Terms and Conditions

Key Zone Traders


Terms and Conditions for the Supply of Digital Content and Services 


























CONTENTS

____________________________________________________________

CLAUSE

  1. These terms1
  2. Information about us and how to contact us1
  3. Our contract with you1
  4. Disclaimer. 2
  5. Intellectual Property 2

By using our products, you acknowledge that any and all associated intellectual property rights (including but not limited to any copyright and neighbouring and related rights, trade marks, rights to use, rights relating to confidential information, and all other intellectual property rights, in each case whether registered or unregistered), shall remain our sole property and we are agreeing to grant you a licence to use our products for the duration of this agreement, such licence being be non-exclusive and non-transferable. You acknowledge that you cannot copy, transfer or use the products otherwise than in accordance with these terms.2

  1. Your rights to make changes2
  2. Our right to make changes3
  3. Providing the products3
  4. Suspension of Products4
  5. Your rights to end the contract4
  6. How to end the contract with us (including if you have changed your mind)6
  7. Our rights to end the contract6
  8. If there is a problem with the product7

  1. Term8
  2. Price and payment8
  3. Our responsibility for loss or damage suffered by you9
  4. How we may use your personal information10
  5. Other important terms10

SCHEDULE

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These terms

What these terms cover. 

    1. These are the terms and conditions on which we supply our services or digital content to you (‘our products’). By agreeing to these terms, you acknowledge that they constitute the entire agreement between us. 

Why you should read them. 

  1. 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. If you think that there is a mistake in these terms, please contact us to discuss. 

Information about us and how to contact us

    1. We are Key Zone Traders Limited, an online trading education company providing courses and materials for educational purposes. We are a company registered in England and Wales under company registration number 13361884 and our registered office is at 15 Oak Drive, Higham, Rochester, England, ME3 7BD.
    2. You can contact us by writing to us at email support@keyzonetraders.com, or by filling out the form in the Contact on our website available here.
    3. If we have to contact you, we will do so by telephone or by writing to you at the email address you provided to us in your order. 
    4. When we use the words "writing" or "written" in these terms, this includes emails.

Our contract with you

    1. By contacting us to sign up for our services, you are agreeing to our terms and conditions as well as those of our third party providers (such as Discord, when you access our channels). By filling out and sending us the sign up form on our website, you are sending us an order for the products described in the sign up form e. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. 
    2. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the our products. This might be because of unexpected demand on our services, or limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the products you wish to sign up for. 
    3. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about our products.
  1. Our website is solely for the promotion of our products, as described from time to time. Unfortunately, we cannot guarantee the suitability of our products to certain areas unless otherwise specified.

Disclaimer. 

  1. As detailed in the disclaimer portion of our website, the information provided as part of our products is for educational purposes only and does not constitute financial advice. You must be aware that trading involves a high degree of risk, and you should obtain separate legal and financial advice if that is what you require. 

Intellectual Property 

  1. By using our products, you acknowledge that any and all associated intellectual property rights (including but not limited to any copyright and neighbouring and related rights, trade marks, rights to use, rights relating to confidential information, and all other intellectual property rights, in each case whether registered or unregistered), shall remain our sole property and we are agreeing to grant you a licence to use our products for the duration of this agreement, such licence being be non-exclusive and non-transferable. You acknowledge that you cannot copy, transfer or use the products otherwise than in accordance with these terms.

Your rights to make changes

    1. If you wish to make a change to the product you have ordered, such as switching to a different course or adding a service or different digital content, please contact us. We will let you know if the change is possible.
    2. If it is possible we will let you know about any changes to the price of the product, 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. 
  1. 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 10 - Your rights to end the contract).

Our right to make changes

We may change the product: 

      1. to reflect changes in relevant laws and regulatory requirements, for example updating the content of our teaching materials to comply with updates to laws and legislation, or updating our services to comply with data protection regulations; and 
    1. to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
      1. In addition, as we informed you in the description of the product on our website, we may make the following changes to the product, but 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:
      2. A certain service or provider (such as a speaker or lecturer) may be unavailable, in which case we will reschedule the service or offer a substitute service or provider;
    2. Certain content within the course material may be updated from time to time to ensure its accuracy and suitability. 
  1. 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. 

Providing the products

We will provide the products as follows: 

      1. If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
    1. If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods 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 10 or we end the contract by written notice to you as described in clause 12.
    2. 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. 
  1. We may need certain information from you so that we can supply the products to you, such as your email address. If you do not give us this information when sending your order, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.2 will apply). 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. 

