|
Disclaimer
None
of Gryphon Learning, its Authorised Representatives, the "Gryphon
System", "Gryphon MultiMedia", and "Gryphon
Scanner" take into account the investment objectives, financial
situation and particular needs of any particular person and before
making an investment decision on the basis of the "Gryphon
System", "Gryphon MultiMedia" and "Gryphon
Scanner"or any of its authorised representatives, a prospective
investor needs to consider with or without the assistance of a
securities adviser, whether the advice is appropriate in the light
of the particular investment needs, objectives and financial circumstances
of the prospective investor.
Terms
of use of Gryphon Learning products
At
the time of installation of the Gryphon Learning products you
will be asked to accept the terms and conditions applicable to
the use of that specific product. In addition to those terms and
conditions, there are a number of others also applicable to various
products and these are set out hereunder.
Gryphon Learning has three different types of products each attracting
somewhat different criteria in respect of the licensing for their
usage. These products and the licensing authorizations therefore
are as follows:
Academic Products including Diplomas and Certificates which also
include PS146 Competency Training and Assessment services. These
products are sold on the basis of a single user license. Each
student, must individually enrol, and each student / user will
receive a single copy of the appropriate product for their sole
usage. These products must not be passed on, or made available,
to others and they are for the sole use of the original purchaser
and they must not be used as any part of any group training program.
Continuing Professional Development Services. These products are
sold to users on either an individual or single user basis and
also alternatively on an enterprise or corporate wide basis. Where
sold on an enterprise or corporate wide basis the terms and conditions
of usage and any licensing restrictions are included in the agreements
executed between Gryphon Learning and that business or corporate
client. All other students / clients are considered to be individual
or single students / users. For these individuals or single users
/students the products must not be passed on, or made available,
to others as they are for the sole use of the original purchaser
and they must not be used as any part of any group training program.
Wealth Creation products, including seminars, workshops, multimedia
courseware and proprietary tools and indicators and trading systems.
These products are sold solely on the basis of an individual or
single user license. Each student must individually enrol and
each student / user will receive a single copy of the appropriate
products for their sole usage. These products must not be passed
on, or made available, to others as they are for the sole use
of the original purchaser and they must not be used as any part
of any group training program or even as a component of any investment
club.
Subscribers to the Hawkeye product acknowledge that Gryphon Learning
intends to deliver Hawkeye Autopilot (the version with an automated
interface into trading markets) via either the clients local Personal
Computer or at Gryphon Learning discretion, via a centrally operated
server and that the use and operation of this version, will be
subject to a separately agreed contract and will also be subject
to profit sharing arrangements after the first 20% profit.
Other than where a specific formal agreement has been executed
between Gryphon Learning and a business or corporate client, then,
You attest that the following terms correctly describe you as
a Non Professional. Gryphon Learning defines a "Non Professional"
as an individual for whom the four statements set out in the following
paragraphs are true.
1. You represent and agree that the following statements
are and will continue to be true for so long as you receive Gryphon
Learning products as a Non Professional:
|
a)
|
You
are attesting that you are agreeing with these criteria
in this Agreement in your own individual capacity and not
on behalf of any other person or any corporation, partnership,
limited liability company, trust, association, financial
services education organization, trading club or group or
other form of entity.
|
| b) |
You
shall use the Gryphon Learning products solely in connection
with your individual personal investment activities and not
in connection with any trade, education or business activities
without the prior written agreement of Gryphon Learning. |
| c) |
You
are not a securities broker-dealer, investment advisor, futures
commission merchant, commodities introducing broker or commodity
trading advisor, member of a securities exchange or association
or futures contract market, or an owner, partner, or associated
person of any of the foregoing. |
| d) |
You
are not employed by a bank or an insurance company or an affiliate
of either to perform functions related to securities or commodity
futures investment, funds management or any trading activity. |
2.
You agree to
notify Gryphon Learning promptly if your circumstances change such
that any of the clauses in this statement would no longer be true
for you.
