Please read these Terms of Service (collectively with the Privacy Policy and, where applicable, the EU Data Processing Addendum, the “Terms of Service”) fully and carefully before using the CryptoTechnicalAnalysis.org and CryptoTradingKS Pty Ltd website (the “Site”) and the services, features, content or applications offered by CryptoTradingKS Pty Ltd (“CryptoTradingKS”, “we”, “us” or “our,” independent of text capitalization) (together with the Site, the “Services”).
These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.
1) Acceptance of Terms.
1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum) and all other operating rules, policies, and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
3. These Terms of Service apply to all users of the Services, including, without limitation, users who are/were contributors of content, information, and other materials or services, registered or otherwise.
4. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND CRYPTOTRADINGKS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2) Eligibility. You represent and warrant that you are at least 18 years of age. If you are under the age of 18, you may not access or use Our Services under any circumstances or for any reason. In our sole discretion, we may refuse to offer Our Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access Our Services is revoked where these Terms of Service or use of Our Services is prohibited or to the extent offering, sale or provision of Our Services conflicts with any applicable law, rule or regulation. Further, Our Services are offered only for your use, and not for the use or benefit of any third party. If you are registering with CTKSMethod on behalf of an entity or a third party, you are bound and legally liable, and represent and warrant that you have full authority to bind that entity to these Terms of Service.
3) Registration. In order to use the Services, or maintain your eligibility as a CTKS Ambassador, you must register for an account on the Services (an “Account”). You must provide accurate and complete information, including your real name, and keep your Account information updated. Anonymous identities are automatically ineligible as a CTKS Ambassador. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; (iii) use, as a username, a name that is otherwise offensive, fake, vulgar, fake, anonymous, absent (no username), or obscene; or (iv) provide your username to any other person for any reason. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. Without Our permission, you may never use another person’s user account or registration information for the Services. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. If you register according to a coupon code, you give us permission to share your name with that coupon code holder so that they can support your learning experience. We may require information from you at any time for the purposes of complying with any Applicable Law, identity verification requirements, or for any other valid reason (including but not limited to, account issues). You must comply with any identity verification information request we send to you. If you decline to provide the requested information, proof of identity, or otherwise do not comply in a timely manner, we reserve the right to suspend or terminate your access immediately and without notice. When we carry out inquiries, you acknowledge and understand that your personal data, and that of any Permitted Users, may be disclosed to identity verification, compliance data recordation, credit reference, fraud prevention, or other agencies and that these agencies may respond to our inquiries in full. You should never publish, distribute, or post login information for your Account. You may delete your Account at any time.
4) Processing of Personal Data Your personal data will be treated in accordance with CryptoTradingKS’s Privacy Policy. To the extent that you are a controller that provides CryptoTradingKS with personal data of third party data subjects, including without limitation other users of the Services, that is subject to European Union Regulation (EU) No. 2016/679 of 27 April 2016, also known as the General Data Protection Regulation, you agree to the terms contained in CryptoTradingKS’s EU Data Processing Addendum
5) Content.
A. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, methods, processes, formulae, pictures, photographs, videos, audio clips, written posts and comments, trade secrets, software, scripts, TradingView chart links, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
B. User Content. We shall not be responsible for any Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, these Terms of Service, and applicable regulations. By submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, delete, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Us for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing or any other purposes. You also waive any rights of privacy, publicity, intellectual property ownership, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You agree not to paste links to external files where those links can be pasted into the comments (such as Google Doc links); and understand that such actions will result in the comment(s) being deleted. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit, indicators, code, or websites that you develop to automate, improve, enhance, or speed the process of creating Standfield Levels or implement the intellectual property of the CTKS Method, or is otherwise used by Us on any platform ("Contributions"). You also agree that if you create a fake name to deliberately hide your identity, or you give access to your account to others, you and any others are likewise bound to by these trade secret and intellectual property requirements. The CTKS Method has never been released in public and the trade secrets of this method are only shared under strict accordance with the Terms of Service. If derivative works appear in the public domain they are subject to the Terms of Service and all provisions will have force and are legally enforceable. You also agree to all such uses of your content with no compensation paid to you. You agree to allow Us to use any user content posted by you for promotional, marketing, or any other purposes and extend to Us the legal right to do so in perpetuity at no cost or financial obligation to Us. You represent and warrant that You have sufficient rights in any Contributions that You provide to Us to grant Us and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights. If any rights to be licensed under this section may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert any of those rights. You grant Us an exclusive, irrevocable, transferable, sublicensable license to reproduce, distribute, publicly perform, publicly display, make, use, have made, sell, offer to sell, import, modify and make derivative works based on, and otherwise exploit any Contributions for all current and future methods and forms of exploitation in any country. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or any loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
C. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. We are not obligated to publish any information or content on our Service and can remove it with or without notice. All methodologies discussed within the Services are proprietary and constitute valuable intellectual property rights and trade secrets that cannot be publicly shared without a license agreement in place (including but not limited to sharing of quotes, rules, Charts, indicators, derivatives of indicators, computer programs that automate Our trade secrets, theories, inventions, algorithms, methods, processes, systems, or any other Content transmitted by the Service). You acknowledge that if you have given access to someone who has not registered to the Site and divulged our trade secrets, you have also communicated that that individual or entity is legally bound by these Terms of Service just as you are. You shall abide by and maintain all copyright notices, information, and intellectual property restrictions of any and all Content accessed through the Services. Furthermore:
Intellectual property rights (including, but not limited to, any copyright, trade secrets, secret methods, trademark rights) in the content on this website vests solely in Us.
