Alianne Asset Management Group Ltd. (“Alianne Trading Academy”, “we”, “us” or “our”) provides an educational trading program under our subset of Alianne Trading Academy to the general public at large in order to educate those who are interested, acquire market knowledge, and insight that can be used to define an edge in the market. The Order Form (the “Order Form”) sets forth the services being purchased by the student (“you”, “your”, “student” or “Student”), who has requested our services and agreed to this terms of service by joining the academy and making their payment on the Form. Students understand that upon joining the academy and making a purchase to start class sessions that we do not offer a refund for our educational programs and that they will be expected to attend the class sessions they choose. Once a class session is selected, students will not be allowed to change class sessions for their respective cohorts and it will be at the sole discretion of Alianne Trading Academy to determine if a student is allowed to be admitted to another session other than the session that they chose and agreed to attend inside of their student dashboard.
These terms of service (the “Terms”) are incorporated by reference into and made a part of any Order Form and govern the relationship between you and Alianne Trading Academy. All Order Forms are subject to acceptance by Alianne Trading Academy, in its sole discretion. The Order Form, the Terms, and any documents or links referenced in such documents are together referred to as the “Agreement”.
Please read the following terms carefully. Except as otherwise provided in Section 13 (Dispute Resolution and Arbitration), these Terms provide that all disputes between you and Alianne Trading Academy will be resolved by binding arbitration and you agree to give up your right to go to court to assert or defend your rights. Except as otherwise provided in Section 13 (Dispute Resolution and Arbitration), your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as part of a class action. Please review Section 13 (Dispute Resolution and Arbitration) below for the details regarding your agreement to arbitrate disputes with Alianne Trading Academy.
1. Elements of the Service
The “Service” means the Alianne Trading Academy teaching sessions and ongoing coaching after the classroom mentoring sessions as detailed on our Benefits page(https://edu.alianneasset.com/benefits). The Service includes, 4 classroom teaching sessions with homeworks, service help that is available during the program, and lesson overview study aids to aid in retaining the information. For those in the Elite program, there is ongoing coaching that is provided 6 months post graduation.
2. Responsibilities of the Parties
i. Anti-Discrimination Policy
At Alianne Trading Academy we strive to create an environment where people are equally valued and where we and our Students work together to do our part to help end discrimination. As a result, Alianne Trading Academy has adopted an anti-discrimination policy that includes our Students. Alianne Trading Academy will not tolerate Students who engage in extreme examples of blatant discrimination or verbal aggression in their interactions with Alianne Trading Academy employees and/or publicly on social channels. This includes discrimination against or verbal aggression towards any race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person. Violation of this policy by you can qualify as a breach of this Agreement.
3. Content
i. Students may provide content to Alianne Trading Academy for use in Alianne Trading Academy’s provision of the Service, including but not limited to photos, images, data, text, and other types of works (“Content”). Student retains copyright and any other proprietary rights that Student may hold in the Content that Student provides to Alianne Trading Academy. By providing Content, Student hereby grants Alianne Trading Academy a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute Student’s Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
ii. Student is solely responsible for any Content that Student provides, and for the consequences of posting or publishing such Content. By providing Content, Student affirms, represents, and warrants that:
◼ Student is the creator and owner of, or has the necessary licenses, rights, consents, and permissions, to use and to authorize Alianne Trading Academy to use and distribute Student’s Content as necessary to exercise the licenses granted by Student in this Section 3 and in the manner contemplated by Alianne Trading Academy, the Service, and these Terms; and
◼ Student’s Content, and the use of Student’s Content as contemplated by these Terms, does not and will not:
(i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person;
or (iii) cause Alianne Trading Academy to violate any law or regulation.
4. Ownership
i. Student
Students will retain exclusive ownership of all rights, title and interest in and to all Content which Student provides to Alianne Trading Academy for the provision of the Services, subject to the rights granted to Alianne Trading Academy herein.
5. Fees
In connection with Student’s use of the Service and pursuant to Alianne Trading Academy’s acceptance of the Order Form, Student will pay to Alianne Trading Academy the applicable fees set forth in the Order Form.
i. Implementation Fees
Each party will provide the other with reasonable cooperation, assistance, information and access as may be necessary to initiate Student’s use of the Service. Alianne Trading Academy will provide non-refundable educational services to Students to the extent set forth in this agreement.
ii. Billing Subscriptions(Flexible payment option)
There are three options regarding billing subscriptions:
◼ Weekly Billing Subscription: A four-week term in which you are billed a portion (1/4) of half of the total program cost value on a monthly basis.
iii. Discounts
Alianne Trading Academy may from time to time, in its sole discretion, provide special promotions or discounts.
