C&K MONEY-ED (PTY) LTD Terms & Conditions
In this agreement, unless a contrary intention clearly appears, words implying any one gender include the other genders, words implying the singular include the plural and vice versa; and reference to natural persons include juristic persons (which includes trusts) and vice versa.
words will refer to the following:
1.1. AGREEMENTmeans the selection and purchase of and/or subscription to courses, charting tools, training material, newsletters and clubsof which the USER hereby wishes to make use of and have access to, which access and use will be subject to acceptance of the TERMS AND CONDITIONS contained herein;
1.2. C&K MONEY-ED (PTY) LTD means the company C&K MONEY-ED (Proprietary) Limited, a Company registered in terms of South African law, who is to be seen as the service provider under this agreement;
1.3. The USER means that person who either:
1.3.1. uses the ShareTrackin subscribers site and has accepted these terms and conditions; or
1.3.2. contracts with C&K MONEY-ED (PTY) LTD in terms of these terms and conditions with respect to the purchase of and/or subscription to any of the C&K MONEY-ED and/or ShareTrackin products and/or services;
1.4. USERNAME means the access codes supplied to the USER by C&K MONEY-ED (PTY) LTD to make use of and have access to products and/or services;
1.5. WEB BASED PRODUCTS mean all products and/or services offered to USERS by means of the Internet or other ONLINE services;
1.6. WEBSITE means the website www.ShareTrackin.co.za or any other domain managed by C&K MONEY-ED (PTY) LTD;
1.7. MINOR means any person under the age of 18 years;
1.8. LEGAL GUARDIAN means any person who are authorized to enter the agreement on behalf of a minor;
1.9. ONCE OFF REGISTRATION FEE means a non-refundable fee payable at acceptance of the agreement in order to activate this AGREEMENT;
1.10. SUBSCRIPTION FEE refers to the applicable fee, payable monthly in advance, specified in this AGREEMENT, to access and make use of the C&K MONEY-ED (PTY) LTD products and/or services.
2. USE AT OWN RISK AND
2.1. Neither C&K MONEY-ED (PTY) LTD nor any of their employees are:
2.1.1. Authorized financial services providers, representatives or intermediaries, or render financial services in respect of financial products as those terms are defined in the Financial Advisory and Intermediary Services Act 37, 2002 (the FAIS Act);
2.1.2. Authorized users or stockbrokers, or render securities services in respect of securities as those terms are defined in the Securities Services Act, 2004 (the SS Act (This act has been repealed and replaced by the Financial Markets Bill)
2.1.3. C&K MONEY-ED (PTY) LTD and their employees do not warrant, represent or otherwise guarantee, expressly, impliedly or tacitly that the use of, access to or attendance of any courses, charting tools, training material, newsletters and/or clubswould result in any particular outcome, and especially profits or returns on investment. Such products and services merely serve as general guidance, and the provision of data and information which the USER may, or may not use in the making of investments of any nature whatsoever, including but not limited to investments in or the purchase and/or sale of financial products as defined in the FAIS Act or securities as defined in the SS Act (This act has been repealed and replaced by the Financial Markets Bill)
2.2. C&K MONEY-ED (PTY) LTD, their employees (jointly or severally) nor its Member Associates shall be liable for any damages or losses that may be suffered by the USER through the use of any products and/or services, or reliance of any information, be it direct, indirect, special, consequential or punitive, or the failure or unavailability at any time of such products and/or services, even if same is as a result of the negligent conduct of C&K MONEY-ED (PTY) LTD and/or a Member Associate,hereby admitting that any decision made by the USER to invest in any financial product or securities shall be the USERs own decision, and that any such investment is inherently risky and may result in loss or damages to the USER. The USER hereby waives any possible claim for damages or loss, and the USER fully understands the nature and consequences of such waiver, and hereby indemnify and hold all parties harmless in relation to any such claim;
2.3. C&K MONEY-ED (PTY) LTDs automated stock screens filter shares based on various fundamental factors and serve as tools to shortlist candidate shares for further investigation. C&K MONEY-ED (PTY) LTD does not examine or seek out company prospects, management skill, pending lawsuits, internal fraud, financial manipulation or any other aspects that may affect the companys share price. It is up to the individual investor to further inspect other aspects of shares to reduce their risks from these events.
