Terms & Conditions
LEARNING PLATFORM AND LIVE ONLINE COURSES TERMS AND CONDITIONS
- The Terms
These Terms and Conditions (hereafter the Terms) cover the terms and conditions under which we supply our services to you.
Please read these Terms carefully before you sign up, use and purchase our services. These terms tell you who we are, how we will provide products to you, what to do if there is a problem, and other important information.
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on digital content. You do not have this right to cancel once a download or content has started or where the digital content has been supplied to you, provided you have been told this and have acknowledged this.
The Consumer Rights Act 2015 says our content and services must be as described, fit for purpose and of satisfactory quality. If this is not the case, and any issues cannot be rectified or replaced, or if it hasn’t been rectified within a reasonable time and without significant inconvenience, you can get some, or all of your money back.
Where you have access to digital content and you can show that a fault with such digital content has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
Important information on internet and data costs and ‘bill shock’:
When you buy, watch or download any digitally available content onto your computer or device, please be aware that data usage charges may apply. Those charges are your sole responsibility. Using too much data might mean that you exceed your data limit on your mobile phone and you could face paying more than you were expecting, particularly if you are using your mobile phone abroad.
If you buy or subscribe to our Services, you agree to be legally bound by these Terms. These Terms only apply if you are buying or subscribing to our Services as a consumer (i.e., for purposes outside of your business or profession). Our Services are not aimed at businesses (i.e., non-consumers) and you must not use of Services in this capacity.
If you do not agree to these Terms, you must cease to continue to purchase or use any Services you purchased from us.
- Who we are
We are Ceniqa Ltd, a company registered in England and Wales under company number 13182878 and with registered address at Building 3 North London Business – North London Business Park, London, N11 1GN (hereafter Ceniqa, or we, or us).
- How to contact us
You can contact us at any time:
- by writing to us at: Ceniqa, Building 3 North London Business Park, North London Business Park, Oakleigh Road South, London, England, N11 1GN by email at firstname.lastname@example.org; and/or
- by calling us at +44 203 916 5111.
- Other terms that apply to you
These Terms are in addition to the Website Disclaimer and apply to the use of the Ceniqa Learning Platform and Live Online Courses. Please read these Terms carefully before purchasing and using the Ceniqa Learning Platform and Live Online Courses and print off a copy for your records.
If there is any conflict between our Website Disclaimer, these Terms, our Refund Policy and any Course Specific Terms and Conditions which might apply to a specific Live Online Course or the Ceniqa Learning Platform from time to time, then the following order of priority shall apply:
- Course Specific Terms and Conditions and Refund Policy;
- Ceniqa Platform and Live Online Courses Terms and Conditions;
- Our Services
We provide a learning platform (the Ceniqa Learning Platform) and online courses (the Live Online Courses) at www.ceniqa.com, through the following types of subscriptions: Secret Circle Membership, Secret Circle Pro Membership, and any other one-off purchases or subscriptions that we may offer from time to time (the Subscriptions). The Ceniqa Learning Platform, Live Online Courses and Subscriptions together form the Services. These Services also include any and all services provided through our website or other mediums as decided by us from time to time, including but not limited to the pre-recorded modules, market analysis, live trading sessions, trading plan and journal support, information on potential funding opportunities, information on potential career progression, calls, customer support services, analysis reports, trading examples and communications.
Further information on our Services and Subscriptions, together with pricing and timing information, are available on our website.
We reserve the right to vary, add, remove or withdraw any of the Services at any moment without notice.
You are solely responsible for ensuring that the Services meet your needs. Ceniqa makes no guarantee, whether express or implied, that the Services shall help you obtain a particular result, be fit for purpose, lead to a professional qualification or employment or otherwise.
From time to time, we may automatically update the Ceniqa Learning Platform and the Services to improve performance, enhance functionality or address security issues.
The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The Services that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply the Ceniqa Learning Platform in conformity with these Terms.
When we provide the Ceniqa Learning Platform:
- we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
- we do not promise that it is compatible with any third-party software or equipment except where we have said that it is in the guide to its use or on our website; and
- you acknowledge that there may be minor errors or bugs in
- Ordering Services
Ordering Services via our website
In order to purchase any of the Services, you can do so via the relevant page of our website. For access to the Ceniqa Learning Platform, you must register for an account with us via the website. If you already have an account with us, you can log into your account using your user name and password.
Placing an Order
When you place an order for Services (including any Subscriptions) via our website, you are offering to purchase the Services as per the terms and conditions of these present Terms (Order). Please read and check your Order carefully before submitting it and correct any errors. Before you submit an Order, you must check that the hardware and software requirements of your computer or device mean that you can access and use the Services.