iv. Manner of Payment
You will pay for all amounts payable under this Agreement either by credit card (the “Student Card”), by electronic debit from your bank account (“ACH”)(Not currently available), or such other form of payment as Alianne Trading Academy may, in its sole discretion and with prior approval, permit (included but not limited to payment by check) or require. You will be required to agree to the applicable payment authorization form(s), which also permits Alianne Trading Academy to recover any Promotional Credits (as set forth above) in the authorized manner. In the case of payment through ACH, no amounts owing are considered paid until the electronic debit has been received by Alianne Trading Academy’s bank.
v. Timing of Payment
Fees, as identified on the Order Form, are due as indicated on the Order Form and in accordance with Student’s billing subscription plan. Alianne Trading Academy will have the right to charge the Student Card or debit from your account through ACH for fees in accordance with these Terms. By providing Alianne Trading Academy with your payment information, you agree that Alianne Trading Academy is authorized, to the extent permitted by applicable law, to immediately charge such payment method for all fees and charges due and payable to Alianne Trading Academy hereunder and that, except as required by applicable law, no additional notice or consent is required. You agree to immediately notify Alianne Trading Academy of any change in the payment information used for payment hereunder. You understand and acknowledge that all amounts owed must be paid in advance and that if timely payment is not received, in addition to being in breach of your contractual obligations and terms of service, the Service may be paused or terminated. Any amounts not paid by you when due may bear interest at the rate of 1.5% per month (or the highest rate permitted by law). You agree to pay all costs of collection, including attorney’s fees and costs and all other legal and collection expenses incurred by Alianne Trading Academy in connection with its enforcement of its rights under these Terms.
Term and Termination
i. Term
This Agreement will continue for the period of the selected classroom session by the Student and for the duration of the coaching sessions if applicable beginning at the time that payment was made by the student (the “Initial Term”).
ii. No Early Termination; No Refunds
The subscription term in effect will end on the last week of class room session if not paid before that time and you cannot cancel it before its expiration. We do not provide refunds if you decide to stop using the subscription that we provide using our flexible payment option during your subscription term.
iii. Suspension for Non-Payment
We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any portion or all of the Service immediately after such notice. If your Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Service and admit you into a new classroom session.
7. Publicity
You agree that Alianne Trading Academy may, during and after the Term of this Agreement, include your name (including any applicable trade name, trademark, service mark or logo) on Alianne Trading Academy’s Student list, and in its marketing materials, sales presentations and any online directories that Alianne Trading Academy may, from time to time, publish.
8. Confidentiality
i. Confidential Information
Each party acknowledges that it will have access to certain confidential information of the other party concerning the other party’s business or practice, plans, technology, and products (“Confidential Information”). Each party will not use in any way, for its own account or the account of any third party, except as expressly permitted by this Agreement, nor disclose to any third party (except as required by law or to that party’s attorneys, accountants and other advisors as reasonably necessary), any of the other party’s Confidential Information and will take reasonable precautions to protect the confidentiality of such information. Information will not be deemed Confidential Information if such information: (i) is known to the receiving party prior to receipt from the disclosing party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (ii) becomes known (independently of disclosure by the disclosing party) to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the receiving party; or (iv) is independently developed by the receiving party.
ii. Confidentiality of Agreement
Each party agrees that the non-public terms and conditions, but not the existence, of this Agreement will be treated as the other’s Confidential Information; provided, however, that each party may disclose such terms and conditions of this Agreement: (i) as required by any court or other governmental body; (ii) as otherwise required by law; (iii) to legal counsel of the parties; (iv) in connection with the requirements of a public offering of securities filing; (v) in confidence, to its employees and agents and to its professional advisors such as accountants, banks and financing sources; (vi) in confidence, in connection with the enforcement of this Agreement or rights under this Agreement; or (vii) in confidence, in connection with a merger or acquisition or proposed merger or acquisition, or the like.
9. Representations and Warranties; Disclaimer
i. Mutual Representations and Warranties
Each party represents and warrants to the other that: (i) this Agreement has been duly entered into and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; (ii) no authorization or approval from any third party is required in connection with such party’s entering into or performance of this Agreement; and (iii) the entering into and performance of this Agreement does not and will not violate the laws of any jurisdiction or the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.
ii. Disclaimer
EXCEPT AS EXPRESSLY SET FORTH ABOVE, Alianne Trading Academy MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AND Alianne Trading Academy EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Alianne Trading Academy DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT OPERATION OF THE SERVICE WILL EXPRESSLY LEAD STUDENTS TO GAIN THE RESULTS THAT HAVE BEEN ACQUIRED IN THE PAST AS EVERY SITUATION IS UNIQUE. STUDENT HEREBY ACKNOWLEDGES AND AGREES THAT STUDENT ALONE SHALL BE RESPONSIBLE FOR ENSURING THAT STUDENT’S TRADING IS PROFITABLE BY FOLLOWING THE CORRECT PRINCIPLES OF WHAT WAS THOUGHT IN THE PROGRAM AND TO BE AVAILABLE AT THE TIMES WHEN THERE ARE OPPORTUNITIES PRESENT IN THE MARKET AND TO CAPITALIZE ON THOSE OPPORTUNITIES.
