any process without the written permission of Pythagoras Investment Timing Index Pty Ltd.

Disclaimer Notice
Pythagoras Investment Timing Index Pty Ltd (“Pythagoras”) ABN 88 147 371 113 is a Corporate Authorised Representative of AFSL 431288 and is authorised to provide general financial product advice to retail and wholesale clients in relation to securities.

No information supplied through this Service is intended to be ‘personal’ advice within the meaning of the Corporations Act 2001. All subscribers to the Service (including any person not authorised to use the Service) hereby acknowledges that:
1. The applications of the Service are limited.
2. Pythagoras does not know and will not know any one or more of your personal objectives, needs or financial circumstances.
3. The Website Terms & Conditions of Use and Financial Services Guide have been made available to the subscriber.

For these reasons, subscribers should seek professional investment advice and check the currency of information provided before acting on any investment decision.

• To the maximum extent permitted by law, none of Pythagoras, its officers or employees:
  · make any representation or warranty, express or implied, as to the accuracy, completeness, reasonableness or reliability of the information contained in the Service or on the Site;
• (except as required by law) accept liability, jointly or severally, for loss (including consequential loss) or expense of any nature (“Loss”) arising directly or indirectly from the use of or reliance on the Service or any information derived from the Service including in all cases, without limitation, any Loss arising (in part or in full) from the negligence of any person.

Subscribers to the service must rely on their own investigation, analysis and interpretation in determining the correct application of the information contained in or generated by the service to the particular financial situation and individual objectives, needs and circumstances of the subscriber or any other person or entity. This product is intended as general advice only and is not a substitute for professional advice.