SW TRADING ACADEMY LONDON LTD

Our terms and conditions for the supply of products or services.

 

1.THESE TERMS

1.1 What these terms cover.
These are the terms and conditions on which we supply our products to you, which include services or digital content.

1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

 

  1. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are.
We are SW Trading Academy London LTD, a company registered in England and Wales. Our company registration number is 11594295.

– and our registered office is at C/O Dains LLP, Suite 2, Albion House, Etruria, Stoke-On-Trent, Staffordshire, England, ST1 5RQ.

2.2 How to contact us.
You can contact us by emailing our customer service team at Info@swtradingacademy.com or by writing to us C/O Dains LLP, Suite 2, AlbionHouse, Etruria, Stoke-On-Trent, Staffordshire, England, ST1 5RQ.

2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “Writing” includes emails.
When we use the words “writing” or “written” in these terms, this includes emails.

 

  1. OUR CONTRACT WITH YOU
    3.1 How we will accept your order.
    Our acceptance of your order will take place when we email you confirmation of acceptance and payment, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because your payment has been declined, or because we have identified an error in the price or description of the product.

 

  1. OUR PRODUCTS
    4.1 Products may vary slightly from their description.
    Any samples, drawings, descriptive matter or advertising issued by us, and any descriptions or illustrations contained in our catalogues, brochures, and website, are issued or published for the sole purpose of giving an approximate idea of the services described in them. They shall not form part of the contract or have any contractual force.

 

  1. YOUR RIGHTS TO MAKE CHANGES
    If you wish to make a change to the product you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your right to end the contract).
  1. OUR RIGHTS TO MAKE CHANGES

6.1 Minor changes to the products.

We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.

6.2 More significant changes to the products and these terms.
In addition, as we informed you in the description of the product on our website, we may make certain changes to these terms or the product. If we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received. Such changes may include upgrades to digital products, one to one session using a mentor, and screeners from time to time.

6.3 Updates to digital content.
We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

  1. PROVIDING THE PRODUCTS
    7.1 When we will provide the products.
    During the order process we will let you know when we will provide the products to you.

(a) If the products are one-off services.
We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
(b) If the products are ongoing services or a subscription to receive digital content, we will supply the services or digital content to you until either the services are completed or the subscription expires (if applicable), or you end the contract as described in clause 8, or we end the contract by written notice to you as described in clause 10.

7.2 We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.3 What will happen if you do not give required information to us.
We may need certain information from you so that we can supply the products to you, for example details of your designated email address for receiving course content etc. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.4 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 6).

7.5 Your rights if we suspend the supply of products.
We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product, we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 6 months and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

7.6 We may also suspend supply of the products if you do not pay.
If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).

  1. YOUR RIGHTS TO END THE CONTRACT

8.1 You can always end your contract with us.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.

8.2 Ending the contract because of something we have done or are going to do.
If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 months; or
(e) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.

8.4 When you don’t have the right to change your mind.
You do not have a right to change your mind in respect of:

(a) digital products after you have started to download or stream these; such products include courses or such materials supplied in digital form
(b) services, once these have been completed, even if the cancellation period is still running;

8.5 How long do I have to change my mind?
How long you have depends on what you have ordered and how it is delivered.

(a) Have you bought services? If so, you have 10 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

(b) Have you bought digital content for download or streaming? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

8.6 Ending the contract for the ongoing supply of digital content or services where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed. A contract for digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 calendar month after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you.

8.7 Ending the contract for one-off supply of digital content or services where we are not at fault and there is no right to change your mind.
Even if we are not at fault and you do not have a right to change your mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

  1. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

9.1 Tell us you want to end the contract.
To end the contract with us, please let us know by doing one of the following:

(a)Email us at info@swtradingacademy.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. Simply write to us at the above address, including details of what you bought, when you ordered or received it and your name and address.

9.2 How we will refund you.
We will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.

9.3 Deductions from refunds if you are exercising your right to change your mind.
If you are exercising your right to change your mind:
Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. We reserve the right to apply a cancellation charge, in the event that you exercise your right to change your mind within the given period.

9.4 When your refund will be made.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 30 days of your telling us you have changed your mind.

  1. OUR RIGHTS TO END THE CONTRACT
    10.1 We may end the contract if you break it.
    We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(c) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 20 days of you being notified in writing to do so.

10.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least one month in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

  1. IF THERE IS A PROBLEM WITH THE PRODUCT
    11.1 How to tell us about problems.
    If you have any questions or complaints about the product, please contact us. Via e-mail at Info@swtradingacademy.com or send us a post to C/O Dains LLP, Suite 2, Albion House, Etruria, Stoke-On-Trent, Staffordshire, England, ST1 5RQ.

11.2 Summary of your legal rights.
We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.For detailed information please visit the Citizens Advice website www.adviceguide.org.uk

  1. PRICE AND PAYMENT

12.1 Where to find the price for the product.
The price of the product will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2 We will pass on changes in the rate of VAT.
If VAT is applicable and the rate changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. Therefore, price adjustment might occurs if needed. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

12.4 When you must pay and how you must pay.
We accept payment with Paypal.

(a) For digital content, you must pay for the products before you download them.
(b) For services, you must make the initial payment, or deposit as agreed in the order or confirmation process.

12.5 We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

13.1 We are responsible to you for foreseeable loss and damage caused by us.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.

13.3 Our total liability to you.
In respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the charges set out in the order.

13.4 We are not liable for business losses.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

(a) You acknowledge that the services provide guidance on trading the markets and there is an inherent risk to trading which you accept.
(b) The Customer acknowledges that the trading markets are closed from time to time and that this is beyond the control of the Supplier.

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

14.1 How we may use your personal information.
We will only use your personal information as set out in our Privacy policy.

  1. OTHER IMPORTANT TERMS
    15.1 We may transfer this agreement to someone else.
    We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer, you may contact us to end the contract within one month of us telling you about it and we will refund you any payments you have made in advance for products not provided.

15.2 You need our consent to transfer your rights to someone.
All course materials, services and digital content are our exclusive property. These are for the use and benefit of the customer named in the order only. The customer may not share, distribute, sell or circulate any of these products without our prior written consent.

15.3 Nobody else has any rights under this contract.
This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

15.4 Confidentiality.
You shall keep in strict confidence all technical or commercial know-how, software and packages, trading strategies, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to you by us, your employees, agents or subcontractors, and any other confidential information concerning our business, our products and services which you may obtain. You may also disclose such of our confidential information as is required to be disclosed by law, any governmental or regulatory authority or by a court of competent jurisdiction. This clause 15.4 shall survive termination of the contract.

15.5 Your obligations.
(a) have access to a fully functional laptop with no less than 8GB RAM, I5 Intel processor, and a Nvidia graphics card, a brokerage, good internet access of a speed no less than 17 mb/s, a back up internet connection, and a good platform to practice your learning.
(b) where relevant, complete all assignments, modules and other exercises as required in respect of the services.

15.6 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.7 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.8 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

15.9Webinars-

Our webinar’s are usually carried out twice a week on Sunday’s and Wednesday’s. We reserve the right to change the date or time of our webinar’s ,or cancel them, at our sole discretion by posting an appropriate notice on our website.

15.9.1 Risk Notice

Your attention is drawn to our Risk Notice which you are deemed to have read and accepted as part of these terms and conditions.