1. About our terms:
1.1. These Terms and Conditions (the “Terms and Conditions”) serve as a legally binding agreement between Chart Champions FZCO, a company registered as a Free Zone company with the Dubai Silicon Oasis authorities, with registration number DSO-FZCO-24617, Tax ID: 104098248800003, with an address Unit 001 IFZA Dubai - Building A1 Dubai - Silicon Oasis - Dubai - United Arab Emirates and its related companies and affiliates (“we”, “us” or “our”), and its clients and customers (“you” or “your”), collectively referred to as “Parties” and individually as “Party”, to govern your subscription packages as well as your licensing of digital content from us through our website https://chartchampions.com/ (the “Website”).
1.2. If you subscribe to or license any of our Services from us, you agree to be legally bound by these Terms and Conditions as well as the Website's Terms of Use on the other document which can be found Terms of Use, and Privacy Policy found at Privacy Policy
1.3. These Terms and Conditions are only available in English. No other languages will apply.
1.4. When you subscribe to our Services, you agree to be bound by these Terms and Conditions.
1.5. Risk Disclaimer: Our services are for educational purposes only. We do not provide financial advice. Any decisions you make are your own and at your sole risk. You expressly waive all claims against us for any losses.
1.6. If you have any questions about the Website or the Terms and Conditions, please contact us by sending an email to: CustomerService@chartchampions.com.
2. Changes to the Terms and Conditions
2.1. We reserve the right to update and change these Terms and Conditions from time to time. We will post the updated Terms and Conditions on the Website. Your continued Use of the Website after any such changes constitutes your acceptance of the new Terms and Conditions.
2.2. It is your responsibility to check these Terms and Conditions from time to time to verify such variations.
3. Legally binding contract
3.1. When You first sign up to our Website and have selected your Subscription Package, you must register an Account with us and follow the buying process indicated.
3.2. Please check your Subscription Package carefully before submitting it. Before you place your order for your Subscription Package, you must check that the hardware and software requirements of your computer or device mean that you can download the Digital Content.
3.3. Once you have completed the buying process set out above at Clause 3.1 and 3.2 and at the end of the online checkout process, Payment is simultaneously debited from you. You will then receive an email from us which confirms your Subscription Package and a legally binding Contract between you and us is made.
3.4. By creating an Account, purchasing a Subscription Package, checking any acceptance boxes, clicking “I Agree”, or continuing to use Our Services, You acknowledge and agree to be legally bound by this Contract. Your electronic actions constitute Your consent to enter into this agreement and shall have the same legal force and effect as a physical signature.
3.5. Once you have registered an Account and made the Payment, you will be able to access our Digital Content.
3.6. If you are under the age of 18 you shall not license any Digital Content from our Website. You may be required to provide proof of identity or other necessary verification documents as reasonably requested by us. Also, By subscribing, you confirm that you are at least 18 years old and legally capable of entering into binding contracts.
3.7. Our Services and Digital Content are provided for the benefit of Users who are 18 years old or older. If you are not over the age of 18 or do not agree to be bound by these Terms and Conditions, you shall not use the Website or subscribe to our Services and Digital Content and we will have the right to restrict or prevent your access to thereto.
3.8. We may contact you to reject an order you made. Order rejection is typically due to but is not limited to the following:
3.8.1 the Digital Content is unavailable; or
3.8.2 we cannot authorise your Payment; or
3.8.3 you are not allowed to buy the Services from us;
3.8.4 we are not allowed to sell the Services to you; or
3.8.5. there has been a mistake on the pricing or description of the Services.
4. Cancellation and termination
4.1. If you buy a Subscription Package, you will be asked to tick a box to confirm that you consent for the download of the Digital Content to start immediately after you place your order and that you acknowledge that this means you lose your right to cancel. This means that you do not have the right to cancel this Contract once the automatic download of the Digital Content starts and are not entitled to a refund unless the Digital Content is faulty.
4.2. To exercise the right to cancel, you shall notify us of your decision to cancel this Contract by email using the contact details provided under Clause 1.6 above. You may use the model cancellation form available on our Website, but it is not obligatory. We will email you in acknowledgement of receipt of your cancellation request without delay.
