Terms of Business12 September 2013 2013-09-12 15:11
Terms of Business
Terms of Business
12-Week Forex Training Mentorship Programme & ATF Membership
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 7.2;
(b) Order: your order for the Training Programme as set out overleaf;
(c) Training Programme: the Training Programme that We are providing to you as set out in the Order;
(d) Membership: the subscription to AlphaTradingFloor.com;
(e) Terms: the terms and conditions set out in this document; and
(f) We/Our/Us: Alpha Markets Limited of 207 Regent Street, London, W1B 3HH and company number 07208708.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2. Our contract with you
2.1 These are the terms and conditions on which We will supply the Training Programme to you.
2.2 Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate before you sign the Order. If you think that there is a mistake, please contact Us to discuss it. We will confirm any changes in writing to avoid any confusion between you and Us.
2.3 When you sign and submit the Order to Us, this does not mean We have accepted your order for the Training Programme. Our acceptance of the Order will take place as described in the clause. If We are unable to supply you with the Training Programme, We will inform you of this and We will not process the Order.
2.4 These Terms will become binding on you and Us when We receive the deposit as stated on the Order, at which point a contract will come into existence between you and Us.
2.5 If any of these Terms conflict with any term of the Order, the Order will take priority.
3. Changes to order or terms
3.1 We may revise these Terms from time to time as we think fit.
3.2 If We have to revise these Terms under clause 3.1, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 8.
3.3 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 8.
4. Providing Training Programmes Membership
4.1 We will supply the Training Programme to you at a date and time that is available on the date on which you book the Training Programme. You must book onto the Training Programme within six months from the date of the Order. If you do not book onto the Training Programme and complete it within six months from the date of the Order then no refund shall be given.
4.2 We will make every effort to complete the Training Programme on time. However, there may be delays due to an Event Outside Our Control. See clause 7 for Our responsibilities when an Event Outside Our Control happens. Further, we reserve the right to change or alter the dates, times and venue if we feel it is necessary to do so. We shall provide you with reasonable notice of any change.
4.3 We may have to suspend the Training Programme if We have to deal with technical problems or to make improvements to the Training Programme. We will contact you to let you know in advance where this occurs unless the problem is urgent or an emergency.
4.4 If you do not pay Us for the Training Programme when you are supposed to as set out in clause 5.3, We may cancel your reservation on the Training Programme with immediate effect until you have paid Us the outstanding amounts, at which point you can then rebook onto the Training Programme. This does not affect Our right to charge you interest under clause 5.4.
4.5 Once you have attended and completed the Training Programme you agree that you will automatically be subscribed to the Membership. You may cancel the Membership at any time in accordance with clause 8. If you do not wish to automatically be subscribed to the Membership you must give us notice of this in writing before the Training Programme is completed.
5. Price and payment
5.1 The price of the Training Programme will be set out in the Order. Our prices may change at any time, but price changes will not affect the Orders that We have received payment for.
5.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Training Programme in full before the change in the rate of VAT takes effect,
5.3 You must pay the deposit as stated on the Order on the date of the Order. The balance of the Training Programme is due within 7 working days from the date of the Order. You must pay each payment in cleared monies by bank transfer, credit or debit card. If you have paid the deposit by credit or debit card you authorise us to process the balance of the cost of the Training Programme on the 8th working day from the date of the Order unless. A monthly payment plan has been agreed to in writing by Us.
5.4 You must pay the cost of the Membership as stated on the Order each month on or by the date as stated on the Order.
5.5 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
6. Our liability to you
6.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
6.2 We only supply the Training Programme Membership for private use. You agree not to use the Training Programme or Membership for any commercial, business or re-sale purpose, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.3 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective Memberships under the Consumer Protection Act 1987.
7. Events Outside Our Control
7.1 We will not be liable or responsible for any failure to perform or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
7.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters, or failure of public or private telecommunications networks.
7.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of the Training Programme to you, We will restart the Training Programme as soon as reasonably possible after the Event Outside Our Control is over.
7.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Training Programme. Please see your cancellation rights under clause 8. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 8.
8. Your rights to cancel and applicable refund
8.1 Before We begin to provide the Training Programme, you have the following rights to cancel an Order for the Training Programme, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 3.1 to your material disadvantage:
(a) You must make payment of the course in accordance with clause 5.3. You may cancel any Order for the Training Programme within 14 days after the deposit has been paid (or Clarity Call when offered) by contacting Us. We will confirm your cancellation in writing to you within one business day and you will receive a full refund of amount paid including the deposit within ten working days.
(b) where you have cancelled an Order because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
(c) where you have cancelled an Order after 14 days following the payment of your deposit (or Clarity Call where offered), full payment will be still be required, as per your initial order and no refund will be provided.
