Workshop T&Cs
LTT SMARTCHART CONSULTING INC. (“LTT”), FREE WORKSHOP TERMS AND CONDITIONS
The following Terms & Conditions shall replace any prior or existing agreement between the parties, or previously issued terms & conditions, and shall apply to any existing arrangements currently operating between the parties. By completing a registration or booking form and/or attending any seminar with LTT SMARTCHART CONSULTING INC. (“LTT”, “we” or “us”) you hereby agree to be bound by the following Terms & Conditions including time-to-time amendments as may be necessary.
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Purpose
You wish to attend Events provided by LTT for purposes of training, in accordance with the terms and conditions contained herein.
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Definitions
In these Terms & Conditions unless a different intention is expressed, the following terms shall mean:
- “Events” means training courses provided by LTT, whether on an individual or group basis, and whether or not provided free of charge, as described on the registration or booking form.
- “Paid Ticket -Forex Fast Track” means a paid program that will discuss in detail the Trend Wave Strategy and its components
- “Force Majeure” means an event beyond the reasonable control of the affected party, which includes: (a) war, whether declared or not, revolution or any act of public enemies; (b) riot or civil commotion; (c) acts of God; (d) fire, flood, storm, typhoon, tempest, earthquake and wash away; or (e) act or restraint of any government or governmental authority.
- “Re-sit” means rescheduling of the training of the delegate, as approved by LTT.
- “Intellectual Property Rights” means patents, trademarks, service marks, designs, copyrights, database rights, design rights, applications for registration of any of the foregoing and the right to apply for them and all rights of like nature, arising or subsisting anywhere in the world in relation to all of the foregoing, whether registered or unregistered.
- “Materials” means any materials used, created, or distributed by LTT in connection with the Events.
- “Recordings” include still images, video, and audio recordings.
- “Start Day” means the day you are scheduled to attend an Event or the first day of an ongoing Event.
- “Participant” or “you” means the person, whose details are set out on the registration or booking form for an Event.
- “Consulting Fees” means the fees for the Event(s), as set out on the registration or booking form.
- “Working Day” means a day other than a Saturday, a Sunday or a holiday in Taguig City, Metro Manila, Philippines.
- Contact Information means your contact information you provided on your registration on LTT event
- Clause and paragraph headings shall not affect the interpretation of this Agreement.
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Price and Payment
- For and in consideration of the provision of the Paid Forex Fast Track program, you agree to pay the amount of TWO THOUSAND FIVE HUNDRED PESOS (Php2,500.00), inclusive of VAT.
- You have voluntarily registered or booked to attend the Event(s) as set out in this contract.
- You are only entitled to attend an Event if you have fully paid the applicable Consulting Fees by the date as specified on this contract which is prior to the Start Date. If we do not receive the Consulting Fees in full by the date specified on this contract prior to the Start Day, we reserve the right to refuse your entry to the Event.
- We accept payment by cash, cheque, credit card or debit card. You hereby authorize us to debit the total cost of your Consulting Fees for the Event(s) at the time of booking.
- Subject to clause 4.1, where an Event continues for a period of time and you fail to attend a session within that Event without providing a prior forty – eight (48) hours’ written notice of cancellation of your attendance (unless such failure is due to Force Majeure), you will not be able to undertake that session of the relevant Event at another time, unless you pay a twenty percent (20%) rejoining of the Consulting Fee. Where applicable, re-sits of all Events are subject to availability. You are eligible for 1 resit only to immediately following similar event.
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Liability
- LTT shall have no liability if it is prevented from or delayed in performing its obligations by acts, events or omissions beyond its control including, without limitation, Force Majeure or default of its contractors or suppliers. If LTT is prevented from performing its obligations under these Terms and Conditions for a period of 90 days or more, LTT shall, on written request, refund any Consulting Fees paid. 4.2. Under no circumstances, including negligence, will LTT be liable for any direct, indirect, incidental, special or consequential damages including, without limitation, business loss or damage such as loss of profits or anticipated savings. Where liability cannot be excluded, LTT’s liability shall be limited to an amount equal to the amount of Consulting Fees paid for the Event(s).
