1.1 In these terms and conditions:
- “Customer” means the person named on the Customer Invoice;
- “Customer Invoice” means the invoice received from email@example.com upon payment of the Deposit or Programme Price
- “Data” includes contact details including name, email address and telephone number.
- “Digital Content” means the “Digital Content” accessed via SmartCharts.net which includes Learn the Basics and Learn Forex videos and training manuals.
- “Bonus Events” means the LTT Bonus 2 Day Workshop and Bonus Live Trading Analysis Day as described at clause 5
- “Bonus Trading Mentoring Sessions” means 3 one-to-ones, 30 minute digital mentoring sessions on historical live trading with your assigned Trader Mentor
- “Enrollment Date” means the date on which you purchased the Programme;
- “Intellectual Property Rights” means patents, trademarks, copyrights, database rights, design rights, moral rights, goodwill, applications for registration of any of the foregoing and all rights of like nature arising or subsisting whether registered or unregistered;
- “LTT” “we”, “our” or “us” means Learn to Trade Pty Ltd or its agents.
- “LTT Associates” means a related entity to LTT as that term is defined in the Corporations Act 2001 (Cth).
- “The Group” means Learn to Trade Pty Ltd, and SmartCharts Software Pty Ltd and their related companies.
- “LTT Partners” means Smart Charts Software Pty Ltd and The Greg Secker Foundation.
- “Materials” means any materials (online or hard copy) created or distributed by LTT in connection with the Learn Forex Digital Programme or Learn Forex Two Day Workshop and Bonus Live Trading Analysis Day
- “Programme Price” means the fees for the Learn Forex Digital Programme and SmartCharts Subscription as set out on the Customer’s Invoice;
- “Payment Plan” means any payment plan identified as such and agreed in the Customer’s Invoice with respect to when You will pay the Programme Price.
- “Privacy and Data Protection Requirements” means all applicable laws and regulations relating to the processing of personal data and privacy including but not limited to the Australian Privacy Principles under the Privacy Act 1988 (Cth) as amended.
- “Recommended Broker” – Sirius Financial Markets Pty Ltd (ABN 36 142 189 384: AFSL No. 439907) trading as Forex CFDs and/or other brokers recommended by LTT from time to time;
- “Recordings” include still images, video and audio recordings;
- “SC” means SmartCharts Software Pty Ltd (ABN 62602459414), a company registered in Australia, a subsidiary of Knowledge to Action Holdings Ltd (UK).
- “SmartCharts”means the software program known as such as released by SC from time to time.
- “SmartCharts Subscription” means the ongoing subscription to SmartCharts charged monthly at $149 Australian dollars as described on the Customer’s Monthly invoice, and subject to separate terms and conditions issued to You directly by SmartCharts;
- “Start Date” means the first date on which you sign into the Learn Forex Digital programme via login.smartcharts.net.
1.2 Clause and paragraph headings shall not affect the interpretation of these Terms & Conditions.
2. Price and Payment
2.1 A minimum deposit of $1,000 is payable on your Enrollment Date. Any remaining balance of the Programme Price is payable as set out on your Customer Invoice;
2.2 By entering into these Terms & Conditions, whether physically or by agreeing online,you authorize us to debit the initial payment from the credit or debit card specified on the Customer Invoice.
2.3 You authorize us to debit any remaining balance on the date agreed on your Customer Invoice.
2.4 In the event that payment fails on the date agreed, you authorize us to attempt to debit the outstanding amount each month on the originally agreed day until the outstanding amount has been paid in full.
2.5 If you fail to pay the Programme Price in accordance with these Terms & Conditions, we reserve the right to pass your account to a 3rd party collections agency
3. Term and Termination
3.1 Your access to the Learn Forex Digital Programme will be available when the Programme Price is paid in full and your SmartCharts Subscription is paid up.The Learn Forex Digital Programme is accessible whilst your SmartCharts Subscription remains active. If you cancel your SmartCharts Subscription, the Learn Forex Digital Programme content will remain accessible for a further 30 days until your SmartCharts Subscription expires, however, subject to Clause 4 you will not be entitled to a refund of the Programme Price.
3.2 SmartCharts Subscriptions shall automatically renew for subsequent terms equal to the initial subscription term unless terminated in accordance with these Terms & Conditions.
