TERMS & CONDITIONS
ALPHA MIND TRADING COURSE CONTRACT
Updated April 21st, 2020.
BETWEEN : ALPHA MIND CORP (The “Provider”), a company incorporated under Canadian law on educational training, doing business under the name of “Alpha Mind Trading”, whose mailing address is:
PO BOX 10625, Airdrie, Alberta, Canada
The (“Customer”), whose complete permanent address is listed in the customer checkout form during course payment processing.
The parties agree that:
BENEFIT TO BE PROVIDED TO THE CUSTOMER
The Provider will provide the services (” benefits ”) following the Customer:
One (1) training course according to the customers cart selection at the time of payment checkout, featuring self directed videos and quizzes as well as optional weekly webinars which may be attended by the customer.
2. EXECUTION OF BENEFITS
The benefits are performed and distributed through a series of self directed online videos and quizzes on www.alphamindtrading.com and through optional webinars hosted on the streaming application “Zoom”.
The weekly webinars are an optional component of this course and are not required to be hosted by The Provider.
3. CONDITIONS OF PAYMENT AND BILLING
Payment of Benefits
The Provider shall be paid as follows:
(A) The payment is due in full according to the price designated during the online shopping “Checkout” page.
(B) Authorized payment methods are as follows, made payable to ALPHA MIND CORP:
– Credit Card.
– Debit Card.
4. COURSE RESERVATION
The number of people may be limited in each course at the discretion of The Provider. The priority is placed in order of a customers course purchase date.
The Provider makes no warranty other than provided by the law in force in the province of Alberta and / or Canada.
(1) The Customer agrees and understands that the investment decisions, investment or other decision on securities taken and / or carried out during or after a course is the sole responsibility of the Customer;
(2) The Customer agrees and understands that benefits carry on teaching analysis of financial and stock markets tools and no recommendation to purchase and / or sale is made before, during and after the course training or education;
(3) The Customer agrees and understands that the Providers and its representatives are not securities dealers authorized within the meaning of the Securities Act, and that the services provided in the course are not vocational training in trading brokerage;
(4) The Customer acknowledges and agrees that, except for gross negligence or willful misconduct of The Provider, under the law applicable in Alberta, the Provider and their representatives
i. are not responsible for loss, damage, unauthorized use, theft or injury resulting from any personal property (including but not exclusively, computers, laptops, tablets, cell phones);
ii. will not be held responsible or prosecuted, nor will be the directors and stakeholders, officers, employees and all others associated with The Provider, for all claims, actions or lawsuits, fees, costs and expenses (including legal fees and other expenses), damages and liabilities from and / or arising from course registration.
This statement of Liability also binds the estate, family, heirs, representatives and other persons assigned to represent the Client.
(5) Force Majeure: Neither party will be liable for a breach of its benefits or obligations under this agreement if such failure results from a case of force majeure within the meaning of the applicable law in the Province of Alberta, and under provided that the debtor has taken all necessary measures to avoid the occurrence. The debtor is thus exempt from any contractual liability until the cessation of force majeure. Notwithstanding this exemption from liability precedent, the debtor must, to the extent reasonable, seek to mitigate any loss suffered by the creditor because of the occurrence of force majeure;
(6) No liability for technical problems: The Provider can not be held responsible in case of breakage and / or hardship caused by the malfunction of equipment and / or materials that a Customer uses for the purpose of viewing course material or otherwise related to the course. The Customer assumes full responsibility for any loss of content, delay in the current caused by the breakage and / or difficulties. No refund part or all of the expenses as described in clause 3 (1.1) (a) shall be given to The Customer for losses caused to the latter related to the breakage and / or difficulties.
6. CLAUSE REQUIRED UNDER THE LAW ON CONSUMER PROTECTION
(Sequential performance service contract for teaching, training or assistance)
The consumer may cancel this contract at any time by sending the attached form or another written notice to that effect to The Provider via email to email@example.com.
The contract is canceled, without further formality, from the sending of the form or notice.
If the consumer cancels this contract before The Provider has begun to perform their principal obligation, the consumer has no cost or penalty to pay.
If The Customer cancels the contract after The Provider has begun to perform their principal obligation, The Customer must pay only:
(A) the price of the services provided to them, calculated at the rate specified in the contract; and
(B) the lesser of the two following amounts: either $50 Or the amount representing 10% of the price of the services that were not provided.
In the 10 days following the termination of the contract, the Provider must return to the consumer the money he owes.
The consumer’s interest to refer to sections 190 to 196 of the Consumer Protection Act (chapter P-40.1) and, if necessary, contact the Office of Consumer Protection.
I, The Customer acknowledge having read a copy of this contract and the termination of the formula in accordance with the Consumer Protection Act. I agree to abide by the terms and conditions and the regulations and policies established by The Provider.
