Terms and Conditions
Introduction
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Please read the following important terms and conditions before you subscribe to the membership plan and enter into a Contract with Discovering Alpha. This Contract sets out your legal rights and responsibilities, our legal rights and responsibilities and certain key information required by law. In this contract, ‘We’ ‘Us’ or ‘Our’ means Discovering Alpha Ltd and ‘You’ or ‘Your’ means the members on our website and the subscribers to the D.A Membership Plan. Each a “Party” and together the “Parties.”
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Payment Terms​
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Payments will be made manually. If you purchase our membership plan, you agree to be legally bound by this contract. The price of our membership plan will be in £ (GBP) and payments must be completed by the due date. If you fail to complete the payment when it is due, we shall be entitled to cancel the contract. All Payments to be made by you under this Contract are exclusive of VAT and all other relevant taxes.
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We have the right to decline an order if We are incapable of accepting payments, if there are mistakes made on the price and description of the membership plan or if You are under the age of 18. We may contact you if we decline your order.
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Extra terms may be added to the payment terms or used as replacements for our current terms and this may happen for security, legal or regulatory reasons. We will contact you in advance if we decide to update our payment terms.
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Acknowledgement
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You acknowledge and agree that all opinions or guidance provided by us during the services are generic and for informational purposes only. We do not give financial advice or recommendations on any financial product or investment. Any investment decisions you make are made by you at your sole and absolute discretion and entirely at your own risk. If you need financial advice, we strongly recommend you seek advice from an appropriately qualified and regulated financial advisor. Our services are provided as an informational resource to help you make your own decisions. We are not an investment advisory company and we do not advocate the purchase or sale of any specific cryptocurrency, stock, products or investments.
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Your Privacy and Personal Information
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Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy.
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Service or Product
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We offer a subscription service that gives our paying members access to our online courses and private community. Our educational content will be posted on the website. The online community will be connected through the private discord server.
Your responsibility
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Notify us within 24 hours In the event that you come across any service failure or any concerns with the digital content or the online community. It is your responsibility to comply with all Applicable Laws relating to this contract. Lastly, it is your responsibility to ensure that you do not allow any third party to use the digital content under your user details.
Termination agreement
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When you purchase the membership plan, you will be acknowledging that this means You will not be entitled to a refund if you decide to terminate the contract. You can terminate the contract at any time prior the next payment date. In the event that the contract is terminated, you shall cease and desist from all further use of the digital content and you will lose access to the discord community. In the event that you fail to comply with your responsibilities, we have the right to terminate the contract at any time.
Disputes
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We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Digital Content, Our Service to You or any other matter, please contact us as soon as possible.
Limitations to liability
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You acknowledge and agree that we shall not be liable for:
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Any losses suffered by you arising out of or in connection with investment decisions You make, your reliance on any news, expressions, opinions or advice shared by third parties with access to the digital content and any scams or fraudulent activity committed by third parties using our website, who claim to be us or an authorised representative of ours.
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Any claims that you might have for loss or damage, arising out of or in connection with any views, expressions or opinions shared by a third party which are defamatory or likely to give rise to an allegation of defamation and submissions or communications shared by a third party on our website or discord which are racist, sexist, homophobic, obscene, sexually explicit, discriminatory, deceptive or offensive in any manner or otherwise in breach of our website and Discord Terms of Use.
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Special, incidental or consequential damages
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​Failure or delay due to matters beyond our reasonable control
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Content Ownership and intellectual property rights
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When you subscribe to the membership plan, you will not own the Digital Content. Any Intellectual Property Rights subsisting in the Digital Content remains solely with us. What you are paying for is the permission to use it and only for the purpose of you using and enjoying it in accordance with these terms and conditions.
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The permission to use Digital Content extends to wherever you want in the world but only if you comply with local laws and the permission of use is non-exclusive to you, we may supply the same digital content to other members.
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The digital content may not be copied by you, changed by you, (which means, in particular, that You are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law) distributed, licensed or sold by you to any third party or used to promote any business you may have or to promote any third party business.
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The scope of the use of Digital Content shall be limited to the Permitted Purpose only.
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Important Terms
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Force Majeure - We shall not in any circumstances be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure results from a Force Majeure Event. If a Force Majeure Event occurs we shall be entitled to a reasonable extension of time for performance of our obligations under this Contract.
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Waiver - No failure or delay by either Party to exercise any right or remedy under this Contract shall be construed as a waiver of that right or remedy nor shall any single or partial exercise of any right or remedy preclude the further exercise of that right or remedy. No waiver by either Party of any breach of this Contract shall be considered as a waiver of a preceding or subsequent breach.
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Entire agreement and understanding - This Contract constitutes the entire agreement and understanding of the Parties, and any and all other previous agreements, arrangements and understandings (whether written or oral) between the Parties with regard to the specific subject matter of this Contract are hereby excluded. No amendment or modification of any provision of this Contract will be binding unless it is in writing and signed by authorised representatives of each of the Parties.
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Assignment - You shall not, except as expressly provided in the Contract, assign, sub-contract, transfer, mortgage, charge, declare a trust of or deal in any other manner with any or all of its rights and obligations under the Contract without our prior written consent. We may assign, sub-contract or deal in any other manner with any or all of our rights and obligations under the Contract without your prior written consent.
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Variation - We reserve the right at our sole discretion to amend or replace any part of these terms and conditions. It is your responsibility to check these terms periodically for changes. Your continued use of Your Account following any changes to these terms constitutes an acceptance of the terms as at the date of any changes. We may in the future offer new services, features or tools available to you which will be subject to the terms of this Contract.
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Third Party rights - No one other than a Party to this Contract has any right to enforce any term of this Contract and the provisions of the Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
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No set off - All amounts due under this Contract shall be paid in full, without any set-off, counterclaim, deduction or withholding (other than any required by law).
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Notices - All notices served under this Contract shall be in writing to the Parties respective last registered addresses. Any notice or communication shall be deemed to have been received at 9.00am on the next Business Day after transmission if sent by email. This clause does not apply to the service of any proceedings or any documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
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Counterparts - This Contract may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one Contract. No counterpart shall be effective until each Party has executed at least one counterpart.
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Governing Law - This Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws in Gibraltar.
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Jurisdiction - The Parties irrevocably agree that the courts of Gibraltar shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Contract its subject matter or formation (including non-contractual disputes or claims).