Program Terms & Conditions
Fokas Beyond Covered Call Premium Pack
TERMS AND CONDITIONS OF PURCHASE
Wealth Intelligence P/L t/as Fokas Beyond and/or Seller – means but is not limited to Fokas Beyond, George Fokas, Directors, Offcers, Employees, Contractors, Share holders, Speaker/s (referred to collectively as “us”, “we” or “our”).
You, Your and/or Client – means the person named on the Enrolment form, registered online, named in our database or has requested services to be rendered from Fokas Beyond or Wealth Intelligence Pty Limited electronically, by phone or in written form or any other method not mentioned (referred to collectively as “you”, “your” “client” or “yourself”).
Seminar/s, Event/s – a conference where you attend and are given information or training which may be in person, via the internet or electronic means and either held by us or a company promoting us (referred herein as “Seminar”, “Event”, “Bootcamp”, “Workshop”, “Intro”, “Webinar”.
Partner/Secondary Member - strict understanding that Wealth Intelligence P/L’s defnition of a Partner/Secondary Member is a husband or wife or child under 21, that is living in the same household as the primary client.
You agree to pay Wealth Intelligence P/L t/as Fokas Beyond the payment for the services we are to provide, listed under program inclusions on the enrolment form, that You have selected whether now, in the past or in the future. You understand that the services will be provided to You in good faith and that there will be circumstances where the services promised may not be delivered and You agree to the terms and conditions outlined below and also to any additional terms and conditions that may be applicable either now or in the future with regards to this service which are not outlined herewith.
1. Acknowledgements by client
1.1 The participant acknowledges that:
(a) Wealth Intelligence Pty Ltd t/as Fokas Beyond is a Corporate Authorised Representative (CAR. 410066) and George Fokas is an Authorised Representative (AR. 316827) and up to date licensing details are located on our website, www.fokasbeyond.com
(b) all material inclusive, but not limited to, proposals, documents, concepts, ideas, offers, features, charts & quotes, calculations, formulae, intellectual property, strategies and any other Wealth Intelligence P/L materials, whether written or oral (material), referred to or provided to You by Wealth Intelligence P/L, has been referred or provided to You as general educational information only which:
i. will require further research to identify its application to the specifc requirements for Your fnancial circumstances by a Financial Planner or Financial Advisor
ii. will, dependent on the further research to be undertaken as referred to above, require modifcation to appropriately apply to the specifc requirements You have for your personal circumstances
iii. is referred to or provided by way of example only and is not intended to be nor is it accepted as specifc investment recommendations or advice to You.
(c) the laws relating to fnance, property, investment, taxation are constantly changing and whilst all care is taken in the formulation, presentation and dissemination of the information, Wealth Intelligence P/L does not warrant the accuracy or appropriateness of the information for the client’s specifc investment requirements.
(d) any investment decisions made by You, whether as a result of information provided by us or otherwise, will be undertaken only after:
i. consideration of all relevant facts or issues
ii. obtaining independent fnancial, investment and legal advice.
(e) all intellectual material is subject to copyright and is proprietary of Wealth Intelligence P/L.
(f) You are not authorised nor shall you photograph and/or record any Events or Seminars we hold which you may participate in.
(g) Wealth Intelligence P/L may hold shares in the companies presented and may be entitled to commissions on certain products.
(h) You shall not duplicate by any means whatsoever any of the information that is provided to you irrespective if you have or haven’t paid for the material.
(i) If You are found to be recording whilst at a Seminar or Event held by us with any form of recording media, the said media will be confscated and become the sole property of Wealth Intelligence P/L. We reserve the right to exclude the participant from the remaining portion of the event if they are found with a recording device and may not be allowed to attend any future Seminar or Event.
(j) You shall not provide our information and/or content to anyone either in physical form and/or online/electronic form.
(k) At Wealth Intelligence P/L’s discretion we may request proof of address to validate any claim of a Partner/Secondary Member. At any stage we can refuse to include or remove Partner from the education if we choose.
(l) You are responsible for any Partner that is included by us into the program and their actions with regards to our terms and conditions.
