Legal

These are all the terms and conditions on which we supply our services to you of teaching you in a class-room environment how to trade securities, other investment products and commodities (Courses). Please read these terms and conditions carefully and make sure that you understand them, before signing-up to any Courses You should understand that by signing-up to any Course, you agree to be bound by these terms and conditions.

Information about us

We operate the website www.instructusmarkets.com (our website). We are Instructus Markets Limited, a company registered in England and Wales under company number 07856842 and with our registered office at Lincoln Lodge, Pines Road, Bromley, Kent, BR1 2AA. We hold our Courses at other venues.

Your status

By placing an order, you warrant that:

(a) you are legally capable of entering into binding contracts; and

(b) you are at least 18 years old.

How the contract is formed between you and us

After placing an order, you will receive an e-mail from us that confirms your place on the Course (Purchase Confirmation). The contract between us will only be formed when we send you the Purchase Confirmation.

Refunds and cancellation

1.2 You may cancel a Contract at any time within seven working days, beginning on the day after you received the Purchase Confirmation.

1.3 To cancel a Contract, you must inform us in writing by sending an email to contact@instructusmarkets.com. If we are satisfied that you have the right to cancel we will send you an email confirming the cancellation of your purchase (Cancellation Confirmation) and the Fee will be refunded in full.

Price and payment

1.4 The price of the Courses will be as quoted on our Website from time to time, except in cases of obvious error.

1.5 Course prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Course in full before the change in VAT takes effect.

1.6 Course prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Purchase Confirmation.

1.7 Payment for all Courses must be by credit or debit card. The amount paid by you for the Course is referred to as the Fee.

Warranty

We warrant that we will provide the Course and all our other services with reasonable care and skill. We give no further warranties, promises or representations. In particular, we do not promise, warrant, guarantee any particular results from your trading. In booking or attending any Course you accept and acknowledge that by its nature, trading is very risky and you may lose all monies you place at risk and, in relation to spread-betting and other forms of trading or gambling, you may incur liabilities in addition to losing such monies.

Our liability

1.8 Subject to clause 7.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the amount of the Fee.

1.9 Subject to clause 7.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories:

(a) loss of capital;

(b) incurrence of liabilities;

(c) loss of income or revenue;

(d) loss of business;

(e) loss of profits;

(f) loss of anticipated savings, winnings, returns, interest;

(g) loss of data; or

(h) waste of management or office time.

However, this clause 7.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 1.9.

In addition, we will not be liable for the products, work or services of any persons who we introduce to you

1.10 Nothing in this agreement excludes or limits our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

7.4 You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any action taken by you as a consequence of your attending any of our Courses.

Indemnity

You shall indemnify us, our officers and staff and other attendees on our Courses against all liabilities, costs, expenses, damages and losses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us or them arising out of or in connection with any breaches of your duty (which you hereby accept) to behave on our Courses and in relation to us and them at all times in a professional and appropriate manner. We reserve the right to ask you to leave our Courses in the event that your behaviour is inappropriate in the opinion of the person or persons running the Course.

Notices

All notices given by you to us must be given to Instructus Markets Limited in writing or by email to contact@instructusmarkets.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations

1.11 The contract between you and us is binding on you and us and on our respective successors and assignees.

1.12 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

1.13 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Events outside our control

1.14 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

1.15 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

(e) impossibility of the use of public or private telecommunications networks;

(f) the acts, decrees, legislation, regulations or restrictions of any government; and

(g) pandemic or epidemic.

1.16 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

1.17 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

1.18 A waiver by us of any default will not constitute a waiver of any subsequent default.

1.19 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause above.

Severability

If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

Entire agreement

1.20 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

1.21 We each acknowledge that, in entering into a Contract, neither of us relies on[, or will have any remedies in respect of,] any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

1.22 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

1.23 Nothing in this clause limits or excludes any liability for fraud.

Our right to vary these terms and conditions

1.24 We have the right to revise and amend these terms and conditions from time to time.

1.25 You will be subject to the policies and terms and conditions in force at the time that you order Courses from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Courses).

Law and jurisdiction

Contracts for the purchase of Courses through our Website or otherwise and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

Third party rights

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

Disclaimer

All information contained on this website (and in any forums, blogs, round-ups and news updates provided through this website) is given without any warranty, promise or representation of any kind whatsover.  Whilst we provide our courses and all our other services with reasonable care and skill (and in booking any course you agree to accept our terms and conditions (www.instructusmarkets.com/legal), we do not promise, warrant, guarantee any particular results from your trading.  In booking or attending any Course you accept and acknowledge that:

(i) we will not advise you what or when to buy, sell, invest or otherwise deal;

(ii) the advice we will give you is only aimed at encouraging you to a good understanding of the practicalities of how to trade;

(iii) by its nature, trading is very risky, requiring sophisticated levels of understanding, knowledge, information and a variety of strategies for it to be profitable; and

(iv) you may lose all monies you place at risk and, in relation to pread-betting and other forms of trading or gambling, you may incur liabilities to pay further monies or provide capital in addition to losing such monies.

We are not regulated by or registered with the Financial Services Authority or authorised or otherwise permitted to carry out any investment business or other regulated activity.

Instructus Markets is the trading name of Instructus Trading.