4.3. We may suspend or terminate Your Account immediately and without refund if We reasonably believe You have violated any part of this Contract, including any misuse, unauthorised access, or abuse of the Services.
4.4. If Your access is terminated due to breach of this Contract, You will not be entitled to any refund, including partial refunds for any unused Subscription Period.
4.5. To meet the cancellation deadline, which is specified in Clause 9.1, you must send Your email communication exercising your right to cancel before the cancellation period has expired.
4.6. The above does not affect the rights you have if your Services are faulty. A summary of these rights is provided in Clause 9 below.
4.7. Your Subscription Package will automatically renew at the end of each Subscription Period unless you cancel prior to the next Payment Date. By subscribing, you authorise us to charge your stored payment method for the Monthly Fee on a recurring basis.
4.8. We may terminate this Contract at any time by giving notice in writing to You if:
4.8.1. you have failed to pay any amount due under this Contract on the Payment Date and such amount remains unpaid within 30 days having been notified that the Payment is overdue;
4.8.2. you breach our Website's Terms and Conditions or the Terms of Use found Terms of Use.
5. Upgrading your Subscription Package
5.1. You can upgrade or downgrade your Subscription Package from the billing settings of your Account. For detailed instructions, please contact us by sending an email at: CustomerService@chartchampions.com.
5.2. If You choose to upgrade your Subscription Package, your use of the additional Digital Content resulting from upgrading your Subscription Package will be determined by this Contract and such use will not affect any term of this Contract.
6. Acknowledgment
6.1. You acknowledge and agree that:
6.1. All opinions or guidance provided during the Services by us are generic and for educational purposes only;
6.2. We do not give financial advice and/or recommendations on the merits of (or with the intention to procure or encourage your investment in or underwriting of) any given financial product or investment; and
6.3. Any investment (whether buying or selling) and underwriting decisions you may make are made by you at your sole and absolute discretion and entirely at your own risk. If you need financial advice before you make any investment, we strongly recommend that you seek that from an appropriately qualified and regulated financial advisor. We do not provide such advice.
6.4. Our Services are provided as an educational resource to help you make your own decisions regarding the products you invest in and investments you make. We are not an investment advisory company and do not advocate the purchase or sale of any specific cryptocurrency, stock, product, or investment. By engaging in any investment (whether buying or selling) and underwriting decisions, you acknowledge the aforementioned statement and expressly waive any and all claims against us and our affiliates, officers, directors, employees, agents, and representatives, and agree that such decisions are made solely at your own discretion and risk. You agree to hold harmless and indemnify us from any and all liability, loss, or damages arising from or in connection with your investment decisions.
6.5. Nothing in the Services constitutes financial, legal, investment, or tax advice. Any trading or investment decisions are made solely at your discretion and risk. You are encouraged to consult a licensed financial advisor before making any investment decisions.
7. Permission to use the Digital Content and Intellectual property ownership
7.1. When you subscribe for a Subscription Package and access or use the Digital Content (see Clauses 3.2, 3.4 and 11), you will not own the Digital Content. Any Intellectual Property Rights subsisting in the Digital Content, including any text, graphics, audio, video or image files, content, software, applications, and information displayed on or available from this site, and all copyright, trademark rights, design rights and other intellectual property rights in them remains solely with us and/or our licensors. What you are paying for is the permission to use it (also known as a 'licence') and only for the purpose of you using and enjoying it in accordance with these Terms and Conditions.
7.2. Use of the Website and Digital Content
7.2.1. by using the Website you're agreeing that the Digital Content is available for personal use only and that you will not copy, reproduce, publish, distribute, or dispose of in any way;
7.2.2. the permission to use Digital Content extends to wherever You want in the world but only if you comply with local laws;
7.2.3. the permission to use is non-exclusive to you. We may supply the same or similar Digital Content to other Users; and
7.2.4. the permission to use is not limited for use on a certain number of computers or devices;
7.3. Prohibited use of the Digital Content
The Digital Content shall not:
7.3.1. be changed (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
7.3.2. combined or merged with, or used in, any other database or computer program;
7.3.3. distributed, licenced, or sold by you to any third party; or
7.3.4. used to promote any businesses you may have or any third-party business.
