Terms and Conditions

These Terms and Conditions are effective as of October 1, 2019

3. Provision of the Courses

 

You agree that your order is an offer to buy, under these Terms of Use, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.


Upon accepting your order, The Better Traders Inc. grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Course(s) when you complete and submit the sign-up form  and only as permitted by these Terms of Use.


You acknowledge and agree that the form and nature of the Course(s) may change from time to time without prior notice to you.


You acknowledge and agree that we may stop (permanently or temporarily) providing the Course(s) (or any sections within the Course(s) to you or to users generally, at our sole discretion, without prior notice to you. You may stop using the Course(s) at any time in accordance with the terms of these Terms of Use.

 

4. Prices, Payment Terms and Refunds

 

    a.    All prices, discounts, and promotions posted on the Products or Services are subject to change without notice. The price charged for a product or service will be the price advertised on the Course, Product, or Service at the time the order is placed, subject to the terms of any promotions or discounts, your geographical location or residence, chosen payment method. You will be charged the price advertised at the time the order is placed, in accordance with the chosen frequency of payment (monthly, quarterly, semiannually, yearly etc.) until terminated as outlined under these Terms of Use.
    b.    If we increase our prices, that increase will only apply to purchases made after the date the increase comes into effect. The prices posted in the Course, Product, or Service may not include applicable discounts or taxes until the profile data in your Client Account is fully completed by you. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
    c.    Additional charges or taxes may be applied by your payment service provider, issuer bank or intermediary which are beyond our control.
    d.    You must initiate payment or unconditionally agree to advance debit for the charges related to the Course(s) or other products or services when submitting the order. If you do not complete this payment to our satisfaction, we will cancel your order.
    e.    You can use any available and the most convenient payment method currently available on the Better Traders website for all purchases. However, The Better Traders Inc. does not guarantee the availability of any payment method at any moment. The Better Traders Inc. may add, remove or suspend any payment method temporarily or permanently by its own discretion.
    f.    Any payments you make may be subjected to VAT (value added tax) with appropriate rate and in accordance with the law of jurisdiction you established. The Better Traders Inc. accrues and charges VAT for your payments basing on place you established, that is automatically determined by IP address of your device and/or manually provided by you to The Better Traders Inc. when entering billing address. If you disagree with the information that was determined automatically, you are obliged to provide us your billing address.
    g.    You represent and warrant that: (i) the payment information you supply to us and any payment service provider (“PSP”) we may use is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honoured by the issuer of your payment method, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the The Better Traders Website at the time of your order.
    h.    Unless otherwise required by law, we provide a 14 day refund or a credit. Due to the nature of the Course(s) as a digital product, no refunds are granted beyond the 14-day period as set forth in these Terms of Use and our Refund Policy at https://www.thebettertraders.com/refundpolicy. 

    i.    Coaching is available for a period of 30 days from the date of purchase.  A coach may at their discretion grant an extension to this period if there is deemed a valid reason why the course participant was not able to complete their coaching sessions within the set period of time.  Course participants must contact their coach a minimum of 3 days before the 30 day period ends if any extension is required.  The coach will then determine if an extension will be provided and notify the course participate. 
    j.    You understand that you are purchasing the Course(s) from The Better Traders Inc. via a PSP. Unless otherwise required by law, you are obligated to contact The Better Traders Inc. support service for any issues related to payment transactions before contacting the PSP or financial institution. You are not to open multiple disputes or submit multiple appeals to The Better Traders Inc. or elsewhere at the same time.

 

6. Use of the Course(s)

 

Your use of the Course(s) is subject to all applicable local, provincial and federal laws and regulations.

 

Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents (defined below) or any of our products and services for any purpose.


You agree that you will not use the The Better Traders Website and community spaces to:
    •    access content and data that is not intended for you;
    •    restrict disrupt or disable service to users, hosts, servers or networks or otherwise attempt to interfere with the proper working of the Course(e);
    •    promote or engage in any unlawful or illegal activities or internet abuse, including unsolicited advertising and spam;
    •    promote, upload, post, or otherwise make available any material that is abusive, harassing, obscene, vulgar, hateful, sexually explicit, invasive of another’s privacy, defamatory or otherwise objectionable or illegal, or that discriminates based on race, gender, religion, nationality, disability, sexual orientation, age, family status or any other legally protected class;
    •    upload, post or otherwise make available any material that contains viruses, worms, malware or other malicious software;
    •    upload, post, or otherwise make available any material that you do not have a right to make available or that infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any person. You shall be solely liable for any damage resulting from any infringement of the intellectual property of any third-party;
    •    engage in any activity that interferes with or disrupts the use of the Course(s) and Services provided, including but not limited to hacking or bypassing any measures we may use to prevent unauthorized access to the Course or Community Spaces;
    •    track, trace or harvest any information on the Services provided; or
    •    sell, distribute, copy, sub-license, loan, transfer, duplicate, reproduce, trade, resell, or otherwise monetize the Course(s) and Services provided without our consent.


You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which we may suffer) of any such breach.

 

7. Use of the Course(s) and Services through Mobile Devices

 

You may access and use the Software through a mobile device, including through a mobile application. You are solely responsible for any prerequisite software and hardware requirements and for any data charges and fees associated with accessing and using the Software through a mobile device.

