TERMS OF USE

 

Terms of Use

These terms of use are entered into by and between you (“You”, “Your”) and Fishin 4 Pips (“the Company”, “we” or “us”). The following terms and conditions, together with any documents expressly incorporated by reference (collectively “Terms of Use”) govern Your access to and the delivery of the educational training programme (“the Programme”) by the Company.
Please read the Terms of Use carefully before You begin the Programme. By attending the Programme, You accept and agree to be bound and abide by these Terms of Use.

REGISTRATION:
1.1 To register for the Programme, you must pay the registration fee in accordance with the applicable fee schedule as outlined in Clause 4. Until the registration fee is paid in full:
You will not be registered for the Programme; and
We will not release any educational material to you including any PDF documents, videos, books, handouts, or any other material including but not limited to email correspondence and/or Social Media Platforms and/or the website.

THE SERVICES
2.1 By entering into this Agreement, you understand and accept that you are purchasing to access to the Programme. The details of each of these services are set out on our Website (https://fishin4pips.com) and sales pages and will be confirmed in your welcome email.
2.2 This Agreement will begin when signed and will continue until the last training session is delivered, unless the Agreement is terminated earlier in accordance with the terms set out within this Agreement, or we agree in writing otherwise.
2.3 The Programme is designed to be accessed online only and no alternative will be provided. All training sessions will take place via Zoom or other online meeting facility, as we may confirm to you in writing.
2.4 Any information, content, support, materials or guidance we provide as part of the Programme is intended for a group audience and should not be relied upon as information personal to you, unless we expressly advise otherwise and it does not constitute specific financial advice. Should you require personal or one to one support, or feel that you require further contact or support from us which is over and above the support provided to you as part of your chosen services, then a further agreement will need to be arranged and separate terms and payment agreed.

ACCESSING THE PROGRAMME
3.1 We will confirm the date and time of the Programme by providing you with details via email.
3.2 It shall be your responsibility to check for emails and or any other Social Media that maybe utilized, which concerns the scheduling of the Programme. We regret that no alternative or replacement dates or times will be offered if you are unable to attend for whatever reason.
3.3 It is important to us to ensure that all participants accessing the Programme feels safe and comfortable and therefore we ask you to agree to conduct yourself in a reasonable and responsible manner at all times when using and accessing the Programme and not to act in a manner which may cause offence, distress or alarm to any other participant.
3.4 When you access the Programme you agree:
Not to record any training sessions for your personal use or otherwise;
Not to share information, whether expressed to be confidential or not, that is shared by another participant;
Not to capture or share images of any other participant or that include any other participant without that participant’s express permission;
Not to use any private group chats or areas for any unlawful purpose; and
That when accessing any private group chats that you will not upload, post, transmit or otherwise make available content that is by its nature defamatory, libelous, obscene, demeaning or which causes offence to another individual whether intended or not; or discloses personal and/or confidential or sensitive information about another person; or is threatening or causes us or a participant to feel harassed or in fear; and/or is classed as spam.
3.5 Should you become aware of any inappropriate behaviour, comments or content being shown or displayed within any of our private group chats, during the delivery of any aspect of the Programme then you agree to notify us as soon as possible.
3.6 You will have unlimited access to the Programme for a period of three months. Upon the completion of the three month period, you will be charged a minimal fee of One Hundred United States Dollars (US$100.00), which shall be paid every three months and in accordance with Clause 4.4 of this Agreement. Failure to pay these charges will result in your access to the Programme being revoked.

FEES AND CHARGES
4.1 The cost for the Programme (“the Fee”) is outlined on the website and contained in the invoice.
4.2 The Fee shall be paid in Trinidad and Tobago Dollars and/or United States Dollars.
4.3 Any payment made shall be non refundable unless we fail to deliver the Programme by reason of our own fault or failure.
4.4 Time shall be of the essence in respect of the payment of the Fee, any instalment of the Fee and/or deposit.
4.5 Cleared payment of the Fee must be received by seven (7) days prior to the training sessions to be entitled to access the Programme.

CANCELLATION/TERMINATION
5.1 You may end this Agreement by providing us with 14 days’ notice. No refunds shall apply and you shall be liable for full payment of the Fee despite any notice of cancellation. You can provide notice to us by email to (insert email).

5.2 We shall be entitled to limit your access to the Programme or suspend, and/or terminate this Agreement with immediate effect and without refund of any Fee, whether paid or remaining due and payable, if we reasonably determine that:
You have committed a material breach of any of your obligations under this Agreement; or
You have failed to provide payment of any sum due to us as and when it becomes due; or
You have acted or behaved dishonestly, fraudulently or in a way which we reasonably consider may have a detrimental effect on our business or reputation; or
You have acted in a way which is abusive or is intended to cause offence to us or another participant; and
You have failed to abide by any term of this Agreement or any other guidance we may provide whether such action constitutes a material breach or not.

5.3 Upon termination of this Agreement for any reason:
Your access to the Programme, any private social media accounts, any content, any private groups and any other online resources, will be removed, unless expressly agreed otherwise. We will not be liable to you for any claims relating to the removal of that access;
Any Fee or other monies owed by you to us will become immediately due and payable;
Any terms of this Agreement which either expressly or by their nature relate to the period of time after termination and/or the Programme has been delivered, shall remain in full force and effect; and
You shall cease to use either directly or indirectly any content, our method or any Confidential Information belonging to us, or provided by us to you and shall immediately return to us or destroy any copies in your possession or control.

CONFIDENTIAL INFORMATION
6.1 As part of the Services offered, we may provide you with access to specific content. Where you purchase the Programme, along with access to content we will also provide you with access to our unique coaching methods and tools including some details relating to our trading methods. We take the protection of our rights in relation to our content, trading methods and services very seriously. You agree and accept that all content and our trading methods remain our confidential information and belong solely and exclusively to us.

