- 2 By your use of the Website you agree to comply with the terms and conditions governing your use of the Website and the Education Service(s) set out below and offered through the Website.
- 4 We may suspend, modify, remove, or add to the Education Services at any time.
- The Education Service(s)
3.1 Buying our Education Services
3.1.1 Our education services consist of various trading 'training' courses, including, but not limited to tutorials, blogs, education packages, and three levels of market coaching (individually and collectively, the "Education Service(s)") offered solely for educational and training purposes on our Website, which you may purchase from the Company on a monthly subscription basis through the Website ("Subscription"). The Company may choose to offer different types of Education Services, as shall be made available on the Website from time to time in Company’s sole discretion.
3.1.2 You can find the current monthly Subscription purchase price for each type of Education Service (i.e. courses, tutorials, education packages, market coaching) on the Website ("Subscription Price").
3.1.3 You may buy any type of Education Service on our Website subject to completing the Account registration process described in Section 4.1.
3.1.4 Each purchase of a monthly Subscription for the Education Service(s) from the Company (a "Purchase") shall be final and binding upon such Purchase.
3.1.5 We reserve the right to refuse to process, or to cancel or reverse, any Purchase of an Education Service in our sole discretion, even after you delivered payment to us.
3.1.6 The Company cannot guarantee that all credit cards will be accepted. The acceptability of each credit card depends on a variety of factors, including but not limited to, your location, your identification information, limitations that may be imposed by your credit card company and/or any third-party payment processors
3.2 Account Opening; Payment and Delivery
Upon your payment to the Company of the Subscription Price for the applicable Educational Service(s) you will be subject to the following:
3.2.1 Account Opening. Subject to your providing the registration details set out in Section 4, an Account will be opened for you.
3.2.2 Payment. Subject to the Subscription Price of the Education Service(s) you Purchase, you will be billed a monthly Subscription fee by the Company.
3.2.3 Delivery. You will receive a notice that your purchased Education Service(s) is available for your use on the Website.
3.3 Instructions. You understand and agree that the purchase of Education Services from the Company will depend on the instructions and details you shall provide to the Company, and that the Company shall not be liable for any errors in the instructions or other details you provide in regards to your credit card details.
3.4 No Refund; Cancellation of Your Subscription
3.4.1 You acknowledge and agree that your Purchase of a monthly Subscription for an Education Service is non-refundable and you will be responsible for paying the entire month’s Subscription amount even if you decide to cancel the Subscription during the relevant month
3.4.2 You may cancel your Subscription at any time by sending an email to firstname.lastname@example.org, and upon our confirmation to you of such cancellation notice, we will stop charging the Subscription Price for the following month. For the avoidance of doubt, any Subscription Price already paid by you shall not be refundable, and you shall continue to have full access to the Education Services purchased by you until the end of the period previously paid for by you.
3.4.3 Notwithstanding the above, the Company, in its sole discretion and without any obligation whatsoever may endeavor to comply with a request from you to cancel a Purchase and refund the applicable portion of the Subscription Price previously paid by you, minus any costs or expenses incurred with regards to such refund, including without limitation any payment processing charges.
3.4 Unsuccessful Payments. If your payment method is declined, whether due to insufficient funds or deemed unsuccessful for any other reason, you agree that the Company, in its sole discretion, may: (i) cancel any applicable Purchase; (ii) fulfill a portion of such Purchase; or (iii) debit alternative payment methods provided by you, in the amount necessary to complete a pending Purchase. In the event of termination of any Purchase the Company will make reasonable efforts to provide you with notification of such termination.
- Account Opening Process; Use of Your Account
- 1 In order for you to purchase an Education Package who you be required to register with us through the Website and open an Account (the "Account")
- 2 During the account registration process, you shall provide us with requested information, which may include your name, ID number, birthdate, e-mail address, postal address, telephone number, and your credit card information details for your Purchase of any Education Services ("Registration Details").
- 3 You further agree to promptly provide to us any additional requested information as necessary over the course of the registration process or afterwards for verification purposes or any other purpose in connection with providing the Education Services to you ("Additional Details").
