Terms and Conditions for the Provision of Services

Terms and Conditions

 

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. SHOULD YOU REQUIRE ANY CLARIFICATIONS DO NOT HESITATE TO CONTACT US.

Clause 1 – Definitions For the purposes of these terms:

Headings; Number and Gender: The headings of sections and paragraphs are inserted for convenience only and shall not be deemed to constitute part of this Contract or to affect the construction thereof. The use in this Contract of singular, plural, masculine, feminine and neuter pronouns shall include the others as the context may require.

"Ability Test": Is an online time-based test, and include Personality, Numerical, Calculation, Computer Skill, Basic Financial Literacy, Diagrammatic, Deductive and Inductive Reasoning tests to determine if the applicant will be able to understand Forex Trading concepts, the educational training material, training approach and be able to use the methods, systems and strategies as set forth on the eLearning Platform by Forex College.

"Applicant": A person singing up or applying to join the Evolve as a Trader Program.

"Consultation Fee": a fee charged for One-to-One Consultation at the discretion of Forex College and announced in the eLearning Platform

"Contract": The Terms and Conditions for the Provision of Services which shall regulate the contractual relationship between Forex College (hereinafter referred to as "Forex College") and the Candidate.

"Course": A distance learning module - The Evolve as a Trader Program - designed and developed by Forex College and/or any Partner, including all revisions and updates to such Course or Current Level as Forex College may make from time to time.

"Course Material": Physical or electronic material relating to any Course, together with all revisions and updates applied regularly made by Forex College and/or any Partner, which may be in any format. The distance Learning Courses shall be delivered via the Forex College Online Learning System.

"Course Syllabus": A document that includes but not limited to the detailed outline, Course structure, learning goals, assignments, and grading criteria of a single Course.

"Course Work": Any work including but not limited to materials, projects, assignments, thesis, dissertation, time-based assessments, required to be developed by the Candidate during the Course and submitted to Forex College.

"Certificate": The document issued upon successful completion of all requirements set forth by Forex College as part of the Course and Course work.

"Current Level": Is the single level the Candidate is actively participating in, which forms part of the Course.

"Enrolment Date": The day on which Forex College provides Candidate with access to the Online Learning System.

"Evolve as a Trader Program": Consist of 3 levels, with eLearning study material, Videos, week ahead analysis, access to online forums, group interaction, self-assessment quizzes, Time-based assessments, assignments and access to the Instructor Team.

"Forex College": Forex College sole proprietor, The Farm Vlakplaatz section 2, Tarlton, Gauteng, South Africa.

"Full Print Copy": All the training material of the successfully completed level in PDF format.

"International Candidate": is a non-South African, or a South African residing outside the Republic of South Africa (ZA).

"Instalment Plan": Pay a 50% deposit, and pay the balance of the fees in three equal instalments, or as stated on the invoice.

"Instructor Team": Highly skilled expert instructors who are former market makers, brokers and business leaders. Each one is experienced in online Forex and stock trading and an active trader on their own account.

"Level": The Evolve as a Trader Program consists of 3 levels, starting at Level 1 and dealing with different trading approaches, methods and strategies in each level.

"Local Candidate": is a South African citizen residing within the Republic of South Africa (ZA).

"One-to-One Consultation": In these one-to-one consultations a member of the Instructor Team will work with you to have an in-depth discussion in relation to your specific needs on a module or trading concepts regarding your current study Level. A per session (40-minutes) consultation fee will be charged for this service at the discretion of Forex College and will be announced on the eLearning Platform.

"Online eLearning System": Moodle learning app, available for use on all smart devices both online and offline, offline limited functionality due to live feed content.

"Parties": referred to Forex College and Candidate jointly.

"Partner": Any third party institution who shall provide any part of the services hereunder under the overall responsibility of Forex College.

"Services": The provision of relevant support, aids, systems, processes, and benefits related to any Course offered and conducted by Forex College to the Candidate in accordance with the Course syllabus.

"Single Payment": Is a once off-fee.

"Specific Securities": Each Level focus on a specific set of tradable instruments and time-frame for the purpose of education and analysis applicable to that Level and are listed in The Week Ahead Analysis module. Forex College have the right to alter these instruments at their own discretion and at any time as the market permitted, and will be announced in The Week Ahead Analysis Forum.

"Candidate(s)": The party both Local and International Candidate receiving the Services to be provided by Forex College and/or any Partner.

"Tuition Fee International": Course fee in US Dollars ($) for International Candidate, payable using debit or credit card via PayPal.

"Tuition Fee ZA": Course fee in South African Rand ZAR (R) for Local Candidate, payable using EFT, debit or credit card.

Clause 2 – Area of Application and Effectiveness

2.1 The contractual relationship between Forex College and the Candidate enrolled in any Course or Current Level provided by Forex College shall be governed exclusively by this Contract which shall become effective and be binding on the parties at the time of acceptance, in writing, of Candidate´s application for admission by Forex College.
2.2 Forex College hereby refuses to accept any additional or different terms contained on any of Candidate's acknowledgments or in any other correspondence from the Candidate, unless such additional or different terms are expressly accepted in writing by Forex College. The terms of this Contract shall constitute the entire agreement between Forex College and the Candidate on the subject hereof, superseding all prior communications and negotiations between the parties.

