Last Updated: 28 October 2023
!!! SHOULD YOU DISAGREE WITH ANY TERM OR PROVISION OUTLINED IN THESE TERMS OF SERVICE, WE KINDLY URGE YOU TO PROMPTLY EXIT THE SITE. IT IS IMPORTANT TO NOTE THAT BY PERSISTING IN THE USE OF THIS SITE OR ACCESSING THE PRODUCTS, SERVICES, OR INFORMATION IT OFFERS, YOU ARE SIGNIFYING YOUR CONSENT AND AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS SPECIFIED IN THESE TERMS OF SERVICE.
1. Website Terms of Use
By accessing or using the www.forexcollege.co.za website (the "Site"), you acknowledge and agree to the disclaimers and terms and conditions ("Terms") set forth below. Please ensure that you (referred to as the "User", "you" or "your" in these Terms and Conditions) read these Terms and Conditions with care. If you do not agree to these Terms and Conditions, you should not use the Site.
Forex College.co.za is a trading name of Forex College.
These Terms and Conditions apply to your use of the Site, which is operated and owned by Forex College, a private company, South Africa. ("Forex College", "We", and/or "Us").
You must be at least 18 years of age to become a member of and use the Forex College service.
The member who created the Forex College account is referred to here as the "Account Owner" or a "Member" having a "Membership".
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time by posting the revisions on the Site. You should check these Terms periodically for changes as by using the Site after we post any changes to these Terms, you are agreeing to accept those changes, whether or not you have reviewed them, and you waive any right you may have to receive individualized notice of such changes.
By using the Site, whether as a guest or a registered user, you agree to be legally bound by these Terms just as if you had signed this agreement.
These Terms may be supplemented by additional terms and conditions pertaining to specific content and activities. You agree and understand that such additional terms and conditions are hereby incorporated by reference to these Terms. You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms and that they comply with them.
From time to time, access to some parts of the Site, or the entire Site, may be restricted to registered users and further terms and conditions shall apply to such registered users, which the User will be asked to accept within the relevant pages.
From time to time Forex College and any of its officers and employees may, to the extent permitted by law, have a position or interest in the instruments – or derivative of instruments – covered directly or indirectly by our reports.
2. No Investment Recommendations or Advice; Reliance on Information
Our website is a financial education, data and news portal, discussion forum, and content aggregator. Forex College is not a broker/dealer, we are not an investment advisor, we have no access to non-public information about publicly traded companies, and this is not a place for the giving or receiving of financial advice, advice concerning investment decisions or tax or legal advice. The services and the information available on or through this Site are only for your general information and use and are not intended to address your particular requirements.
In particular, the investment information, content, education, strategies, alerts, and materials on this Site (the "Investment Information") is in the nature of general investment research and data and is for general informational purposes only. The Investment Information is not personalized for you or any other recipient, does not constitute any form of advice or recommendation or investment advice by us or other users and is not and should not be considered to be an individualized investment recommendation. Such information is not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions.
Appropriate expert independent advice should be obtained before making any such decision. You bear all risks from any use or results of using any services and/or information on this Site. Forex College is an education, research, and social network platform for retail traders and investors that specializes in education and producing statistical observations on key financial instruments. These instruments may include but are not limited to shares, rolling spot foreign exchange contracts, commodity futures, contract for differences, spread bets, futures, crypto currencies, other high value assets and government and public securities. We will not arrange any transactions on your behalf.
We do not moderate the discussion forums, chat rooms, user-generated content or other interactive areas or services (the "Interactive Areas") of the Site, and if you receive any individualized investment recommendations or investment advice directly from any third parties in connection with such Interactive Areas' features, you acknowledge that any such recommendations or advice have not been authorized by us and are not part of the Site or the services offered through the Site. The Investment Information on the Site is provided "AS IS" without warranty of any kind.
To the maximum extent permitted by applicable law, Forex College is not responsible or liable in any manner for and makes no representations or warranties of any kind regarding, the accuracy, completeness, quality, reliability, or usefulness of any investment information or the results obtained from any Investment Information.
The type of strategies mentioned on the Site may not be suitable for everyone, and you alone are solely responsible for determining whether any investment, strategy, or any other product or service is appropriate or suitable for you, based on your investment objectives and personal and financial situation. You should consult an independent financial advisor, attorney, or tax professional regarding your specific investment, legal, or tax situation.