Financial
Services Guide
The
Financial Services Guide describes the following:
-who
we are,
-how
we can be contacted,
-what
the services are that we offer,
-which
associations and relationships we have with financial product
issuers,
-what
the costs of our services are,
-the
remuneration, commissions and fees that may be paid to us, our
employees and our consultants,
-how
and with whom you can lodge a complaint and how it will be dealt
with,
-how
we collect your personal information,
-any
potential conflicts of interest that we may have.
-details
of any other documentation that may be provided to you to support
the activities which our Financial Services Licence entitles us
to provide.
1.This
Financial Services Guide (FSG) is issued by Gryphon Learning Pty
Ltd, ABN 70 098 597 427 to advise you of the Financial Services
we offer. It is designed to help you decide whether to use these
services and allows you to see that we are complying with our
obligations as a Financial Services Licensee.
2. We
can be contacted at the address or via telephone and / or fax
as detailed at the foot of this page. Click
here to see contact details.
3. Gryphon
Learning Pty Ltd is a Registered Training Organisation (RTO) provider
# 21327 who has amongst other things a number of Financial Services
qualifications and courses listed on our scope of Registration
and in addition Gryphon Learning also has a number of its courses
listed on the Australian Securities and Investments Commission
(ASIC) Training Register, allowing Gryphon Learning to provide
training and assessment services for people wishing to qualify
for the provision of Financial Services advice in the following
Market sectors, Securities, Derivatives, Managed Investments and
Superannuation. Further, Gryphon Learning is an ASIC authorised
Australian Financial Services Licensee (# 246606) with a licence
that:
authorises the licensee
to carry on a financial services business to:
| Condition start date time 01/04/2009 |
|
1. |
This licence authorises the licensee to carry on a financial services business to: |
|
|
(a) |
provide financial product advice for the following classes of financial products: |
|
|
|
(i) |
deposit and payment products limited to: |
|
|
|
|
(A) |
basic deposit products; |
|
|
|
|
(B) |
deposit products other than basic deposit products; |
|
|
|
(ii) |
derivatives; |
|
|
|
(iii) |
foreign exchange contracts; |
|
|
|
(iv) |
interests in managed investment schemes including: |
|
|
|
|
(A) |
investor directed portfolio services; |
|
|
|
(v) |
securities; |
|
|
|
(vi) |
superannuation; and |
|
|
|
(vii) |
financial products limited to: |
|
|
|
|
(A) |
miscellaneous financial investment products limited to MDA services; |
|
|
(b) |
deal in a financial product by: |
|
|
|
(i) |
issuing, applying for, acquiring, varying or disposing of a financial product in respect of the following classes of financial products: |
|
|
|
|
(A) |
derivatives; |
|
|
|
|
(B) |
interests in managed investment schemes limited to: |
|
|
|
|
|
(1) |
own managed investment scheme only; and |
|
|
|
|
(C) |
financial products limited to: |
|
|
|
|
|
(1) |
miscellaneous financial investment products limited to MDA services; and |
|
|
|
(ii) |
applying for, acquiring, varying or disposing of a financial product on behalf of another person in respect of the following classes of products: |
|
|
|
|
(A) |
deposit and payment products limited to: |
|
|
|
|
|
(1) |
basic deposit products; |
|
|
|
|
|
(2) |
deposit products other than basic deposit products; |
|
|
|
|
(B) |
derivatives; |
|
|
|
|
(C) |
foreign exchange contracts; |
|
|
|
|
(D) |
interests in managed investment schemes including: |
|
|
|
|
|
(1) |
investor directed portfolio services; |
|
|
|
|
(E) |
securities; |
|
|
|
|
(F) |
superannuation; and |
|
|
|
|
(G) |
financial products limited to: |
|
|
|
|
|
(1) |
miscellaneous financial investment products limited to MDA services; and |
|
|
(c) |
provide the following custodial or depository services: |
|
|
|
(i) |
operate custodial or depository services other than investor directed portfolio services; |
|
|
|
|
to retail and wholesale clients. |
|
Gryphon
Learning is authorised to provide General Product advice and also
Personal advice. Gryphon Learning however specifically chooses not to provide personal advice.Personal advice includes financial product advice
given where a client's objectives, financial situation or needs
have been, or might reasonably be expected to have been, taken
into account. General advice is financial product advice that
is not personal advice.