7.4. The scope of the use of Digital Content shall be limited to the Permitted Purpose only.
7.5. These Terms and Conditions grant you limited licence to use the Website and Digital Content for your personal, non-commercial use only. You shall not licence, sell, rent, lease, transfer, assign, host, copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, post, frame-in or transmit any of the Digital Content on our Website, except as follows:
7.5.1. your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
7.5.2. you may store files that are automatically cached by your Web browser for display enhancement purposes;
7.5.3 you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution;
7.5.4. if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
7.6. You shall not modify copies of any Digital Content; use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
7.7. Nothing in these Terms and Conditions shall be construed as conferring any legal rights in the Digital Content other than as necessary for you to access it, whether by estoppel, implication, or otherwise. You agree not to adjust, try to circumvent, or delete any notices contained on the Website or the Digital Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Digital Content.
7.8. You shall not use any meta-tags or other “hidden text” using our name or trademarks. You also agree not to register or use any domain names, social media handles, or advertising keywords that incorporate or closely resemble our trademarks or brand without our prior written permission.
7.9. In no event shall we or our affiliates, officers, directors, employees, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in any way related to the misuse of our Website, Digital Content or any of our Services, by scammers. This includes, but is not limited to, damages for loss of profits, revenue, data, or other intangible losses, even if we have been advised of the possibility of such damage.
7.10. We do not accept any responsibility or liability for losses resulting from interactions with individuals or platforms falsely claiming to represent Chart Champions. Always verify communication through our official website or email domain.
8. Download
8.1. Once you have signed up to a Subscription Package, and your Account has been created, you will be provided with access to the Digital Content. At this stage, you can receive the Digital Content in a compatible or downloadable format.
8.2. If something happens which is outside of our reasonable control; and affects your ability to download the Digital Content, we will let you have a revised time for when you can expect to be able to download the Digital Content. If your computer or device blocks the automatic download of the Digital Content or the automatic download does not start, you may still have the right to cancel the Contract.
8.3. If you do not receive access to the Digital Content within 24 hours of purchase, please contact us atCustomerService@chartchampions.com. We are not liable for delays caused by incorrect contact details or platform errors beyond our control.
8.4. By downloading the Digital Content or any of our Services, you expressly waive any and all claims against us and our affiliates, officers, directors, employees, agents, and representatives, arising from or in connection with any virus, malware, or other harmful elements contained within the downloaded video files. You acknowledge and agree that downloading digital content carries inherent risks, including but not limited to the risk of encountering viruses or malware that may damage your computer, devices, or data. You further agree to undertake appropriate measures to safeguard your devices, including the use of reputable antivirus software, and to indemnify us and hold us harmless from any and all liability, loss, or damages resulting from such viruses or malware. We disclaim any responsibility for the integrity or security of the Digital Content and any of our Services and strongly encourage you to exercise caution and utilize appropriate security measures when accessing or downloading the Digital Content or any of our Services from our Website.
9. Consumer Rights and Service Quality
9.1. We are committed to delivering our Services and Digital Content in accordance with the highest standards and applicable laws in the United Arab Emirates.
9.2. If you believe that the Services or Digital Content are defective, not delivered with reasonable care and skill, or do not match their description, you may be entitled to request:
A remedy such as repair, re-performance, or a replacement (where applicable); or
A partial or full refund, where appropriate and in accordance with UAE consumer protection regulations
9.3. You acknowledge that once the Digital Content is made available for download or streaming and you have actively accessed it, you will lose any statutory right to cancel the Contract or receive a refund unless the Digital Content is proven to be defective.
9.4. If you have not accessed any Digital Content and wish to cancel your Contract, you may do so within 14 days of purchase by contacting us in writing. In such cases, we will refund any amounts paid by you using the original method of payment.
9.5. If a fault in the Digital Content causes damage to your device or other digital content, and we have failed to use reasonable care and skill, you may be entitled to compensation in accordance with UAE law.
9.6. To raise any concerns about faulty Services or to request a refund, please contact us promptly at: CustomerService@chartchampions.com.