We may offer valuation tools; these are solely for informational and educational purposes so that users can easily run their own valuations. The pre-defined values are simply a starting point based on global assumptions that we have applied across the entire market – you should amend the values as you see fit and not regard them as a substitute for your own judgment. Any resulting valuation outputs are necessarily generic and are not endorsed for a given stock by Forex College. Any arrangements between you and any third party contacted via the website are at your sole risk.
3. Investment Warnings
We would like to draw your attention to the following important investment warnings.
The value of shares and investments and the income derived from them can go down as well as up;
When speculating on derivatives losses can exceed deposits;
Investors may not get back the amount they invested and furthermore losses can exceed deposits – substantial losses greater than your capital are a real risk;
Past performance is not a guide to future performance;
Some instruments, such as derivatives, may be disproportionately impacted by changes in the underlying instruments on which they are based, and as such are particularly high-risk investments; and
Price discovery and liquidity of some instruments may, from time to time, be impacted by market conditions, making it hard to deal in those instruments or ascertain their correct market value.
4. Broadcasts & Webinars
As part of the Investment Information, a live broadcast or webinar will be accessible on the Forex College website ("Forex College Broadcast") from time to time. The Forex College Broadcast and any other content viewed through the Forex College website are for your personal and non-commercial use only. During your relevant Forex College Membership, we grant you a limited, non-exclusive, non-transferable license to access the Forex College Broadcast on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
You agree to use the Forex College service including the Forex College Broadcast, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, including public performance limitations or other restrictions on the use of the service or content therein.
You agree not to:
archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms) content and information contained on or obtained from or through the Forex College service without the express written permission from Forex College or its licensors.
circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Forex College service;
use any robot, spider, scraper or other automated means to access the Forex College service;
decompile, reverse engineer or disassemble any software or other products or processes accessible through the Forex College service;
insert any code or product or manipulate the content of the Forex College service in any way;
use any data mining, data gathering, or extraction method; or
upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Forex College service, including any software viruses or any other computer code, files or programs.
The quality of the display of the Forex College Broadcast may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability is subject to your internet service and device capabilities and not all content is available in HD. You are responsible for all internet access charges. Please check with your internet provider for information on possible Internet data usage charges. Forex College makes no representations or warranties about the quality of your viewing experience on your display.
In order to become a Free Member of the Site, you must have internet access, create an account, and provide us with certain personal details. We reserve the right to modify, terminate, or otherwise amend the free services.
5. Underage Participants
If you are under the age of 18, you may still sign up for the Price-Action Trading Course with the consent of a parent or legal guardian. By registering for the course, you confirm that you have obtained such consent, and your parent or legal guardian agrees to be bound by these Terms of Service on your behalf. Your parent or legal guardian also agrees to supervise and take responsibility for your use of the course materials and participation in any associated activities.
Please note that individuals under the age of 18 may not be eligible to open a forex trading account with a broker due to legal restrictions. However, you can still learn the principles of trading by utilizing paper trading methods provided within the course. Paper trading involves simulated trading without actual money involved, allowing you to practice and gain experience in a risk-free environment.
We reserve the right to verify the age and consent of any participant under the age of 18, and may request additional information or documentation as necessary. If we discover that you are under 18 years old and have not obtained parental or legal guardian consent, we may terminate your access to the course without refund.
6. Sign up, Tuition Fee and Refunds
Once a user Sign Up, they confirm that they are at least 18 years old (if underage see clauses 5), agree to the Terms of Service and that they have the necessary funds to cover the Tuition Fee. The user further agree that they have funds available to open a trading account at a reputable broker.
Once a user's payment transaction was successful, the user will be directed to a Transaction Successful page with instructions on how to access and create a profile on the Forex College e-Learning Platform. The user will only receive an "Enrollment Key" to the course once the full funds are ready to withdraw from the Forex College bank account.
No Refund Policy - The Sign Up fee is nonrefundable tuition fee. UNFORTUNATELY, DUE TO THE IMMEDIATE ACCESS TO DIGITAL PRODUCTS, ALL FEES ARE FINAL AND NONREFUNDABLE.
(A) The non-refundable fee is strictly non-refundable under any circumstances, including but not limited to customer dissatisfaction, technical issues, or changes in personal circumstances.
(B) Once the payment is processed, the customer acknowledges and agrees that no refunds will be provided.
7. Digital Product and Services
By purchasing our Price-Action Trading Course, you acknowledge that this is a digital product and service. No physical items will be shipped to you. All content and services are delivered electronically via our e-Leaning Platform and our Discord Platform.