Following receipt by us of your Order, your offer to purchase a Service shall be sent to us, and your Order shall only be placed once: (a) we have confirmed acceptance of your Order via email confirming the purchase of the Service(s) (the Confirmation Email); and (b) we have received payment of the relevant Fees from you in accordance with Clause 8 below.
Upon receipt of the Confirmation Email from us to you, and receipt of the Fees from you to us, a legally binding agreement shall come into existence for the provision of the purchased Services, governed by these Terms.
Such Confirmation Email is usually sent to you immediately after you submit your Order and pay the Fees, however, we reserve the right to cancel or decline your Order or any part of your Order at any time until it has been confirmed in accordance with this Clause 6.
Where your Order consists of multiple Live Online Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your Order.
- Cancellations, refunds, returns and variations
All returns and cancellations are subject to our Refund Policy, which can be found here www.ceniqa.com.
No right to cancel your Ceniqa Learning Platform
Where your Order consists of a purchase of a Subscription to access the Ceniqa Learning Platform, you will not generally have the right to cancel such purchase of access to the Ceniqa Platform, as such content is made available to you immediately. For further information, please see our Refund Policy for more information. This does not affect your consumer statutory rights.
No right to cancel Live Online Courses
Where your Order consists of a purchase of a Subscription containing access to the Live Online Courses, or your Order is for a Live Online Course as a standalone purchase, you will have no right to cancel such Order or receive a refund of the relevant Fees. At the moment of placing your Order and purchasing the Services that contain Live Online Course(s), you will be asked to tick a box to confirm that you consent for access to the Live Online Course to start immediately after you have clicked Buy now and that you acknowledge that this means you lose your right to cancel.
This means that you do not have the right to cancel this agreement once the automatic access to the Live Online Courses starts and are not entitled a refund unless the Live Online Course is faulty or corrupt, as per the below. For further information, please see our Refund Policy for more information. This does not affect your consumer statutory rights.
No right to cancel Subscriptions
You may purchase any of Subscriptions directly from us or through a third party by paying a subscription fee in advance on a monthly basis.
Subject to these Terms and your statutory rights, when you purchase a Subscription, you authorise us to charge you automatically each month until you cancel in accordance with these Terms. Subject to our Refund Policy and your statutory rights as a consumer, if you terminate a Subscription early, you will not be entitled to a refund, and you must pay all Fees due to us for the duration of the Subscription as initially purchased.
Notwithstanding the above, there is no other right to cancel or vary your purchase of the Services and any other cancellation and/or variation of Live Online Courses will be at the entire discretion of Ceniqa, save for any repairs, replacements, or where applicable, refunds, in relation to corrupt or faulty digital content.
Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
- contact us using the contact details at Clause 3 of these Terms; or
- visit the Citizens Advice website citizensadvice.org.uk or call 03454 04 05 06.
Nothing in these Terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
If your digital content is faulty, please contact us using the contact details at Clause 3.
The fees, including any monthly subscription fees, for the Services shall be as set out on our website at the time you place your Order (the Fees). Fees for a Subscription shall be paid in advance on a monthly basis, or as otherwise prescribed by us.
We may change our Fees, including any recurring Fees for Subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how you can accept those changes.
Fee changes shall take effect at the start of the next subscription period following the date of the Fee change. Subject to applicable law, you accept the new price by continuing to use our Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from your current Services and Subscription prior to the price change going into effect as per these Terms.
If you purchase a Subscription, you authorise us to charge you automatically each month until you cancel in accordance with these Terms.
Unless otherwise specified at the time you purchase the Services, the Fees are in pounds sterling (GBP) and are exclusive of VAT or other local taxes.
Fees for the Service(s) selected by you on our website shall be debited from your credit or debit card at the time of purchase.
Fees must be paid in full prior to you accessing, using, or viewing the Services, including attending any Live Online Courses or any other aspects of the Services.
Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Ceniqa shall not be responsible for these.
You shall be solely responsible for all costs you incur in connection with your attendance at any Live Online Courses, or any other costs associated with the use of the purchased Services.
Payment services provider
We use Stripe as our payment services provider (PSP). You shall pay for all Subscriptions or other purchases in an Order using the Stripe platform services that we make available to you via our website.
You hereby understand and agree that we shall not be held liable for any payments and monetary transactions that occur through your use of Stripe and that all such payments and transactions are handled by Stripe. You agree that we shall not be held liable for any issues regarding financial and monetary transactions between you and any other party, including Stripe.
You are solely responsible for all transactions processed through the website and/or Stripe. Ceniqa will not be liable for any losses or damages arising from invalid or fraudulent transactions processed through your Stripe account. This includes, but is not limited to, transactions that were not processed due to a network communication issue. If you process a transaction, it is your responsibility to ensure it has been fully settled.
