GENERAL TERMS AND CONDITIONS
Orders having been sent are binding. By sending an order you express your consent to these General Terms and Conditions.
The General Terms and Conditions of on-line educational courses provided by Algorithmic Trading Academy s.r.o. (limited-liability company) on www.algotradingacademy.com (hereinafter referred to as “Terms”).
By sending an order of an on-line educational course the User gives their consent to the Terms below and undertakes to adhere to the rules contained therein.
- General Provisions
1.1. The services of on-line educational courses on www.algotradingacademy.com are provided by Algorithmic Trading Academy s.r.o., limited-liability company , which is registered in the Business Register by the Regional Court in Ostrava, file number: C 74975 (hereinafter referred to as ”Provider”), Company ID No.: 07217749, VAT Reg. No.: CZ07217749 , who acts within his commercial or other business activities (hereinafter referred to as “Provider”). The prices specified are final, i.e. including VAT.
1.2. The Provider issues these terms and conditions of using algotradingacademy.com (hereinafter referred to as “Terms”) – in relation to buyers (hereinafter referred to as “Buyer”).
1.3. The Terms regulate all relationships between the Provider and the Buyer in association with using of his electronic system of algotradingacademy.com and its contents.
1.4. The Buyer is a consumer or an entrepreneur.
A consumer is everyone who enters into a contract with the Provider or deals with the Provider in a different manner beyond the framework of their business activities or the independent discharge of its occupation.
An entrepreneur is everyone who performs a profitable activity as a sole trader or in a different manner at their own account and responsibility with an intention to do so on a continuous basis in order to achieve profit. For the purposes of protection of consumers, an entrepreneur shall be considered everyone who enters into contracts related to their own commercial, production or similar activity or during independent discharge of their occupation, and everyone who acts on behalf of an entrepreneur. For the purposes of these Terms, an entrepreneur shall be understood everyone who acts in line with the previous sentence within their business activity. If the Buyer specifies their identification number in the order, it shall be aware that the rules for entrepreneurs specified herein apply to them provided some rules for entrepreneurs are defined separately herein.
- Definition of Terms Used Herein
2.1 The terms used in the text hereof shall have the following meaning:
Electronic System: The website www.algotradingacademy.com intended to be used (not only) by its registered Users.
Using of the Electronic system: Using of the contents and other functionalities of the Electronic System in the scope allowed by the technical aspects of the Electronic System.
User: Everyone who uses the Electronic System on the Internet, while it is not important whether or not the User is registered in the Electronic System, and at the same time, every Buyer is also considered a User within these Terms.
Account: An interface created on the basis of the User’s registration in the Electronic System, thanks to which the User can use the Provider’s services.
Civil Code: The Act No. 89/2012 Coll., Civil Code.
Profile: A set of personal data created after the registration by the User having entered their personal data voluntarily, which can be completed with records of the User’s activity within the Electronic System.
Services: All services currently offered to Users by the Provider within the respective Electronic System, especially the on-line educational courses.
Textbook: An educational manual that every Buyer receives from the Provider in an electronic form (in the Pdf. format).
ONLINE CLASS: An on-line educational course and kind of a paid Service provided by the Provider. The content of the respective Service is handed over to the Buyer ONLINE CLASS in two ways, which means: Firstly, the User receives from the Provider an ONLINE CLASS Record. Moreover, the Buyer is entitled to participate in an live webinar where the content of the given Service is provided to the Buyer through the Provider via a presentation that will be on-line broadcast on the Internet at a predetermined time.
Payment Gate / PayPal: A third party mediating payment between the User and the Provider. In case payment is done via the Payment Gate / PayPal, the funds are first credited in the bank account of the provider of the Payment Gate or in the Provider’s PayPal account and only then in the Provider’s bank account.
- Subject of the Service
3.1 The subject of the Service is the Buyer’s right to attend on-line educational courses organized by the Provider.
3.2 The subject of the Service is only provision of a ONLINE CLASS Record. The subject of this Service does not comprise an entitlement to additional consultation or participation in other courses organized by the Provider.