8. E-Learning Platform Access
Once the user's profile is created and the payment is confirmed, the user will be provided with a Course Enrolment Key within 7 days. The Course Enrolment Key allows full access to the Course Material. Forex College grants you a limited, non-exclusive, non-transferable license to access and view the courses and services for which you have paid all required fees, solely for your personal, non-commercial, educational purposes in accordance with these Terms and any conditions or restrictions associated with a particular course or feature of our services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course or service unless we give you explicit permission to do so in a written agreement.
Access Duration and Subscription Model
Users will have access to the e-Learning Platform, Course Material, and private channels on Discord for a period of 180 days from the date of course enrolment. After this period, access to the e-Learning Platform, Course Material, and private Discord channels will be suspended.
To continue accessing the Course Material and private Discord channels beyond the initial 180-day period, users must subscribe to a monthly subscription plan. The details and fee of the subscription plan will be indicated in the course material.
Re-activation
If a user decides not to subscribe after the initial 180-day period but wishes to re-join the course and private Discord channels at a later date, a re-activation fee will be applicable. The user must complete the Contact form on the website www.forexcollege.co.za with the message "reactivate access eLP, with user Email Adrress." This will be checked against suspended accounts, and if a match is found, the user will be invoiced for a re-activation administration fee from R5,000.00 ZAR (EFT) or $340.00 USD (PayPal) at the sole discretion of Forex College. All fees are subject to change, and any changes will be communicated to you in advance.
Please note: The option to re-join the course is only available for a period of two months after the user's last subscription ended. If the user wishes to re-join after this two-month period, they will need to sign up again and pay the full sign-up fee.
9. Social Training - Discord Access
A registered user have to follow the instructions in the Course Material to become a member of our FC Community public Discord Channel and Private Social Training channels. The Discord service will be provided for as long as Discord allow the service, Forex College have no control over the availability and sustainability of Discord and can not be held responsible for any Discord related issues.
If a user's account get suspended on the e-Learning Platform the user's Discord access might also be suspended (user banned from Discord channel) at the sole discretion of Forex College. Access to Discord will be restored at the sole discretion of Forex College once the re-activation fee is paid and available in Forex College bank account.
10. Trading Insight Service
The Trading Insight Service is provided exclusively to learners enrolled in our Price-Action Trading Course. This service is delivered by traders who actively trade their own accounts and is intended to offer high-probability trading setups, including entry, stop-loss, and exit placements, based on the insight provider's analysis. The insight provider reserves the right to close any position at any time without providing a reason.
Access to the Trading Insight Service will be available through our e-Learning platform portal or any other web platform we may utilize to deliver real-time posts. This service will be available to learners for the duration of their enrollment in the course.
Please note that all trading insights are based on the insight provider's personal trading strategies and should not be considered as guaranteed or investment advice. Users are responsible for their own trading decisions and should use the insights at their own discretion.
Please note that any analysis or trading insights shared is subject to change at any time without notice and is provided solely to assisting traders and learners to make independent investment decisions.
11. Coaching and 1-to-1 Consultation
Forex College offers personal coaching to students in addition to general tuition ("Coaching or 1-to-1 Consultation"). You may purchase access to Coaching and agree on the Terms by directly liaising with Forex College.
Billing and Fees:
- Per Email: Coaching via email is charged on a per-email basis. The fee for each email consultation will be communicated to you prior to the session.
- Per Private Session: One-on-one coaching sessions are billed per session. The fee for each session will be communicated to you prior to the session.
- Assignments and Tasks: Any assignments or tasks required as part of the coaching will be included in the per-session fee. Follow-up on these assignments and tasks will be covered under the same fee.
Coaching is billed on a time cost basis. All fees are subject to change, and any changes will be communicated to you in advance.
12. Passwords and Account Access
The member who created the Forex College account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Forex College account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
Accounts are provided on an individual basis, you are expressly forbidden from giving another person or entity access.
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft.
Always access your sensitive account information by going directly to the Forex College website and not through a hyperlink in an email or any other electronic communication, even if it looks official.
Forex College reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Forex College is not obligated to credit or discount a Membership for holds placed on the account by either a representative of Forex College or by the automated processes of Forex College.
13. Applications
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Forex College service. These Applications may import data related to your Forex College account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Forex College is not responsible for such Applications.
Such applications are owned or operated by third parties that are not related to or sponsored by Forex College. Use of an application is at your own option and risk.