10. Your responsibility
You shall promptly perform all of your following responsibilities:
10.1. Act in good faith when subscribing to any of our Services and Digital Content and when using our Website;
10.2. Notify us within 24 hours of any Service failure, degradation and/or other concern with the Digital Content (including abuse or threatened abuse);
10.3. Maintain the security of your Account login credentials and notify us immediately upon knowing of any unauthorised use of your Account;
10.4. Use is limited to a maximum of two (2) concurrent logins per Account. These logins may be on different devices (e.g., one desktop and one mobile), but exceeding this limit may result in automatic logout, temporary suspension, or termination of the Account. Chart Champions FZCO reserves the right to monitor concurrent usage and take appropriate action if suspicious or excessive login activity is detected.
10.5. You agree not to share your login credentials or allow any third party to access your Account. Breach of this clause may result in immediate suspension or termination of your Account without refund.
10.6. Do not attempt to circumvent Our login restrictions or user limits by using VPNs, proxies, or other obfuscation methods. We reserve the right to track IP addresses and device identifiers to ensure compliance.
10.7. Not use the Digital Content or any of our Services or Website for any commercial or professional use or any use outside the allowed use by this Contract;
10.8. Comply with all Applicable Laws relating to this Contract; and
10.9. Ensure that you do not allow any third party to use the Digital Content provided under this Contract using your User details.
10.10 Ensure that you provide an accurate, complete, and up-to-date information when creating an Account or using subscribing to any of our Services and Digital Content.
11. Payment
We accept the following payment methods:
11.1.1. Paypal;
11.1.2. Stripe;
11.1.3. Bitcoin; and
11.1.4. USDT
11.2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the Digital Content is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this Contract or our Privacy Policy (see Clause 2) or breach by us of our duties under Applicable Laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorized access to any information that you give us.
11.3. Your credit card or debit card will be charged in accordance with Clause 3.3.
11.4. All Payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via your relevant card issuer.
11.5. In no event shall we, or our affiliates, officers, directors, employees, agents, or licensors be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in any way related to the use of your credit card for subscribing to our Digital Content or any of our Services. This includes, but is not limited to, damages for loss of profits, revenue, data, or other intangible losses, even if we have been advised of the possibility of such damages.
11.6. The price of the Digital Content is in (£)(GBP), excludes VAT at the applicable rate, the price of which will be clearly indicated to you when added to your cart.
11.7. If you require further information regarding your chosen Subscription Package, all Monthly Fees (and any other applicable fees) will be stated on our Website.
11.8. We will invoice you in advance of the provision of the Digital Content on a monthly basis.
11.9. You must raise any invoicing queries by contacting CustomerService@chartchampions.com within five (5) working days of receipt of the invoice for your query to be acknowledged.
11.10. You must pay all sums properly due and payable to us on the relevant invoice on or before the relevant Payment Date. If you fail to make any Payment in full when it becomes due then, without prejudice to any other right or remedy available to us, we shall be entitled to cancel the Contract. In addition, we may start to charge Interest on any and all overdue sums until you have paid all outstanding sums in full, with any charged interest.
11.11 Unless stated otherwise all fees, charges, and other Payment to be made by you under this Contract are exclusive of VAT and all other relevant taxes, for which you shall be responsible.
12. Nature and quality of the Digital Content
12.1. We shall provide you with Digital Content that complies with your statutory rights.
12.2. By purchasing a Subscription Package and agreeing to immediate access to the Digital Content, you expressly consent to the immediate performance of the contract and acknowledge that you will lose your right to cancel within 14 days under applicable consumer law.
12.3. While We aim to provide continuous access to Digital Content, You acknowledge that access may occasionally be interrupted due to planned maintenance, updates, or unexpected outages. We will use reasonable efforts to notify Users of known or planned interruptions.
12.4. When we supply the Digital Content:
12.5. We will use reasonable care and skill to ensure that the Digital Content is as accurate as reasonably possible and that it is free from defects, viruses and other malicious content;
12.5.1. we do not promise that it is compatible with any third-party software or equipment;
12.5.2. we comply with all Applicable laws, standards, and industry practice;
12.5.3. you acknowledge that there may be minor errors or bugs in it; and
12.5.4. you accept that the Digital Content are provided on an “as is” basis at the time the Digital Content are first licenced from Us to You.
