Unlimited Wealth EMEA Terms and Conditions

SMART CHARTS PTY LTD, A COMPANY REGISTERED IN NEW SOUTH WALES, AUSTRALIA UNDER ABN 62602459414 WITH A REGISTERED OFFICE AT 1275 141 WALKER STREET NORTH SYDNEY 2060.
TERMS AND CONDITIONS OF SALE AGREED BY ELECTRONIC SIGNATURE VIA ‘PANDA DOC’

1. DEFINITIONS AND INTERPRETATION

1. Definitions
1.1 In these terms and conditions:-
-“3rd Party Credit Provider” – means Knoma Ltd (Company No 11650366) whose registered office is at runway East, 18 Crucifix Lane, London SE1 3JW, UK (“the Lender”)
- “Balance” means the Programme Price less any amount You have paid towards it (whether the Deposit or any other amount);
- “Capital Index” means SC’s preferred broker;
- “Company Trading Account” means a trading account with Capital Index as per clause 4 of this Agreement;
-“Courses” means the applicable Courses included in the Programme Content as detailed on Page 1 of the Panda Doc Electronic Agreement.
- “Programme Price” means the total amount paid for the Programme as specified on your invoice provided at point of purchase. For clarity the Course Price is inclusive of the 20% non-refundable Deposit;
- “Daily Webinars” means access to our daily webinars online
- “Data” means contact details including name, email address and telephone number;
- “Deposit” means 20% of the total Programme Price paid on the date of this Agreement;
“Enrolment Date” – the date in which you enter into this Agreement
“Intellectual Property Rights” means patents, trademarks, copyrights, database rights, design rights, applications for registration of any of the foregoing and all rights of like nature arising or subsisting whether registered or unregistered; - “SC”, “we” or “us” means Learn to Trade Limited (Company No. 7655992), a subsidiary of Knowledge to Action Ltd (Company No. 04840493)
- “SC Associates” shall mean all of, SC, and its agents, officers, employees, affiliates, speakers and sponsors;
“Materials” means any materials created or distributed by SC in connection with the Courses;
- “Momentum Mentoring” means access to one-to-one Mentoring sessions with a SC coach as further described on the page 1 of this document;
- “New Net Profit” means profit You make through your Company Trading Account over and above the Opening Balance
- “Opening Balance” means the amount of money put into your Company Trading Account on opening;
- “Payment Plan” means any payment plan to pay the Programme Prices as identified as such on your invoice sent following payment of the Deposit;
- “Programme Content” means the “Digital Content” as described on the Page 1 of this Agreement, available to you during the Programme Period;
- “Programme Price” means the total amount paid for the Programme as specified on your invoice and on Page 1 of this Panda Doc Electronic Agreement.
- “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 GDPR and the Privacy and electronic Communications Regulations 2003. - “Programme Period” means the period set out on the Programme Content on page 1 of this Agreement;
- “Recording” includes still images, video and audio recordings;
- “Risk Guidelines” means the document containing risk guidelines as provided to delegates from time to time.
- “Risk Manager” means an appointed SC risk manager;
- “Re-Sits” means the ability to (subject to availability) attend repeat Course; “SmartCharts Software” – means a paid subscription service charged separately to access a data feed for the strategies online
- “Strategies” means the trading strategies provided in the SmartCharts Software –
“Terms and Conditions” means these terms and conditions; -
“Waived Margin” means a fixed amount allocated to the account and utilised in the calculation of the initial margin required;
-”Wealth Stream” if applicable means access to watch online any of the Course as a webinar via an emailed link provided by SC;
- “Working Day” means a day (other than a Saturday, Sunday or public holiday) when clearing banks in the City of London are open for the transaction of normal banking business; and
- “You” means the customer who has entered into this Agreement affirmed by your electronic signature on the Panda Doc;1.2 Clause and paragraph headings shall not affect the interpretation of this Agreement.

