When you have read, and understood the Application Form and these General Terms, you will communicate your acceptance of them to us, as described in the Application Form and sign this accordingly.
1.1 In this Agreement, the following terms have the following meanings: - “Application Form” means the application form appended to these General Terms
“Events” means “Training or Live Trading Sessions”
“Financing Option’’ shall mean the optional payment by way of an installment plan, which will be subject to a separate Finance Agreement with us and subject to separate terms
“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; “ITA” “we” or “us” means Intelligent Trading Academy
“ITA Associates” shall mean all of ITA, their agents, officers, employees, speakers and sponsors
“Materials” means any materials created or distributed by “ITA” in connection with the Events
“Recording” includes still images, video and audio recordings;
“Funded Trading Account” means the account Intelligent Trading Academy’s third party provider has set up on your behalf
“Broker” means ITA preferred broker
“Mentoring” means 1-2-1 coaching and mentoring sessions with an ITA Trader Coach
“ITA Mentoring” means booked sessions with an ITA Trader Coach
“ITA Programme” shall mean the optional programmes of Events and Mentoring available
“Trade Alerts” shall mean monthly trade updates and market news/reports from your Trader Analyst/Risk manager
“Trader Analyst/Risk manager” means your appointed ITA Trader Analyst/ Risk manager
“Social Events/Evenings” means social events held in and around London
“Start date” means the first day you are scheduled to attend and event or ITA programme as per the correspondence and/or completed form
“Student” or “You” means the person whose details are set out on the Application Form overleaf and the person who shall purchase the training courses
“Tuition Fees” means the fees for the Events as set out in the Application Form “Working day” means a day other than a Saturday, a Sunday or a Bank Holiday in England
“Payment Plan” means the agreed date and amount when payment will be taken.
2.1 Completion of the Application Form shall constitute a request and acceptance by you to receive one of the optional ITA Programmes available.
2.2 You agree to ensure that all the details provided by you, which includes personal contact information, are accurate to the best of your knowledge.
3.1 You have 6 months from the date of this Agreement to book and complete our Events and Mentoring contained in your chosen ITA Programme.
3.2 However, subject to clause 3.1, access to the ITA Programme will be restricted until full payment is received. Upon receipt of the full payment you will be granted full access to all relevant Events.
3.3 You will not be entitled to any refund on any paid Tuition Fees if you fail to book and/or complete Events and /or your Mentoring within the periods that they are available during the chosen ITA Programme.
3.4 If you are unable to attend your Event or your Mentoring at the time of booking, you agree to provide us with 48-hour notice in writing, whereupon we shall reschedule your Event or Mentoring. If you fail to provide notice within this period, any rescheduled Events or refunds will only be made to you, subject to our discretion.
3.5 A deposit is payable by you on the date of this Agreement. The remaining balance of the Tuition Fees is payable within 7 working days unless you choose to use the Financing Option for payment and we accept this. We accept various methods of payment either by credit or debit card, bank transfer or in cash.
Please note that by signing this Agreement you hereby authorise ITA to debit the deposit and balance of your Tuition Fees (if payable) from any credit or debit card details provided on the Application Form.
3.6 If you fail to pay your Tuition Fees at least 24 hours prior to your Start Date (and cannot provide a satisfactory reason for such failure) ITA reserves the right to refuse your entry.
3.7 Should you choose the Financing Option, you agree to enter into a separate agreement with us outside of this Agreement and agree that such Finance Agreement will not invalidate or supersede this agreement and should you no longer continue with the Financing Option, you will still be bound by the terms contained within this agreement.
3.8 If You fail to pay any amount payable under this agreement on the due date for payment then we may claim interest on any such sums due to us (both before and after judgement) at the rate of 3% per annum above the base rate from time to time of Natwest or, if lower, at the maximum rate permitted under the Late Payment of Commercial Debts (Interest) Act 1998 and Late Payment of Commercial Debts Regulations 2002.
4.1 Your Trader Analyst/Risk Manager at their sole discretion will approve any funds allocated for your Funded Trading Account. You must agree to the additional terms and conditions prior to the authorisation of your Funded Trading Account which will be separate to this Agreement.
4.2 In order to receive your Funded Trading Account you must meet the following criteria:
4.2.1 You must join Discord VIP Trading Group/Trade for 30 days/Complete successful audition.
4.2.2 You must trade within the set risk parameters and measurements set within funded account agreement with selected third party provider.
4.2.3 On Funded Account Programme – the student keeps 75% share of new net profit made. The other 25% is for the funded account provider.