(m) You must provide to that Partner a copy of these terms and conditions as they are bound jointly to our terms and conditions.
2.1 You release us absolutely from all or any responsibility or liability for any losses, claims or demands that may be incurred as a result of the client using the information for investment or other purposes. The information is provided solely for general education purposes and neither purports nor intends to be advice. No consideration has been given or will be given to Your individual investment objectives, fnancial situation or specifc needs. Investments can rise and fall in value. The decision to invest or trade and the method selected is a personal decision and may involve an inherent level of risk. Although every effort will be made to explain the risks associated with the strategies, not all risks can or will be explained in any format. Wealth Intelligence P/L and associates expressly disclaims any liability arising from the use of this information. Wealth Intelligence P/L and associates do not provide legal, fnancial or other professional advice.
3.1 You acknowledge that we may photograph and/or record Events or Seminars and You authorise us to utilise any such photographs or recordings in any matter whatsoever unless You provide us with written documentation requesting we do not utilise this.
4.1 You hereby agree that You may not represent yourself, whether expressly or implied, to be in any way connected with us: be it representative, agent, employee, partner or in any other way.
5.1 You agree that any material is strictly confdential and remains the copyright and proprietary of Wealth Intelligence P/L. You agree to not adopt or use the material provided for any other purpose; especially not to conduct any other promotional or marketing activity without the prior written consent from Wealth Intelligence P/L. Any material provided now or in the future was accurate at time of press but can be altered at any time without notice. Furthermore, You acknowledge that the material contained within this document is subject to copyright and is proprietary of Wealth Intelligence P/L.
6. Default & Consequences of Default
6.1 If You default in any payment of any invoice when due, You shall indemnify Wealth Intelligence P/L from and against all costs and disbursements incurred by us in pursuing the debt including legal costs on a solicitor and own client basis and our collection agency costs.
6.2 Without prejudice to any other remedies may have, if at any time You are in breach of any obligation (including those relating to payment), Wealth Intelligence P/L may suspend or terminate the supply of program inclusions to You and any of its other obligations under the terms and conditions. Wealth Intelligence P/L will not be liable to You for any loss or damage you suffer because Wealth Intelligence P/L has exercised its rights under this clause.
6.3 Without prejudice to Wealth Intelligence P/L’s other remedies at law, we shall be entitled to cancel all or any part of any order of yours which remains unfulflled and all amounts owing to us shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Wealth Intelligence P/L becomes overdue, or in our opinion You will be unable to meet its payments as they fall due; or
(b) You being an individual become bankrupt, convene a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the beneft of Your creditors or being a company become insolvent, convene a meeting with its creditors or makes an assignment for the beneft of Your creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of You or any asset of yours.
6.4 A dishonour fee of $50 is applicable for every attempt made by Wealth Intelligence P/L to collect funds due, when a total monthly payment or any other amount due under Your contract is unable to be processed (this includes but is not limited to, defaults on a payment due to insuffcient funds in Your nominated bank account, a declined transaction or for those customers who default in their direct debit payments).
6.5 A payment deferral fee of $55 is applicable, where Wealth Intelligence P/L agrees to defer a total monthly payment or any other amount due under the agreement upon written request from a client.
6.6 Dishonour fees are payable immediately upon the dishonour. A payment deferral fee is payable at the same time as the deferred payment is due.
7. Permission to use testimonials
7.1 If You provide a testimonial about Wealth Intelligence P/L, we may use the testimonial, in part or whole, to promote us in any format or medium at any time.
8. Pricing and Payment
8.1 At Wealth Intelligence P/L’s sole discretion the price shall be either the event price or the full price.
8.2 At Wealth Intelligence P/L’s sole discretion:
(a) payment shall be due before the facilitation of the education and email series to get you started; or
(b) payment for approved Clients shall be made by installments in accordance with Wealth Intelligence P/L payment plan agreement.
8.3 Where Wealth Intelligence P/L agreed to a weekly, fortnightly or monthly payment schedule then a reasonable administration fee will apply to those accounts at our discretion.