Clause 3 – Responsibility for Course Material

3.1 Forex College will deliver the course material necessary to achieve the educational goals set forth in the academic curriculum. Forex College does not guarantee that the Course Material will be errors- or omissions free.
3.2 Forex College will deliver the Services to the Candidate in accordance with the rules and regulations set forth in the curriculum received by the Candidate.
3.3 The Candidate will be responsible for inspecting the Course Material as soon as reasonably possible following delivery or access. Furthermore, the Candidate will be responsible for notifying Forex College about any errors or omissions respective to the "Reading section" as outlined in the Course syllabus.
3.4. Forex College reserves the right to make variations to the content or methods of delivery or assessment of Courses, to discontinue, merge or combine Courses if such action is required by Forex College.
3.5 In case the Candidate is intending to take leave (sabbatical) from the Course for a period of 2 months or more, the Candidate will be required to notify Forex College in writing in advance. If Candidate fails to notify Forex College in advance, continuation of the respective Course will be at Forex College's discretion and Forex College will have the right to suspend/lock the Candidate from the Online eLearning System. To regain access the Candidate will have to contact Forex College and request joining the Course or Current Level again, a reconnection fee might apply. Taking leave for less than 2 months shall not have an impact on Course or Current Level access.
3.6 All Candidates must complete the entire Course within a period not greater than 1 year and 3 months (64 weeks) from Enrolment Date into the respective Course. At the discretion of Forex College and at the request of the Candidate the period of the Course or Current Level may be extended, for which an additional fee may be applicable.
3.7 Candidates will be allowed 8 weeks per Current Level, with an additional 8 weeks grace period, if not successfully completing required assessments and assignments in the first 8 weeks. A total of no more than 16 weeks per level will be allowed. Should the Candidate require more time to complete a Current Level follow the procedures laid out in - clause 3.5 – intention to take leave.
3.8 Forex College at its own discretion can request from any applicant at any time to complete the Ability Test before admission, an administration fee maybe charged for the Ability Test at the sole discretion of Forex College.
3.9 When a Candidate successfully complete an active level, the Candidate will receive a "Full Print Copy" copy of the training material to use as a reference. If the Candidate continue with the program, the Candidate will be provided new login details to the appropriate eLearning Platform Level and all related services.
3.10 Forex College Instructor Team will only provide analysis and feedback on the "Specific Securities". Instruments/securities not listed in The Week Ahead module will not be analysed or commented on. The "Specific Securities" were found to be adequate in learning the concept of Forex Trading, and provide more than enough trade opportunities to build the necessary experience.
3.11 If a Candidate need a more personalized and in-depth discussion in relation to specific trading needs in a Module, or trading concepts in regards to their current study Level, the Candidate can book a One-to-One Consultation session using the booking form supplied within the eLearning Platform. This session will then be arranged with a member of the Instructor Team at a date and time appropriate to both parties.

Clause 4 – Payments

4.1 The terms and dates of payment shall be as set forth in an invoice issued by Forex College to the Candidate.
4.2 Under no circumstances shall Forex College be deemed to have received payment until payment has actually been received by Forex College in full.
4.3 Preliminary access to the Course or Current Level Material including, without limitation, the Forex College online eLearning System shall only be provided by Forex College upon confirmed reception of the tuition payment (full or partial, relevant to the respective invoice).
4.4 Subject to clause 5.2 hereto, paid fees of the distance learning Courses and other online services are non-refundable.
4.5 Forex College shall have the right to charge and receive a handling fee for late payment of 5% for outstanding dues not paid as per the terms set forth in the invoice issued by Forex College to the Candidate unless Forex College agrees, in writing, to postpone the date for such payment.
4.6 Forex College shall have, at any time, the right to suspend the Candidate's access to the Course including but not limited to the Forex College Online eLearning System if payment of any instalment or subsequent instalments is delayed for more than 7 days per event.
4.7 Without prejudice to clauses 4.4, 4.6 and 5.1 hereto, Forex College shall not be obliged to issue the respective certificate of completion for the Course or any Level enrolled until all outstanding dues are settled by the Candidate. If any.
4.8 Should a Candidate without reason drop out of the course and was removed from the course for inactivity for more than two months and decide to re-join a reconnection fee might be applicable in the sole discretion of Forex College. See clause 3.5
4.9 If requested for a "One-to-One Consultation" session by a Candidate, Forex College have the right to charge for a "One-to-One Consultation" as set forth in the eLearning Platform.
4.10 In the case of a "One-to-One Consultation" request, the consultation shall only be provided by Forex College upon confirmed reception of the Consultation Fee in full as per consultation request invoice and prior the date set forth on the invoice for the "One-to-One Consultation" session.