- Registration of User
4.1 Prior to or during the Using of the Electronic System, Users can register themselves using a registration form, which is available on www.algotradingacademy.com, by completing true and correct data on themselves. It is necessary to enter a correct e-mail address of the User, otherwise the registration in the Electronic System cannot be completed successfully. The User’s registration is free of charge. Every User who registers themselves will receive eBook in his e-mail address free of charge.
4.2 An Account is created upon the User’s registration and thus the User will be entitled to Using of the Electronic System after entering the access data.
4.3 An Account can also be created in the Electronic System as follows: At the moment that the price of the Service is credited in the Provider’s account or in the account of the Payment Gate or the Provider’s PayPal account. In the e-mail address specified in the order form the Buyer will receive the login name and password to the Electronic System account so that they can access the Service in the form of the ONLINE CLASS Record.
4.4 The User can cancel their Account in the Electronic System free of charge at any time by contacting the Electronic System support via the e-mail address available on www.algotradingacademy.com. If the Account is cancelled, the following will happen: (I) the Profile will be deleted from the Electronic System; and (ii) the User’s personal data will not be processed for the purpose of the Using of the Electronic System any longer.
4.5 The User shall not disclose their unique login password created during the registration to a third party. If the User loses their password, it can be renewed via the User’s request by sending a link to renew it to the User’s e-mail address.
4.6 The User shall be entitled to register only with their own name and enter in the Profile only their own data.
4.7 The Provider can make it possible to access the Electronic System, partly or completely, only after the User provides some personal data within the meaning of the Act No. 101/2000 Coll., on personal data protection. The Provider undertakes to handle those data in compliance with applicable legal regulations and use them only in the scope necessary for the fulfilment of the purpose for which those data are received always so that he prevents any harm to the entity of those data. In addition, the Provider shall use those data for his own needs, especially to perform analyses and evaluate potential risks, monitor the quality of the Services and Customers’ satisfaction. The User agrees with the Provider’s procedure specified above. The Provider secures personal data according to modern standards that ensure the maximum potential protection of processing of data against unauthorized access or transfer, loss or destruction or potential misuse. All information concerning Buyers are protected as business secret.
- Procedure of Using of the Electronic System
5.1 Users are allowed to use some Services only after their successful registration. Such Services are provided from the day of the User’s registration in the Electronic System for the whole period of the Account existence.
5.2. Services which are marked in the Electronic System as free of charge are provided to Users free of charge. As regards paid Services, they are only provided after payment of the price specified within the current offer of the Electronic System.
5.3. In case of paid Services the User shall order the Service by paying the price of the Service as follows: (i) by cashless transfer in the Provider’s bank account; (ii) by cashless transfer in the account of the Payment Gate using any of the payment methods allowed by the Electronic System at the moment of paying the price of the Service; or (iii) in the PayPal account
The contract on the basis of which the User will receive an access to the content of the Service for their own needs is concluded at the moment that the amount equalling the price of the Service is credited in the Provider’s bank account or the account of the Payment Gate or the Provider’s PayPal account. If there is a charge imposed on any of the payment methods, the User will be warned about that fact in advance.
The Payment Gate accepts at least the following payment cards and 3D Secure payment cards:
If the User chooses a bank transfer as the method of payment of the price for the Services provided, they will receive in the email address that they specified in the order form, after the order completion, a pro-forma invoice, which is always due in 5 days following the date of a request for payment sent by the Provider after ordering the Service by e-mail. If the invoice is not settled by its due date, the Provider reserves the right to cancel the order; however, the Provider is not obliged to do so.
5.4 The price of the Services is always specified in the Electronic System next to the respective course according to the current offer; it shall be considered final and it includes the applicable VAT rates and fees. The price of the ONLINE CLASS is divided into 2 categories: 34% of price to live webinar, 66% of price to immediate access to recorded webinar – ONLINE CLASS Record.