Nothing contained on this website is to be construed as granting a license to use any content on this website for commercial or public. You may not use, reproduce or modify any Content without prior written permission from Us. No content or information you view on the website content or Services may be reproduced, copied, stored, applied, distributed or transmitted in any form, or by any means, including photocopying, scanning, or other mechanical or electronic methods without the prior written permission and licensing by Us. It is expressly forbidden to make derivates, derivative indicators, derivative automated computer programs, or any other derivatives for resale or public sharing, in any format without a formal signed licensing agreement already in place. You agree that we own any such derivate works, however created. Substantial legal remedies are available to us if you breach the Terms of Service. If you explain to others our trade secrets and content of this website you do so on the understanding and agreement that you have fully informed them of the Terms and Conditions (licensing, etc) in the Terms of Service and that they agree to be legally bound by such terms. If they break such terms, they will be legally liable for their actions (identified by the use of trade secrets).
You may not pass off content from this website as your own or make derivates of this work. This includes the practice of 'Framing' this website within another website as well as copying and re-using parts of the website, creating derivative indicators to create Standfield Levels, CTKS Levels, automation routines, computer programs, websites, or any other derivative works without a licensing agreement being in place. A pre-authorization to share on social media may be given at our sole discretion, but this will lapse within 30 days if a formal licensing agreement is not signed and executed. A specific ID will be given for each chart that meets our sharing criteria, and authorization can be withdrawn at any time for any reason. If We create CTKS levels on a chart licensed to you for resale as a CTKS indicator, you agree to immediately stop sharing that chart on social media if you have a licensing agreement or a pre-authorization. We will organize another chart for you to license. Our content constitutes valuable intellectual property and trade secrets and are owned exclusively by Us and shared with You through the Services via these Terms and Conditions only for your own personal use (this means that you do not share the application of the CTKS Method to anyone else, in public, or make modifications to it for resale or commercial gain as per the Use License and other relevant sections of the Terms of Service).
D. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable non-commercial license to use Content solely for private non-commercial purposes, that is, for Your sole personal use only (no public sharing, no social media sharing, or sharing to friends, or others who you know, or do not know without a licensing agreement already in place). Any chart use, reproduction, modification, distribution, or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission and licensing from us. You must not share any Content or derivatives of the Content, however formed, with anyone without a licensing agreement in place. You shall not sell, license, rent, create derivative works (including indicators, computer programs, websites, books, etc) from our content, intellectual property, trade secrets, or otherwise use or exploit any Content or intellectual property contained within this website for public or commercial use. You agree that any such modifications made to Our intellectual property are our intellectual property, not yours. You can share any CTKS levels published on the official CTKS YouTube channels (CryptoTradingKS or CTKSMethod) by screenshot, or by video, at any time without a license agreement, provided acknowledgment is given via the hashtag #CTKSMethod.
E. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service, or for no reason at all and (ii) to remove or block any Content from the Services.
6) Rules of Conduct.
A. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity, and all activity connected to your Account in connection with the Services (including without limitation your communications and collection of data from other users of the Services).
B. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, reverse-engineer, create, submit, or otherwise distribute, manufacture, or facilitate distribution of any Content (for example, the trade secrets and inventions used to create this Content, charts, quotes, content, laws, indicators, or other information made available under these Services); including without limitation User Content, on or through the Services. You also agree not to do the above with regard to anything that: i. infringes any patent, trademark, trade secret, copyright, right of publicity or other rights of Us, or any other person or entity, or violates any law, rule, or regulation (whether domestic, foreign, or international) or contractual duty; ii. violates these Terms of Service; iii. you know is false, misleading, untruthful or inaccurate; iv. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion; v. constitutes unauthorized or unsolicited advertising, seeks to represent/advertise Our Intellectual Property or trade secrets as your own, promote substitute services, junk or bulk e-mail (“spamming”); vi. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, learning materials, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; vii. impersonates any person or entity who is not you, including any of our employees or representatives; or viii. includes anyone’s identification documents or sensitive financial information; ix. violate the Zero Tolerance Policy on Negative Excellence. Negative Excellence covers behaviors such as blame, hostility, criticism, deliberately creating conflict, venting, backhanded compliments, put-downs, and other conflict-generating forms of communication. Negative Excellence directly opposes the Positive Excellence principles founded by the CTKS Community. It is a condition of ongoing access, to create a non-hostile environment for everyone. Any site member violating the Zero-tolerance policy will be immediately removed, all access privileges revoked, and all messages deleted. x. Share content between sections, thereby violating just-in-time learning and harming learners' progress by introducing more advanced topics in an earlier section that such learners in that section would not have the required knowledge to comment on. xi. I acknowledge that a violation of the Terms of Service may result in my permanent ban from all CTKS Method sites, the CTKS Masterclass, and all associated affiliated sites.
C. You shall not : (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services, or (vii) otherwise take any action in violation of our guidelines and policies.
D. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (without limitation), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder for any consideration, or free to the general public for any purpose, without a licensing agreement. You shall abide by all applicable local, state, national and international laws, and regulations. You shall: 1. be helpful and supportive of others and not spam, seek exit liquidity positions, market or promote financial products or asset classes, engage in any form of scamming behavior, seek restoration for any loss of funds (e-begging) however caused (loss of health, scams, etc) or in any way pray on the generosity and kindness of the CTKS community; 2. create disharmony and conflict in your comments to others and instead engage in mutual support and understanding (no venting). If you have issues with others reach out directly to kstandf@gmail.com or ctksmethod@gmail.com and mediation will occur if required; 3. have a focus on Positive Excellence, which is understanding, kindness, mutual respect despite any differences, and integrity (violations of this Code of Conduct will result in account termination and deletion of offensive comments and potential account deletion. No refund will be given under any circumstance for such violations); 4. you shall not spam the comments section of videos; 5. you shall not share ideas from more advanced videos in other sections; 6. you shall keep all shared chart information, content, and indicators from the Services confidential, as well as non-public rules, and not share them with anyone outside the CTKS community or host them on any external sites (such as content publication platforms); 7. you shall do each video in order and seek to recreate the chart(s) under analysis on your own; 8. you shall not publicly discuss content or methods that have not been covered in the Service (the purpose is to stay on topic and reinforce learnings not confuse students with information they may not have the background knowledge to correctly understand (if in doubt email Ken Standfield at kstandf@gmail.com or ctksmethod@gmail.com for guidance). 9. you shall strictly adhere to the CTKS Method line drawing color standards; this also applies to the naming conventions and other standards to ensure other students can comprehend your work and to not confuse students in what they have learned. Violating any term of service in this agreement may/will result in your account subscription, access to the Services, or any other relevant services being revoked without notice, including deletion of any associated comment(s). You hereby agree that if you, your agents, associates, or contacts create derivative works for public distribution, whether for consideration or no consideration, in any format (including but not limited to educational courses, indicators, derivative indicators, computer programs, algorithms, websites), without a license, the damages payable to Us will start at the gross revenue received by you, and/or lost by us, plus damages for intellectual property and trade secret infringement, plus any and all other damages or orders a Court may deem applicable, such as loss of revenue, customer base theft, passing off on trademarks, violating our intellectual property and trade secrets, and all other available legal remedies. You agree to pay any and all legal fees and court costs associated with violating these Terms of Service. The majority of the content of this Service constitutes trade secrets that have never appeared in public. This is not a Udemy course or other Academic course; it is the author's sharing of proprietary inventions and trade secrets gained from nearly four decades inside financial markets and considerable associated cost has been incurred in creating these trade secrets and inventions. No refund is given for violation of the Terms of Services. Some services have no 7-day refund policy. If you are a member of any other Service offered via these Terms of Service, you must abide by the same conditions stated herein.
E. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. We also reserve the right to the full legal transfer of the copyright in any comments, feedback, or any other information regardless of form. You hereby grant Us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all comments, and to sublicense the foregoing rights, in connection with the operation and maintenance of Our business. You further guarantee that you are the rightful owner of the copyright and have the authority to transfer ownership and you agree to indemnify Us should this not be the case. You further agree that the work is original and does not infringe the copyright of any other party.
7) Third-Party Services. The Services may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
8) Payments and Billing.
A. Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement. If you gain free access, you agree to be legally bound by these Terms of Service.
B. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. All products and services are denoted in United States Dollars (USD). The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
C. Payments. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other providers of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. Discount code holders (CTKS Ambassadors or others) who receive a special discount code and the gross, as agreed, referral payment must provide a PayPal account to facilitate payment of associated earnings. The referral payment will be made reduced and apportioned by payment processing fees, associated taxes, etc. Referral payments will occur on the 1st of the month after 30 days have passed after the initial 7 day refund period, subject to the referred new member having not sought a refund pursuant to 8(J). Referral payments will be gross (not net) and reduced by associated processing fees, taxes, etc. No payments are made to any CTKS Ambassador or Discount code holder who has provided a Scholarship when their scholarship is awarded to a new member. For any refunded referred members (from a Discount code holder) the amount payable to Discount code holders is zero for refunded accounts (as the referred member has been refunded and is no longer a member of the system).
D. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is no charge or a one-time or initial charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD
E. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
F. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, a notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
G. Auto-Renewal for Subscription-Based Services. Unless you opt out of auto-renewal, which can be done through your Account settings, any subscription-based Services you have signed up for will be automatically extended for successive renewal periods at the term of the current subscription, at the then-current non-promotional rate. You change or resign your Subscription Services at any time through the use of account settings in your account. If you terminate a subscription-based Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
H. Reaffirmation of Authorization. Your non-termination or continued use of a Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
I. Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us.
J. Refund policy. You may cancel within seven (7) days of the initial payment date of the CryptoTradingKS Masterclass for a refund, less transaction fee costs to be borne by you, an administrative handling fee payable to Us of US$50, and a handling percentage fee if applicable. Crypto payments are not accepted. If you pay for Our Services through a third-party sale or promotion on their platform/site (for example, an external company is selling or giving away Our Services), please contact the third party directly to request a refund. We do not have access to the necessary information to review or process these refund requests. There are no refunds at any time for canceled free Services (that is, the total payable by invoice is $0.00). After 7-days, no refund will be given under any circumstances. With subscription plans no refunds or partial refunds are available. The CTKS Method learning series does NOT have a 7-day refund period. If crypto payments are received in the future as payment for Services the 7-day refund will apply only if it is equally applicable under non-crypto payments. If a member is refunded that has originated from a Discount code holder coupon, no referral fee is payable as per (8)(c). On initiation or notification by email, for a request for a refund, all associated account access will be automatically removed from the system. Foundation Members (those who pay for the Masterclass up to the 31st of December 2021) gain four (4) years of online access to the Masterclass from the date you pay to the anniversary date. Non-Foundation members have two years of access to the Service. CTKS Ambassador referred members who pay using the referral code are entitled to 3-years of access when they purchase the CryptoTradingKS Masterclass (Other discount code holders get 2 years of access, or as agreed). After the initial 7-day period, you acknowledge that no pro-rata refunds will be available under any conditions (such as termination of an account for violating the Terms of Services, or seeking a refund for any other reason). Best efforts will be made to include community requests in new video material to be incorporated into the CryptoTradingKS Masterclass at no extra charge, but in no case does a failure to create a video result in grounds for a refund. Non-Foundation Members are those who join after the 31st of December 2021.