8.4 PIF (pay in full) Today Only rate is valid on the date of presentation only, unless otherwise agreed.
8.5 At Wealth Intelligence P/L’s discretion, a deposit amount may be accepted from you, to hold the program price outlined by us on the date you signed the enrolment form or agreed to proceed, via phone or electronic means. This allows you to proceed with the program inclusions, at a future date of no longer than 12 months from date of enrolment and/or payment of deposit, whichever is frst, once full payment has been received. This deposit is non refundable.
8.6 Receipt of payment will be provided to you once payment has been made in full either by Wealth Intelligence P/L or from the company processing your payment.
9. Delivery of Program Inclusions
9.1 The online program membership will commence:
a) immediately, once full payment has been made, or
b) once 1 full part payment and postage and handling cost has been made as per Wealth Intelligence’s 3 consecutive part payment schedule or
c) once all payments are received, if an extended part payment schedule has been arranged and agreed upon
9.2 At Wealth Intelligence P/L’s sole discretion delivery of the physical product will be sent to the nominated address on the enrolment form for delivery and shall take place
a) within 3 months from enrolment, when the Client has paid in full or
b) within 1 month from date full payment has been received when on payment plan
9.3 At Wealth Intelligence P/L’s sole discretion physical delivery of the product (if applicable) shall take place when:
(a) the Client takes possession of the materials at the Client’s nominated address (in the event that the products are delivered by us or our agent); or
(b) the Client takes possession of the product at our nominated address for collection.
9.4 Where the Client expressly requests Wealth Intelligence P/L to leave course materials outside Client’s premises for collection or to deliver the product to an unattended location then such materials shall be left at the Client’s sole risk and it shall be the Client’s responsibility to ensure the products are insured adequately or at all.
9.5 Whether signed for on delivery or not, once delivery has been provided, it is accepted as received by the client and delivery completed.
9.6 At Wealth Intelligence P/L’s sole discretion the costs of freight are: (a) included in the Price; or (b) in addition to the Price; or (c) for the Client’s account.
9.7 In the event that the Client has received any bonuses at the event/seminar, these bonuses are to be provided at the discretion of Wealth Intelligence P/L. Coaching with George Fokas is at George Fokas’s discretion. Bootcamps to be conducted within 12 months of enrolment will have no set dates and do not need to be provided to the client at time of enrolment or within the period of the course, until Wealth Intelligence P/L has confrmed dates in respect to bootcamps.
9.8 At Wealth Intelligence P/L’s sole discretion the Seminar/Bootcamp may be postponed or the dates, times or venue may change. Wealth Intelligence P/L shall notify the Client via email of such changes. The Client shall have no claim upon Wealth Intelligence P/L for refund or compensation due to changes made.
9.9 The failure of Wealth Intelligence P/L to deliver the Seminar/Bootcamp or any other bonuses offered shall not entitle either party to treat this contract as repudiated.
9.10 Wealth Intelligence P/L shall not be liable for any loss or damage whatsoever due to failure by us to deliver the Seminar/Bootcamp (or any of them) promptly or at all, where due to circumstances beyond the control of Wealth Intelligence P/L.
10. Cancellation and Refund Policy
10.1 Programs/services purchased from Wealth Intelligence P/L come with a 3 day cooling offperiod from the date of which payment, presentation or order form is received, whichever is frst (3 day cooling off period includes weekends and public holidays) and is subject to a cancellation fee, outlined in clause 10.3.
10.2 After 4pm Sydney time on the 3rd day there will be no refund whatsoever and you will be bound and liable for the full cost of the program.
10.3 Wealth Intelligence P/L will charge a cancellation fee of $495.00 when You cancel within 3 days from the event. The $495 cancellation fee applies to all refunds in addition to any other applicable fee or charge in our terms and conditions.