10. Limitation of Liability
Alianne Trading Academy WILL NOT BE LIABLE TO THE Student FOR ANY LOST PROFITS, COST OF COVER, LOSS OF DATA, INTERRUPTION OF BUSINESS OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF Student IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE AND (II) Alianne Trading Academy'S TOTAL LIABILITY UNDER OR ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNTS PAID TO Alianne Trading Academy BY Student FOR THE PROGRAM PRIOR TO THE INCIDENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Dispute Resolution and Arbitration
i. Generally
Except as provided in subsection ii. below, any and all disputes, controversies, or claims arising out of or relating to the Service, this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Fulton County, Georgia. The arbitrator shall apply the laws of the State of Georgia to all issues in dispute. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Legal fees shall be awarded as provided by the arbitrator.
ii. Exceptions
Despite the provisions of this Section 13, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through an applicable federal, state, or local agency if that action is available; (c) seek emergency injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
iii. No Class Actions
Each party may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Alianne Trading Academy agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the State or Federal Courts located in Fulton County, Georgia. All other claims shall be arbitrated in accordance with this Section 13.
12. Miscellaneous
Except for the obligation to pay money, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet, provided that the delayed party: (i) gives the other party prompt notice of such cause, and (ii) uses its reasonable commercial efforts to correct promptly such failure or delay in performance. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Georgia (except that body of law controlling conflicts of law). Subject to Section 13, the parties hereby agree and submit to the sole and exclusive jurisdiction of the state and federal courts located in Fulton County, Georgia for any litigation brought in a court under this Agreement. Neither party may assign this Agreement without the prior written consent of the other party, except that Alianne Trading Academy may freely assign this Agreement as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its business or assets without the prior consent of Student. Any attempted assignment or delegation in violation of the foregoing will be void. This Agreement will bind and inure to the benefit of each party’s successors and permitted assigns. Alianne Trading Academy may, without your consent, subcontract to any party the performance of all or any of Alianne Trading Academy’s obligations under this Agreement provided that Alianne Trading Academy remains primarily liable for the performance of those obligations. Except as otherwise provided herein, any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid to the address for the applicable party as furnished in writing by either party hereto to the other. Alianne Trading Academy’s address for notice is: Alianne Trading Academy, Juris Building Main Street, Charlestown, Nevis, Attn: General Counsel, and by email to: edu@alianneasset.com. Such notice will be deemed to have been given as of the date it is delivered, mailed or sent, whichever is earlier. Alianne Trading Academy and Student are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Alianne Trading Academy and Student. Neither Alianne Trading Academy nor Student will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein. This Agreement, including all documents and terms incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter. In the event of a conflict between these Terms and the terms and conditions in an Order Form or the Benefits page, the terms and conditions of this Terms of Service Agreement will prevail. Notwithstanding anything to the contrary herein, these Terms are subject to change by Alianne Trading Academy on a going-forward basis in its sole discretion at any time. When changes are made to these Terms, Alianne Trading Academy will make a new copy of the modified Terms available on the Services and will also update the “Last Updated” date at the top of the Terms. Any changes to the Terms will be effective immediately for new Students and will be effective for continuing Students upon the earlier of: (i) thirty (30) days after posting notice of such changes on the Services for existing Students; (ii) thirty (30) days after dispatch of an e-mail notice of such changes to you; or (iii) you providing consent to the updated Terms in a specified manner, as applicable. Unless otherwise stated, your continued use of the Services constitutes your acceptance of such change(s). If you do not agree to any change(s) after receiving a notice of such change(s), then, notwithstanding anything to the contrary herein, your sole recourse is to terminate the Agreement, effective as of the end of the then current Initial Term or Renewal Term, by providing Alianne Trading Academy written notice of termination prior to your continued use of the Services. Please regularly check the Services to view the then-current Terms. Notwithstanding the foregoing, if the parties have not amended this Agreement to address a law or final regulation that becomes effective after the date that the parties enter into this Agreement and that is applicable to this Agreement, then upon the effective date of such law or regulation (or any portion thereof) this Agreement shall be amended automatically and shall incorporate such new or revised provisions as are necessary for this Agreement to be consistent with such law or regulations, and for both parties to be and remain in compliance with all applicable laws and regulations. Except as expressly provided in this Section 14, this Agreement may be amended only in writing executed by both parties. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. Except as expressly provided in subsection 13(iii), if any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