- You shall only be allowed a maximum period of Three (3) days from accepting this Contract, within which to complete payment of the Consulting or 5 days before the course date, whichever comes first. Failure on your part to effect full payment of the Consulting within the given period shall result in the forfeiture in favor of LTT of the fees you already paid.
- Upon full payment of the Consulting Fees, you are required to confirm and attend your course schedule. Failure on your part to confirm and attend your training schedule will result in the forfeiture in favor of LTT of fees already paid
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Dates, Presentation and Venues
- We reserve the right to alter dates, times, presentation, and venues of our Events if it is necessary to do so for reasons beyond our reasonable control such as Force Majeure. If, as a consequence of our alteration of the date, time, presentation or venue of an Event, you are unable to provide us with notice of cancellation in accordance with clause 3.5, we will provide you with an opportunity to reschedule that Event or the session of the relevant Event. We further reserve the right to alter the structure and content of the Events, at our discretion, without any liability whatsoever, provided that the changes do not fundamentally alter the nature of the Events.
- We reserve the right, at our discretion, to exclude any Participant from any Event (or any part thereof) for any reasonable cause.
- We reserve the right to alter dates, times, presentation, and venues of our Events including assigning a 3rd party company to deliver services due to Force Majeure, closure ordered by government authority etc.
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Confidentiality
- You agree to keep all information about LTT’s business, information obtained, Materials received during the Event (“Confidential Information”) strictly confidential.
- You agree not to disclose to third parties, reproduce, transmit, adapt, disseminate, distribute, load, post, transmit, store in a retrieval system, sell, modify or republish or otherwise use any of the Confidential Information without our prior written consent, other than those mandated by law.
- You acknowledge that the Materials contain Confidential Information and trade secrets belonging to LTT and you further acknowledge and agree that LTT has, owns, or otherwise possesses the rights to the copyright and Intellectual Property Rights in relation to the Confidential Information.
This clause 5 shall not apply in relation to information that (other than by breach of any duty of confidence) has come into the public domain; is obtained from a third party or was already known to the receiving party before these Terms and Conditions were entered into; or is required to be disclosed by order of a court of competent jurisdiction. Provided that, you shall immediately notify LTT of any request for disclosure or requirement and you shall not disclose such Confidential Information until LTT has had an opportunity to either seek a protective order or to otherwise seek to protect the Confidential Information.
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Intellectual Property
- LTT shall have sole right, title to, interest in and ownership of all Intellectual Property Rights in the Materials or Recordings or created in relation to the provision of any of its services .
- You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the Materials received during the Event
- In the event of any breach of the provisions under Section 6 hereof and all its sub-paragraphs, you hereby agree that LTT shall be entitled to recover damages from you in the amount of at least Five Hundred Thousand Pesos (Php 500,000.00) and attorney’s fees in the amount of at least Two Hundred Fifty Thousand Pesos (Php 250,000.00).
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Statutory Consumer Guarantees
- Where legislation implies consumer guarantees, warranties, or conditions or imposes obligations which cannot be excluded, restricted, or modified, except to a limited extent, these Terms and Conditions must be read subject to any such statutory provisions.
- If such statutory provisions apply, to the extent to which LTT is entitled to do so, the liability of each will be limited at LTT’s option to the supply of the services again, or the payment of the cost of having the services performed again.
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Liability
- LTT shall have no liability, if it is prevented from or delayed in performing its obligations, by acts, events or omissions beyond its control including, without limitation, Force Majeure or default of its contractors or suppliers. If LTT is prevented from performing its obligations under these Terms and Conditions for a period of 90 days or more, LTT shall, on written request, refund any Consulting Fees paid.
- Under no circumstances, including negligence, will LTT be liable for any direct, indirect, incidental, special, or consequential damages including, without limitation, business loss or damage such as loss of profits or anticipated savings. In the event that LTT is adjudged finally to be liable, LTT’s liability shall be limited to an amount equal to the amount of Consulting Fees paid for the Event(s), whichever is applicable.
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Warranties and Acknowledgements
- We warrant that our services will be provided with reasonable care. We do not make any other promises or warranties about our services.