10.4 If You have accepted our email series that is sent to you once enrolled and/or have spoken with Wealth Intelligence P/L and have been provided with the process of our strategy in placing a trade and/or placed a trade within the three (3) day cooling off period then the cancellation is at the discretion of Wealth Intelligence P/L. We are entitled to charge a fee for the time allocated to speak with you at $100 per hour for a minimum of one (1) hour rate even if the time taken was less than one (1) hour. This will apply for time allocated between 10am – 4pm Sydney time Monday to Friday. Outside of these hours, then a rate of $200 per hour with a minimum of an hour rate to be charged even if the time was less than an hour and per hour there after rounded up. This is in addition to any other fees payable or charged to you as per this agreement.
10.5 If your refund request is valid and approved, refunds or alternatively a product credit will be issued at our discretion.
10.6 If a specifc refund policy applies to your product you must abide by all the terms and conditions stated, otherwise You may lose Your right to a refund.
10.7 If You purchase a program or service and apply for a refund any future program purchases become non refundable regardless of the refund period. NB. All prices quoted are in AUD (Australian Dollars).
10.8 A refund request must be in writing and sent to our offce either by fax (02) 9758 1006 or email to email@example.com. If sent via email it must also be followed up by a phone call (02) 9758 1005 within 48 hours to confrm receipt.
11. Privacy Act 1988
11.1 You consent to Wealth Intelligence P/L being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
11.2 You agree that personal credit information provided may be used and retained by us for the following purposes and for other purposes as shall be agreed between You and Wealth Intelligence P/L or required by law from time to time:
(a) provision of program inclusions; and/or
(b) marketing of program inclusions by the Seller, its agents or distributors in relation to the inclusions; and/or
(c) analysing, verifying and/or checking Your credit, payment and/or status in relation to provision of products; and/or
(d) processing of any payment instructions, direct debit facilities and/or credit facilities requested by You; and/or
(e) enabling the daily operation of your account and/or the collection of amounts outstanding in Your account in relation to the products.
11.3 Wealth Intelligence P/L may give information about You to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about You; and/or
(b) allow the credit reporting agency to create or maintain a credit information fle containing information about You.
11.4 The personal information about You is being collected by or on behalf of Wealth Intelligence P/L to register You in our program and to facilitate the conduct of that program. If you don’t provide us with Your name and contact details, You will not be able to participate in the program. We may also use Your personal information to inform You about related products and services offered by us or associated companies. If You do not want this to occur, You will need to provide this to us in writing.
11.5 Your personal information may be disclosed to our contractors and agents (such as conference organisers and information technology providers) and may be transferred overseas for these purposes.
11.6 By joining and/or enrolling into a course or program with Wealth Intelligence P/L, You acknowledge that the program may be recorded by us using various media and that we may sell or give away videos, audio cassettes, photographs and transcripts of the workshop, and use them in its marketing, publicity and advertising programs (both in Australia and overseas). If You would like to access the personal information that we hold about You, please contact us. We will generally provide You with access to Your personal information (although a fee may be imposed for the time to search and fnd this information). If You provide information about other individuals on this Registration Form (e.g. referrals), please let those individuals know that You have done so.
11.7 Wealth Intelligence P/L and associates are committed to protecting and maintaining the privacy, accuracy and security of Your personal information. The personal information will be used to establish and maintain You as a client.
12.1 This material is made available on the understanding that Wealth Intelligence P/L is not engaged in providing any fnancial advice.
12.2 Information on our products is maintained by the people and organisations it relates to. Before relying on the material, You should independently verify its accuracy, currency, completeness and relevance for their purposes, and should obtain any appropriate professional advice.
12.3 The material may include views or recommendations of third parties, which do not necessarily refect the views of Wealth Intelligence P/L, or indicate its commitment to a particular course of action.
12.4 Links to other websites/products are inserted for convenience and do not constitute endorsement of material at those sites, or any associated organisation, product or service.
12.5 The listing of a person or company in any part of this program in no way implies any form of endorsement by Wealth Intelligence P/L of the products or services provided by that person or company.
12.6 To the extent permitted by law, Wealth Intelligence P/L and its respective directors, offcers, employees, contractors and agents disclaim all responsibility to you for any loss, liability, claim, expense (including but not limited to legal costs and defense or settlement costs) or damage whatsoever, whether consequential, special, incidental or indirect (including but not limited to loss of profts, trading losses and damages that result from delay, loss or inconvenience) arising out of or in connection with the content of the inclusions and/ or any omissions from the content whether in contract, tort (including negligence), statute or otherwise and even if Wealth Intelligence P/L has been advised of the possibility of such damage or loss.
