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EMQ TERMS & CONDITIONS

Terms and Conditions

1. By accepting the Terms and Conditions of EMQ Training Solutions Pty(Ltd) (hereinafter referred to as the “Seller”) a current or prospective Trader (the “Purchaser”) accepts and agrees to the content contained in this agreement.

2. EMQ Training Solutions Pty(Ltd) offers training on simulation to current and prospective traders for the purpose of trading on the global market.

3. For the purpose of training on simulation, EMQ Training Solutions Pty(Ltd) will introduce a trading platform to prospective traders.

4. EMQ Training Solutions Pty(Ltd), its employees, distributors or associates accept a paid invoice as a completed transaction.

5. Clients of EMQ Training Solutions Pty(Ltd) that decide to trade real, will enter into an agreement with the platform service provider and/or market maker.

6. EMQ Training Solutions Pty(Ltd) does not offer a qualification with completion of the training offered. Training offered merely serves as general guidance.

7. EMQ Training Solutions Pty(Ltd) does not guarantee or warrant that the use of any trading techniques or service provided will result into any particular outcome.

8. EMQ Training Solutions Pty(Ltd) provides additional support to its clients in the form of online training.

9. EMQ Training Solutions Pty(Ltd) has the right to terminate any of its services provided for any reason whatsoever.

10. Training with regards to the platform as well as theoretical training should be applied by trading on simulated trading only.

11. EMQ Training Solutions Pty(Ltd) has sole title and ownership of all Intellectual Property Rights created or developed in the provision of any of its services contained in any of its training material. Under no circumstances should portal login details be shared.IP address  Logins are traced by the application audit program.

Disclaimer

I acknowledge and understand that EMQ Training Solutions Pty(Ltd) offers training for the purpose of trading in the global market. All training takes place on simulation and I accept that the decision to trade real will be my own. I further understand that trading carries a high risk to my capital and agree to fully understand the risk involved before entering into real trading. I accept that the trading platform introduced to me by EMQ Training Solutions Pty(Ltd) is for the purpose of live training on simulation. I agree that as I make the decision to trade real, I enter into an agreement with the relevant service provider and/or market maker. I agree to keep all information about EMQ Training Solutions business method, information and training material received strictly confidential, not to disclose to third parties or use for commercial gain. Under no circumstances should portal login details be shared.IP address logins are traced by the application audit program.

Advice disclaimer

1.EMQ Training Solutions Pty(Ltd), it's employees, distributors or associates are not:

1.1. authorised financial services providers or render financial services in respect of financial products as defined in the Financial Advisory and Intermediary Services Act 2002 (“ the FAIS Act “)

1.2. authorised to render security services as those terms are defined in the Securities Services Act, 2004 (“ the SS Act “)

I hereby agree to accept all terms and conditions, unconditionally and agree not to claim against EMQ Training Solutions Pty(Ltd), it's employees, distributors or associates in the case where I experience a loss of capital by trading on the global market.


EXCO Affiliate Agreement

1.  By accepting the application, EMQ Dynamic Wealth Solutions (PTY) LTD  (hereinafter referred to as the “Business”) appoints the applicant as an Affiliate, and the applicant accepts such appointment on the terms and conditions contained in this contract and in the Business’s rules which are deemed to be incorporated in this contract and which the applicant acknowledges having perused.

2.  The appointment as an Affiliate shall be within the Business’s sole and absolute discretion and shall only become effective once the Business has accepted the application form by giving written notice of acceptance.

3.  Nothing in this appointment, whether expressed or implied, shall be construed as creating a relationship of employer and employee between the parties.  It is specifically recorded that the Affiliate is an independent contractor and not an employee of the Business and is, as such, not entitled to any of the benefits available to the Business’s employees.  The applicant shall acquire no rights in respect of redundancy of retrenchment against the Business and accordingly, no retrenchment procedures shall be followed or severance pay paid upon the termination of this appointment for any reason by the Business.  The applicant is furthermore not an agent of the Business and shall have no authority to bind the Business to any credit facilities either in the name of or on behalf of the business, without obtaining the prior written authority of the Business.

4.  The applicant indemnifies and holds the Business harmless against all claims, demands, fines, penalties, actions, proceedings, judgements, damages, losses, costs, expenses or other liabilities, caused, whether negligently or otherwise by the non-observance or non-compliance by the applicant or his/her duties and obligations in terms of this appointment or the Business’s rules.

5.  The intellectual property rights in respect of the Business’s products and marketing methods are and shall remain the exclusive property of the Business.

6.  The applicant acknowledges that:

6.1  For the duration of this appointment the applicant may be given access to and come into possession of trade secrets and confidential information, which is the property of the Business (“the confidential information").  For the purposes for this clause, the confidential information shall include, but shall not be limited to, the techniques, know-how, methods of marketing and trading, operating costs and names of subscribers and potential subscribers;

6.2   The unauthorised disclosure of the confidential information may give rise to irreparable damage to the Business;

6.3  Accordingly, the applicant undertakes, without limiting his/her obligations under common law, that:

6.3.1  any confidential information in his/her possession or under his/her control shall be maintained under conditions of strict confidentiality;

6.3.2  he/she shall not, directly or indirectly, use for his/her own benefit or for the benefit of any other person, any confidential information;

6.3.3  he/she will not disclose any confidential information to any other person without the prior written consent of the Business;

6.3.4  without the prior written consent of the Business, he/she will not use or copy any of the confidential information for any purpose other than for performing his/her obligations or exercising his/her rights in terms of this appointment;

6.4  The provisions of this clause shall survive termination of this appointment for any reason whatsoever.

7.  Subject to the provisions of clause 6, the business shall be entitled, by giving less than 30 (thirty) days written notice to the other, to terminate the appointment of the applicant.