Clause 5 – Termination

5.1 Termination by Forex College Without prejudice to any other rights Forex College might have as per applicable law, should payment of any invoices issued by Forex College to the Candidate be delayed for more than 60 days per event, Forex College shall have the right forthwith to terminate the contract upon written notification to the Candidate. Likewise, Forex College reserves the right to terminate the contract, without obligation to refund any of the paid tuition fees, in the following cases: If Candidate is found guilty of plagiarism or serious academic misconduct in breach of Forex College Candidate Regulations such as:

Academic Dishonesty
All forms of academic misconduct including but not limited to cheating, fabrication, plagiarism, or facilitating academic dishonesty. Fabrication: is the falsification of any data used by Candidates in any academic paper or document. This includes making up quotations, inventing data to suit the results wanted, omitting certain data to that is inconvenient to the experiment and also making up bibliographical references. Plagiarism: is the theft of intellectual property belonging to another person and passing it off as one's own work, or failing to cite the source of the original work properly. Examples of plagiarism are: handing in someone else's work and passing it off as one's own; copying ideas from other sources, without giving that source credit; giving incorrect information about the source or failing to use proper references; and using so many different ideas from other sources that the Candidate barely uses any of their own work, whether it is properly referenced or not.

Forgery
Forgery, alteration, or misuse of any School document, record, key, electronic device, or identification. False information or Forgery of any documents used for the application.

Harassment
Harassment of any person by a Candidate of Forex College. For the purposes of these policies, 'harassment' is: the use, display, or other demonstration of words, gestures, imagery, or physical materials, or the engagement in any form of bodily conduct, on the basis of race, colour, national or ethnic origin, alienage, sex, religion, age, sexual orientation, or physical or mental disability, that has the effect of creating a hostile and intimidating environment sufficiently severe or pervasive to substantially impair a reasonable person's participation in Forex College Courses or activities, or use of Forex College facilities.

Course Material
Selling, preparing, or distributing course lecture notes or video or audio recordings of any course for any commercial purpose unless authorized by Forex College in advance and explicitly permitted by the course instructor in writing. The unauthorized sale or commercial distribution of course notes or recordings by a Candidate is a violation of these Policies whether or not it was the Candidate or someone else who prepared the notes or recordings.

Appropriate Candidate conduct
Forex College will not tolerate any harassment of, or threatening conduct towards, Candidates, staff or faculty of Forex College. This includes e-mails or letters containing abusive or threatening language, as well as any false accusations intentionally made by a Candidate against another Candidate or a staff or faculty member, where the Candidate knows the accusation to be false. Any negative comments or inappropriately aggressive behaviour is not acceptable. Candidates must acknowledge any constructive criticism given by faculty or Forex College staff members.

Appropriate language
Faculty and staff members must be treated with respect at all times and Candidates must reflect this in their general manner and tone of voice when addressing them. The authority of the faculty member must be recognized and other Candidates must be treated in a courteous and appropriate manner.

5.2 Termination by the Candidate
The Candidate may terminate this contract upon 30 days written notice to Forex College without the right for refund of any paid tuition fees. The same applies if the Candidate and Forex College have agreed on instalment payments so that the Candidate shall, irrespective of the termination of this contract, be obliged to pay the outstanding remainder of the tuition fees in accordance with the respective invoice to Forex College and according to the following scheme: The Candidate will be obliged to pay the outstanding remainder of the tuition fees in accordance with the agreed instalment plan.

Clause 6 – Suspension

In case Forex College and the Candidate have agreed on instalment payments and the Candidate is in default with respect to one or more instalment payments the Candidate shall be obliged to pay Forex College, in addition to the outstanding instalment payment, a handling fee of 5% from the outstanding amount. In case the Candidate fails to pay the outstanding amount within 7 days after receipt of an electronic/written reminder from Forex College, Forex College will have the right to suspend/lock the Candidate from the Online eLearning System. To regain access to the Online Learning System the Candidate has to fulfil the following conditions:

Payment of the outstanding amount including a 5% handling fee.

Payment of unlock fee in the amount of $99 US.

Clause 7 - Disclaimer

Trading any financial instrument carries a significant level of risk to the capital you invest. Therefore, you should only trade money that you can afford to lose. The trading of these products may not be suitable for all investors or traders. You must ensure that you fully understand the risk involved and seek independent advice if necessary. All responsible care has been taken to ensure that the information included in this website is accurate and complete and all opinions expressed provide no guarantee of profits for any investor or trader in Forex College. Forex College will accept no liability for any loss which directly or indirectly may arise from this information. *None of the information provided constitutes investment or trading advice. *The information contained in this communication, our seminars, workshops, trading courses, virtual classrooms, eLearning Platforms, including any attachments, is not to be construed as advice in terms of the Financial Advisory and Intermediary Services Act 37 of 2002 South Africa. *Individual performance depends upon each customer's unique skills, time commitment and effort. The Evolve as a Trader Program provided is not designed or intended to qualify candidates or clients for employment. Our curriculum is avocational in nature and is intended for the purpose of the accumulation of wealth by trading professionally, and the personal enrichment, development, and enjoyment of, our candidates and clients.