4.Currently
Gryphon Learning has associations or relationships with Financial
Product issuers such that Gryphon Learning may be paid a commission
from St George Bank for referrals of clients who subsequently
take out margin loans from St George Bank. In addition Gryphon
Learning provide services to Aerarius Indicium Pty Ltd for the
sales and marketing activities associated with the sales and delivery
of the PhoenixAI market Information service. Further, Gryphon
Learning may earn a commission for the successful promotion of
The Inside Trader newsletter if it advertises this educational
tool to its client / student base. Gryphon Learning may also earn
commissions from GET Futures for referral of clients to GET Futures.
Similarly, Keith Nielsen of The Inside Trader may earn commissions
from Gryphon Learning, GET Futures and other service providers.
5.The
costs of our services are listed on our website and they do vary
from time to time. However services delivered to retail clients
are based around four differing products and different types of
products. These range from the
b)production,
sale and delivery of MultiMedia educational material designed
to educate and train clients in the operations and opportunities
in financial markets, these services are typically delivered based
around a one time fee for the provision of the educational material
with current prices and actual products all listed on the Gryphon
Learning website accessed via the following link. http://www.gryphonlearning.com.au
b)promotion
and delivery of educational workshops which are also designed
to better educate clients and students in the same operations
of the various financial markets, together with delivery of and
education in mathematical statistical analytical systems. These
systems and services are typically based around a one time fee
with current prices and actual products all listed on the Gryphon
Learning website again accessed via the following link. http://www.gryphonlearning.com.au
c)promotion
and sale of the PhoenixAI market Information service to prospective
or current investors, these products are delivered based around
an initial software sale price, together with the on-going monthly
data plan service charges applicable to the client selected data
plan. Details of the various charges applicable from time to time
are set out in the following website http://www.phoenixai.com.au
d)
promotion and sale of the Inquisitor, market scanning service,
designed to assist investors and traders to use automated tools
to scan for and select potential market investment opportunities,
the charges as applicable from time to time, for this service
are also set out in the following website http://www.phoenixai.com.au
6.
Remuneration to Gryphon Learning, results directly from fees and
charges levied for the services provided at the rates advertised
for those services at the time of offer for those services. In
addition, Gryphon Learning may receive commissions from St George
Bank as margin loans are taken out by clients referred to St George
Bank by Gryphon Learning. These commissions range between 0.5%
& 0.8%. Further, it is expected that other financial services
licensees will pay commissions to Gryphon Learning for referring
clients to the services that those other businesses offer to the
marketplace. The presenters who facilitate the face to face seminars
and workshops on behalf of Gryphon Learning and as authorised
representatives of Gryphon Learning, will be paid their out of
pocket travel expenses and a commission based on revenues earned
by Gryphon Learning as a result of their efforts in facilitating
those workshops. Other staff and / or consultants are paid salaries
or fees for services and expenses, as the case may be. Some Gryphon
Learning staff, consultants and distributors may earn additional
performance based incentives.
7.
In the event that you are dissatisfied with the services we have
provided, you should in the first instance address those concerns
directly by telephone to The Chief Executive Officer, Gryphon
Learning Pty Ltd at the phone number shown on the foot of this
document. Any follow-up should be in writing by facsimile to
the fax number or else mailed to the postal address, shown also
at the foot hereof. Should you remain dissatisfied after discussion
and/or written communication with the CEO of Gryphon Learning
then you should contact the Financial Ombudsman Service,GPO
Box 3, Melbourne, Vic 3001. Gryphon Learning
is a member of FOS.
8.