8.2 Once We have begun to provide the Training Programme to you, you may cancel the contract for the Training Programme with immediate effect by giving Us written notice if:
(a) We break this contract in any material way and We do not correct or fix the situation within 14 days of you asking Us to in writing;
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;
(c) We change these Terms under clause 3.1 to your material disadvantage;
(d) We are affected by an Event Outside Our Control.
8.3 If you do not attend the Training Programme for whatever reason you will not be entitled to a refund.
(B) Where we have agreed to reschedule your booking to an alternative date, course fees will be payable at the time that was agreed on the original invoice, unless specifically agreed otherwise by us in writing.
(C) You may transfer your booking to a third party prior to commencement of the programme with our written consent. However, You will still be liable for any course fees payable to Us.
8.4 You have the right to cancel the Membership at any time by sending Us at least one month’s written notice. Upon receipt of your notice, the Membership will terminate on a day before a monthly payment is due following the expiration of the month’s notice. For the avoidance of doubt, if your payment is due on the 20th of a month and you provide one month’s notice on 10th January which expires on 9th February, the termination date will be 19th February.
9. Our rights to cancel and applicable refund
9.1 If We have to cancel an Order for Training Programme before the Training Programme starts:
(a) We may have to cancel an Order before the start date for the Training Programme, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Training Programme. We will promptly contact you if this happens.
(b) If We have to cancel an Order under clause 9.1(a) and you have made any payment for the Training Programme that has not been provided to you, We will refund the cost of the Training Programme to you.
(c) Where We have already commenced the Training Programme by the time We have to cancel under clause 9.1(a), We shall refund the cost of the Training Programme to you.
9.2 We may cancel your Order for the Training Programme at any time by providing you with at least 30 calendar days’ notice in writing. If you have made any payment for the Training Programme that has not been provided to you, We will refund the cost of the Training Programme to you.
9.3 We may cancel your Order for the Training Programme at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to as set out in clause 5.3. This does not affect Our right to charge you interest under clause 5.4; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 14 days of Us asking you to in writing.
9.4 We reserve the right to refuse or exclude any person from the Training Programme. It will be at our discretion as to whether we provide a refund in such case.
10. Information about us and how to contact us
10.1 We are a company registered in England and Wales. Our company registration number is 07208708 and Our registered office is at 207 Regent Street, London, W1B 3HH. Our registered VAT number is GB 142 7947 91.
10.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Us on +44 (0) 207 112 2234 or by e-mailing Us at email@example.com
10.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the Order), you can send this to Us by e-mail, by hand, or by pre-paid post to Alpha Markets Limited at 207 Regent Street, London, W1B 3HH or email to firstname.lastname@example.org. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.
11. How we may use your personal information
11.1 We will use the personal information you provide to Us to:
(a) provide the Training Programme;
(b) process your payment for such Training Programme; and
(c) inform you about similar Memberships or Training Programmes that We provide, but you may stop receiving these at any time by contacting Us.
11.2 We will not give your personal data to any other third party unless we are required to do so in order to provide our service(s) to you or if required by law
12. DISCLAIMER & COPYRIGHT
12.1 You agree that you will not copy or reproduce the content of the Training Programme in any form whatsoever including (but not limited to) recording, photocopying or email.
12.2 Our Training Programme is for educational purposes ONLY. We do not provide advice or tip and no statement provided by our personnel or representatives should be treated as the same.
12.3 Any trade examples, including descriptions of past performance, provided in Our Training Programme are for educational and illustrative purposes ONLY. Any true illustrations should in no way be interpreted as a guarantee for future performances. As with any investment, there is no guarantee of return.
12.4 You are encouraged to obtain independent financial advice on any investments.
13. Other important terms
13.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
13.2 We are authorised by the Financial Conduct Authority with a Consumer Credit Licence for the purpose of credit broking. Our Firm Reference Number (FRN) is 685049.
13.3 This contract is between you and Us. No other person shall have any right to enforce any of its terms.
13.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
13.6 These Terms are governed by English law. You and I both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
13.7 You agree that by signing the Order that you will have read, understood and be bound by these terms. You also confirm and understand the Disclaimer in clause 12 above.
ATF Quality Guarantee
We are so confident that we provide a high standard of training on effective trading strategies and concepts that we provide the following Quality Guarantee:
Complete the ATF Weekend Strategy Event in full and at the end of the second day, if you feel that the strategies taught are not suitable for your needs, we will provide a full refund of the total programme fee.
Terms & Conditions of our ATF Quality Guarantee
- All prior tasks set to the delegate must be completed to a sufficient level
- The total programme fees must be paid prior to the ATF Strategy Weekend Event
- The delegate must participate in full for both days of our ATF Strategy Weekend Event
- A request for a refund is to make before leaving the Strategy Weekend Event