9) Warranty and Other Disclaimers. A. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: i. which users gain access to the Services; ii. what Content you access via the Services; iii. how you may interpret or use the Content; or iv. the ongoing provision and eligibility of the CTKS Ambassador designation for a specific member. B. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. C. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. D. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES, AND SUCH FAILURES MAY RESULT IN ERRORS OR DATA LOSS. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING, OR BY THE LOSS OF ANY DATA OR INFORMATION YOU PROVIDE TO CRYPTOTRADINGKS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
10) CTKS Ambassadors. The CTKS Ambassador designation is the highest honor in Crypto Technical Analysis (CTA). CTKS Ambassadors are awarded by the Core Developer of Crypto Technical Analysis, Ken Standfield. This designation cannot be applied for, only awarded. CTKS Ambassadors have shown their dedication and commitment to Crypto Technical Analysis in all its facets, especially the Real Wealth and Positive Excellence aspects of friendliness, willingness to help others, integrity, decency, kindness, non-competitive; embodying CTA as a professional skill and also a kindness-based philosophy. They are vocal supporters of Crypto Technical Analysis (CTA) and the CTKS Method. CTKS Ambassadors represent the Core Developers' kindness, integrity, Real Wealth and Positive Excellence focus, technical proficiency, and are the public face of CTKS. The CTKS Ambassador designation is therefore subject to these Terms and Conditions and a number of specific provisions: (i) the CTKS Ambassador designation can be revoked at any time as will all associated future benefits associated with that designation if continuous assessment proves that an incorrect choice was made in selecting the CTKS Ambassador in the first place, or the level of behavior is not representative of the behaviors required for a CTKS Ambassador as determined solely and exclusively by the Core Developer; (ii) the CTKS Ambassadorship designation is not a prize to be won, but a philosophy to live by and are hence continually assessed by merit at the Core Developer's (Ken Standfield's) sole assessment. All communications constantly either reinforce a correct choice in Ambassadorship or an incorrect one; (iii) CTKS Ambassadors are awarded unique individual coupons codes that lead to significant discounts on those referred to the CryptoTradingKS Masterclass/ Ambassador referral codes provide 3-years of access to referred people who then purchase the CTKS Masterclass at no additional cost and a gross revenue allocation subject to specific payment schedules and terms; (iv) each CTKS Ambassador will receive an agreed revenue allocation associated for new members who join via their unique coupon code for that specific service, you are responsible for any relevant taxes in your jurisdiction on your allocation of gross revenue, that is, net revenue accounts for fees, taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties; (v) CTKS Ambassadors may receive other perks and benefits; (vi) perks and benefits will remain as long as the CTKS Ambassadorship is in effect; (vii) if the CTKS Ambassadorship is revoked, coupons and any ongoing perks will be canceled immediately. Any referral payments due to be paid will be honored, but the coupon and other perks will be revoked for use from the date of cancellation in accordance with this Agreement; (viii) a PayPal account is required to pay CTKS Ambassadorship earnings pursuant to Section 8(C); (ix) nothing prevents a previous CTKS Ambassador from being reappointed and a new coupon granted and perks regranted; (x) all CryptoTradingKS Masterclass students past and present are eligible to be considered for CTKS Ambassadorship status at Ken Standfield's sole discretion.
11) Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, the Services, Content, or otherwise from your User Content, your violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property, content, trade secrets, or other rights of any person or entity. You forever indemnify Us against any loss including any liability, cost, expense (including legal costs on a full indemnity basis), claim, proceeding, action, demand, damage, or expense that You incur or suffer that is caused by an alleged infringement of any of the Intellectual Property Rights originally held by You or the moral rights of others, or which is actionable for defamation, passing off, unfair competition, breach of confidence, invasion of privacy, or as a result of Your use of any assigned Intellectual Property, trade secrets, content or other information. If you make defamatory remarks (remarks deliberately designed to expose Us to hatred, ridicule, or another to hold Us in contempt; or remarks that seek to cause Us to be shunned or avoided as well as to suffer financial loss that has no fair comment basis and has been done with malicious intent, without legal justification, privilege, or other defense, You understand that your actions could lead to legal/criminal actions being pursued against You, including monetary damages, injunctive relief, loss of profits, and an order that You pay all court costs and legal fees. We will seek financial damages and other legal remedies if you infringe any copyrighted materials, Content, Trade Secrets, or other information and you hereby agree to pay all court costs and legal fees. If you communicate the trade secrets and copyright of Our Content to a third party and they commercially, or otherwise, exploit it, we will pursue any and all legal remedies available to Us (including loss of revenue) and enjoin you in proceedings for violation of trade secrets, loss of revenue, and infringement of intellectual property rights. If a minor gains access to the system, the parent, guardian, or other individual who paid is deemed to have co-signed the contract and agrees to be equally responsible for fulfilling the obligations of the contract and is legally liable for any violations of the Terms of Service. If a member fraudulently acquires access to the system, any associated monies payable to a CTKS Ambassador or other Discount code holder must be repaid; you indemnify Us from any action of a Discount code holder to keep illegally obtained monies. You may need to comply with our identity verification procedures to confirm that you are the true account holder by providing us with certain information about yourself. All information that you provide must be complete, accurate and truthful. You must update this information whenever it changes. You authorise us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity, or protect you and/or us against fraud, scammers, or other crimes, and to take any action we deem necessary based on the results of such inquiries. When we conduct inquiries, you acknowledge and understand that your personal data may be disclosed to identity verification, compliance data recordation, credit reference, fraud prevention, or financial crime agencies and that these agencies may respond to our inquiries in full. By using the Services, you grant to us, our affiliates, successors, and assigns a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your contributions and content. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defences.