2. The Course

2.1 In exchange for payment of the Programme Price, You shall be entitled to The Programme Content.
2.2 The Programme Content is digital and delivered via Smart Charts Software e-learning for which you will require a monthly subscription to SmartCharts Software to access.
2.3 You have from the date of this Agreement until the expiry of your Programme to
book and complete the Programme Content and Momentum Mentoring.

3. Price and Payment

3.1 A minimum non-refundable Deposit of 20% of the Programme Price is payable on your Enrolment Date. The Course Price relates to The Programme Content only and not the Company Trading Account. The remaining balance of the Programme Price is payable within 7 days of the date of this Agreement, unless agreed otherwise by SC.
3.2 Access to The Programme Content will be restricted to the UW Daily Webinars until the Programme Price is received in full. Upon receipt of full payment You will be granted full access to all elements of The Programme Content.
3.3 The Deposit paid is non-refundable.
3.4 You will not be entitled to any refund of the Programme Price if You fail to book and/or complete and/or use certain Courses or Momentum Mentoring or any other elements of The Programme within the Programme Period.
3.5 If You are unable to use any Courses, Re-Sit or Momentum Mentoring that You have booked, You shall provide SC with 48 hours’ notice in writing. Any rescheduling shall be at the sole discretion of SC and subject to availability.
3.6 In signing this Agreement, You hereby authorize SC to debit the Deposit and the Balance from the credit or debit card provided on the dates agreed.
3.7 Should You not make payment of the Balance of the Programme Price by alternate means within the period specified at clause 3.1 You hereby authorize SC to take the Balance from the same card.
3.8 If you fail to pay the Programme Price, in accordance with this Agreement we reserve the right to pass your unpaid account to a 3rd Party Collections Agency.
3.9 If You fail to pay the Programme Price in full at least 24 hours prior to the day You are scheduled to attend Your first Course SC reserves the right to refuse your participation.