 

8. Links to Third-Party Platforms


Use of certain links on the Course(s) will direct you to third party (including but not limited to Enterprise Partners) feeds, software, websites or mobile applications (collectively, “Third Party Platforms”). Such Third Party Platforms are not under the control of The Better Traders Inc., and The Better Traders Inc. is not responsible for the contents of any such Third Party Platforms or any link contained in such Third Party Platform. Links to Third Party Platforms included on the Software are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by us of any such Third Party Platform or the products or services or information offered therein. If you decide to access any Third Party Platform information linked to the Software, you do so entirely at your own risk. You acknowledge and agree that The Better Traders Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party Platform or information.

 

9. Privacy and Personal Information


By accessing or using the The Better Traders Website, you understand that we will collect and use certain information about you, including personal information. For more information about our collection, use, disclosure and protection of your personal information, please read our Privacy Policy at https://thebettertraders.com/privacy-policy. Questions or requests with respect to your personal information may be sent via email to support@thebettertraders.com

 

10. Ownership of Intellectual Property Rights


The contents of the Course(s) include, without limitation, all information, materials, design elements, text, images, photographs, illustrations, audio and video contents, artwork and graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term Course includes all of the Contents.


The Course together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the The Better Traders Website, is the exclusive property of The Better Traders Inc., and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with The Better Traders Inc., nothing in these Terms of Use gives you a right to use any of the Contents, The Better Traders’ trade-marks or other intellectual property of The Better Traders Inc. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Course(s) or contents of the Website to any party.


No information or statement contained in these Terms of Use or the Course(e) shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of The Better Traders or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Course(e), including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Course(e).


Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.

 

The limited rights granted to you under these Terms of Use may be revoked by us at any time for any reason whatsoever.

 

11. Third-Party Information

 

Any third-party content, data, information, or publications made available through the The Better Trader Services and Course(e) are furnished by us on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties are those of the respective author(s) or publisher(s), Enterprise Partner(s), and not of The Better Traders Inc. THE BETTER TRADERS DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

 

12. Warranty Disclaimer

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF THE COURE(S), SERVICES AND PRODUCTS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE”. THE BETTER TRADERS, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, ENDORSEMENTS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY, ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES AND PRODUCTS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE.


THE BETTER TRADERS INC. PROVIDES NO WARRANTIES OR REPRESENTATIONS REGARDING THE COURSE(S) AND SERVICES INCLUDING BUT NOT LIMITED TO THAT (I) THE COURSE(S) WILL MEET YOUR REQUIREMENTS; (II) THE COURSES WILL BE UNINTERRUPTED, TIMELY, SECURE OR DEFECTS-FREE; OR (IV) THAT ANY AS WELL-KNOW AS STILL NOT DETECTED DEFECTS WILL BE CORRECTED.


WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SOFTWARE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SOFTWARE AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BETTER TRADERS, ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE BETTER TRADERS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD PARTY PLATFORM LINKED TO IT.

13. Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE BETTER TRADERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE COURE(S) AND SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.
THE BETTER TRADERS MAXIMUM AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO $100.00.
THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

 

14. Indemnification


To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless The Better Traders, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Use or your use of the Services, including, but not limited to, your submissions, Third Party Platforms, any use of the Content, services, and products other than as expressly authorized in these Terms of Use.

 

15. General

 

    1.    These Terms of Use, including the Privacy Policy and any other URL incorporated by reference in these Terms of Use constitute the entire agreement between you and The Better Traders Inc. relating to your use and our provision of the Services and Course(s).
    2.    The parties agree that if a party does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which it has the benefit of under any applicable law), this will not be taken to be a formal waiver of its rights and that those rights or remedies will still be available to the party.
    3.    If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
    4.    The parties hereto confirm that they have requested that these Terms of Use and all related documents be drafted in English. Any translation hereof has been provided for information purposes only and does not have any legal value nor create any contractual relationship between the parties. Les parties aux présentes ont exigé que la présente entente et tous les documents connexes soient rédigés en anglais. Toute traduction de celle-ci est non-officielle, est fournie à des fins d’information seulement et ne crée aucun lien contractuel entre les parties.
    5.    The relationship between the parties is that of independent contractors. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
    7.    These Terms of Use will be governed by and construed in accordance with the laws of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule (whether of the laws of Quebec or any other jurisdiction) and notwithstanding your domicile, residence or physical location. Any action or proceeding arising out of or relating to the Services or these Terms of Use will be instituted in the courts of Quebec and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
    8.    You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this subsection is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.
    9.    Notices.

  •     1.    To You. We may provide any notice to you under these Terms of Use by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the The Better Traders Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current and check for incoming messages regularly.
  • To Us. To give us notice under these Terms of Use, you must contact us by email at support@thebettertraders.com

    10.    To request the consent of The Better Traders Inc. for any of the actions for which such consent is required under these Terms of Use, please send an email to support@thebettertraders.com. The Better Traders Inc. reserves the right to refuse any such requests in its sole discretion.

 

 

THE BETTER TRADERS INC.

1100-1200 McGill College Avenue
Montreal QC H3B 4G7
Canada

PRIVACY POLICY TERMS OF USERETURN POLICYAFFILIATE PROGRAM