13.1 Nothing contained in this agreement excludes, restricts or modifes any rights you have under the Australian Consumer Law, which cannot be lawfully excluded or limited. For example, your rights include an assurance from us that any services provided are provided with due care and skill and that any materials supplied in connection with those services are reasonably ft for their purpose and that any goods supplied are of merchantable quality. Other than as referred to above or expressly stated in this agreement, Wealth Intelligence P/L does not make any promises or warranties, whether express or implied, about the services or any of our inclusions. This educational material is purely educational in nature. We do not give specifc advice and any trades shown in or at any Seminars, Workshops or in educational material are for educational purposes only. The information in our education including but not limited to Stock Picks, Stock Reports and any other material provided during the course of the program is only intended as a guide, and the strategies discussed along with the information provided is simply and purely educational. Past performance is no guarantee of future performance and you may not get back the amount you invest. The value of investments and the income from them may go up or down and are not guaranteed. Past performance and any examples or testimonials cited is no indication or guarantee of anticipated future results. Individual results will vary and cannot be guaranteed.
13.2 In the event that Wealth Intelligence P/L and its respective directors, offcers, employees, contractors and agents is liable to any Seminar or Event You or any of Your guests attend or for products or services purchased from us then Wealth Intelligence P/L and its respective directors, offcers, employees, contractors and agent’s total liability whatsoever (including in negligence) is limited to a maximum amount of $200 in respect of each such attendee, member or client.
13.3 You have requested Wealth Intelligence P/L and its respective directors, offcers, employees, contractors and agents to provide You with a service and that You are aware that this is outside any other arrangement You have made in the past or present with any third party and that You have made frst contact to have these services provided to You from Wealth Intelligence P/L.
13.4 This agreement between Wealth Intelligence P/L and You is to be kept strictly confdential and is not to be discussed or mentioned. You are not permitted to discuss (verbally, in electronic format or otherwise) or provide any information to any third party either associated with You or us either in association with these services provided or outside of these services that are negative in nature against Wealth Intelligence P/L.
13.5 In the event that you do discuss negative information with any other person, Corporate body or Legal Entity, any Legal Costs, Legal Liabilities or injunctions imposed where any monies need to be paid out due to You disclosing this information between You and Wealth Intelligence P/L whether directly or indirectly or breach any of our terms and conditions in this agreement will be a cost that You will compensate Wealth Intelligence P/L for including all out of Pocket expenses. Any future income that will be lost due to this disclosure will be paid by You to Wealth Intelligence P/L in compensation for Two (2) years income that would have been generated whether directly from these services or any services that Wealth Intelligence P/L would have received if this disclosure was not breached.
14. Intellectual Property
14.1 You acknowledge and agree that materials provided to you contain proprietary and confdential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by Wealth Intelligence P/L, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on the materials, in whole or in part.
15. Legally Binding
15.1 This is a legally binding contract. By enrolling and/or investing, you acknowledge that you have read, accepted and agreed to be bound by these terms and conditions.
16. Variation of terms
17.1 If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.
18. Entire Agreement
18.1 This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof.
19. Governing law
19.1 The agreement shall be governed and construed in all respects in accordance with the laws of New South Wales.
GENERAL ADVICE WARNING
You should not act on the basis of any information provided in our material, at our seminars or in the slide presentations or meeting conducted between You and us and should seek advice for their specifc circumstances. The contents of any products have been prepared without taking account of Your objectives, fnancial situation or needs. Because of that You should, before taking any action to acquire any of the educational products offered, consider whether the product is appropriate having regard to Your own objectives, fnancial situation and needs. You should obtain Your own independent advice relating to the relevant fnancial product mentioned in this program (which contains full details of the terms and conditions of the relevant educational program) and consider it before making any decision about whether to acquire the educational program.