The Small Print
Making the lawyers happy.
Effective Date: April 11, 2016
1. Site Visitors. The Site is only available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to allow access to or use of the Site to any user. This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
You agree to comply with all laws regarding online conduct. In addition, you must abide by Company’s policies as stated in this Agreement and other policy documents listed on the Site, as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Company, each of which is incorporated herein by reference and each of which may be updated by Company from time to time without notice to you.
All additional Site terms, conditions, agreements, policies and rules are provided below (2.1, 2.2, 2.3 and 2.4).
2.1. Disclaimer (https://www.sixfigurecapital.com/disclaimer) applies to all users of the Site.
2.3. Affiliate Agreement (https://www.sixfigurecapital.com/affiliate-agreement) applies to all affiliates of Company.
2.4. 12 Month Contract (https://www.sixfigurecapital.com/12-month-contract) applies to all registered members who selected the “12 Month Contract” membership option.
Several features on the Site require registration and creation of a member account. You must keep account information up-to-date and accurate at all times, including a valid email address. You may not transfer or sell your account or user ID to any other party. You must treat your account information as confidential and personal to you. Keep your password secure. Do not provide your username or password information to any other party. You agree that you are fully responsible for any and all activity, liability, and damage resulting from your failure to maintain password confidentiality. You also agree that Company cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree to notify Company immediately in the event of any unauthorised use of your password or any breach of security.
2. Idea Submissions. Company considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users (“Material”) to be non-confidential and non-proprietary, and Company shall not be liable for the disclosure or use of such Material. Any communication by you to Company is subject to this Agreement. You hereby grant and agree to grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable right and license to incorporate, use, publish, and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Certain products or services may be available exclusively online through the website. We have made every effort to display as accurately as possible the service which we offer.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions and pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
4.1. Slack Community. Registering for a “Lifetime Membership” (“LM”) or “12 Month Contract” (“Contract”) memberships grants you access to the Company Slack workspace.
Access to this workspace may be terminated at any point if deemed that any rules or guidelines have been broken. A complete breakdown of our Slack rules and guidelines can be accessed by logging into your account and visiting the “Community Rules and Guidelines” page (https://community.sixfigurecapital.com/rules-and-guidelines).
5. Third-Party Tools. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
6. Terms of Sale. Use of the products and services offered on the Site requires payment upfront. Unless otherwise stated, all prices and fees are quoted in Great Britain Pounds (GBP). If you elect to register for our products and services, you shall pay all applicable fees, as described on the Site. All fees are exclusive of state and local sales or use taxes and any duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes. You agree to pay any such taxes that might be applicable to your use of the services and payments made to the Company. Company reserves the right to change its prices at any time, and any such changes or modifications shall be posted on the Site and effective immediately without need for further notice to any user. Any such changes or modifications in prices and fees shall be effective when the relevant products or services in question come up for renewal.
You authorise Company, directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information you provide. All fees relating to the usage of the services are charged automatically using the payment method specified by you on file with Company for your user account. Your subscription will automatically renew at the end of the subscription period for the duration of your selected contract. You may not cancel your subscription, but failure to make payment will result in all services being temporarily unavailable until payment has been collected. You acknowledge and understand that Company will continue to charge you until your specified contract is paid, regardless of whether the services are used or not. Company will not refund any subscription fees already paid to us.
We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. You shall not have any claims against Company in relation to the discontinuation of the services.
6.1. Live Trading. As a part of our service we provide weekly trading webinars for users with an active Company membership. We strive to provide the best trading opportunities for our students but you must accept these opportunities are subject to market conditions, therefore, this service will be unavailable at times without any prior notice.
Company reserves the right to modify or terminate the Site services for any reason, without notice, at any time.
All prices and fees are non-refundable unless otherwise expressly noted, even if the services are suspended or terminated prior to the end of a payment term. If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligations hereunder and will result in legal action being taken against you.
7. Accuracy of Billing Information. Company requires you to provide one or more Payment Methods in order to access products and services. Members with an active Contract membership can update their payment information by going to the “My Account” page, scroll to the “Subscriptions” section and then selecting “Update”.
We may also update your payment information using the information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable payment method in alignment with your selected membership pricing. You authorise us to charge any payment method associated with your account in case your primary payment method is declined or no longer available to us for payment of your membership fee.
You remain responsible for any uncollected amounts. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we will suspend your access to the service until we have successfully charged a valid payment method. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method.
7.1. Refusal of Service. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at Site. You agree to promptly update your account and other information, including your email address and credit/debit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
8. Refunds and Cancellation Policy. Company memberships LM and Contract are non-refundable and cannot be cancelled until paid in full. The LM and Contract will begin immediately after successful registration, you consent to Company providing you with your membership products and services as soon as your initial payment has been processed.
Given the nature of these digital products and services, we strictly do not allow/issue any refunds or cancellations on LM (https://www.sixfigurecapital.com/membership/lifetime-membership) and Contract (https://www.sixfigurecapital.com/membership/12-month-contract) purchases.
8.1. Chargeback Fraud. Chargeback fraud is a process where the consumer attempts to secure a refund through their bank by fraudulently using the chargeback process. If you illegitimately dispute a genuine transaction by Company legal action will be taken against you and you will be liable for all relevant legal fees.
By purchasing a membership from Company at Site, you fully accept that payments are non-refundable and we do not provide refunds or credits for any partial membership periods or un-watched Company content.