12) No Class Actions We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. (d) YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND CRYPTOTRADINGKS OR ITS OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH CRYPTOTRADINGKS, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF A PARTY WE SELECT AND YOU AND CRYPTOTRADINGKS HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE CRYPTOTRADINGKS’S INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN AUSTRALIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND CRYPTOTRADINGKS WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL “SMALL CLAIMS” COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT’S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED, OR APPEALED TO A DIFFERENT COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR CRYPTOTRADINGKS WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST CRYPTOTRADINGKS INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if CryptoTradingKS is a party to the proceeding. This dispute resolution provision will be governed by the Australian Arbitration provisions and not by any state law concerning arbitration. In the event a party is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either CryptoTradingKS or you can elect to have the arbitration administered instead by a qualified arbitrator in the location specified in Section 14. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction in the State of Victoria, Australia. The arbitration shall be conducted in the English language. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned.
B. 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section 15, you must notify CryptoTradingKS in writing within 30 days of the date that you first accept these Terms of Service (unless a longer period is required by applicable law). Your written notification must be mailed to CryptoTradingKS at the following address: Suite 135, 135 Cardigan Street, Carlton, VIC, 3053. If you do not notify CryptoTradingKS you agree to be bound by the arbitration and class-action waiver provisions of these Terms of Service, including such provisions in any Terms of Service, revised after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing addresses and (iii) a statement that you do not wish to resolve disputes with CryptoTradingKS through arbitration. If CryptoTradingKS makes any changes to the Arbitration and Class Action Waiver section of these Terms of Service (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of future changes to the Arbitration and Clause Action Waiver section), you may reject any such change by sending CryptoTradingKS email notice, to kstandf@gmail.com, within 30 days of the change to the address. This notification affects these Terms of Service only; if you previously entered into other arbitration agreements with CryptoTradingKS or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms of Service shall not affect the other arbitration agreements between you and CryptoTradingKS.
C. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. This arbitration agreement will survive the termination of your relationship with CryptoTradingKS.
13) Limitation of Liability and Risk Disclosure. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CTKS AMBASSADORS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $100.00 whichever is the lesser. ALL MATERIAL HAS BEEN PREPARED BASED ON INFORMATION BELIEVED TO BE ACCURATE AT THE TIME OF PUBLICATION. SUBSEQUENT CHANGES IN CIRCUMSTANCES AND THE MARKET MAY OCCUR AT ANY TIME AND MAY IMPACT THE ACCURACY OF THIS INFORMATION. PAST RESULTS ARE NOT INDICATIVE OF FUTURE PERFORMANCE. The information in the Services is general in nature. It does not constitute personal investment advice or personal trading advice. Any advice provided is general advice only and does not take into account an individual’s risk profile or financial situation. Trading involves the risk of loss as well as the potential of profit. You should seek independent financial advice in deciding if trading is appropriate for you. Please also consider the appropriateness of the advice in reference to your own objectives, financial situation, or needs. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. IT IS UP TO YOU TO MAKE THE DECISION WHETHER OR NOT TO ACT ON A RECOMMENDATION TO TRADE. We provide information which may help you to make that decision. Information containing hypothetical, actual, or simulated results has limitations. NO REPRESENTATION IS MADE THAT ANY TRADING STRATEGY WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. THE RISK OF LOSS IN TRADING SECURITIES AND DERIVATIVES, (SUCH AS FUTURES, OPTIONS, AND CONTRACTS FOR DIFFERENCE) CAN BE SUBSTANTIAL. You should carefully consider your objectives, financial situation, needs, and any other relevant personal circumstances to determine whether trading is suitable for you. THE RISK OF LOSS IN TRADING SECURITIES IS LIMITED TO THE AMOUNT INVESTED. HOWEVER, THE RISK OF LOSS IN TRADING DERIVATIVES MAY NOT BE LIMITED. THIS MEANS YOU MAY LOSE MORE THAN THE AMOUNT