1. DEFENITIONS
1.1 “Attendee” means, and includes, the person or persons whose particulars are listed at the conclusion of this Disclaimer Form and includes the Attendee acting in the capacity of agent, employer, employee, shareholder, partner, adviser, consultant or in any other capacity.
1.2 “Company” means, and includes, KLR Marketing Pty Ltd (ACN 109 810 362) or related bodies corporate and subsidiaries of KLR Marketing Pty Ltd and all employees, consultants and contractors and their respective bodies corporate and subsidiaries.
1.3 “Information” means all information in any material, form or medium that is:
1.3.1 disclosed or communicated by or on behalf of, the Company to the Attendee; or
1.3.2 created, ascertained, discovered or derived by the Attendee whether directly or indirectly from any such information disclosed or communicated by or on behalf of the Company to the Attendee including, without limitation information such as notes materials, manuals, handouts documents, concepts, ideas, formulae and any other materials given to the Attendee.
1.4 Seminar means the public or private schools or seminars presented by the Company to the Atendee and other participants.
1.5 A reference to a person includes a firm, body corporate, an unincorporated association or an authority (including a subsidiary or related corporation as defined in the Corporations Law)
DISCLAIMER
2.1 The information contained in any form whatsoever provided to the Atendee by the Company, either orally, in writing or howsoever, during the Seminar or to any other time whosoever is provided to the Attendee by the Company on the understanding it neither represents, not is intended to be, advice and is provided as general information only which will require further consultation to identify the applicability of the information to the specific requirements of the Attendee and is referred to by way of example only.
2.2 The Company does not warrant the accuracy of the information or the appropriateness for the Attendee specific requirements.
2.3 The Attendee should obtain independent financial and legal advice in respect of their specific requirements or any investments to be contemplated by the Attendee.
2.4 The Company, its directors, any presenters or consultants or any other person involved in the preparation and distribution of the information expressly disclaim all and any contractual tortuous and any other form of liability to any person in respect of the information and any consequences arising from its use be any person in reliance upon the whole or part of the contents of the information.
3 ACKNOWLEDGEMENT BY THE ATTENDEE
The Attendee acknowledges that in relation to the Company and any consultants who are to present at the seminar that they are not a licensed investment adviser or financial planner . If particular trading situations are mentioned, they are mentioned for illustrative or educational purposes only.
4 CONFIDENTIALITY
4.1 The Attendee agrees that the information provided to the Attendee at the Seminar or at any other time is Confidential Information and is confidential tot he Company and remains the property of the Company.
4.2 The Attendee may only use the Confidential Information for the purpose envisaged by the Seminar and the Attendee acknowledges that the Company, or its related bodies corporate or affiliates, shall have the right to instigate legal proceedings or seek damages or any appropriate remedy to enforce the terms of this clause.
5 COPYRIGHT
5.1 The Attendee acknowledges that the information or any other material provided to the Attendee is subject to copyright and the Company is the registered proprietor of the copyright.
5.2 As the Company is the registered proprietor for the copyright, no part of the information or any other materials provided to the Attendee may be reproduced or distributed in any form or for any purpose without the prior written consent of the Company.
6 RELEASE
The Attendee agrees and acknowledges that if it uses any Confidential Information or the Information provided by the Company for investment or other purpose that it releases, absolutely, the Company from any and all liability or responsibility for any loss, claim, damage, demand, obligation or express which may be incurred by the Attendee.
7 SEVERANCE
If any provision of this Agreement shall be invalid or not enforceable in accordance with its terms all other provisions, which are self-sustaining, and capable or separate enforcement without regards to the invalid provision shall be and continue to be valid and enforceable in accordance with their terms.
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