4. Company Trading Account

4.1 Eligibility Criteria
4.1.1 In order to be receive a Company Trading Account you must meet the following minimum criteria:
4.1.1.1 You must have paid the Programme Price in full; and
4.1.1.2 You must have an active subscription to the SmartCharts Software; and 4.1.1.3 You must have held a personal live trading account with Capital Index and achieved 3% profit per month for 3 consecutive months above your opening balance to demonstrate your successful application of our strategies and risk management; and
4.1.1.4 You must not have risked more than 2% of your account opening balance on any single trade placed on your Capital Index Account; and 4.1.1.5 You must not have drawn down more than 10% of your account opening balance of your Capital Index Account in the 3 month period. 4.1.1.6 You must provide your SmartCharts trading journal to the SC Risk Manager to demonstrate you meet the criteria at clause 4.1.1.1- 4.1.1.5.
4.1.2 The Company Trading Account will be opened with a maximum Opening Balance of up to the amount stated on the Page 1 of this Agreement. The Opening Balance will be made up of 5% cash and the remainder will be Waived Margin. You may be given an Opening Balance that is less than this. The Opening Balance will be authorised by the Risk Manager at his/ her discretion.
4.2 Account Operating Rules
4.2.1 If you have received a Company Trading Account you must comply with the terms and conditions set forth below in this clause 4.2 and clause 4.3. You acknowledge that your holding a Company Trading Account is subject to such terms and conditions (and clause 4.4).
4.2.2 You must operate the Company Trading Account within the parameters set by SC, and in accordance with (a) these Terms and Conditions and (b) such instructions as may be provided to You by SC from time to time.
4.2.3 You will only use SC Strategies provided by your active subscription to the SC Software, or those approved in writing by the Risk Manager.
4.2.4 You will place at risk no more than 2% of your account balance on any one trade.
4.2.5 You may not lose more than 5% of your Opening Balance:
4.2.6 If you breach clauses 4.2.2 – 4.2.5 Your Company Trading Account will be automatically paused and reviewed by the Risk manager and may recommend further coaching. If the Risk manager is satisfied that you are able to continue, your Company Trading Account will be unpaused, however this is at the Risk manager’s reasonable discretion based on their review;
4.2.7 Any money including the opening balance that SC places in your Company Trading Account belongs to SC. You shall have no rights in or to such money other than the ability to use it to trade, while your account remains open, in accordance with these Company Trading Account Terms and Conditions. Should your account be closed or deactivated, You shall be entitled to your profit share of
any New Net Profit under clause 4.3 but shall have no right to any other monies in your account, which shall belong to SC.
4.2.8 You may not top up your Company Trading Account using your own cash, due to anti-money laundering regulations, however you may add funds to your personal
broker account.
4.2.9 SC reserves the right to access your Company Trading Account at any time, in order to perform risk management due diligence on your Company Trading Account.
4.3 Profit Share and Invoicing
4.3.1 You will receive 80% of any New Net Profit that You make (your “Profit Share”) and SC will receive 20%.
4.3.2 New Net Profit will be automatically transferred to a separate SC account (and may then be automatically transferred back into your Company Trading Account if sufficient to cover any subsequent loss in your Company Trading Account) such that the account balance on your Company Trading Account will for the most part remain at the level of your Opening Balance for as long as You have any undrawn Profit Share.
4.3.3 If, at the end of any calendar quarter, your account stands in profit (i.e. You have made New Net Profit) You may claim your Profit Share. This is only applicable to closed trades and does not include any open P&L.
4.3.4 To claim your Profit Share, You must submit an invoice to SC at the end of the calendar quarter. SC will retain the remaining 20% of the New Net Profit. 4.3.5 After You have received payment of your first invoice you will be eligible to compound future profits made on your Company Trading Account subject to the written consent of the Risk Manager.
4.3.6 You can accrue New Net Profits for up to a maximum period of 12 months at which time you must submit an invoice to SC for the full amount of your Profit Share on such accrued and accumulated New Net Profits. SC will always take out its 20% of New Net Profit at the end of each calendar quarter.
4.4 Term and Termination
4.4.1 The Company Trading Account may be terminated by either party giving not less than 30 days notice;
4.4.2 For the avoidance of doubt if you cancel your subscription to Smart Charts your Company Trading Account will be paused until such time that your subscription is reactivated or your Company Trading Account is terminated in accordance with this clause 4.
4.4.3 If your Company Trading Account is dormant for more than 60 Working Days, it will be closed.
4.4.4 You will be notified in writing if your Company Trading Account is to be paused or closed.
4.4.5 When your Company Trading Account is closed any New Net Profit owing to you (being your Profit Share of any such Net New Profit) will be paid to you within 30 Working Days save that if the Company Trading Account is revoked for a serious breach, fraud, dishonesty or behaviour that brings SC into disrepute, any New Net Profit (including any Profit Share) may be retained by SC.

5. Intellectual Property

5.1 Intellectual Property
SC shall have sole title and ownership of all Intellectual Property Rights in the Materials and Recordings or otherwise created in the provision of any of its services.

6. Liability

6.1 SC, SC Associates and SmartCharts shall not be liable to You or any other third parties 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 Material or which was not reasonable foreseeable when this Agreement was entered into, or which in any Courses, was not caused by any breach by SC.6.2 To the extent not prohibited by law, the total liability of SC, SC Associates and SmartCharts in contract, tort, misrepresentation or otherwise arising in connection with this Agreement shall be limited to the Programme Price paid by You. 6.3 The terms of this Agreement do not affect your statutory rights.