4. Cooling-off Period and Cancellation
4.1 Subject to Clause 4.3 and 4.4 You may cancel these Terms & Conditions on or before the 14th Day from your Enrolment Date (the “Cancellation Period”) by e-mailing firstname.lastname@example.org with the subject ‘Learn Forex Digital Programme Cancellation’.
4.2 If you cancel within this fourteen-day period, your Programme Price, after the deduction of your first month SmartCharts Subscription, will be refunded to you in full save as set forth in clause 4.4.
4.3 You acknowledge and agree that the Learn Forex Digital Programme for which the Programme Price is paid contains Digital Content and that You will be deemed to have downloaded such Digital Content on your initial login into login.smartcharts.net
4.4 You acknowledge and agree that following downloading of any of the Digital Content all amounts you have paid towards the Programme Price will thereafter become non-refundable and You will lose any right You may have had to cancel these Terms & Conditions and to claim a refund.
4.5 Cancellation or termination of these Terms & Conditions shall be without prejudice to any rights which have accrued prior to such date. The rights and obligations contained in clauses 1, 7, 8, 9, 10, 11 and 13 shall survive any termination or cancellation.
4.6 You may cancel your SmartCharts Subscription by giving SC notice of cancellation 30 days prior to the renewal date in writing to email@example.com
5. Bonus Events
5.1 Bonus Events will be delivered online;
5.2 LTT reserves the right to make reasonable alterations to the presenter, date, time for Bonus Events. LTT shall provide You with reasonable notice of any such alteration
5.3 LTT reserves the right to alter the structure and content of a Bonus Events or to cancel a Bonus Event at its discretion without liability to You.
5.4 LTT reserves the right at its discretion to exclude You from the Learn Forex Two Day Workshop or any part thereof) for any reason LTT deem appropriate (acting reasonably).
5.5 To attend the Learn Forex Two Day Bonus Workshop you must have an active SmartCharts Subscription.
5.6 You have 4 weeks from Your Start Date to attend the Learn Forex Two Day Bonus Workshop.
5.7 You have 6 weeks from Your Start Date to book and complete your Bonus Trading Mentoring sessions.
5.8 Your Bonus Trading Mentoring Sessions are bookable via the Smart Charts Platform. To book your Bonus Trading Mentoring you must share a live trading journal showing your historical live trades with your Trader Mentor.
5.9 Attendance at the Bonus Live Trading Analysis Day is conditional on:
(a) The reservations in this clause
(b) You opening a foreign exchange trading account with the Recommended Broker, which is subject to the Recommended Broker’s account opening requirements which is outside of LTT’s control.
6. LTT Confidentiality
6.1 You must not disclose to any person, use or copy any confidential information concerning the business, affairs, customers, clients or suppliers of LTT or an LTT Associate (including information learnt and all Materials) except where it may be required by law, court order or any governmental or regulatory authority or agreed in writing with LTT in advance of such disclosure.
6.2 This clause 6 shall not apply in relation to any information that is or becomes generally available to the public (save by breach of any duty of confidence) or in respect of information which the parties agree in writing is not confidential or may be disclosed
7. Intellectual Property
LTT shall have sole title and ownership of all Intellectual Property Rights in the Materials and Recordings created in the provision of any of our services. LTT grants You a right to use the Materials solely for the purpose of You participating in the Learn Forex Digital Programme or a Bonus Event.
8.1 LTT shall not be in breach of these Terms & Conditions nor liable to You for delay in performing, or failure to perform any of its obligations under these Terms & Conditions if such delay or failure results from events, circumstances or causes beyond LTT’s reasonable control (including but not limited to war, terror attack, civil war, industrial action or strike, failure of transport network, pandemic, fire explosion, flood, earthquake, nuclear, chemical or biological contamination or compliance with any law or regulation) and in such circumstance LTT shall be entitled to a reasonable extension of the time for performing such obligations.
8.2 LTT shall not be liable to You or any other third parties, in contract, tort (including negligence), misrepresentation or otherwise arising in connection with these Terms & Conditions, for any loss or damage (including, without limitation, damage for loss of business or loss of profits or anticipated savings) arising directly or indirectly from your use of the Materials, or which in any event was not caused by any breach of these Terms & Conditions by LTT.
8.3 To the extent not prohibited by law, the total liability of LTT in contract, tort (including negligence), misrepresentation or otherwise arising in connection with these Terms & Conditions shall be limited to the Programme Price paid by You.
