1. Breakout Solutions operates https://www.breakoutsolutions.com/ (the “Website”) from its offices in Sydney, New South Wales and makes no representation that any material or services you access are suitable or appropriate for use in other locations. The Website offers various products and services including education and training programs for cryptocurrency and digital assets (“Programs”) as well as a membership to access the Programs, receive training sessions and tailored support from Breakout Solutions’ dedicated team. Breakout Solutions will present these Programs and offer other services with due care and skill and give no other warranties as to their suitability or fitness for any particular purpose. Please read these terms and conditions (“Terms”) carefully and seek independent legal advice before using the Website or purchasing a product or service of Breakout Solutions.

2. By using, browsing, reading any content on the Website and/or paying for a product or service being offered, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you are not amenable to a particular section of the Terms, you must immediately cease using the Website. Breakout Solutions reserves the right to review and amend any of the Terms at its sole discretion by providing you with prior notice.

3. All information provided by Breakout Solutions is general in nature and for education purposes only. Breakout Solutions and its employees and representatives do not offer financial, investment or tax advice and you are recommended to seek such advice or any other advice you see fit before making trades including buying or selling any financial products. Breakout Solutions does not recommend any stocks, options, bonds, commodities, currencies, cryptocurrencies, digital assets or any securities of any kind. Any strategies, ideas, suggestions, mechanisms, information or formulas shared including examples of financial securities, commodities or digital assets mentioned throughout the Website, Programs or during training sessions are cited for illustrative and educational purposes only and are not to be taken as personal advice or an offer to make trades.

4. Breakout Solutions and its employees, directors, presenters, agents and representatives do not guarantee any results, profits or investment returns based on the information and training you receive. Investment in financial markets and products is complex, risky and there is a possibility to lose money as the value of financial products may rapidly rise and fall by a range of market and economic factors. You are strongly encouraged and Breakout Solutions recommends that you seek professional advice from a licensed financial advisor prior to implementing any investment/financial plan or strategy to ensure trading or investing in such products is suitable for your circumstances. It is key to understand that past performance is not a reliable indicator of future performance and results.

5. Should the Website contain links to other websites or services being offered, Breakout Solutions is not to be held responsible for the content of those sites and they are provided for your information only.

6. You warrant that any information you provide to Breakout Solutions when registering for a Program or applying for a membership will always be accurate, correct and up-to-date. You are responsible to notify Breakout Solutions of any changes to your details as soon as reasonably practicable. By using the Website or registering for a Program or membership, you agree that you are of legal age to form a binding contract with Breakout Solutions and that you are not barred from receiving such products or services under the laws of Australia or any other country in which you are a resident or from which you use the products or services of Breakout Solutions.

7. Any payment made by you for a product or service offered by Breakout Solutions shall be done by the payment methods available at the time of registering for a service or purchasing a product. You agree that if you opt to pay for a product by monthly instalments, and you fail to comply with such instalment plan, that you will be liable for the full price of the product and Breakout Solutions can commence proceedings against you for the full amount if attempts to amicably resolve are unsuccessful. You further acknowledge and agree that should a payment be returned or denied for any reason by your financial institution, then you will be liable for any costs including bank fees and charges that may apply. All prices displayed on the Website or by Breakout Solutions are inclusive of Goods and Services Tax (GST) as applicable, in USD currency only and subject to change. You will be billed at the rate converter applicable by your bank in your own currency.

8. To the extent permitted by law, you shall only be entitled to a refund in the event that Breakout Solutions is unable to continue providing the service paid for to you or if Breakout Solutions is no longer able to or makes a decision to no longer offer you such service. Where this occurs, the refund will be proportionate to the unused portion of the Program or membership period and in any event shall not exceed 50% of the amount paid by you. The money back guarantee that Breakout Solutions offers on some of its products and services are applied from the date of purchase. Notwithstanding this clause, if you consider after 14 days of purchasing the Program or membership that it is not right for you, Breakout Solutions will offer you a full refund (minus transaction fees as per clause #9) for the amount you paid for such Program or membership if you can demonstrate that you considered the content and discuss why it was not suitable for you with a Breakout Solutions team member. Otherwise, the money back guarantee becomes void.

9. Any refunds that Breakout Solutions agrees to offer you, if requested by you as the customer (as opposed to a fault of Breakout Solutions) will attract a 3% transaction fee deduction from the refund. This is to cover Breakout Solutions’ costs for the original transaction(s) amount.

10. If you wish to cancel any product or service offered by Breakout Solutions, you will need to provide 30 days advance written notice to [email protected]. We will cancel your membership, and any relevant ongoing fees associated with it, 30 days from receiving this notice of cancellation. There shall be no refund required unless met by the criteria in clause #8.

11. Breakout Solutions retains all rights to and intellectual property in all material, content, logos, images, presentation methodology and other data/information on the Website or within the Programs. They are the sole and exclusive property of Breakout Solutions and cannot be used or shared without the explicit written consent of Breakout Solutions. You agree that such material is protected by copyright and that you shall not copy, publish, reproduce or otherwise disseminate any of the training materials or information you receive in any form or media without the prior written consent of Breakout Solutions.

12. Breakout Solutions takes your privacy seriously and any information provided through your use of the Website and/or services are subject to our Privacy Policy, which is available on the Website (see https://www.breakoutsolutions.com.au/privacy-policy).

13. The Terms shall continue to apply unless otherwise terminated by you or Breakout Solutions. You may terminate the Terms by providing Breakout Solutions with 30 days prior written notice of your intention to terminate and closing your account. However, by doing so, you will not be entitled to a refund for any unused portion of the purchased product or service. Breakout Solutions may terminate the Terms with you if you breach any provision of the Terms, if it is required to do so by law or if the provision of its services to you is no longer commercially viable.

14. If a dispute arises out of or in connection with the Terms, neither you nor Breakout Solutions may commence any tribunal or court proceedings in relation to the dispute before attending to direct good faith discussions and to the extent such dispute remains unresolved, by referring the dispute to mediation before an independent person to be jointly appointed. Such mediation shall take place in Sydney, New South Wales and you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

15. The Australian Consumer Law may imply or provide guarantees which cannot be excluded. If such guarantees apply, Breakout Solutions’ liability is limited at its option to providing the relevant product or service again or refunding the amount paid for such product or service. Save as noted above, to the maximum extent permitted by law, all warranties, guarantees, representations, terms or conditions otherwise implied by law or statute or which are not expressly stated in the Terms are excluded.

16. Breakout Solutions shall not be liable to you for any direct, indirect, exemplary, special, consequential loss or damage, loss of profit or opportunity or damage to goodwill arising out of or in connection with the Terms, the Website or a product or service provided by Breakout Solutions whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. Any use of Breakout Solutions’ products or services is done so at your own risk and everything is provided to you “as is” and “as available” without warranty or condition of any kind.

17. You agree to indemnify Breakout Solutions and its employees, representatives, agents, presenters and affiliates from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Terms, the Website or a product or service offered to you by Breakout Solutions.

18. Breakout Solutions does not guarantee any eligibility for tax savings or deductions of its products or services as this depends on your personal circumstances, tax jurisdiction and laws at the time which are subject to change. It is recommended that you seek tax advice prior to purchasing a product or paying for a service if you intend to claim any of Breakout Solutions products or services as a tax deduction.

19. If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in full force and effect.

20. These Terms and any contract formed by purchasing a product or registering for a service offered by Breakout Solutions are governed by and construed in accordance with the laws of the State of New South Wales, Australia. The Terms shall be binding to the benefit of the parties and their successors and assigns.