6.2 Our content and training methods can only be used by you in connection with your use of the Programme and should not be copied, modified, reproduced, shared, published, disclosed or used for any reason, whether for commercial gain or not, without our prior written consent and nothing within this Agreement constitutes a transfer of any intellectual property or grant of a licence or any right to use unless expressly set out in this Agreement or we have provided our prior written consent.

6.3 You shall not use our content or our trading methods, or any of our Confidential Information for any other purposes including but not limited to:
Teaching or presenting the trading methods to your clients or other third parties; or
As part of your own business or training courses or to create a system, trading method or training course; or
In any lectures, seminars, workshops, webinars, presentations or similar; or
For any other purpose without our express consent in writing.

6.4 When you purchase the Programme you agree and undertake that from the date of this Agreement that you SHALL NOT:
Copy, reproduce, sell, license, share or distribute any of our content or trading methods, whether during the period of your access to the Programme, or any time thereafter; or
Record any webinars, online or in-person events, videos, training sessions or any content or information relating to the method; or
Infringe any of our copyrights, trademarks, trade secrets or other intellectual property rights.

6.5 In the event of your breach of your obligations relating to our Confidential Information (including but not limited to the content, trading methods and services) then:
You shall immediately cease and desist the illegal use of our Confidential Information upon receipt of such notice from us;
You agree and accept that damages, loss or irreparable harm may arise for us due to your illegal use of our Confidential Information and, in such circumstances, we shall be entitled to seek relief, including injunctive relief against you; and
You shall indemnify and keep us fully indemnified for all such damages and losses sustained as a consequence of your breach of this clause.

6.6 The provisions above shall continue in force notwithstanding termination of the Agreement for any reason.

FINANCIAL ADVICE
7.1 This Programme is for educational purposes only and is not an investment advisory service nor an investment advisor, nor does it provide personalized financial advice or act as a financial advisor. The nature of the materials presented in the Programme and during the training sessions are for general informational purposes only. No information on any part of the site is intended as investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security or fund. The information on the site should not be relied upon for purposes of transacting securities or other investments. We cannot and do not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or information source. Your engagement in this Programme indicates your agreement that you are able to make your own decisions about financial matters and that you bear sole responsibility for your own investment research and decisions and will not hold us liable for any damages relating to your personal finances or investments.

7.2 No opinions or recommendations contained herein shall be construed as investment advice. You cannot assume that any recommendations, insights, philosophies, or other information will ensure or lead to profitable investment.

7.3 We are here SOLELY to educate and you are solely responsible for all your decisions and actions in response to any information contained herein. Always seek competent legal and financial counsel before making any financial decision.

LIMITATION OF LIABILITY
8.1 We will not be liable for any damage of any kind, including without limitation direct, indirect, incidental, special, consequential, compensatory, exemplary, reliance or punitive damages, regardless of the form of action or the basis of the claim resulting from the use of or access to Our services, the use of or the inability to use Our services, resulting from any goods or services purchased or obtained or messages received or transactions entered into through our services, resulting from loss of, unauthorised access to or alteration of a user’s transmissions or data or for the cost of procurement of substitute services, including but not limited to damages for loss of profits, use, business, profits, data or other intangibles, even if We have been advised of the possibility of such damages. Your sole remedy for dissatisfaction with the site and/or content contained within the site is to stop using the site. The sole and exclusive maximum liability to us for all damages, losses and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall be the total amount paid by you, if any, to access the programme and sessions.

INDEMNIFICATION
9.1 You agree to indemnify, defend and hold harmless, the Company, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our services, your violation of the Terms of Use or your infringement, or infringement by any other user, of your account, of any intellectual property or other right of any person or entity. The Terms of Use will inure to the benefit of our successors, assigns and licensees.

FORCE MAJEURE
10.1 We shall have no liability to you under the Agreement if we are prevented from or delayed in performing our obligations under the Agreement, or from carrying on our business, by acts, events, omissions or accidents beyond reasonable control, including, without limitation, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that you are notified of such an event and its expected duration.

VARIATION
11.1 No variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

11.2 The Company hereby reserves the right to unilaterally amend or vary this agreement, prior to which reasonable notice shall be given. Continued use of the Programme shall imply that you do not wish to cease access to the Programme. Termination of this agreement shall be done in accordance with Clause 5 of this Agreement.

WAIVER
12.1 No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

SEVERANCE
13.1 If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Agreement.

ENTIRE AGREEMENT
14.1 The Agreement shall constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

14.2 Each party acknowledges that in entering into the Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Agreement.

THIRD PARTY RIGHTS
15.1 The Agreement does not confer any rights on any person or party (other than the parties to the Agreement and, where applicable, their successors and permitted assigns).

NOTICES
16.1 Any notice required to be given under the Agreement shall be in writing and shall be delivered by hand or sent by post or email to the other party at its address set out in the Agreement, or such other address as may have been notified by that party for such purposes.

16.2 A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent email shall be deemed to have been received at the time of transmission (as shown by the time sent in respect of an email).

GOVERNING LAW
17.1 The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Trinidad and Tobago.

JURISDICTION
18.1 Each party irrevocably agrees that the courts of Trinidad and Tobago shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).

ACCOUNT INFORMATION

110000004578517

ROYAL BANK OF CANADA

JOJOS STEAM SEAFOOD

TRINIDAD AND TOBAGO
BUSINESS ACCOUNT

ACCOUNT INFORMATION

110000004578517

ROYAL BANK OF CANADA

JOJOS STEAM SEAFOOD

TRINIDAD AND TOBAGO
BUSINESS ACCOUNT
SWIFT CODE:RBTT-TTPX

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