REQUIRED TO HOLD AND CONTROL OF THE PARTICULAR DERIVATIVE. THE HIGH DEGREE OF LEVERAGE THAT IS OFTEN OBTAINED IN FUTURES, OPTIONS, AND CONTRACTS FOR DIFFERENCE CAN WORK AGAINST YOU AS WELL AS FOR YOU. THE USE OF LEVERAGE CAN LEAD TO LARGE LOSSES AS WELL AS GAINS. IT IS YOUR RESPONSIBILITY TO CONSULT YOUR FINANCIAL ADVISOR TO DETERMINE WHETHER TRADING IN SECURITIES AND DERIVATIVES PRODUCTS IS APPROPRIATE FOR YOU IN LIGHT OF YOUR FINANCIAL CIRCUMSTANCES. CryptoTradingKS and its representatives, CTKS Ambassadors, and officers will not accept liability for any loss, damage, or expense incurred or suffered by you if you rely on any information provided by CryptoTradingKS, the Website, Product, Services, or Materials when making investment decisions. The support given by CTKS Ambassadors is voluntary and MUST NOT be relied on as the basis of any decisions you make. The failure to provide assistance from a CTKS Ambassador does not constitute a reason for a refund under any circumstances. The Services are designed for you to become more independent of others, not reliant on them. Your use of the Website, Products, Services, or Materials is not intended to, and does not, create a financial adviser, partner, or client relationship between You and Us. Under no circumstances should investments be based solely on the information contained in the Website, Product, Services, or Materials. We do NOT provide financial services. We do NOT provide financial product advice to You or give a recommendation to You or the general public about which financial product You should purchase/sell. Always do your own research as you are 100% responsible for anything you buy or sell. We do NOT deal in financial products for example, buying or selling on Your behalf or issuing interests in a managed investment scheme. We do NOT make a market for a financial products, we simply assist you enhance your understanding through education which is not financial advice. We do NOT operate a registered managed investment scheme. We do NOT provide a custodial or depository service for example, holding a financial product, or a beneficial interest in a financial product on trust for You. We do NOT provide traditional trustee company services for example, preparing estate management functions. We do NOT provide a crowd funding service. We do NOT provide a superannuation trustee service. We do NOT provide a claims handling and settling service, and we do NOT operate the business and conduct the affairs of a corporate collective investment vehicle (CCIV).
14) Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Victoria, Melbourne, Australia, including its conflicts of law rules. You and We agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be irrevocably and unconditionally governed by the exclusive jurisdiction and venue of the State and Courts of Melbourne, Victoria, Australia.
15) Modification. We reserve the right, in our sole discretion, to modify, amend, vary, or replace any of these Terms of Service without notice, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Modifications to these Terms and Conditions will be effective immediately and any subsequent use by you of this website will constitute your acceptance of the modifications and the then-current terms and conditions of use of this website. Your continued use of the Services following any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your continued use of our Services means that you accept any changes. Any revised Terms shall supersede all previous Terms.
16) Miscellaneous.
A. Entire Agreement and Severability. These Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum) are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. This license survives termination of this Agreement by any party, for any reason. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
B. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, war, Acts of God, or communications failure or degradation.
C. Assignment. These Terms of Service are personal to you and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
D. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
E. Notices.Unless otherwise specified in these Terms of Service, notices by You to Us under these Terms of Service are only deemed to have been legally provided when transmitted by e-mail to kstandf@gmail.com with the subject line "Notice given."
F. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. All disclaimers, indemnities, acceptances, content, rules of conduct, and exclusions in the Terms of Service shall survive the termination, repudiation, or expiration of these Terms of Service. This license survives termination of this Agreement by any party, for any reason. Waiver of compliance in any particular instance does not mean that We will waive compliance in the future.
G. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. Contact: You may contact us at the following address: Suite 135, 135 Cardigan Street, Carlton, Victoria, 3053. Alternately, you can email us at kstandf@gmail.com or ctksmethod@gmail.com