5.5 The Provider shall confirm to the User acceptance of the order of a particular Service.
5.6 Pursuant to Section 1823 of the Civil Code, by concluding the contract the User agrees that the Provider makes the Services available to the User (i.e. delivers the digital content to the User within the meaning of Section 1837(l) of the Civil Code) prior to expiry of the period of time for withdrawal from the contract. The User thus receives from the Provider the ONLINE CLASS Record the content of which corresponds in full to the content of the live webinar the Buyer is entitled to participate in an live webinar where the content of the given Service is provided to the Buyer through the Provider via a presentation that will be on-line broadcast on the Internet at a predetermined time via presentation on the Internet.
Provider. The Services will be made available, i.e. the Provider will send the ONLINE CLASS Record to the User’s e-mail address, at the moment that the price of the Service is credited in the Provider’s bank account or the account of the Payment Gate or the Provider’s PayPal account. After the Service is made available, i.e. after the Provider sends to the Buyer access data to the ONLINE CLASS Record electronically, the User shall not be entitled to withdraw from the purchase contract within the meaning of Section 1837(l) of the Civil Code.
5.7 The Provider shall make the Service available to the User for the User’s own needs without limiting the number of viewing of the individual lessons. The User acknowledges that the Services cannot be used for more than 3 IP addresses. The User also acknowledges that they can view the content of the Service repeatedly only via the Electronic System, i.e. the User must use high-speed Internet to view the Service in high quality. It is not possible for the User to download the content of the Service.
5.8 The Provider guarantees the functionality of the Service only on devices supporting Adobe Flash Player. Therefore, the Provider does not guarantee the functionality of ONLINE CLASS Record on devices that do not support Adobe Flash Player (e.g. Apple iPad). The Provider is entitled to reject a later complaint of a User based on that fact.
5.9 Within the meaning of Section 2161 of the Civil Code, the Provider shall make the Service available to the User, which Service will show no defects and will have the properties arranged as well as the qualities and utility properties described by the Provider or anticipated by the User on the basis of an advertisement placed by the Provider or information specified by the Provider, or the quality and utility properties usual for a Service of such a kind. The Provider undertakes to ensure that provision of the Service will comply with requirements of applicable legal regulations, that the Service will be provided in corresponding quantity and that it will suit the purpose which the Provider specifies for the Services or for which the Service is usually used.
5.10 The Services shall be made available to the User depending on the functioning of the Electronic System. In case of a failure or temporary shutdown of the Electronic System the Service may not be available to the User without the User becoming entitled to any compensation. The scope of the Service provision specified in Article 5.6 hereof shall apply until the Provider stops operating the Electronic System or providing the Service (or a particular on-line educational course – ONLINE CLASS). However, the User shall have the right to use the Service (or the respective ONLINE CLASS Record) for the period of 12 months following the moment of entering into the contract related to the paid Service (or the respective educational course) under Article 5.3 hereof; the User shall not have this right in case of Services provided free of charge.
5.11 In compliance with Section 2169 of the Civil Code it shall apply that if the Service does not have the determined properties as per Section 2161 of the Civil Code, the User may require access to a new Service that is free of defects unless it is inadequate with regard to the nature of the defect, but if only a part of the Service is defective, the User can only require new access to that part of the Service; if this is not possible, the User can withdraw from the contract. If, however, it is inadequate with regard to the nature of the defect, especially if the defect can be removed without undue delay, the User shall be entitled to removal of the defect free of charge. The User shall be entitled to access to a new Service or a part thereof even in case of a defect that can be removed if they cannot use the Service properly due to recurrent occurrence of the defect after repair or due to a bigger number of defects. In such an event, the User shall also be entitled to withdraw from the contract. If the User does not withdraw from the contract or does not assert their right to access to a new Service free of defects or a part thereof or repair of the Service, they can require an adequate discount. The User shall also be entitled to an adequate discount if the Provider cannot provide the User with access to a new Service free of charge or a part thereof or repair the Service and if the Provider does not remedy the defect in an adequate period of time or if remedying the defect caused considerable difficulties to the User.