2.4. The information contained within www.ShareTrackin.co.za is not to be construed as advice in terms of the Financial Advisory and Intermediary Services Act of 2002 (Please consult your financial adviser should you require advice of a financial nature and/or intermediary services);
2.5. Investing on stock markets may expose the USER to risks and the USER may lose some or all of his/her capital. Whilst long historical trends may statistically support certain assumptions about the future, remember that past performance is no guarantee of future returns. C&K MONEY-ED (PTY) LTD aims to provide the USER with strategies that statistically stack the odds in the USER favor and lower the USERs risks, but the USER understand that risks cannot be eliminated entirely;
2.6. C&K MONEY-ED (PTY) LTD offer no guarantee to the accuracy of data and calculations used.
2.7. USERS who access the website do so at their own initiative, and are therefore responsible for compliance with applicable local laws and regulations, and C&K MONEY-ED (PTY) LTD shall have no liability for such compliance and the USER indemnifies C&K MONEY-ED (PTY) LTD accordingly;
2.8. While every effort is made to update the information provided on this website on a regular basis, C&K MONEY-ED (PTY) LTD does not make any representations or warranties, either express or implied, as to the accuracy, completeness or reliability of information contained in the website and shall not be bound in any manner by the information contained in the website;
2.9. No research, opinions, information or content contained in the website shall be construed as advice and is offered for education purposes only.
2.10. External links in the website may be provided for the USERs convenience, but they are beyond the control of C&K MONEY-ED (PTY) LTD and no representation or warranty is made as to their content. Use or reliance on any external links provided is at the USERs own risk.
2.11. JSE DISCLAIMER: The USER is notified that JSE data is received from the JSE and INET BFA. The USER hereby waives any possible claim for damages or loss against the JSE and INET BFA for any error or omission in the Information. All copyright and database rights in the information belong to the JSE. Re-distribution of the data comprising the information is not permitted without the express prior written consent of the JSE.
3. COPYRIGHT, TRADE MARKS AND LOGOS
3.1. All information, graphs, formulas, lectures, glossary, winning shares list and metrics that appear on www.ShareTrackin.co.za are the property of C&K MONEY-ED (PTY) LTD and may not be copied, reproduced or published without express written permission from C&K MONEY-ED (PTY) LTD;
3.2. Copyright in all material made available through the website is either owned by C&K MONEY-ED (PTY) LTD, the various gurus under contract with C&K MONEY-ED (PTY) LTD, the JSE or by third parties and is protected by both national and international intellectual property laws. Accordingly, any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of this material will constitute an infringement of that copyright;
3.3. The trademarks, logos and service marks displayed on the website are the registered and/or unregistered trademarks of C&K MONEY-ED (PTY) LTD or its Member Associates. Nothing contained on this website should be construed as granting any license or right to use any such trademarks, logos and service marks to USERS without the written permission of the owner of same;
3.4. C&K MONEY-ED (PTY) LTD shall retain the copyright and intellectual property for any enhancements or software development it does on behalf of clients;
4. USERNAMES AND ACCESS
4.1. The USER may not authorize or permit third persons to make use of their Username. A Username is valid for only one USER and for use at one terminal at any one time and no part of the information may be distributed or disseminated to third parties in any way. Should any unauthorized distribution or dissemination take place, whether or not the USER is aware of it, all access granted to the USER will be discontinued immediately, and the USER shall be liable to C&K MONEY-ED (PTY) LTD for any loss whatsoever which C&K MONEY-ED (PTY) LTD may suffer as a result thereof, including but not limited to lost revenue;
4.2. Each USER declares that when they subscribe for a product and each time, they use the product they do so as a non-professional USER. Should their status charge, said changes must report to C&K MONEY-ED (PTY) LTD. USERS shall be liable for any and all fees incurred related to any misstatement of their status;
USER is not permitted to use or share the information provided by C&K
MONEY-ED (PTY) LTD for managing funds or investments on behalf of others or for
offering investment advice to others. That is in violation of this agreement;
5. DATA MESSAGES AND DELIVERY
5.1. Sections 21 to 25 of the Electronic Communications and Transactions Act, No 25 of 2002 of the Republic of South Africa shall apply, save that the Section 26 shall not apply and it is agreed by both parties that acknowledgement of receipt of a data message shall be necessary to give legal effect to that message and the receipt shall not take the form of an automated response;
products ordered from C&K MONEY-ED (PTY) LTD shall be made available
electronically and shall be activated within a maximum of 48 hours after
placement of the order and receiving all necessary details and payments.