- We shall not be liable for any warranties or representations unless they are clearly set out in these Terms and Conditions. All advertising material and all prior representations are hereby superseded by these Terms and Conditions except for any terms agreed in writing between you and us. This agreement contains the entire understanding between you and us and may not be modified unless in writing and signed by you and LTT.
- You hereby agree and acknowledge that:
- LTT is not a securities or foreign exchange dealer or broker or investment adviser. Any decision to invest in any financial or investment product is made by you alone. Should you decide to make investments, such activity is beyond the scope of LTT’s services and this Agreement. You must use a licensed financial adviser or broker should you wish to make investments. LTT does not recommend any specific investment, nor is LTT a financial adviser or broker.
- The Materials are only for the purposes of facilitating your participation in the Events.
- Any transaction or market information provided by LTT to you (“Investment Examples”) is provided as general information for illustrative purposes only and does not constitute and cannot be relied upon as a recommendation to trade. LTT makes no representation, warranty, or guarantee, and accepts no liability for, the accuracy or completeness of any such information, and you rely on such information at your sole risk. Price information pertaining to the Investment Examples is subject to market changes.
- You understand that currently, the Philippine Securities and Exchange Commission does not allow the registration of foreign exchange or the offering of the same, nor the registration of brokers for foreign exchange trading.
- You understand that no part of your payments to LTT shall be utilized as capital for forex trading, or to invest therein or in similar products, or as consideration for any securities, as the same only serves, which you fully acknowledge, as the fee for the training courses that you actively solicited for LTT to provide to you
- Prior statements made, whether in advertising materials of or during the free seminars conducted by LTT, regarding the viability of engaging in forex trading are not inducement for you to engage in forex trading. LTT’s primary objective is to educate you not only of the rewards that you can potentially receive but also of the risks involved in such kind of endeavor where luck or chance continues to be a big factor.
- You understand that all correspondences related to your enrollment will be sent to your Contact information on record. You agree to notify LTT immediately of any changes to your Contact information by sending email of change details to info@learntotrade.com.ph so LTT records can be updated accordingly. All correspondences sent to your contact information will be deemed accepted after 48hrs.
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Release for Recordings
- You hereby consent to LTT, its agents, authorized independent contractors or its nominees the making of Recordings during the Event(s), and acknowledge that you may be included in any such Recordings and that you will not be given any payment for their use.
- You hereby acknowledge that the Recordings are the exclusive property of LTT and LTT is the exclusive copyright owner. You shall have no claim, right or interest to any of the Recordings and you hereby grant permission to LTT to use any of said reproductions in any responsible manner, in whole or in part, individually or in conjunction with other materials, in any medium and for any purpose whatsoever, including, but not limited to, promotional materials and commercial purposes for the full duration of the copyright in the Recordings including any extensions or renewals of the copyright term and grant LTT the right if LTT so chooses to use your name in connection with any of the foregoing. You further hereby waive any right to inspect or approve the Recordings or their use (including, without limitation, any text which may accompany the Recordings).
- Nothing herein will constitute any obligation on behalf of LTT to make any use of the Recordings.
- You are STRICTLY PROHIBITED from making any recordings or screenshots during the Event(s) without our prior written permission. Violation of this provision may result to filing of civil and/or criminal prosecution against you
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Registration, Booking and Cancellation Policy
- You understand and agree that if you cancel your Forex Fast Track registration or booking after accepting this agreement, you may request for a refund subject to a Cancellation Fee of twenty percent (20%) of the Consulting Fees and the payment of the applicable bank charges, provided that all the following conditions are met:
- you make a written request for refund and send to info@learntotrade.com.ph within two (2) business days from the first payment date;
- you should be able to provide proof of entitlement/evidence for refund if need be;
- you have not confirmed booking on any available event date nor attended an Event; and
Save for Section 11.1, if you fail to attend the Events as scheduled or confirmed without our prior written consent, unless such failure is due to Force Majeure, you will not be entitled to a refund of any part of the Consulting Fees or Reservations fees already paid, you further note that where there are multiple elements to be provided within an Event, that you are unable to cancel any individual aspect of the Event.