5.12 If, within the meaning of Section 1923 of the Civil Code, the defect of the Service can be removed, the User can require either repair or completion of what is missing or an adequate discount of the price. If the defect cannot be removed and the Service cannot be used properly due to the defect, the User can either withdraw from the contract or require an adequate discount of the price.
5.13 It shall apply in compliance with Section 2112 of the Civil Code that if the User does not report a defect without undue delay after they might discover it during a timely inspection and with adequate care, the right arising out of defective performance need not be awarded to them.
The Provider shall primarily receive complaints at email@example.com, and if this e-mail address does not work, at the company’s registered office where complaints can be made with regard to the assortment of the Services provided. The Provider or an authorized worker shall decide on the complaint as soon as possible, however, not later than within 30 working days. This period of time shall not include an adequate period of time necessary for professional assessment of the defect based on the kind of the Service. Futile expiry of that period of time shall be considered material violation of the contract.
5.14 If the User can enter contributions, reviews or other texts in the Electronic System within the Service, the Provider reserves the right to block or delete any data, communication, information or link containing exclusively such data that are inaccurate, nonsense, unrealistic or contradicting good manners or standards of a correct discussion. In addition, the Provider reserves the right not to react to e-mails or phone calls of the User if the User’s communication is impolite and if their behaviour contradicts good manners. If the Provider decides to block or delete any data, communication, information or links or if he realizes such a decision or if he decides not to react to impolite behaviour of the User or behaviour of the User contradicting good manners, he is not obliged to inform the User.
5.15 The Provider reserves the right to adopt any available technical and legal measures to obviate the Using of the Electronic System (including deletion of all entered data or documents) in the following situations:
- The User has not logged in their Account for three years at least;
- The User sends electronic or other messages containing information the publication or content of which contradicts the legislation of the Czech Republic, these Terms, rules of ethics or good manners and which might damage the good reputation of the Provider or other persons;
- As a result of unusual Using of the Electronic Systems, the User burdens the Electronic Systems and their supporting infrastructure in an inadequate or excessive manner, or the User interferes or tries to interfere in their proper functioning (e.g. by using a computer programme to hack or damage the Electronic Systems, send spam messages, place files that might damage or disturb the programme structure of the Electronic Systems, etc.;
- The User has violated these Terms repeatedly or in a material manner;
- The User attempts to read automatically or copy the content of the Electronic Systems; or
- The User has established the Account and completed the Profile on the basis of unauthorized registration, i.e. especially based on registration of a fictitious person or using somebody else’s name.
5.16 The Provider is entitled to terminate the User’s access to the ONLINE CLASS Record without any compensation in the following cases:
- Every video that is a part of the ONLINE CLASS Record is streamed within five minutes under a certain user name and password to two or more different IP addresses;
- Third party websites have published a video of the Provider’s ONLINE CLASS Record containing personalized identification elements of the User;
- The Provider discovers that the User has attempted to carry out technical manipulation with the regime of playing of the videos that are a part of the ONLINE CLASS Record;
- The User logs in the Electronic System to see videos that are a part of the ONLINE CLASS Record from more than 4 IP addresses.
- Consent to the Electronic System Code of Ethics
6.1 By registering themselves or ordering a Service in the Electronic System, the User expresses their consent to the Code of Ethics of www.algotradingacademy.com
6.2 The Code of Ethics of www.algotradingacademy.com determines that the User shall carry out online studies in the Electronic System independently and honestly; i.e. the User shall go through the study materials and video lessons carefully and on their own.
6.3 In addition, the Code of Ethics determines that as regard the relationship of the User to other Users, it is necessary that the User acts in compliance with good manners and helps others within their process of education. If, during the using of the Service, the User fails to adhere to good manners, the Provider shall be entitled to cancel the User’s account immediately without having to state a reason.