6.1. C&K MONEY-ED (PTY) LTD reserves the right at any time to change or discontinue without notice, any aspect or feature of the website; or to change this agreement or any part thereof at any time without notice;
6.2. C&K MONEY-ED (PTY) LTD takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods;
6.3. This website is governed by the laws of South Africa and C&K MONEY-ED (PTY) LTD chooses as its address for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, as the address listed below;
6.4. This website is run by Sharetrackin based in South Africa trading as C&K MONEY-ED (PTY) LTD and with registration number 2019/186903/07 and Karien Oosthuizen. Company Physical Address: Prosperity Park, 1002 Clifton Avenue, Centurion, South Africa. Telephone: (012) 940-0800. Email: email@example.com;
6.5. The USER chose as his address for all purposes under this agreement, whether in respect of court process, notices or other documents or communications of whatsoever nature, the address as supplied by the USER upon application, subscribing, or enrolling. Any changes in personal and contact details should be communicated by notice to the other party within 30 days of such change;
6.6. Any notice or communications required or permitted to be given in terms of this agreement shall be valid and effective only if in writing but it shall be competent to give notice by telefax or by digitally signed emailed documentation proof that the transmission was successful may be required by C&K MONEY-ED (PTY) LTD;
6.7. The clause headings in this agreement have been inserted for convenience only and will not be taken into consideration in its interpretation;
6.8. In respect to this agreement, C&K MONEY-ED (PTY) LTD reserves the right to update it, so as to adapt to the changing legal environment. The decision to act upon this right is at C&K MONEY-ED (PTY) LTDs sole discretion and where C&K MONEY-ED (PTY) LTD chooses to do so, a message to this effect will be placed in a prominent position on the website;
6.9. The validity, application and interpretation of this agreement will be governed by the laws of the Republic of South Africa. If any claim or dispute arises in relation to this agreement, the parties agree to submit to the exclusive jurisdiction of the South African courts;
6.10. Each and every clause and sub-clause in this agreement shall be severable from the other clauses in this agreement and in the event of any clause or sub-clause being held invalid by any competent court for any reason same shall not affect the validity of the remaining clauses or sub-clauses.
7. TRANSFER AND BREACH
7.1. I understand that the transfer or sale my membership will not be allowed, and that this membership would have to be cancelled by giving 30 daysnotice and replaced with a new membership;
7.2. Registration and subscription fees include 15% VAT, and is non-refundable upon cancellation, as clients will have had access to valuable C&K MONEY-ED (PTY) LTD information;
7.3. Should either party hereto be in breach of this AGREEMENT and should such party remain in breach 7 days after having received written notice from the other party (the Aggrieved Party) then the Aggrieved Party shall be entitled, without prejudice to any other remedy in law which such party may have, to terminate this AGREEMENT on written notice to the defaulting party;
7.4. A cancellation in terms of this clause shall pertain to the subscription contract between C&K MONEY-ED (PTY) LTD and a USER with respect to that and/or those Web Based Products to which the breach pertains;
7.5. C&K MONEY-ED (PTY) LTD will not grant any refunds for services, except in the case where a USER has experienced material problems utilizing the product and service and the issue was not able to be resolved after following procedures requested by C&K MONEY-ED (PTY) LTDs support department within a period of 14 days after first notifying C&K MONEY-ED (PTY) LTD of the problem and C&K MONEY-ED (PTY) LTD having requested the USER to follow its recommended procedures. Such requests for refunds must be submitted in writing within 30 days of the problem being notified to C&K MONEY-ED (PTY) LTD to qualify for a refund.
7.6. The provision of goods and services by C&K MONEY-ED (PTY) LTD is subject to availability. In cases of unavailability, C&K MONEY-ED (PTY) LTD will refund the client in full within 30 days.
8. PAYMENT AUTHORITY AND MANDATE
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the C&K MONEY-ED (PTY) LTD bank account, the details of which will be provided on request;
Card transactions will be acquired for C&K MONEY-ED (PTY) LTD via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy;
Customer details will be stored by C&K MONEY-ED (PTY) LTD separately from card details which are entered by the client on DPO PayGates secure site. For more detail on DPO PayGate refer to www.paygate.co.za;
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR);
This signed Authority and Mandate refers to our AGREEMENT for a monthly membership fee that is payable by the USER to C&K MONEY-ED (PTY) LTD by means of debit order, for the supply of services and/or products as specified herein.