If you experience any technical difficulties purchasing any Subscription or making an Order on our website or have any other queries or questions about your Order or any payments made via our PSP, please contact us using the details set out at Clause 3 above.
It is important that you read this Clause 9 (Disclaimers) carefully. Ceniqa is not a registered investment, legal or tax advisor or a broker/dealer. NO INVESTMENT ADVICE
The Services are made available for informational purposes only. You should not construe any such information or other material as legal, tax, investment, financial, or other advice. Nothing contained on our Ceniqa Learning Platform and in our Services constitutes a solicitation, recommendation, endorsement, or offer by Ceniqa or any third-party service provider to buy or sell any cryptocurrency, securities or other financial instruments in this or in in any other jurisdiction in which such solicitation or offer would be unlawful under the securities laws of such jurisdiction.
All content on the Ceniqa Learning Platform and in our Services (including any Live Online Courses) is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing in the Ceniqa Learning Platform and the Services constitutes professional and/or financial advice, nor does any information constitute a comprehensive or complete statement of the matters discussed or the law relating thereto.
Ceniqa is not a fiduciary by virtue of any person’s use of or access to the Ceniqa Learning Platform and the Services. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other content on the Ceniqa Learning Platform and in the Services before making any decisions based on such information or other content. In exchange for using Ceniqa Learning Platform and the Services, you agree not to hold Ceniqa, its affiliates or any third-party service provider liable for any possible claim for damages arising from any decision you make based on information or other content made available to you through the Ceniqa Learning Platform and the Services.
There are risks associated with investing in securities, stocks, bonds, exchange traded funds, mutual funds, cryptocurrencies and money market funds, including the risk of loss. Loss of principal is possible. Some high-risk investments may use leverage, which will accentuate gains & losses. Foreign investing involves special risks, including a greater volatility and political, economic and currency risks and differences in accounting methods. A security’s or a firm’s past investment performance is not a guarantee or predictor of future investment performance.
The information, opinions and views contained in the Services, on the Ceniqa Learning Platform and of our directors, employees, contractors and representatives have not been tailored to the investment objectives of any one individual, are current only as of the date hereof and may be subject to change at any time without prior notice. Ceniqa does not have any obligation to provide revised opinions in the event of changed circumstances. All investment strategies and investments involve risk of loss. Nothing contained in the Ceniqa Learning Platform and the Services should be construed as
investment advice. Any reference to an investment’s past or potential performance is not, and should not be construed as, a recommendation or as a guarantee of any specific outcome or profit.
Any ideas or strategies discussed on the Ceniqa Learning Platform or during the course of the Services should not be undertaken by any individual without prior consultation with a financial professional for the purpose of assessing whether the ideas or strategies that are discussed are suitable to you based on your own personal financial objectives, needs and risk tolerance.
Ceniqa expressly disclaims any liability for loss incurred by any person who acts on the information, ideas or strategies discussed or provided on the Ceniqa Learning Platform, during the provision of the Services, or otherwise communicated by a director, employee, contractor or representative of Ceniqa.
Our Services, the Ceniqa Learning Platform, and any content supplied to you via them are provided on an “as is” and on an “as available” basis. We disclaim all representations and warranties, express, implied or statutory not expressly set out in these Terms including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we make no guarantee regarding the reliability, timeliness, quality, suitability or availability of our Services, the Ceniqa Learning Platform, and any content supplied to you via them, or they will be uninterrupted or error-free.
Ceniqa shall not accept any liability for (i) any inaccuracy or misleading information provided on the Ceniqa Learning Platform or in the Services, including any reliance on any such information by you, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss in relation to, connection with, or arising from, these Terms, the Ceniqa Learning Platform or the Services.
To the maximum extent under applicable law, Ceniqa’s total aggregate liability arising from or in connection with these Terms, the Ceniqa Learning Platform, and/or the Services (whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees paid by you to Ceniqa in the 90 days prior to the date when the claim arose or £500 (whichever is lower).
Nothing in these Terms shall exclude or limit either Ceniqa or your liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which may not be limited or excluded under the laws of England & Wales.
No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
- Intellectual Property
For the purposes of these Terms and more particularly this Clause 11, Intellectual Property Rights means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
All Intellectual Property Rights in the Ceniqa Learning Platform, Live Online Courses, the Services, the Course Materials, and any other discourse and information made available by Ceniqa, its directors, employees, contractors or representatives shall remain, the property of Ceniqa Ltd or its licensors, whether adapted, written for or customised for you or not.