7. Warranties and Acknowledgements

7.1 SC warrants that its services will be provided with reasonable skill and care. SC makes no other warranties about its service. All implied warranties and conditions are hereby excluded to the fullest extent permitted by law.
7.2 This Agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties in relation to its subject matter. Each party acknowledges that, in entering into this Agreement, it has not relied on, and shall have not right or remedy in respect of, any statement, representation (save for any fraudulent representation), assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement.
7.3 You acknowledge that this Agreement 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 with SC in writing, Any such amendments will require both your signature and the signature (not email) of a director of SC. Any alterations requested by You may be agreed in writing by e mail and will form a legally binding term of this agreement.
7.4 You acknowledge that SC, SC Associates and SmartCharts are not brokers or investment advisers and that SC, SC Associates and SmartCharts have not represented to You that a profit can be made from any investment activity
whatsoever. Any investment examples cited are for illustration purposes only and are not recommendations. Any decision to invest in any finance or investment product is made solely by You, and SC, SC Associates and SmartCharts have no liability to You in respect of any such activities or the consequences thereof. You should consider seeking advice from a regulated financial advice or stockbroker should You wish to make investments.

8. Cancellation

8.1 Subject to clause 8.2 and 8.3 You may cancel this Agreement on or before the 14th day from your Enrolment Date (the “Cancellation Period”) by e-mailing vip@smartchartsfx.com with the subject ‘Cancellation’ or you may use the form provided at Schedule 1 below. If you cancel within this 14 day period payments made in respect of the Programme Price will be refunded to you. Cancellation or termination of this agreement after fourteen days shall not affect Your obligation to pay the Programme Price and SC shall not be liable to refund any part of the Programme Price paid.
8.2 The Programme Content for which the Programme Price is paid contains digital content. If You wish to access the digital content during the Cancellation Period, you will be required to first give your express consent to the immediate provision of the digital content. By giving such consent, Subscriber immediately loses their right to cancel under clause 8.1 and the deposit and all other amounts you have paid towards the Programme Price will become non-refundable.
8.3 If You enter into an agreement with 3rd Party Credit Provider (the “Lender”) who makes payment to us under clause 3.1 you acknowledge that the termination provisions at clauses 8.1 – 8.2 are applicable;
8.4 If you cancel within the Cancellation Period and have not consented to the immediate provision of the digital content under clause 8.2 a refund will be made to the Lender. The Lender will be responsible for reimbursing you; and
8.5 If you cancel outside of the Cancellation Period or consented to the immediate provision of digital content under clause 8.2 then you acknowledge you will not be entitled to a refund and you will need to repay any outstanding balance on your loan contact to the Lender under the terms of their Agreement with the Lender.
8.6 Cancellation or termination of this Agreement shall be without prejudice to any rights which have accrued prior to such date. The rights and obligations contained in clauses 1, 4, 5, 6, 7, 9 and 10 shall survive any termination or cancellation.

9. Miscellaneous

9.1 This Agreement is 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 this Agreement without the prior written consent of SC (such consent not to be unreasonably withheld or delayed). We may transfer this agreement to anyone at any time.
9.2 A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Agreement.
9.3 This Agreement shall be governed by English law. The parties irrevocably agree that the courts of England shall have the exclusive jurisdiction to settle any dispute or claim arising under or in connection with this Agreement.
9.4 Capital Index Risk Warning: Our service includes 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
10. Data Protection
10.1 We are committed to ensuring we treat personal data 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 this agreement Subscriber agrees to provide us with such information as we reasonably request from time to time to assist us with provision of the products and services under the Agreement.10.2 If you are a subscriber to SmartCharts Software your personal data may be
transferred or disclosed to any online order execution services whom you may utilize
in connection with the software services or to third parties for the processing of that
personal information based on our instructions and in compliance with appropriate
confidentiality and security measures as further set out in our Privacy Notice:
https://www.smartcharts.net/privacy.

SCHEDULE 1: MODEL CANCELLATION REQUEST FORM

TO: SMART CHARTS PTY LTD, LEVEL 12/141 WALKER STREET, NORTH SYDNEY, NSW 2060, AUSTRALIA
TELEPHONE NUMBER: 0203 7442111
EMAIL: vip@smartchartsfx.com
I/We [] hereby give notice that I/We [] cancel my/our [] contract of sale of the following goods []/ for the supply of the following service [],
Ordered on [] received on [],
Name of consumer(s),Address of consumer(s),Signature of consumer(s) (only if this form is notified on paper),Date:[] Delete as appropriate”