The Company has the right to refuse the request for refund if the documents mentioned herein are not completely returned
- If your refund request is approved as set out in Clause 11.1, your refund will be processed upon complete submission of required documents including, but not limited to, proof of identification for entitlement of refund, conditional quitclaim, and Non-Disclosure Agreement, within thirty (30) to sixty (60) days.
- Save as set out above, cancellation or termination of this agreement shall be without prejudice to any rights which have accrued prior to such date. The rights and obligations contained in clauses 8 and 9 shall survive any termination or cancellation.
- LTT reserves the right to place all outstanding and overdue accounts to a debt collection agency.
- You understand and agree that if you cancel your Forex Fast Track registration or booking after accepting this agreement, you may request for a refund subject to a Cancellation Fee of twenty percent (20%) of the Consulting Fees and the payment of the applicable bank charges, provided that all the following conditions are met:
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Privacy
- 12.1. In order to provide you with our services, we need to collect personal information about you and obtain your agreement in relation to the handling of such personal information. If you do not provide the requested information or agree to the information handling practices detailed in these Terms & Conditions, we may be unable to provide the services outlined in these Terms & Conditions to you.
- 12.2. You shall ensure that all information provided to us are always accurate and up to date. Any changes must be advised to us as soon as practicable.
- 12.3. We have systems and processes in place to address privacy requirements, and can provide you with a Privacy Statement should you require further information about our information handling practices or you can access our Privacy Policy on our website at http://www.learntotrade.com.ph/privacy-policy/.
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Governing Law and Dispute Resolution
These Terms & Conditions shall be governed by and construed in accordance with the laws of the Republic of the Philippines. In the event of a dispute which remains unresolved after the lapse of 30 days from notice of dispute having been given by one party to the other party, any legal action which the complaining party may wish to pursue shall be subject to the exclusive jurisdiction of the competent courts in Taguig City, to the exclusion of all other courts or agency.
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Notices
All communications relating to these Terms & Conditions shall be in writing and shall be delivered to you by hand or sent by post, facsimile, or electronic mail at the relevant addresses, provided by you in the Registration Form, unless a different address is hereafter designated by you in writing to LTT through info@learntotrade.com.ph. Any such communication shall take effect if delivered, upon delivery; if posted, two business days after it is posted to the party’s last known address; if sent by facsimile, or electronic mail, at the time of transmission (and receipt of confirmation). Where the client is more than one person, any notice or other communication provided by LTT to one such person shall be deemed to have been provided to all such persons.
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Libel
- You hereby acknowledge that forums, blogs, community groups or social media posts that are public and maliciously impute a crime, vice or defect against LTT, whether real or imaginary, or any act, omission or condition, status or circumstance tending to cause dishonor, discredit or contempt of LTT is defined as the criminal act of libel under Art. 353 of the Revised Penal Code of the Philippines. Republic Act No. 10175 or “Cybercrime Prevention Act of 2012”, and other related laws and issuances
- In the event that LTT shall be forced to take legal action against you or your representative because of libelous social media posts, you hereby agree that LTT shall be entitled to recover damages from you in the amount of at least Five Hundred Thousand Pesos (Php 500,000.00) and attorney’s fees in the amount of at least Two Hundred Fifty Thousand Pesos (Php 250,000.00).
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Miscellaneous
- No failure or delay by either party in exercising any of its rights under these Terms and Conditions shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these Terms and Conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
- If any provision of these Terms and Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
- These Terms and Conditions are made for the benefit of the parties to them and are not intended to benefit, or be enforceable by, anyone else.
You authorize us to collect, use, store or otherwise process any personal information which enables us to provide and/or improve our services, subject to our Privacy Policy and Republic Act No. 10173 of the Data Privacy Act of 2012, its implementing rules and regulations, and other relevant issuances and regulations
Disclaimer:
LTT SMARTCHART CONSULTING INC. provides general information only. LTT does not provide personal advice and no individual needs or circumstances have been considered, nor is this an offer to buy/sell financial products or securities or foreign exchange. Financial products or securities are complex and entail risk of loss. You should always obtain professional advice from licensed brokers to ensure trading or investing in such products or for determining whether any of them is suitable for your circumstances. You should ensure you obtain, read, and understand any applicable offer or disclosure document before trading or acting upon any general advice provided in relation to any such products.