9. 12 Month Contract. Contract membership is a finance plan provided by Company, which spreads the cost of your membership over 12 months to make our products and services more accessible. The full contractual agreement can be viewed at https://www.sixfigurecapital.com/12-month-contract (this page requires acceptance upon registration).
The Contract agreement is legally binding once you complete registration at (https://www.sixfigurecapital.com/membership/12-month-contract) (the “Checkout”) and we receive your first month’s payment of £97. You accept full liability to meet scheduled payments on time, failure to consistently make monthly payments will result in Company forcefully taking additional measures to secure payment.
9.1. Immediate Access. All of Company’s products and services listed under the Contract membership are provided immediately to the registrant following the first successful payment of £97. We do not drip-feed content (refer to section 9.1.1) over a period of 12 months as you might expect. Company places a lot of trust in Contract members to meet scheduled payments on time and pay Contract in full without any legal issues.
9.1.1. Drip-feeding. Drip-feeding is a process in which a business time-releases content to a member so that not all products and services are available immediately after they sign up.
As the products and services provided by Company can be copied, downloaded and saved without permission, we do not allow/issue Contract membership refunds, suspensions, withdrawals or cancellations. You will be permitted to continue the use of your membership until the payment course has been completed, we strictly do not allow Contract cancellations until your membership is paid in full.
10. Resolution of Disputes and Release. In the event a dispute arises between you and Company, please contact Company. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the Court of Session, Scotland or nationwide courts located in the United Kingdom. You hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Company agree that any cause of action arising out of or related to the Site or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release Company (and Company’s officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Company encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
11. Intellectual Property. Unless otherwise noted, all of the text, information, data, graphics, photographs, images, illustrations, animations, software, audio, video, and all other content on the Site (collectively, the “Content”) is subject to the copyright and other intellectual property rights of Company. All Content on the Site is the sole property of Company. Company reserves all rights not expressly granted in and to the Site and the Content. Subscribers on the Site are granted a limited, non-exclusive, revocable license to use the software provided on the Site for the sole purpose of education. This limited license shall remain in effect until your subscription is terminated as provided in this Agreement. You agree not to engage in any use of the Content other than as expressly permitted by Company. The educational courses and other Company Content may not be copied, distributed, modified, or reproduced in any medium or for any purpose without express written permission from Company. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or any of the Content therein.
12. Trademarks. Company and other trademarks, trade names, graphics, logos, domain names, designs, page headers, button icons, service names, and any other features of the Company brand (collectively, the “Trademarks”) are the sole property of Company. This Agreement does not grant you any license or right to use the Trademarks for any purpose, whether for commercial or non-commercial use.
Legally registered trademarks for the name and logo are handled by the Intellectual Property Office, which has been provided below for reference (12.1 and 12.2).
Any use of the Trademarks without written permission from Company will result in legal action being taken against you.
14. Access and Interference. Company does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Company’s control. You agree that you will not: (i) Take any action that imposes, or may impose, in Company’s sole discretion, an unreasonable or disproportionately large load on Company’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute, or publicly display any user Content (except for your Content) without the prior express written permission of Company and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass Company’s robot exclusion headers or other measures Company may use to prevent or restrict access to Company.
15. Breach of Agreement. Without limiting any other remedies, Company may, without notice, and without refunding any fees, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if Company suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement or other policy documents or guidelines listed on the Site; Company is unable to verify or authenticate any of your personal information or Content; or Company believes that a user is acting inconsistently with the letter or spirit of Company’s policies, has engaged in improper or fraudulent activity in connection with Company or the actions may cause legal liability or financial loss to Company’s users or to Company.
16. Disclaimer of Warranties. Company makes no representations or warranties as to your use of the Site and the services and assumes no liability or responsibility for the accuracy, or any error or omission, in the Content. We do not represent or warrant that use of the Service by you will not infringe the rights of third parties. Third parties may provide some of the content available on the Site. Company does not guarantee the accuracy, integrity, or quality of the content provided by third parties. Neither we, nor any of our affiliates, or any of our employees, agents, content providers or licensors, make any representation or warranty of any kind regarding the Site or the Site content whatsoever.
You acknowledge that you are using the site at your own risk. Company, its officers, directors, employees, affiliates, and suppliers provide the Site and company’s services “as is” and without any warranty or condition, express, implied or statutory. Company and its officers, directors, employees, affiliates, and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. No advice or information (oral or written) obtained by you from Company shall create any warranty. Some countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from country to country.
17. Limitation of Liability. In no event shall Company, and (as applicable) Company’s officers, directors, employees, affiliates, or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, Company’s services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
18. Indemnification. You agree to indemnify and hold Company, and (as applicable) Company’s officers, directors, affiliates, agents, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or other Company policy documents, or your violation of any law or the rights of a third party.
19. Severability. If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
20. Termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
21. Survival. Any and all provisions in this Agreement relating to fees, service, content, licensing, information control, dispute resolution, Company’s intellectual property, data access and site interference, breach of the Agreement, privacy, warranty, limitation of liability, severability, the relationship(s) between and among Company, Site users, and third parties, and choice of law, survive any termination or expiration of this Agreement.
23. Governing Law. This Agreement shall in all respects be interpreted and construed with and by the laws of Scotland, excluding its conflicts of laws rules, and the United Kingdom.
25. Company Information. Six Figure Capital Limited (Company Number SC532333) is a limited company registered in Scotland, United Kingdom.
Six Figure Capital Limited
91 4/1 Mitchell Street
Glasgow, G1 3LN