You are not authorised to:
- I. copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the information and content contained in the Ceniqa Learning Platform, the Services, or any content provided therein, whether provided by us or any third-party, without our express prior written permission;
- II. record, on video or audio tape, relay by videophone or other means the Live Online Courses;
- III. remove any copyright or other notice of Ceniqa Ltd on the Course Materials;
- IV. modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Ceniqa Learning Platform, the Live Online Courses or any content provided
Breach by you of this Clause 11 shall allow us to immediately terminate these Terms with you and cease to provide you with any Services, including but not limited to access to the Ceniqa Learning Platform and the Live Online Courses.
In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non- exclusive license to use the Services or any content provided therein and the software in respect of the Ceniqa Learning Platform and the Live Online Courses for the sole purpose of using the Services as envisioned within these Terms.
For the purposes of these Terms and more particularly this Clause 12, Confidential Information means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Services, the Ceniqa Learning Platform, the Live Online Courses and the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
Each party shall keep the other party’s Confidential Information strictly confidential and not use such Confidential Information other than for the purposes contained in these Terms, and shall return such Confidential Information on demand, including any copies or recreations of it.
Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them and/or fulfilling their legal obligations.
Breach by you of this Clause 12 shall allow us to immediately terminate these Terms with you and cease to provide you with any Services, including but not limited to access to the Ceniqa Learning Platform and the Live Online Courses. Additionally, Ceniqa shall be entitled to equitable relief, including any injunctions for actual or suspected breaches of this Clause 12 and the Confidential Information. You acknowledge and accept that this right is required in order for Ceniqa to protect its legitimate business interests.
This clause shall survive termination of these Terms.
These Terms will continue to apply to you until suspended or terminated, in accordance with this Clause 13. If these Terms or your access to the Services and Subscription terminates, it will not affect our right to receive any Fees which you owe to us under these Terms.
We will take all commercially reasonable efforts to ensure that our Services remain in operation but sometimes you may experience temporary interruptions. Reasons we may suspend your access to our Services include to allow us to deal with technical problems or make minor technical changes and to allow us to update our Services and the Ceniqa Learning Platform to reflect changes in relevant laws and regulatory or contractual and licensing requirements.
We may also terminate these Terms, or suspend your access to our Services and the Ceniqa Learning Platform at any time, including in the event of your actual or suspected unauthorised use of our Services and the Ceniqa Learning Platform or failure to comply with these Terms. This includes when you:
- fail to pay to us any Fees;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any director, employee, contractor or representative of Ceniqa, including any third-party provider or any other users of the Ceniqa Learning Platform and Services;
- act in fraudulent or deceitful manner towards us or our directors, employees, contractors, representatives or any other users;
- commit any criminal offence;
- are in breach of these
We may also suspend or terminate these Terms or withdraw you from our Services and the Ceniqa Learning Platform, provided that we give you reasonable notice before doing so.
Notwithstanding the foregoing, if you have paid for Services or a Subscription that we permanently discontinue (prior to the end of your paid-up Subscription period), we will refund you the portion of any pre-paid Subscription Fees after our Services are permanently discontinued.
If we or you terminate these Terms, or we suspend your Subscription or access to our Services and the Ceniqa Learning Platform, you accept that we shall have no liability or responsibility to you, and that (to the extent permitted by law) we will not refund any amounts that you have already paid.
Where your statutory rights permit you to do so, you may terminate your Subscription with us at any time. For more information how to terminate your Subscription, please contact us using the details in Clause 3 of these Terms. For more information on your statutory rights, please see the box at the top of this page.
On termination, Clauses 9 (Disclaimers), 10 (Liability), 11 (Intellectual Property Rights), and 12 (Confidentiality) shall continue notwithstanding such termination.
- Data Protection
Any Services provided by us under these Terms are personal to you and cannot be transferred or assigned to any other person. We shall be entitled to assign these Terms to any other company without prior notice to you. We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
These Terms, our Refund Policy, together with the Website Disclaimer and Course Specific Terms and Conditions available from time to time contain the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or these Terms shall limit liability for any fraudulent misrepresentation.
- Force Majeure
Ceniqa shall not be liable to you for any breach of its obligations or termination under these Terms arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a Live session, epidemic or pandemic, or Government edict or regulation.
You can send us any notices by using the contact details in Clause 3 of these Terms.
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Services you have purchased, or any other matter, please contact us as soon as possible using the contact details set out at Clause 3 of these Terms. For more detailed information on your rights and what you should expect from us, please contact us using the contact details at the top of this page or visit the Citizens Advice website: www.citizensadvice.org.uk or call 03454 04 05 06.
- Law and Jurisdiction
These Terms and the provision of our Services and content are governed by English and Welsh law and you can bring legal proceedings in respect in the English courts.
If you live in Scotland you can bring legal proceedings in respect of these Terms and our Services and content in either the Scottish or the English courts.
If you live in Northern Ireland you can bring legal proceedings in respect of these Terms and our Services and content in either the Northern Irish or the English courts.