- Other Rights and Obligations of the Provider
7.1 The access to the Account is protected by means of a unique password, which the User is obliged to protect against misuse. The Provider shall not be held liable for any misuse of the unique password or any potential damage or claims of third parties resulting from such misuse.
7.2 The Provider shall not be held liable for any damage resulting from events of Force Majeure or failures occurring beyond the Provider’s technical devices. Force Majeure shall be understood a temporary or permanent extraordinary, unforeseeable and insurmountable obstacle that occurs independent of the Provider’s will. In case of any circumstances of Force Majeure on the side of the Provider, the Provider undertakes to inform the User of that situation and its cause without undue delay. The Provider shall continue providing the Services in the maximum possible scope and according to his best abilities using any alternative means available.
7.3 The Provider reserves the right to change the date of the ONLINE CLASS or cancel it for organisational and operating reasons. The Attendants shall be informed of any and all potential changes in advance by phone or by e-mail and a new date shall be agreed by the Provider and the User.
7.4 The Electronic System may contain links to other websites operated by independent third parties (hereinafter referred to as “Third Party Electronic System”), either directly or via frameworks. When visiting Third Party Electronic Systems, you should become familiar with the terms and conditions of using them. The Provider shall not be held liable for the rules and procedures of third parties or for the content and availability of linked Third Party Electronic Systems. He will not be a party to and shall not be held liable for transactions related to goods or services available from Third Party Electronic Systems.
7.5 The websites may contain links to other websites run by entities controlled by the Provider, controlling the Provider, controlled along with the Provider, otherwise related to the Provider (hereinafter referred to as “Related Companies” and “Related Company Electronic System”). When visiting any Related Company Electronic System, you should become familiar with the terms and conditions of using it. To exclude doubts, it shall apply that the Provider shall not be held liable for the availability or content of Related Company Electronic Systems. In addition, the Provider shall not be a party to and shall not be held liable for any transactions related to goods or services available from Related Company Electronic Systems.
- Other Rights and Obligations of the User
8.1 The User undertakes to adhere to the rules specified in Article 9 Copyrights and Trademarks and in Article 6 Consent to the Electronic System Code of Ethics.
- Copyrights and Trademarks
9.1 All contents of the Electronic System including the content of the educational courses (ONLINE CLASSES) are protected in compliance with legal regulations applying to the copyright, trademarks and other intellectual property rights, and are the property of the Provider or his licence providers. In addition, the User acknowledges that provision of a Service to the User does not give rise to any authorization to capture, display, distribute or spread the image, picture, or audio and visual records related to the person(s) that act(s) within the available digital content within the Services, or their names, surnames, academic degree, including their processing and inclusion in an audiovisual work or for different marketing purposes. Any such misuse is only possible on the basis of explicit consent of authorized persons or in compliance with applicable legal regulations.
9.2 The User shall not be entitled to use the Electronic System or a part thereof in a different manner than for their own needs, it is especially forbidden to use it in the form of spreading or copying or other technical processing without the Provider’s demonstrable consent. Users are also forbidden to interfere in the technical or material consent of the Electronic System.
9.3 It is only allowed to download and save or print out the materials saved in the Electronic System for the User’s own private purposes, while the materials acquired in such a manner must never be further reproduced. Any other reproductions or adjustments carried out in any mechanical or electronic manner without the Provider’s previous written consent are forbidden. It is especially forbidden to reproduce, distribute or communicate to third parties the content of the Electronic System, ONLINE CLASS Record or Textbooks.
9.4 The User undertakes not to provide third parties with their access data (the user name and password) for the Provider’s Electronic System at www.algotradingacademy.com. The User shall not allow third parties to log in the Provider’s Electronic System under the User’s access data. If the User allows a third party to do so, the User shall be held fully liable for any potential damage caused to the Provider by the third party as though the damage was caused by the User themselves.