Suspension of Products

      1. We may have to suspend the supply of a product to:
      2. deal with technical problems or make minor technical changes;
    1. update the product to reflect changes in relevant laws and regulatory requirements;

make changes to the product as notified by us to you (see clause 7).

    1. 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 for longer than three months in any one year 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 three 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.
  1. If you do not pay us for the products when you are supposed to (see clause 15.4) and you still do not make payment within 14 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 suspend the products where you dispute the unpaid invoice (see clause 15.5). 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 1.1).  

Your rights to end the contract

      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:
      2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2;
      3. If you have just changed your mind about the product, see clause 10.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; 
    1. In all other cases (if we are not at fault and there is no right to change your mind), see clause 10.6.
      1. If you are ending a contract for a reason set out at (a) to (e) below, for something we have done or are going to do, 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:
      2. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 7.2);
      3. 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;
      4. there is a risk that supply of the products may be significantly delayed because of events outside our control; 
      5. 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 3 months; or

you have a legal right to end the contract because of something we have done wrong.

    1. 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. 
      1. You do not have a right to change your mind in respect of:
    2. digital products after you have started to download or stream these; 

services, once these have been completed, even if the cancellation period is still running;

      1. How long you have to change your mind depends on what you have ordered and how it is delivered.
      2. Have you bought services (for example, one of our online courses)? If so, you have 14 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.
    1. Have you bought digital content for download or streaming (for example, our teaching materials)? 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.
  1. Even if we are not at fault and you do not have a right to change your mind (see clause 10.1), 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 one 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. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 3 March. We will only charge you for supplying the product up to 3 March and will refund any sums you have paid in advance for the supply of the product after 3 March.

How to end the contract with us (including if you have changed your mind)

    1. To end the contract with us, please let us know by emailing us at support@keyzonetraders.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. 
    2. 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.
    3. If you are exercising your right to change your mind, 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.
  1. 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 14 days of your telling us you have changed your mind.
      1. Our rights to end the contract

We may end the contract for a product at any time by writing to you if:

      1. you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
      2. 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, for example, your email address;

you do not, within a reasonable time, allow us to deliver the products to you; 

    1. you may be removed from the public forums, cooperation areas or Discord channels if your behaviour is deemed to be abusive or disruptive by the moderators of those public forums, areas or channels; in this case, you will continue to have access to the written digital content and other services as appropriate.
    2. If we end the contract in the situations set out in clause 12.1 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.
  1. We may write to you to let you know that we are going to stop providing a 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. 

If there is a problem with the product

    1. If you have any questions or complaints about the product, please contact us. You should write to us at support@keyzonetraders.com or on the contact form on our website, found here.

We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

  1. If your digital content is faulty, you're entitled to a repair or a replacement.
  2. If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. 
  3. If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

See also clause 10.3.

If your product is services, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.

b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

  1. Term
    1. If you have bought services (for example, one of our online courses and ongoing webinars), then the contract term will be one month, which will be automatically renewed every month unless you notify us of your wish to cancel the services. 
    2. If you have bought digital content for download or streaming (for example, our teaching materials), the contract term ends when the digital content has been supplied to you and you have made full payment for the same. 
  2. Price and payment
    1. The price of the product (which includes VAT) 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 15.3 for what happens if we discover an error in the price of the product you order. 
    2. If the rate of VAT 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.
    3. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. 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 or deletion of any digital content provided to you.
    4. We accept payment PayPal and Stripe. When you must pay depends on what product you are buying:
      1. For digital content, you must pay for the products before you download them.
      2. For services, you must make an advance payment of the price of the services, before we start providing them, and you must continue to make monthly payments in order to retain access to the services. You will need to ensure that you have set up a monthly recurring payment for the sum described in your order, to be paid to us in advance of each due date. Our third party payment provider will send you an automated email confirming receipt of your monthly payment and this shall act as your proof of payment. 
    5. If you think an invoice or payment is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  3. Our responsibility for loss or damage suffered by you
    1. 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.
    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 and for defective products under the Consumer Protection Act 1987.
    3. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    4. We only supply the products for 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.
  4. How we may use your personal information
    1. How we may use your personal information.  We will only use your personal information as set out in our  Privacy Policy.
  5. Other important terms
    1. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. 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.
    2. You cannot transfer your rights or your obligations under these terms to another person.
    3. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. 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.
    5. 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.
    6. 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.
  1. Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To Key Zone Traders Limited 

15 Oak Drive, Higham

Rochester, England

ME3 7BD

Email: support@keyzonetraders.com 


I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]:

[Customer number [*]:]

Name of consumer(s): 

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date

[*] Delete as appropriate


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