- 4 You warrant and represent to us: (i) that all Registration Details and Additional Details that you provide to us, are true, accurate, and complete, and that you shall immediately update this information from time to time, to keep it up to date; and (ii) that the name on your Account matches the name on the credit/debit card(s) or other payment accounts which you provide to us.
- 5 You acknowledge that we will be under no obligation to accept you as a Customer, and we may reject your registration for any or no reason.
- 7 You confirm that you will use the Education Services, Software (as defined below) and the Website in accordance with all applicable laws, regulations, and directives.
- 8 You understand and acknowledge that you are responsible for maintaining the confidentiality of your Account information, including username, password and other sensitive, confidential details.
- 9 You are responsible for the security of your username and password on your own personal computer or internet access location. If this username password combination is “hacked” from your computer, due to any viruses or malware that is present on the computer that you access your Account, you understand that the Company is not liable or responsible in any way whatsoever. You should report any possible hacking attempts or security breaches from your computer terminal immediately to the Company, but you acknowledge that the security of such information is your responsibility.
- 10 In the event you have any knowledge of: (i) a third party gaining access to your Account, username and/or password; (ii) compromise of your login information; (iii) any breach of security related to your Account; and/or (iv) any other unauthorized use of your Account, you must notify us immediately by sending an email to email@example.com, and include all relevant details.
- 11 Any criminal activity or fraudulent acts committed by you or under your supervision and/or control through your use of the Website and/or our Education Services is absolutely not permitted. You affirm and declare that you shall not perform or attempt to perform any such activity, including, but not limited to, fraud, money laundering, illegal gambling operations, terrorist financing, or malicious hacking. You also agree not to hide your IP location and you shall always disclose your accurate and true location. In the event the Company determines, in its sole discretion, that your Account activity is suspicious or related to any prohibited activity, the Company may cancel or suspend your Account. You understand that you shall be held liable for losses incurred by the Company or by any third party due to your non-compliance and/or violation of any of the foregoing rules. The Company shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other criminal activity and may also engage collection services to recover payments.
- Taxes and Payment Processing
- 1 You acknowledge that you are solely responsible for any applicable taxes with respect to your Purchases on the Website. The Company shall not provide, nor be liable or responsible in any way whatsoever for any tax advice concerning any transactions performed through this Website and/or the Education Services. It is your sole responsibility to report, pay and remit the taxes, as applicable, to the appropriate tax authorities in the relevant jurisdiction(s).
- 2 You consent to the Company providing certain information and/or documentation about you to third party service providers, including payment processors, as shall be required to complete a Purchase on the Website.
- 3 We reserve the right to charge you for extraordinary costs which we may incur in connection with your Account, including but not limited to in connection with: (i) actions required to maintain, restore or protect your Account; and (ii) payment refusals, chargebacks or any other interference with any payment to us for the Education Services.
- Intellectual Property; Website Technology
- 1 The brand names relating to the Website and any other trademarks, service marks and/or trade names used by us either on our own behalf, or on behalf of our licensors, are owned by us, or our licensors including all the Intellectual Property Rights in all other content of the Website (collectively, the "Content"). By using the Website and/or the Education Services, you shall not obtain any rights in the Content and you may only use the Content in accordance with these Terms.
- 2 You may only use the software connected to the Website (the "Software") and all content derived from the Software, including, but not limited to, the Intellectual Property Rights in the Software, in connection with the Education Services for your personal and non-commercial use and in accordance with these Terms. The Software's code, structure and organization are protected by Intellectual Property Rights.
- 3 For the purposes of these Terms, "Intellectual Property Rights" means pending or granted patents, trademarks, service marks, trade names, registered and unregistered designs, trade or business names, copyright (including, but not limited to, rights in source code), and any applications thereof, database rights, design rights, know-how, trade secrets, rights in confidential information and any other intellectual property rights whatsoever irrespective of whether such intellectual property rights have been registered or not, which may subsist in any part of the world.
- 4 You hereby undertake not to: (i) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; (ii) sell, assign, sublicense, transfer, distribute or lease the Software; (iii) make the Software available to any third party through a computer network or otherwise; (iv) export the Software to any country (whether by physical or electronic means); or (v) use the Software in a manner prohibited by any laws or regulations which apply to the use of the Software (collectively, and individually, the "Prohibited Actions").