8.4 The terms of these Terms & Conditions do not affect your statutory rights.
8.5 Nothing in these Terms & Conditions shall exclude or limit our liability for fraud or fraudulent misrepresentation
9. Warranties and Acknowledgement
9.1 LTT warrants that it will provide its services with reasonable skill and care. All implied warranties and conditions are hereby excluded to the fullest extent of permitted by law.
9.2 These Terms & Conditions constitute the whole agreement between the parties and supersedes all previous agreements between the parties relating to this subject matter. Each party acknowledges that in entering into these Terms & Conditions, it has not relied on and shall have no right or remedy in respect of any statement, representation (save for any fraudulent misrepresentation) assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms & Conditions.
9.3 These Terms & Conditions shall not be amended (other than to allow for variations to reflect changes in the law, meet regulatory requirements or reflect new industry guidance and code of practice) unless agreed by LTT in writing.
9.4 You acknowledge that LTT is not providing You with broking services or investment advice and that neither LTT nor LTT Associates have represented to You that a profit can be made from any investment activity whatsoever. Any investment examples cited by LTT and LTT Associates are for illustration and education purposes only and are not to be relied upon as recommendations. Any decision to invest in any financial or investment product is made solely by You, and You acknowledge that neither LTT nor LTT Associates have any liability to you in respect of any such activities or the consequences thereof. You should obtain personal advice from a licensed financial adviser regarding the suitability of such activities for you should You wish to make investments.
10. Release for Recordings and Marketing
10.1 During the Learn Forex Digital Programme and Bonus Events, LTT reserves the right to make Recordings and You may be included in those Recordings. No payment will be made to you for the use of the Recordings.
10.2 You shall have no claim, right or interest in relation to the Recordings, which You agree we may use in whole or in part, in any medium, as part of our business, including, but not limited to use in the Materials.
10.3 Nothing herein will constitute any obligation on us to make any use of the Recordings.
10.4 You may not make any Recordings during the Learn Forex Three Day Workshop and Bonus Live Trading Analysis Day.
11.1 These Terms & Conditions and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of New South Wales. The parties irrevocably agree that the courts of New South Wales, shall have the exclusive jurisdiction to settle any dispute or claim arising under or in connection with these Terms & Conditions.
11.2 These Terms & Conditions are personal to you. You may not assign, transfer, sub-contract or deal in any other manner with any or all of the rights and obligations under these Terms & Conditions without the prior written consent of LTT
11.3 No failure or delay by either party in exercising any of its rights under these Terms & Conditions shall be deemed to be a waiver of that right and no waiver by either party of any breach shall be a waiver of any subsequent breach.
11.4 If any provision of these Terms & Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms & Conditions and the remainder of the provision in question shall not be affected
11.5 Risk Warning: The services which you may access from market makers include products that are traded on margin and carry a risk of losses in excess of your deposited funds. The products may not be suitable for all investors. Please ensure that you fully understand the risks involved and read the relevant product disclosure statement (PDS), Target market Determination (“TMD”) and Recommended Broker client agreements.
11.6 Target Market Determination ("TMD") Warning: You acknowledge that market makers must assess their prospective clients' suitability for products in line with the TMDs they publish before opening margin FX and CFD trading accounts ("brokerage accounts") and LTT must take reasonable steps to ensure such criteria is met when referring You to them. Therefore, please confirm that by entering into these Terms & Conditions you also agree that should you open a brokerage account –
a. You are above the age of 18;
b. You will have the required knowledge for the purposes of trading in CFDs;
c. You are seeking to explore trading opportunities from rising or falling markets in your account;
d. You will have high investment risk tolerance in your account including the capacity to lose all your deposits;
e. you will prefer a short to medium term investment horizon for your account.
12. Data Protection
12.1 We are committed to ensuring we treat personal information lawfully and place high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals. By entering into these Terms & Conditions you agree to provide us with such information as we reasonably request from time to time to enable us to comply with applicable Australian privacy laws.
12.2 The Group works closely together to deliver you the best possible service under the terms of these Terms & Conditions. In order to deliver this service to you and for you to get the most from the Programme we deem it is a legitimate interest to share your information with the Group Companies.
12.3 By entering into these Terms & Conditions you acknowledge that LTT shares your Data with the Group.
12.4 You authorize LTT to send your contact details onto LTT Partners and to the Recommended Broker. If You do not wish for your contact details to be forwarded on, please contact firstname.lastname@example.org.