14. Acceptable Use of the Site
It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of this Site. In general, Forex College will not tolerate, and you agree not to engage in, any use of the Site which damages or is likely to damage our reputation or the availability or integrity of the Site, which causes harm of any kind to Forex College or its users or which causes us or threatens to cause us to incur any legal, tax, financial, regulatory or other liability ("Misuse"). We, therefore, request you to treat our Site with respect, and you agree not to use the Site for any illegal or improper purpose, or in such a way as to infringe or breach other's rights or to cause or threaten to cause damage or harm to Forex College or its users (which shall also constitute Misuse). Without limiting any of the foregoing, you agree not to use the Site or cause or permit the Site to be used:
to jeopardize or prejudice the operation, quality or integrity of the Site, or the operation, quality or integrity of any telecommunications network;
to harvest or otherwise collect information about others, including e-mail addresses, without their consent;
for any commercial purpose including any direct marketing, surveys, contests or pyramid schemes, nor to use the Site to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;
to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, or any other harmful or detrimental programs;
to stalk or harass anyone or to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
to attack the Site via a denial-of-service attack; or
contrary to the terms and conditions of any Internet Service Provider you may use.
Any use of the Site in a manner prohibited in these Terms will constitute Misuse. We also ask you to comply with any relevant notices, policies, and terms imposed by third parties whose website, products, or services you access through the Site. We reserve the right to suspend the use of the Site generally or block your access to all or any part of the Site and/or to suspend or terminate your rights to use the Site or any part of it at any time and for any reason (or for no reason) including if we suspect Misuse.
We reserve the right to report any Misuse of the Site to the relevant enforcement or other authorities and to our legal advisers. We further reserve the right to disclose any evidence we have which relates directly or indirectly to Misuse of this Site. If any material on this Site, or your use of this Site, is contrary to the laws of the jurisdiction in which you are located then this Site is not intended for your use and we ask that you do not use this Site. You are responsible for compliance with the laws of the jurisdiction in which you are located.
15. Intellectual Property
All materials incorporated in or accessible through the Site, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, tools, data, information, and all other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Site) (the "Site Materials"), are protected by international copyright laws, and are owned, controlled or licensed by Forex College, or by the original creators of such materials or their permitted licensors. All such rights are reserved. Such Site Materials may be used only for viewing the Site in the ordinary course or as a resource for availing of the services offered through the Site. Any other use of the Site or the Site Materials, including any copying, reproduction, modification, sale, distribution, extraction, scraping, data mining, re-utilization, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.
Forex College, the Forex College logo and any other company, product or service name, logo or slogan contained in the Site (the "Marks") are trademarks of Forex College or its suppliers, publishers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Forex College or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing such marks without prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, are the service mark, trademark and/or trade dress of Forex College and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes, companies or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
All Site Materials contained in and published on the Site by Forex College or posted by our users are intended for the non-commercial use of the User. Subject to these Terms, we grant you a non-exclusive, non-transferable, limited license to access and use the Site and any publicly available Site Materials displayed thereon, except where such use is otherwise prohibited or restricted. However, no rights, title, or interest in any such Site Materials will be granted or transferred to you as a result of any permitted use of such Site Materials. You must not use any part of the Site Materials on the Site for commercial purposes without obtaining a license to do so from Forex College or our licensors. If you use the Site, the Site Materials, or the Marks other than as specifically authorized herein, without the prior written permission of Forex College, you are in breach of these Terms, and your right to use the Site will cease immediately. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. You must, at our option, return or destroy any copies of the materials you have made. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
16. Third-party Materials
Forex College may provide, or may provide access or links to, third party information, content, products, services, strategies, or other materials on or through the Site (collectively the "Third Party Materials") as a service to those interested in such Third Party Materials. Forex College does not screen, approve, monitor or have any control over any Third Party Materials and is not responsible or liable for such Third Party Materials in any manner or for any harm caused thereby. You will be solely responsible for any harm, including any damage to your computer system or loss of data that results from the use or download of any Third Party Materials.
All third party materials are provided on an "as-is" basis with all faults.
Forex College does not endorse or adopt any Third Party Materials and can make no guarantee as to the quality, accuracy, completeness, reliability, safety, timeliness, or appropriateness of such Third Party Materials. Forex College does not make any representations or warranties of any kind regarding the Third Party Materials and undertakes no responsibility to update or review any Third Party Materials. Users use such Third Party Materials at their own risk.
17. User Content
The Site may include Interactive Areas in which you or other users create, post or store content, messages, materials, data, information, text, or other items or materials on the Site (the "User Content"). You are solely responsible for all User Content you post to the Site, and you agree that all such User Content will comply with the user conduct rules described in the "Acceptable Use of the Site" section of these Terms, including the Code of Conduct. Without limiting the foregoing, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish through the Site any of the following:
User Content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party;
private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers; or
User Content that, in the sole judgment of Forex College, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site.