- 5 You shall be held liable for any loss, including direct and indirect damages, costs or expenses, we may suffer as a result of your Prohibited Actions. You agree to immediately notify us if you commit any Prohibited Actions or if you have knowledge of any third party committing any Prohibited Actions. You agree to provide us with reasonable assistance with any inquiry or investigation we may conduct as a result of the information provided by you in regards to the Prohibited Actions set out above.
- 6 You acknowledge and agree to bear the risk that any use of the internet may be subject to a virus attack and/or communication failure. You should use a reputable virus screening and prevention software at all times. The Company shall not bear any liability whatsoever for any damage or interruptions caused by computer viruses, spyware, Trojan horses, worms or other malware that may affect your systems, computer or other equipment, or any phishing, spoofing or other virus attacks. The Company cautions you to carefully review any electronic messages purporting to originate from the Company, and to be aware that electronic devices are vulnerable to phishing and spoofing scams and additional viruses. The Company advises you to always provide your log-in details through the Website only and avoid using inauthentic communications advising you of other options to provide your log-in or other registration details to gain access to the Education Services offered through the Website.
- Customer Content
- 1 You hereby represent that with respect to any content you may upload and/or post to the Website, including without limitation, any text, photo, or other material ("Customer Content") that: (i) you own or have the right to post such Customer Content; and (ii) such Customer Content, or its use by the Company as contemplated by these Terms does not violate any agreement or any other rights set forth in these Terms, applicable law, or the intellectual property, publicity, personality, or other third party rights.
- 2 In addition, you undertake that any such Customer Content will not consist of: (i) false, misleading information and/or misappropriation of any information; (ii) obscene, offensive, profane, unlawful content or any content which, subject to Company’s sole discretion, may harm or risk the Company’s good name and reputation; (iii) infringe the rights of others; (iv) any action that is otherwise prohibited by any applicable laws, regulations or directives; and/or (v) statements about the Company or the Website or any other Internet site connected to the Company that are untrue, and/or malicious, and/or damaging to the Company.
- 3 The Company assumes no responsibility in connection with any Customer Content, nor does it endorse or claim authenticity of any Customer Content that may be uploaded and/or posted on the Website. The Company, in its sole discretion, has the right to remove any Customer Content and take any further action which the Company deems necessary. This does not relieve you of your responsibility of adhering to any of the above prohibitions.
- 1 Account Termination or Suspension; Restriction of Access to Website
- 2 You understand that at any time the Company will be entitled to restrict, suspend or terminate your Account, access to the Website, and these Terms, including to: (i) deny or restrict access to the Website; (ii) or deny processing any transaction.
- 3 You may close your Account and terminate these Terms at any time by sending an email to us at firstname.lastname@example.org. These Terms shall be terminated upon the closing of your Account (including username and password), which shall occur within fourteen (14) calendar days after receipt by us of your email and other information we may require. You will remain responsible for any activity on your Account between sending us such email termination notice and the closing of your Account.
- 4 Upon termination of the Account or suspension of your Account for any reason whatsoever, you shall stop using the Website, Software, and the Education Services. In addition, you will be responsible for fulfilling any outstanding payment obligations to the Company existing as of the effective date of termination.
- No Warranty
- 1 YOU EXPRESSLY AGREE THAT YOUR USE OF THE EDUCATION SERVICES, SOFTWARE, CONTENT, OR THE WEBSITE (INDIVIDUALLY, AND COLLECTIVELY, THE "COMPANY SERVICES") IS AT YOUR OWN RISK AND THE COMPANY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE). INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT (WHETHER UNDER APPLICABLE LAW OR OTHERWISE).
- 2 THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT YOUR ACCESS TO THE COMPANY SERVICES WILL BE ACCURATE, FREE OF ERROR, COMPLETE, UNINTERRUPTED, CONTINUOUS, OR THAT ANY DEFECTS WILL BE CORRECTED, AND/OR THAT THE SITE IS FREE OF VIRUSES AND BUGS. THE COMPANY MAKES NO REPRESENTATION CONCERNING THE FULL OR PARTIAL FUNCTIONALITY, ACCURACY, OR RELIABILITY OF ANY CONTENT, INFORMATION OR MATERIALS OBTAINED BY YOU THROUGH THE COMPANY SERVICES.