7. CONFIDENTIAL INFORMATION AND INTELLECTUAL PROPERTY
means any commercial, technical, scientific, financial, legal, personal or otherwise, disclosed by issuing PARTY, relating to its business activities, strategies and business opportunities, its intellectual property and its suppliers, customers, finances or employees who at the time of the disclosure is identified as confidential, disclosed in a context of confidentiality or understood by the receiving PARTY, demonstrating a reasonable business judgment as confidential; but does not include:
a) information known by the receiving portion, before the date of the disclosure;
b) a public information known or available to the public before the date of disclosure;
c) information that becomes publicly known or available to the public after the date of disclosure, and not from a breach of confidentiality undertaking from the receiving PARTY;
d) information received at any time by a person who is not subject to a confidentiality agreement, relating to this information, in favour of either of the PARTIES;
e) information independently developed by the receiving party;
f) personal information provided by an individual when that information is used for the purposes for which it was disclosed or for any other purpose permitted by law;
means any contract protectable intangible asset type expertise, trade secret, recipe and other similar assets and any protectable intangible assets by effect of a Canadian or foreign law relating to patents, copyrights, trademarks, industrial designs, topography of printed circuits and plant species and includes any request for a declaration of an intellectual property right on such intangible assets with public authorities;
1.2 Obligations in relation to confidential information and intellectual property
Customer represents and acknowledges that confidential information should be considered confidential and solely owned by The Provider. The Customer will retain this information carefully and will not use the information for any purpose other than the contractual relationship with The Provider. Without specific written authorization, The Customer will not disclose, will not publish or disclose in any way any confidential information received from provider to a third party;
(2) Confidential information provided tangible form will not be duplicated in any manner whatsoever by The Customer, except for needs related to this contract, or to the extent permitted by law. On request of The Provider, and except as regards the original information received under this contract, The Customer will provide any information received in tangible or written form, copies, reproductions or other information content to such vehicles confidential information, and that, within five (5) days following the request of the provider. At the Customer’s discretion, all documents and other information vehicles and containing confidential information can be destroyed by The Customer.
(3) Without limiting the scope of the obligations defined in clause 7 (1.2) (1) and (2) and for more precision, The Customer declares and acknowledges that the documents, including but not exclusively the course notes, and information transmitted orally, in writing or by any other means of communication, in the framework of this contract, are the property of The Provider, and may not be in any way be copied, copied, transmitted, forwarded or re-routed, or transferred to media hardware, IT or otherwise, without the express permission of The Provider or the extent permitted by law.
1.3 License Prohibition
Nothing in this agreement shall be construed as granting or conferring the license of any rights of confidential information or intellectual property of The Provider.
8.1 Independence of contract terms
The cancellation of any part of this Agreement for any reason shall not affect the remaining provisions, which shall remain valid as if the contract had been fully implemented, unless canceled or invalidated by a court of competent jurisdiction provisions. The parties agree and the whole contract remain valid and enforceable even if a provision should be annulled or invalid by a competent court.
The contract is not assignable or transferable by The Customer and may not be suspended by The Provider. This agreement is not assignable or transferable by The Provider without the written consent of The Customer which can not be delayed or denied by bad faith.
8.3 Litigation and Mediation
The parties undertake to attempt to resolve, amicably, any dispute relating to this contract, including his signature, interpretation, performance, termination and post-contractual obligations.
The parties agree to use mediation. If mediation fails, the dispute will be brought before the competent court.
8.4 Section Titles
The titles introducing the different sections or clauses of this contract are only for ease of reading. The titles should in no way serve as an interpretation of some right tools, obligation or provision of this Agreement.
8.5 Representations; duplications
Each person applying this contract on behalf of either party represents this part and shall ensure that the person representing the other is duly accredited and authorized by it to act on its behalf, apply this contract and liability in respect of this contract.
8.5.1 Electronic transmission
The PARTIES agree that the Agreement may be sent by fax, email or similar means of communication. The PARTIES further agree that the reproduction of facsimile signatures, electronic signature or other similar authentication mode should be treated as an original, provided that each PARTY doing so should immediately provide upon request to all other copies PARTIES Contract with an original signature.
8.6 Governing Law
Any dispute relating to the validity, nullity, invalidity, interpretation, performance, breach, extension, interruption, cancellation or resolution of this contract shall be subject exclusively to law enforcement applicable in the Province of Alberta. For clarity, the parties expressly waive invoked in any court, quasi-judicial or arbitration or any authority whatsoever, in any jurisdiction whatsoever, any form of declinatory court or other clause or right to same effect on this contract.
8.7. Entire agreement
This contract and any other contract, agreement, understanding and annex to which it refers is the final expression, complete and exclusive terms of the contract between the parties with respect to the subject of this contract. This agreement supersedes any contract, agreement, understanding and current or former annex to which it makes no explicit reference. Neither party has entered into this contract on the basis of any contract, agreement, promise, guarantee or commitment other than those explicitly incorporated, described herein.
In witness whereof, the parties hereto have agreed for its implementation from The Customers first day of course signup and payment receipt by The Provider.