9.5 The protection of the copyright also applies to any electronic/digital or analogue materials related to the Service. Such materials are only provided for private study-related purposes of the User and it is forbidden to further distribute them to third parties.
9.6 Attendants who attend live webinar are not allowed to make any audio or visual records due to the protection of the copyright and the intellectual property rights.
9.7 In case that User will use any information described in the courses (ONLINE CLASSES) for commercial purposes (for example selling courses with similar content, selling codes of trading strategies from the courses, creating software derived from the know how of the course) User agrees with $500 000 fee that will be paid to Provider.
- Decisive Law
10.1 The legal relationship between the User and the Provider shall be governed by the legislation of the Czech Republic. Thus, any and all matters not regulated by the Terms shall be governed by the provisions of the Act No. 89/2012 Coll., Civil Code, and by other applicable and effective legal regulations.
10.2 The Municipal Court in Prague shall be competent to settle any and all disputes between the Provider and the User that cannot be settled in an amicable manner.
11.1 Potential discount programmes of the Provider cannot be combined or cumulated. If the User has a bigger number of discount vouchers of the Provider, the User can only use one of them that they choose to use. In such an event, the Provider shall be informed of the type of discount that the User wishes to use via the order form, i.e. by ticking the text “I want to use a discount voucher” and filling in the respective discount vouchers in the box “Fill in the discount voucher”. Unless the Provider has specified otherwise, the discounts having been provided cannot be transferred onto a different User.
- Final Provisions
12.1 The Provider shall be entitled to amend these Terms unilaterally at any time. In such an event, the Provider shall inform the User of the amendment to the Terms in a suitable manner well ahead of time so that the User has an objective opportunity to become familiar with them.
12.2 If the individual provisions hereof are or become invalid, the other provisions shall remain valid and applicable. The invalid provisions shall be replaced with an amendment corresponding to the purpose and meaning hereof.
12.3 All information provided within the Provider’s educational courses is intended exclusively for studying of topics related to trading in a stock exchange and must never be used as any particular investment or trade recommendation. If any particular financial instruments, business strategies, source assets or derivatives are mentioned on www.algotradingacademy.com, ONLINE CLASS, teaching materials, Textbooks, documents to be downloaded, ONLINE CLASS Records, presentations, videos or webinars, they are always mentioned solely for the purpose of studying of trading in a stock exchange. The Provider, the authors of the courses, ONLINE CLASS, educational materials, Textbooks, articles, documents and videos and the lecturers shall not be held liable for any particular business decision of the individual Users of the Electronic System of www.algotradingacademy.com or the Attendants of the ONLINE CLASS organized by the Provider.
12.4 Investment and trading with financial instruments and especially with commodities are highly risky. Every individual is responsible for their own decision to trade in a stock exchange and every individual shall be held fully liable for their own decisions.
12.5 Users should never conclude any transactions the substance of which they do not fully understand. The risk of loss within trading with commodities can be very high. Therefore, every User should consider carefully whether or not such trading is suitable for them with regard to their financial situation. In addition, the results of historic transactions are not a guarantee of profitability of any future transactions.
12.6 All data specified by the Provider that were taken over from other resources are always specified in good faith that the information is true and current. The User should always check the up-to-dateness of all information on the website of the respective stock exchange, with their broker and using other resources of the information used. The Provider, the authors of the ONLINE CLASSES, educational materials, Textbooks, articles, documents and videos and the lecturers shall not be held liable for their change or for the fact they are not up-to-date.
12.7 Any communication between the Provider and the User shall be carried out by e-mail. The following is the Provider’s e-mail: firstname.lastname@example.org. If it becomes necessary to provide confidential information, the User can use mail services and contact the Provider at the following contact address: Petr Tmej, Vaclavske namesti 838/9, Prague 1, 110 00, Czech Republic.
12.8 This version of the Terms shall be in effect and force until 19th October 2018.
Date: 19th October 2018