13. Faulty Services
13.1. Please contact Us at immediately at: CustomerService@chartchampions.com if you are experiencing problems with the Digital Content or are unhappy with our Services.
13.2. We prioritize all Support Requests based on a reasonable assessment of the severity level of the Support Request reported.
13.3. We shall acknowledge receipt of your Support Request promptly and shall resolve your Support Request within 24 hours from our acknowledgement of receipt;
13.4. If we cannot manage to resolve your Support Request within 24 hours and you have not been able to access the Digital Content, you will be entitled to:
13.4.1. extend the Term in subsequent 24 hours period of equal proportion to the periods of Downtime; and
13.4.2. a pro-rata deduction in the Monthly Fee based on each 24 hour period of equal proportion to the periods of Downtime, in the Monthly Fee.
14. Term
14.1. This Contract commences on the Effective Date and the Subscription Period shall continue on a rolling basis unless terminated by either Party in accordance with Clause 4 or Clause 16.
14.2. If you have not accessed any Digital Content and wish to cancel your Contract, you may do so within 14 days of purchase by contacting us in writing. In such cases, we will refund any amounts paid by you using the original method of payment.
14.3. If a fault in the Digital Content causes damage to your device or other digital content, and we have failed to use reasonable care and skill, you may be entitled to compensation in accordance with UAE law.
14.4. To raise any concerns about faulty Services or to request a refund, please contact us promptly at: CustomerService@chartchampions.com.
15. Your privacy and personal information
15.1. Your privacy and personal data are important to us. We are committed to safeguarding the personal data that you entrust to us. When you interact with our Website and services, you may share personal information with us. We want to be clear about our practices and your rights regarding this information, all of which are detailed in our comprehensive Privacy Policy available athttps://chartchampions.com/privacy-policy, which explains what personal data we collect from you, how and why we collect, store, use and share such data, your rights in relation to your personal data and how to contact us and supervisory authorities in the event that you have a query or complaint about the use of your personal data.
15.2. We encourage you to review the Privacy Policy thoroughly to understand our practices and procedures. The policy is designed to be transparent and easy to understand so that you can make informed decisions about the use of our Website and Services.
15.3. By Using our Website and services, you acknowledge that you have read and understood our Privacy Policy and agree to the terms of how we collect, store, use, and share your personal data. If you do not agree with the terms of the policy, you should not use our Website and services.
16. Termination of the Contract and refund policy
16.1. You may cancel the Contract by providing written notice by email to us at: CustomerService@chartchampions.com at any time prior to the next Payment Date.
16.2. Upon cancellation, you must ensure that any outstanding amounts owed to us are paid in full within 7 days from Your notification to terminate this Contract.
16.3. In the event of termination of this Contract for any reason, you shall cease and desist from all further use of the Digital Content.
16.4. If this Contract is ended it will not affect our right to receive any money which You owe to us under this Contract.
17. Limitation on our liability
17.1. Our liability to you whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation shall be as set out in this Clause.
17.2. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under Applicable Laws relating to the protection of your personal information, you acknowledge and agree that we shall not be liable for any losses suffered by you arising out of or in connection with:
17.2.1. investment decisions you make;
17.2.2. Your reliance on any views, expressions, opinions, or advice shared by third parties with access to the Digital Content; and/or
17.2.3. any scams or fraudulent activity committed by third parties using our Website, who hold themselves out to be us and/or an authorized representative of ours;
17.2.4. any claims that you might have for loss or damage, arising out of or in connection with:
i. any views, expressions or opinions shared by a third party which are defamatory or likely to give rise to an allegation of defamation; and/or
ii. submissions or communications shared by a third party on our Website which are, racist, sexist, homophobic, obscene, sexually explicit, discriminatory, deceptive, or offensive in any manner whatsoever or otherwise in breach of our Website's Terms of Use;
iii. special, incidental, or consequential damages; and
iv. failure or delay due to matters beyond our reasonable control.
17.3. Subject to Clause 19.1 and 19.2 our liability arising under or in connection with this Contract shall not exceed the sums paid by you for the Services.
