Gryphon Learning: Legal information for clients
Legal Obligations and Conditions

Legal Obligations and Conditions

The following Terms and Conditions govern Your usage of Gryphon Learning Products and Services. They describe Gryphon's relationship with You in terms of any General Financial services advice that you may have been given, and they also define Yours and our rights in respect of your license to use Gryphon Learning products. Further, in the following pages we have set out a copy of the Gryphon Learning Financial Services Guide regarding various Gryphon Learning products or Services You may be considering.

Legal clauses / terms set out below:



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.

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Privacy Statement

Purpose

To define the privacy policy applicable to Gryphon Learning

Related ATQF Standard

 

Scope

 

Responsible Parties

 

Definitions

 

Privacy Policy

Gryphon Learning appreciates that Privacy is important to our students and investors alike and we subscribe to the principals and requirements of the legislation in the Privacy Act 1988 as later updated and amended in 2001. This policy describes how we manage any personal information we hold about you.

The information we collect

 

In keeping with requirements as a Registered Training Organisation and as an ASIC authorised Australian Financial Services Licensee as well as the information we deem necessary to maintain to facilitate the running of your business we collect and maintain personal information about you like you name address, telephone numbers e-mail addresses, and in some cases past Academic record. In addition where we have been retained by third parties to undertake some of our services like e.g. assessment services we may also collect additional information from those third parties about you.

 

We endeavour to make clear the reason for the collection of any information from you at the time of collecting it but this may not always apply.

 

How we use your information

The details collected about you are used to assist us in the delivery of our services to you and also to allow us to comply with some of the authorisations we carry as a Registered Training Organisation and as a provider of Financial Services. We will not use your information for purposes other than as set out at the time we collected that information or as set out within this privacy policy or otherwise as required by law.

 

These functions include the following:

Provision of products and services for which you have sought our services.

Marketing of other allied or appropriate products and services.

Your enrolment and registration into agreed products or services.

 

Your access to our information about you

You may obtain details of information held about you to verify its accuracy and correctness by contacting our Education Manager by writing to us at our registered contact address.

We will at all times seek to correct or even delete any information we hold about you in the event that you dispute its accuracy or require its removal however we reserve the right to note your objection but to retain the original information in certain circumstances.



Internet Security

We will endeavour to maintain the highest level of security over data we collect from you over the Internet however we also caution you to recognise the security risks inherit in the use of the Internet. In the event that your information sent to us via the Internet is insecure we cannot accept any responsibility therefore.

 

Changes to this Privacy Policy

This policy may change from time to time and the latest copy of the policy will be retained at the Gryphon Learning website at all times.

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This Financial Services Guide was prepared by Gryphon Learning Pty Ltd and its distribution authorised - 9th December 2005.