8.  Notwithstanding anything to the contrary herein contained, the Business shall be entitled without prejudice to any rights that it may have including the right to claim damages from the applicant, summarily to terminate the appointment of the applicant by giving written notice to him/her if the applicant:

8.1  breaches any of the provisions of this appointment or fails to comply with the Business’s rules or code of conduct and fails to remedy such breach or failure within 7 (seven) days of written notice by the Business requiring the applicant to do so;

8.2  falsify any documents or records required by the Business, including but not limited to an application form;

8.3  commits any act which in the opinion of the Business, adversely affects or is reasonably likely to affect the goodwill or reputation of the Business or any of its employee’s, contractors or subscribers;

8.4  is sequestrated or liquidated, whether provisionally or finally;

8.5  commits any act which is described as an act of insolvency in terms of section 8 of act no 24 of 1936, as amended;

8.6  omits or commits any act by which the Business may or does suffer loss or damage.

9.  Should this appointment be terminated for any reason specified in clause 8.1 to 8.6 above, the applicant shall forfeit the right to receive any commission payments in terms of this appointment after its termination.

10.  The applicant undertakes that, for a duration of this appointment and for a period of 12 (twelve) months from the date of termination of this appointment, he/she will not, without the written consent of the company either directly or indirectly, persuade, induce or procure any employee of the Business or any subscribers or any other who occupied such position within the last 12 (twelve) months:

10.1  to become involved by or interested in any manner whatsoever in a field or activity in which the Business participates or;

10.2  to terminate his/her involvement or appointment as a subscriber with the Business

11.  The applicant acknowledges that the Business will suffer financial harm and loss if he/she breaches any provision of clause 10 and that without prejudice to any other rights the Business may have, the Business shall be entitled to:

11.1  enforce the restraint in question; and

11.2  terminate the applicants’ appointment as a subscriber and;

11.3  the Business may elect, be entitled to claim and recover from the applicant an amount to the extent that it is not prohibited from doing so by any law, to set off its claim against any amount due by it to the applicant, and he/she authorises the Business to do so.

12.  This appointment is made on a personal basis and the applicant shall not cede, transfer, assign, part with or alienate any of his or her rights, obligations or interests in terms of his appointment without the Business’s prior written consent.

13.  This appointment read with the Business’s rules, contains the entire agreement between the parties and neither parties shall be bound by any undertaking or warranties not recorded in this appointment.  No agreement varying, adding to, deleting from or cancelling this appointment shall be effective unless it is reduced to writing and signed by the Business.

14.  No indulgence granted by either party shall constitute a waiver of any of that those party’s rights under this appointment.  Accordingly, that party shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the other which it may have or which may arise.

15.  Both parties consent to the jurisdiction of the Magistrates Court Pretoria having jurisdiction in terms of section 45 of the Magistrates Court Act 1994, overall disputes and legal proceedings arising from this appointment, notwithstanding that the cause of action may otherwise fall outside the jurisdiction of such court.  Both parties may, however, elect to institute proceedings in their discretion any other court of competent jurisdiction.

16.  The Business shall be entitled to change the price for clients membership from time to time.  The Affiliate will receive notification prior to the change.

SUBSCRIPTION RULES (17-22)

(Without prejudice to previously installed rights for past benefits, the Business reserves the right to change these rules for future benefits at any time upon 30 day’s notice).

17.  The Business has the right to terminate this agreement if any external influence forces the Business to stop its business practice known as the EXCO Affiliate program. Example:  Any changes with regards to government laws (SARS, DTI, FSCA) etc. In such event, the appointment will terminate and the applicant shall forfeit the right to receive any commission payments in terms of this appointment.  Non-performance from the relevant Service Providers failing to pay the rebate to the Business

18.  Subscribers shall not send unsolicited advertisements of the Business’s product of services in the form of e-mails in violation of the laws of any jurisdiction.

19 The EXCO Affiliate will receive commission in the following manner:

19.1  New Introduction: 10% of the membership fee

19.2  Rebate: EXCO Affiliates will earn from the pool which forms a part of the total rebate received by the business as a percentage, in relation to the total amount of new members referred by the EXCO Affiliate.

19.3. EXCO Affiliates will be required to successfully refer one new member over a two month period to continue earning rebates from the pool.

19.4 EXCO Affiliates will be paid out monthly on presenting an invoice. Referral commissions and rebates combined need to calculate to a minimum of R 500 for payment to be affected. All commissions will be paid out as a net amount exclusive of VAT.                                                                                                                     

20.  Where possible, commissions will be paid out on the last day of each month, provided the Business has received an invoice from the Affiliate. The referral commission month will be from the 15th to the 15th of each month.

21.  Training with regards to the platform and products offered as well as theoretical training should be applied by trading on simulated trading only.

22.  By signing this agreement all previous agreements entered into by the business and any of its subsidiaries and the EXCO  Affiliate or client will be replaced by this agreement.