4.3 ITA Company Funded Accounts can also be withdrawn if a client does not use the facility within 1 month. Expires after 6 months if not requested.
4.4 If rules are breached the funded account will be closed, further fees may apply to set up a new account.
5.1 We reserve the right to make reasonable alterations to the date, time and/ or venue of the Event where such alteration is necessary and beyond ITA’s reasonable control. ITA shall provide you with reasonable notice of any such alterations.
5.2 We reserve the right to amend the structure and content of the Event at its discretion without any liability to you, provided that any such amendments do not fundamentally alter the nature of the Event.
5.3 ITA reserves the right to exclude, at its discretion, any Student from any Event (or any part thereof) for any reason which ITA deems appropriate (acting reasonable). Refund and credit for the Tuition Fees in such circumstances will be reviewed on a case-by case basis and subject to our discretion.
5.4 ITA requires a minimum of 14 days’ notice in writing of any postponement to your Start Date. Any request made outside of this period will require ITA’s written permission and will incur an administration fee of 10% of the Tuition Fees.
6.1 Each Party may disclose to the other Party information in respect of its business, processes, operations, customers and suppliers, finances, products, technology and know-how together with other information that is not in the public domain or generally known by other persons including the existence and terms of this Agreement. For the purposes of this Agreement, all such information will be treated as “Confidential Information”.
6.2 Each Party agrees to hold in confidence all Confidential Information of the other Party and not to disclose, or cause it to be disclosed, to any person other than its personnel and professional advisors.
6.3 Each Party agrees not to make use of the Confidential Information of the other Party (including by duplicating or distributing it), except as is necessary for the performance, supply, use and enjoyment of the Services and for the administration of this Agreement.
6.4 Clauses 6.2 and 6.3 do not apply to: (i) information that becomes or is in the public domain (other than due to a breach of these terms); (ii) information that is already known to a Party (where that Party can reasonably prove and demonstrate it); (iii) information that must be disclosed due to legal, regulatory or governmental requirements, rules or orders; and (iv) information that the Parties have agreed in writing may be disclosed.
6.5 The Parties may use and retain the Confidential Information for their own internal business processes and purposes, which will include the retention of Confidential Information in electronic and computer records, files and devices.
6.6 The obligations of confidentiality set out in this Clause 6 will survive any termination of this Agreement for a period of three (3) years.
7.1 ITA shall have sole title and ownership of all intellectual Property Rights and products in the Materials and Recordings or otherwise created in the provision of any of its services.
7.2 At all times, you agree and acknowledge that all copyright, trade marks and all other intellectual property rights in the Materials and Recordings, our website, and the tuition shall at all times remain vested in us. You may only use this Material expressly with our consent and for your personal educational use.
You must not redistribute any Materials and Recordings without our express written consent.
7.3 We reserve the copyright of any in-house created Material. The use thereof by any Students outside of the tuition framework requires our written permission and must not be used for anything else other than in the course of the tuition.
8.1 Neither us nor ITA associates shall be in breach of this agreement nor liable to you for any delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure results from events, circumstance or causes beyond its reasonable control including but not limited to war, terror attack, civil war, industrial action or strike, failure of transport network, fire, explosion, flood, earthquake, nuclear, chemical or biological contamination, or compliance with any law or regulation) and in such circumstances ITA shall be entitled to reasonable extension of the time for performing such obligations, provided that if the period of delay or non-performance continues for 90 days or more, ITA shall, on written request, refund any applicable Tuition Fees.
8.2 Neither us nor ITA Associates shall 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 the provision of our services which was not reasonably foreseeable when this agreement was entered into, or which any event, was not caused by any breach by ITA.
8.3 To the extend not prohibited by law, the total liability of ITA Associates in contract, tort, misrepresentation or otherwise arising in connection with this agreement shall be limited to the Tuition Fees paid by you.
8.4 We provide tuition only for your personal and private use/purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
8.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the services.
8.5 The terms of this agreement do not affect your statutory rights.
9.1 ITA warrants to you that we have all of the rights in relation to the Services that are necessary to grant all of the rights we purport to grant under, and in accordance with, the terms of this agreement and to fully perform our obligations under this Agreement; and that the Services will be performed with and care and in compliance with all applicable laws.
9.2 This agreement constitutes the whole agreement between the parties and supersedes all previous agreements between the parties’ 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.