8.1. DEBIT ORDER INSTRUCTION
8.1.1. I/We hereby authorize C&K MONEY-ED (PTY) LTD to issue and deliver payment instructions to your banker for collection against my/our account at my/our bank as specified in this AGREEMENT (or any other bank or branch to which I/we may transfer my/our account) on condition that the sum of such payment instructions will never exceed my/our obligations as agreed to in the AGREEMENT, and commencing on the commencement date and continuing for an indefinite duration. The individual payment instructions so authorized to be issued must be issued and delivered as follows:
220.127.116.11. On the payment day as specified in this AGREEMENT (or the first business day thereafter should the payment day fall on a weekend or public holiday), of each and every month commencing from the commencement date. Further, if there are insufficient funds in the nominated account to meet the obligation, you are entitled to track my/our account and re-present the instruction for payment as soon as sufficient funds are available in my account;
18.104.22.168. Monthly; on or after the dates when the obligation in terms of the Agreement is due and the amount of each individual payment instruction may not be more or less than the obligation due;
8.1.2. I /We understand that the withdrawals hereby authorized will be processed through a computerized system provided by the South African Banks and I/we also understand that details of each withdrawal will be printed on my/our bank statement. This AGREEMENT is to be identified by means of my/our C&K MONEY-ED (PTY) LTD Access- and User number, as provided to me upon registration;
8.2. SUBSCRIPTION INCREASES
I/we furthermore consent to an annual subscription increase, which increase will be communicated to the account holder by giving 30 days notice in electronic format.
9. UNPAID SUBSCRIPTIONS, CANCELLATIONS AND REFUNDS
9.1 UNPAID SUBSCRIPTIONS
9.1.1 Without prejudice, C&K MONEY-ED (PTY) LTD shall be entitled, in its sole discretion, to immediately suspend a USERs access to and use of a Web Based Product in the event of the USER falling into default with respect to any payment for whatever reason as given by the Banks, due for the Web Based Product in question and to maintain such suspension until the USER pays up all amounts in arrears due to C&K MONEY-ED (PTY) LTD. The USER understands that, C&K MONEY-ED (PTY) LTD cannot be held liable for any loss of data, or information stored on the C&K MONEY-ED (PTY) LTD database and/or website;
9.1.2 Charges for the Subscriptions returned will be for the USERs account; plus, an additional 10 % of the Subscription amounts due, will be payable for administration and reactivation fees.
9.2.1 The object of purchase is a variety of online services ranging from webinars, club memberships, online courses and training material, analytical JSE monitoring software accompanied by various technical indicators and different data options, technical training and support, as well as various offers which may from time to time be made available for sale;
9.2.2 Ownership of the products and services offered herein remains vested in to C&K MONEY-ED (PTY) LTD, and the USER buys access to the products and services as selected by the USER for a period of one month;
9.2.3 The USER agrees that although this Authority and Mandate may be cancelled by giving 30 days notice (or one calendar months notice) to C&K MONEY-ED (PTY) LTD, such cancellation will not cancel thisAGREEMENT. The USER shall not be entitled to any refund of amounts which have been withdrawn while this authority was in force, if such amounts were legally owing to C&K MONEY-ED (PTY) LTD;
Online Courses, webinars and JSE data are treated differently to other products when it comes to returns, given their digital nature and the fact that technical knowledge of the presenters and/or the Online Course, or due to JSE data and therefore analysis on shares are done daily. Once you purchase an Online Course or access to a webinar, we will only allow you to apply for a refund
9.3.1 Should you experience any problems in using the Link to access the webinar or in utilizing the Online Course, in accessing, opening or reading the Online Course, or if the Online Course is defective in some other way (missing pages, incorrect book, code does not work etc). Please report the problem to us as soon as reasonably possible after you become aware of the problem, but in any event within 1 month of purchase. This will create a support request for you;
9.3.2 We will then investigate the possible cause/s of the problem and how to rectify them. We may need to liaise with the relevant service providers to assess and rectify the problem or to issue you with a new Link or Online Course so that you can get a replacement of the same product / service purchased.
10. PERSONAL INFORMATION
C&K MONEY-ED (PTY) LTD shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, personal information shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569. Furthermore, we will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
I, the USER, do hereby acknowledge and agree that:
I will be entitled to utilize and access the products and/or services of C&K MONEY-ED (PTY) LTD with effect from the start date subject to the payment of the appropriate upfront fees. This AGREEMENT was duly and fully completed before acceptance by me and that the information contained herein is true and correct. C&K MONEY-ED (PTY) LTD reserves the right to cancel this AGREEMENT if the information supplied is found to be incorrect and/or false;
In the event of me being duly authorized to enter into this AGREEMENT as the guardian of a minor, I hereby consent to such a minor being bound by the terms of agreement, and I indemnify C&K MONEY-ED (PTY) LTD and their employees to the extent, if any, to which such minor is not capable of waiving his/her rights as contained herein.
This agreement, together with the applicable terms and conditions contained in the website which were accepted by the USER as well as any application form completed by the USER and accepted by C&K MONEY-ED (PTY) LTD, constitutes the whole agreement between the parties with regard to the subject matter, and the parties will not be entitled to rely, in any dispute regarding this agreement, on any terms, conditions or representations not expressly contained in this agreement.