Forex College takes no responsibility and assumes no liability for any User Content or for any loss or damage thereto, nor is Forex College liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Forex College is not liable for any statements, representations or User Content provided by its users on the Site. Although Forex College has no obligation to screen, edit, moderate or monitor any of the User Content posted in any Interactive Area, Forex College reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. Except to the extent covered by a separate written agreement between you and Forex College, if you post User Content to the Site, you grant Forex College and its affiliates a nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Site. You grant Forex College and its affiliates and sublicenses the right to use the name that you submit in connection with such content if they choose.
You represent and warrant that:
you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site;
the User Content is accurate and not misleading; and
use and posting of the User Content you supply do not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
18. Mobile Services
Certain information or services are being made available to you through your mobile device (the "Mobile Services"). Except as otherwise specifically provided on the Site, we do not charge additional fees for these Mobile Services. However, your carrier's normal messaging, data, and other rates and fees will still apply. By explicitly requesting or using any Mobile Services, you agree that we may communicate with you by SMS, MMS, push message, text message or other electronic means to your mobile device in connection with such requested Mobile Service.
19. Registration Data; Account Security
Certain features of the Site may require that you register before accessing such features. If you register, you agree to:
provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data");
maintain the security of your password and identification;
maintain and promptly update the Registration Data, and any other information you provide to Forex College, to keep it accurate, current and complete;
and
accept all risks of unauthorized access to the Registration Data and any other information you provide to Forex College.
20. Disclaimers of Warranties
We do not warrant that the Site will be continuously available, or that your use of the Site will be uninterrupted or error-free, or that the Site and server will be free from attack.
This Site, the Site Materials (including all User Content as defined below), and all products and services offered on or in connection with the Site are provided on an "as is" basis. To the fullest extent permitted by applicable law, Forex College disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, as to the Site, the Site Materials and all products and services offered on or in connection with the site. Neither Forex College, nor any of our respective licensors, licensees, service providers or suppliers warrant that the Site or any function contained on the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make the Site available are free from viruses or other harmful components. Forex College does not warrant or make any representations regarding the use or the results of the use of the Site Materials or any third-party site accessed through the Site in terms of their correctness, accuracy, timeliness, reliability, or otherwise and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such product, offering, content or material. We do not warrant that the services or information provided on or through this Site will be correct, complete, accurate, adequate, up-to-date, or fit for any particular purpose.
Further, please note that no advice or information, obtained by you from our personnel or through this Site shall create any warranty not expressly provided for in these Terms. You are responsible for validating the integrity of any information received over the internet.
These disclaimers apply to the fullest extent permitted by law.
21. Advertising
Parts of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Forex College will not be responsible for any error or inaccuracy in advertising materials.
22. Limitations of Liability
You expressly understand and agree that (to the fullest extent permitted by law) Forex College and its directors, members, employees or agents shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits (whether direct or indirect) or contracts, income or revenue, goodwill, anticipated savings, data or other intangible and/or economic losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from:
the use or the inability to use the site;
the use of, inability to use, or reliance upon any content or other site materials on or offered through the site or any website or websites linked to the site;
unauthorized access to or alteration of your transmissions or data;
statements or conduct of any third party on the site; and/or
any other matter relating to the site.
In no event shall the aggregate liability of Forex College, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the site or the site materials exceed any compensation you pay, if any, directly to Forex College in connection with the site and the site materials.
The foregoing does not affect our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is the discontinuation of your use of this Site.
23. Links
The Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Forex College of the content on such third-party websites. Forex College is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third party sites.
Forex College generally welcomes the hyper-linking to the Site from other appropriate websites provided such links are to the Site's homepage (and no deeper within the Site) and provided we give our consent to the establishment of such links. Notwithstanding the foregoing, we reserve the absolute right to refuse to consent to such links without giving reasons. Other than to the Site's homepage, written permission is required for links to pages within the Site. Any links to the Site from another website must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor's user experience.
24. Governing Law
Nothing on this website or any part thereof is intended to constitute an offer or solicitation to buy or sell investments in any jurisdiction. The Site has been created and is controlled by Forex College South Africa. These Terms will be governed by, and construed and enforced in accordance with, the laws of South Africa. You hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the courts of South Africa.
Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you live in a country where access to the services provided by the Site is prohibited, you must not register with us or attempt to use our services. Should Forex College become aware of any Account Owner accessing the Site from a country in which the access to the services provided by the Site is prohibited, Forex College reserves the right to close such Account.
25. Privacy
We are committed to protecting your privacy and security. All Personal Data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy, which explains how we collect, use, and disclose personal information. In accessing this Site the User accepts that electronic mail passing over the Internet may not be free from interference by third parties. In consequence, Forex College cannot guarantee the privacy or confidentiality of any information relating to the User passing over the Internet. The User shall be responsible for your communications to this Site, including its lawfulness, truthfulness, and accuracy.
26. Disclosure
The Disclosure on this website it applicable to all users of the website and all services offered, it outlines the risk associated with trading. The disclusre in full is part of this Terms of Service and can be found on the link in the footer on our public website.
27. Repeat Infringer Policy
Forex College has adopted a policy of terminating, in appropriate circumstances, and at Forex College' sole discretion, the access of Users or Account Owners who are deemed to be repeat infringers. Forex College may also at its sole discretion limit access to the Site and/or terminate the access of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
28. House Rules
By creating and using an account on TradingView you confirm you have read and agree to follow our House Rules.
29. Promotional Hardware Bundle Terms and Conditions
This clause applies exclusively to promotions involving hardware bundles offered with Forex College courses, such as the Price-Action Trading Course + Tablet Bundle. The following terms and conditions govern such promotions:
- Eligibility
Offer valid only for new sign-ups to the specific course associated with the promotion. Delivery of the hardware is restricted to addresses within South Africa. - 2Availability The promotion is limited to a specified number of bundles, available on a first-come, first-served basis.
- Delivery
Hardware will only be shipped after the user signs up, logs into the course platform, and provides a valid delivery address.
Forex College is not responsible for delays caused by third-party shipping services. - Returns and Exchanges
No refunds or returns will be accepted for the hardware under any circumstances. Users experiencing issues with the hardware must notify Forex College, which will facilitate communication with the supplier for resolution. - Course Fee
The course fee remains unchanged and does not include additional charges for the promotional hardware. - Non-Transferability
The hardware is non-transferable and will only be shipped to the user who signs up for the course. - Liability
Forex College is not responsible for any damages to the hardware after delivery. - Modification or Withdrawal of Offer
Forex College reserves the right to modify or withdraw the promotion without prior notice. - Acceptance of Terms
By participating in the promotion, users agree to these specific terms and conditions in addition to the general terms of Forex College.
30. Termination
Forex College reserves the right, without notice and in its sole discretion with or without cause, to terminate the Site or to suspend or terminate your ability to use the Site, and to block or prevent your future access to and use of the Site.
31. Additional Terms
If any provision of these Terms shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to exercise or delay in exercising a right or remedy provided by these Terms or by law does not constitute a waiver of those or any other rights or remedies. These Terms and the rights and obligations contained herein are personal to you and may not be assigned, licensed, or transferred by you. We reserve the right to assign or transfer its rights and obligations under these Terms.
EMAILS
By creating an e-Learning Platform account with Forex College or by Sending the contact form from the website www.forexcollege.co.za, you agree that Forex College can use your email address to send you marketing materials, service-related notices, important information messages, special offers, etc. You can unsubscribe from this by clicking on the link provided in the emails.
32. Reseller Clause:
By purchasing our digital online course through a reseller, you acknowledge and agree that Forex College utilizes resellers for distribution. In this arrangement, the reseller is solely responsible for all payments owed to Forex College. In the event that the reseller fails to remit the relevant fees to Forex College, resulting in a suspension of access to the course for the buyer, it is the buyer's responsibility to address this matter directly with the reseller. Forex College disclaims any liability arising from transactions made through resellers and encourages buyers to communicate directly with their reseller regarding any payment-related issues.
33. Contacting Us
If for any reason you wish to contact us, the best way to reach us is by completing our online contact form due to our extensive travel and locations around the globe.
!!! SHOULD YOU DISAGREE WITH ANY TERM OR PROVISION OUTLINED IN THESE TERMS OF SERVICE, WE KINDLY URGE YOU TO PROMPTLY EXIT THE SITE. IT IS IMPORTANT TO NOTE THAT BY PERSISTING IN THE USE OF THIS SITE OR ACCESSING THE PRODUCTS, SERVICES, OR INFORMATION IT OFFERS, YOU ARE SIGNIFYING YOUR CONSENT AND AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS SPECIFIED IN THESE TERMS OF SERVICE.