9.3 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 reflects new industry guidance and code of practice) unless agreed with ITA in writing, any such amendments will require your signature and the signature of a director of ITA. Any alterations requested by you will be subject to a 25% administration fee. You will incur this charge if alterations are made within seven days of signing this agreement.
9.4 You acknowledge that neither us nor ITA Associates are brokers or investment advisers and that we have not represented to you that a profit can be made from any investment activity whatsoever. Any investment examples cited by either us or ITA Associates, are for illustration purposes only and not recommendations. Any decision to invest in any finance or investment product is made solely by you, and we shall have no liability to you in respect of any such activities or the consequences thereof. You should consider seeking advice from a regulated financial advisor or stockbroker should you wish to make investments.
9.5 You acknowledge that by using the Services provided by us, that they may not be without interruption or free of errors, that any Services are provided on an 'as is' and 'as available' basis, and you agree that the existence of any minor errors shall not constitute a breach of this agreement.
10.1 During the Event, ITA or their nominees reserve the right to make Recordings for business purposes, and consequently, you may be included in those Recordings. Your acceptance of these General Terms constitutes your consent to enable us to undertake and use the Recordings for our own purposes. No payment will be made to you for the use of the Recordings and you agree to waive any moral rights herein.
10.2 You shall have no claim, right or interest in relation to the Recordings, which you accept ITA may use in whole or in part, in any medium, as part of its business, including, but not limited to use in the Materials.
10.3 Nothing herein will constitute any obligation on behalf of ITA to make any use of the Recordings.
10.4 You may not make any Recordings during the Event without ITA’s prior written permission.
11.1 We will use the personal information you provide to us:
11.1.1 to supply our services to you;
11.1.2 to process your payments; and
11.1.3 if you have agreed to this, to give you information about similar products or services that we provide, but you may stop receiving this at any time by contacting us.
11.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
11.3 We take full responsibility for ensuring that adequate security measures are in place to protect your information to ensure that we comply with the Data Protection Act 1998 & the General Data Protection Regulation (GDPR) that came into effect on 25th May 2018.
12.1 If you change your mind, you may cancel your order within 14 days from the point of time that sign this Agreement. If we have not commenced any Tuition with you, we will refund you the money. You can formally do so by writing to us or by email to Intelligent Trading Academy, Administration and Enrolment Department (“Cancellation Notice”).
12.2 If we have commenced the provision of Services with you during the 14 day period of cancellation, we will refund you the difference less the value of any fees that are due by you and by accepting these General Terms, you agree to this.
12.3 If you fail to attend the Event as scheduled without our prior written consent you will not be entitled to a refund of any part of the tuitions fees.
12.4 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 paragraphs 5,6,7,8 and 9 and 10 shall survive any cancellation or termination.
12.5 Subject to this clause 12, any refunds due will be processed at the end of each month.
13.1 We do hope that you will derive benefit and enjoyment from our Services, but if you have any questions or complaints, please contact us at firstname.lastname@example.org.
14.1 This agreement and any dispute or claim out of or in accordance with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and constructed in accordance with the laws of England and Wales.
14.2 If there is a dispute between the parties in respect of this agreement, in the first instance, the parties will attempt to manage and resolve the dispute through reasonable discussion with each party bearing its own costs. If the dispute is not managed or resolved within 30 days of its original notification, Clause 14.1 will apply.
14.3 Subject to Clause 14.2, the parties agree that the courts of England and Wales will have exclusive jurisdiction to settle any disputes, actions or claims under or in respect of this agreement.
14.4 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 ITA (such consent will not be unreasonably withheld or delayed).
14.5 No failure or delay by either party in exercising any of its rights under this agreement 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.
14.6 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.
14.7 We will endeavour to deal with any disputes by the way of discussions between us if you are not happy with the way in which the disputes are dealt with and decide to take court proceedings, you must do so in England.
15.1 Travel and accommodation for any Event is not included as part of this agreement.
16.1 This agreement shall be deemed to commence from the date of signing and, subject to earlier termination as set out in this agreement, shall continue for the period stated in the Application Form.
16.2 Without limiting its other rights or remedies, we may terminate this agreement with immediate effect by giving written notice to you if you commit a material breach of any term of the Agreement;
16.3 Without limiting our other rights or remedies, we may terminate the agreement with immediate effect by giving written notice to you if you fail to pay any amount due on the due date for payment and then within 14 days from any demand by us, including where you opt for the Financing Option.
16.4 Termination of this agreement for any reason will not affect any rights, duties or liabilities of either party accrued prior to the termination.