17.4. The limitations of liability set out in this Clause shall not apply in respect of any indemnities given by either Party under this Contract.
18. Indemnification
18.1. You agree to indemnify, defend, and hold harmless us, including our successors, assigns, parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, costs (including, but not limited to, reasonable attorneys' fees and court costs), and any violation of the rights of another party, including but not limited to intellectual property rights, privacy rights, or any other rights of users or third parties.
18.2. We reserve the right to take over the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
18.3. You are not required to indemnify us against any claims resulting from our own fraudulent conduct, wilful misconduct, or gross negligence, including any unconscionable commercial practice, fraud, deception, false promise, misrepresentation, or the concealment, suppression, or omission of any material fact in connection with the Website under these Terms and Conditions.
18.4. Your obligation to indemnify and hold us harmless shall survive the termination or expiration of your Account, the Terms and Conditions or your access to the Website.
19. Governing law and disputes
19.1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
19.2. These Terms and Conditions and any dispute or claim arising out of, or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United Arab Emirates as applied in the Emirate of Dubai without giving effect to any choice or conflict of law provision or rule. For consumers residing outside the United Arab Emirates, this choice of law does not affect any mandatory consumer protection rights under the laws of your country of residence.
19.3. Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of the United Arab Emirates. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
19.4. If you are unhappy with the Digital Content, our Service to you or any other matter, please contact us as soon as possible.
20. Miscellaneous terms
20.1. Force Majeure. We shall not in any circumstances be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure is due to causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
20.2. Waiver. No failure or delay by either Party to exercise any right or remedy under this Contract shall be construed as a waiver of that right or remedy nor shall any single or partial exercise of any right or remedy preclude the further exercise of that right or remedy. No waiver by either Party of any breach of this Contract shall be considered as a waiver of a preceding or subsequent breach.
20.3. Entire agreement and understanding. This Contract constitutes the entire agreement and understanding of the Parties, and any and all other previous agreements, arrangements and understandings (whether written or oral) between the Parties with regard to the specific subject matter of this Contract are hereby excluded. No amendment or modification of any provision of this Contract will be binding unless it is in writing and signed by authorized representatives of each of the Parties.
20.4. Assignment. You shall not, except as expressly provided in the Contract, assign, sub-contract, transfer, mortgage, charge, declare a trust of or deal in any other manner with any or all of Your rights and obligations under the Contract without Our prior written consent. We may assign, sub-contract or deal in any other manner with any or all of Our rights and obligations under the Contract without Your prior written consent.
20.5. Variation. We reserve the right at Our sole discretion to amend or replace any part of these Terms and Conditions. It is Your responsibility to check these Terms and Conditions periodically for changes. Your continued use of Your Account following any changes to these Terms and Conditions constitutes an acceptance of the terms as at the date of any changes. We may in the future offer new services, features, or tools available to You which will be subject to the terms of this Contract.
20.6. Severance. If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
20.7. Third Party rights. No one other than a Party to this Contract has any right to enforce any term of this Contract.
20.8. No set off. All amounts due under this Contract shall be paid in full, without any set-off, counterclaim, deduction or withholding (other than any required by law).
20.9. Notices. All notices served under this Contract shall be in writing to the Parties respective last registered addresses. Any notice or communication shall be deemed to have been received at 9.00am on the next Business Day after transmission if sent by email. This Clause does not apply to the service of any proceedings or any documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
20.10. Counterparts. This Contract may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one Contract. No counterpart shall be effective until each Party has executed at least one counterpart.