Gryphon Learning as an educational organisation is required to
maintain detailed student records and as such before any of our
course material, workshops or any other methods of study are delivered
we do require registration and / or enrolment of all students
/ clients. The resultant student records are held in our databases
and we do not pass on any of those records to other external organisations,
other than as the law may require. Gryphon Learning aims to keep
all current and former students / clients informed of pertinent
educational material and courses available, and similarly with
other relevant financial services, as appropriate support material
becomes available, it too will be promoted to our students / clients.
9. Gryphon Learning, Directors, Staff and Consultants may
have holdings in various stocks, equities and other investments
from time to time. Some of these stocks may well be ones being
reviewed as part of the workshop training programmes. In accordance
with our AFS licence Gryphon Learning can and will only provide
General Advice, and as a consequence it is not perceived that
any such Directors, Staff or Consultants holdings are likely to
cause any conflicts of interest in regard to any General advice
being given to clients / students.
10. Other documentation which Gryphon Learning may issue
to clients / students from time to time, apart from Registration
and Enrolment forms, may include Product Disclosure Statements
where applicable. A Product Disclosure Statement (PDS) contains
information about a financial product, including information about
any significant terms and risks, the costs of the financial product
and the fees and charges that the financial product issuer may
receive or charge.
Given
the inherent risks of many investment products, Gryphon Learning
does not warrant, guarantee or otherwise imply, that any investments
you may make as a result of any of the education that you undertake
with and through Gryphon Learning, will necessarily provide you
with positive returns in that investment or form of investment.
Any
and all opinions provided by Gryphon Learning or its authorised
representatives are made as general recommendations and they are
not based on nor take account of our consideration of your individual
investment objectives, financial situation nor any particular
needs of any particular person.
Before
making any investment decisions on the basis of any of the general
advice given by Gryphon Learning or its Authorised Representatives,
a prospective investor needs to consider, with or without the
assistance of a duly authorised investment adviser, whether that
advice is appropriate in the light of the particular investment
needs, objectives and financial circumstances of the prospective
investor.
Disclaimer
and Conditions of Use of Gryphon's stock picks
1.
Neither Gryphon Learning nor any Authorised Representative of
Gryphon Learning has knowledge of, nor has considered, any of
your personal objectives, financial situations or needs. All information
including the Newsletter and any stock pick charts has been prepared
by Gryphon Learning as part of its educational program and is
referred to or provided as general information only, which:
i. will require further research to identify its application to
Your specific requirements; and
ii. will, dependent upon the further research to be undertaken
as referred to in sub-paragraph (i) above, require modification
to appropriately apply to Your specific requirements; and
iii. is referred to or provided by way of example only and is
not intended to be, nor is it acceptable, as specific investment
recommendations or advice for You.
2. Gryphon Learning does not give any personal financial advice,
and You acknowledge that it is Your sole decision as to whether
You wish to apply, dispose of or acquire financial products and
You have not relied upon the Gryphon Learning in that regard.
3. The laws relating to finance, investment and superannuation
are constantly changing and whilst Gryphon Learning takes all
care in the formulation, presentation and dissemination of the
information Gryphon Learning does not warrant the accuracy of
the information nor the appropriateness of the information for
Your specific investment requirements.
4. You recognise that no investment decision should be made based
solely on the information provided and You should obtain independent
financial and legal advice in respect of any specific investments
contemplated.
5. Any investments undertaken, whether as a result of information
provided by either Gryphon Learning or any of Gryphon Learning's
Facilitators or otherwise will be undertaken by You only after:
i. Consideration of all relevant facts and issues; and
ii. Obtaining independent financial, investment and legal advice.
6. There is no guarantee that profit will be made investing or
trading in derivatives, managed investment schemes (including
investor directed portfolio services), securities or superannuation.
7. Gryphon Learning disclose that they, their officers employees
and consultants may have an interest in the financial products
mentioned in these publications and may effect transactions which
may not be consistent with the recommendations in these publications
in this website. No responsibility for loss can be taken for any
errors or omissions in data published in this website.
|