- Limitation of Liability
- 1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS AND/OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE OR ASSUME ANY OBLIGATION WHATSOEVER TO YOU OR ANYONE ON YOUR BEHALF, REGARDLESS OF THE FORM OF ACTION, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF CONTRACTS OR LOSS OF ANTICIPATED SAVINGS; AND/OR ANY LOSS OR ANY DAMAGE, ARISING FROM YOUR USE OF THE COMPANY SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR AUTHORIZED OR UNAUTHORIZED USE OF THE COMPANY SERVICES. IN THE EVENT OF ANY COMPLAINT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE COMPANY SERVICES.
- 2 THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY A THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE WEBSITE.
- 3 YOU AGREE THAT YOU ARE FREE TO CHOOSE WHETHER TO USE THE COMPANY SERVICES AND DO SO AT YOUR SOLE OPTION, DISCRETION AND RISK.
- 4 YOU CONFIRM THAT THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION TO, SUSPENSION OF OR DISCONTINUANCE OF THE COMPANY SERVICES OR THE WEBSITE.
- 6 THE COMPANY HAS NO OBLIGATION TO MAINTAIN YOUR ACCOUNT USERNAME OR PASSWORD. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY WHATSOEVER IF YOU MISPLACE, FORGET OR LOSE YOUR ACCOUNT USERNAME OR PASSWORD.
- Third Party Websites
- 1 The Website and/or Education Services may contain links or offers to third party websites, advertisers, financial services, special offers, or other events or activities that are not owned or controlled by us (individually, and collectively, the "Third Party Websites").
- 2 These Third Party Websites may have their own terms and conditions of use and privacy policies and your use of these Third Party Websites will be governed by and subject to such terms and conditions and privacy policies.
- 3 You understand and agree that the Company does not endorse and is not responsible or liable for the behavior, features, opinions, advice, statements, prices, advertisement, or any other content of any of the Third Party Websites or for any transaction you may enter into with the provider of any such Third Party Websites, or any services provided thereby.
- 1 The Company does not provide any investment advice, recommendation, or guidance, whether in connection with the Education Services or otherwise nor serves as a licensed broker meaning no trading account can be opened with us. No communication between us and you should be considered any form of investment advice. The Education Services are offered solely to gain knowledge about investing methods and do not constitute any recommendation to engage in trading with a third party broker/financial services provider, Third Party Website, or any financial services or products provided, offered or sold by third parties.
- 2 Trading in financial instruments involves high levels of risk. While we do not offer any trading services in relation with any financial instruments, it is important for us to highlight that you should not trade in any financial instruments, or deal with any financial services provider, unless you understand and can undertake all the risks involved. You are solely responsible to conduct your individual research before making any investment decision, and where appropriate obtain personal advice in this regard. The Company do not provide such advice, and you should consult independent advisors.
- Customer Contact
- 1 You agree to us using the contact details provided by you on registration to contact you directly, from time to time, in relation to your use of the Education Services or any other products or services offered by us.
- 2 If you have any questions, feedback or complaints, you may contact the Company via Company’s customer support at email@example.com. When contacting us we request that you include identifying information such as your name and address, and/or the transaction number on which you have feedback, questions, or complaints, so we can address your matter appropriately.
- 3 You agree to treat our customer support staff in a respectful and professional manner and, in no way, behave abusively or in a derogatory manner. In the event we determine that your behavior, via telephone, live chat, email or otherwise, is abusive or derogatory towards our staff, you agree that we shall have the right to immediately suspend and/or terminate your access to the Website and any Education Services.
- 3 Force Majeure. Company shall not be liable for delays, failure in performance or interruption of the Education Services or Website which results directly or indirectly from any cause or condition beyond its reasonable control, including, but not limited to, any delay or failure due to any act of God, epidemic or pandemic, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond Company’s reasonable control.
- 6 Survival. Any provisions hereof which expressly or by their nature are required to survive termination or expiration of these Terms in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve that purpose.