20.11. Jurisdiction. Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions shall be instituted exclusively in the courts of the United Arab Emirates. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
21. Definitions
In this Contract the following words and phrases shall have the meaning ascribed to it as follows:
“Account” | “Account” means an online account which is formed when you register with Us on Our Website and when you have signed up to a Subscription Package; |
“Applicable Law” means: | (a) any law, statute, regulation, byelaw or subordinate legislation in force from time to time to which a Party is subject and/or in any jurisdiction that the Services are provided to or in respect of; (b) the common law and laws of equity as applicable to the Parties from time to time; (c) any binding court order, judgment or decree; (d) any applicable industry code, policy or standard; or any applicable direction, policy, rule or order that is binding on a Party and that is made or given by any regulatory body having jurisdiction over a Party or any of that Party'sassets, resources or business; |
“Business Day” | “Business Day” means any day from Monday to Sunday, excluding public holidays officially recognized in Dubai, United Arab Emirates; |
“Calendar Month” | Means a time period calculated from the any day of the month of Gregorian calendar to the same day of the next month, regardless of the number of days in that month of Gregorian calendar; |
”Coaching Session” | Means an online, private trading lesson requested by you and delivered by us to assist you with how you trade; |
“Confidential Information” | Means all confidential information (however recorded or preserved) disclosed by a Party to the other Party, concerning all information that would be regarded as confidential by a reasonable business person relating to the business, finances, transactions, trade secrets, customers, suppliers, intentions, processes, know-how, databases and software of the disclosing Party including any information or analysis derived from the Confidential Information but shall exclude, information: a) generally available to the public (other than as a result of breach of confidentiality obligations); b) available or which comes available to the receiving Party on a non-confidential basis before disclosure by the disclosing Party to the receiving Party; or c) independently developed without access to such Confidential Information; |
“Contract” | Means this agreement, comprised of these Terms and Conditions (including the Schedules) and any other documents referred to herein; |
“Deliverables” | Means Digital Content; |
“Digital Content” | Means the content provided by us to you in digital format on our website, Discord, and YouTube channel; |
“Downtime” | Means a period during which there is total loss of access to the Digital Content; |
“Effective Date” means the first date on which You pay for Our Services; | Means the first date on which you pay for our Services; |
“Force Majeure Event” | Means an event or sequence of events beyond a Party's reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under this Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster; war, riot or civil unrest, epidemic, pandemic, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required for performance of the Contract; strike, lockout or boycott or other industrial action except strikes or other industrial disputes involving Our workforce or Our suppliers' workforce; |
“Intellectual Property Rights” | Means copyright, patents, know-how, trade secrets, trademarks, trade names, design rights, rights in get-up, rights in goodwill, rights in Confidential Information, rights to sue for passing off, domain names and all similar rights and, in each case: a) whether registered or not, including any applications to protect or register such rights, b) including all renewals and extensions of such rights or applications, c) whether vested, contingent or future, d) to which the relevant Party is or may be entitled and e) in whichever part of the world existing; workforce; |
“Monthly Fee” | Means the fee payable each month by you to us for the provision of the Digital Content in whichever part of the world existing; workforce; |
“Payment” | Means any payment made by you to us (including the Monthly Fee) for Services provided by us in conjunction with your Subscription Package in accordance with theseTerms and Conditions; |
“Payment Date” | Means (in respect of any Payment amount) the day which is 30 days from date of the invoice; |
“Permitted Purpose” | Means the use of the Digital Content for the User's own personal, non-commercial, educational, and informational purposes only, in accordance with theseTerms and Conditions and theTerms of Use; |
“Privacy Policy” | Means the privacy policy available on ourWebsite; |
“Services” | Means the provision of Deliverables by us to you in accordance with the terms of this Contract; |
“Subscription Package” | Means the package selected online by you which determines the volume of Digital Content (which is licenced by us, to you) and the Monthly Fee payable by you; |
“Subscription Period” | Means the period of one month commencing on the Effective Date or any subsequent monthly anniversary thereof; |
“Support Request” | Requests submitted to us in accordance with Clause 11.1 of theTerms and Conditions; |
“Term” | Has the meaning given to it in Clause 14.1; |
“Use” or “Using” | Accessing, viewing, browsing, or using the features, functions, or services offered by the Website; |
“User” | Means an individual login to our website, or Discord, which provides an individual access to the Digital Content; |
“Upgrading” | Means the action of changing the Subscription Package associated with your Account to access a package with enhanced or additional features beyond the current subscription level. This may include but is not limited to: a) Access to additional services or features not available in the current subscription plan; b) Increased usage limits, such as weekly access trading plan, c) Access to coaching and trading assistant. |
“VAT” | Means Value Added Tax or any similar tax levied in addition to or by way of replacement for VAT; and |
“Website” | Means our website at https://chartchampions.com. |