Warning of possible surprising terms and conditions

Before you start reading the Terms and Conditions, we, as F.X.C.G. Education s.r.o., would like to draw your attention to the following provisions of the Terms and Conditions, which could potentially be perceived as surprising.

Because we value our customers, we want to avoid any misunderstandings and as we all know, not all of us read the terms and conditions letter by letter. As our customers, you hereby acknowledge that we have drawn your attention to the following provisions, which you expressly accept by agreeing to the terms and conditions:

point II/7, dealing with the prohibition of disclosure of content to third parties,
Clause II/7, dealing with the right to cancel a customer's account in the event of inactivity or breach of duty,
Point III/11, dealing with the possibility to refuse to conclude a contract with a customer,
point V/1, dealing with the moment of provision of the service and the waiver of the right to withdraw from the contract within 14 days with regard to the fact that the service will be provided immediately,
Point VI/7, dealing with the impossibility of reimbursement for attendance in the event of non-attendance,
Clause VII/8, dealing with the moment of provision of the service and the waiver of the right to withdraw from the contract within 14 days, taking into account that the service will be provided immediately,
Paragraph IX/6, dealing with the impossibility of a refund for a consultation block that the customer does not attend,
Clause XIV/4, dealing with the possibility of unilateral changes to the terms and conditions on our part,
Clause XIV/5, dealing with the waiver of our obligations in case of force majeure,
A disclaimer pursuant to Section X regarding the fact that all information provided to customers through the Educational Services is for the sole purpose of studying topics related to trading in the financial markets and that none of this information is intended in any way to serve as investment or trading recommendations, including a disclaimer that we are not a registered broker, investment adviser or broker.

We firmly believe that with this transparent notice we have alerted you to anything that might surprise you in the terms and conditions below. We also believe that you will appreciate our helpful step.

General Terms and Conditions

I. Recitals

F.X.C.G. Education s.r.o., ID No.: 09207392, VAT No.: CZ09207392, with its registered office at Nové sady 988/2, Staré Brno, 602 00 Brno, entered in the Commercial Register of the Regional Court in Brno, Section C, Insert 117812 (hereinafter also referred to as the “Company”) is the operator of the https://www.fxcg-education.com website (hereinafter also referred to as the “Website”), serving as a platform for the provision of educational services (hereinafter also referred to as the “Services”).
These General Terms and Conditions define in detail, in accordance with the provisions of Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended, the mutual rights and obligations arising in connection with or on the basis of the educational services agreement (hereinafter also referred to as the “Agreement”) concluded between the Company and a natural person (hereinafter also referred to as the “Customer/you”), through the interface of the Website (hereinafter also referred to as the “online store”).
If you wish to enter into the Agreement and provide your identification number in the order (i.e. you are a legal person or a person acting in the course of your business or in the course of the independent exercise of your profession, hereinafter also referred to as the “entrepreneur”), you acknowledge that the provisions of the Terms and Conditions concerning entrepreneurs will apply.
You are obliged to familiarize yourself with these General Terms and Conditions (hereinafter also referred to as “Terms”) before placing an order. By sending/placing an order, you confirm you have read and expressly agree to these Terms before concluding the Agreement.
Provisions derogating from the Terms may be agreed between the Company and the Customer in the form of a written agreement. Derogating provisions in such an agreement will take precedence over the provisions of the Terms.
The Company reserves the right to change, amend or otherwise modify these Terms from time to time.

II. User Account

After registering on the Website, you can access the user interface. You can order and also access these Services from the user interface (hereinafter referred to as the “user account”).
Service means an online course in the form of a video lesson, teaching text or other similar instructional service available through the Website (hereinafter also referred to as the “Online Course”). A stable internet connection and registration of the Customer´s user account is always necessary to access the Online Course.
The Service also means in-person training available to the Customer. This training will take place at a time and place specified by the Company (hereinafter also referred to as “In-Person Training”).
The Service also means access to an information channel containing market analyses (hereinafter also referred to as the “Market Analyses”).
When registering on the Website and ordering the Services, you are obliged to provide correct and truthful information. You are obliged to update the information provided in the user account whenever a change occurs. The information provided by you in the user account and when ordering the Services will be deemed correct by the Company.
Access to the user account is secured by a username and password. You are obliged to maintain confidentiality regarding the information necessary to access your user account.
You may not permit third parties to use the user account, nor to make the Online Course or any other information contained in the user account available to any third party without the prior written consent of the Company.
The Company may terminate the user account, including without limitation if you have not used your user account for more than 2 years or if you breach your obligations under the Agreement (including breach of the provisions of these Terms).
You hereby acknowledge that the user account may not be available continuously, in particular with regard to necessary maintenance of the Company´s hardware and software equipment, or necessary maintenance of third-party hardware and software equipment.

III. Order, Agreement

The web interface of the online store contains information about the Services including their prices and payment methods. Prices are inclusive of value added tax. Prices remain valid for as long as they are displayed in the web interface of the online store. This provision is without prejudice to the Company´s right to enter into an agreement on individually agreed terms.
To order the Service, you must fill in the order form in the web interface of the online store. The order form contains the following information in particular:
- ordered Services (ordered educational services are “added” by the Customer to the electronic shopping cart of the web interface of the online store),
- method of payment for the Services (hereinafter collectively referred to as the “Order”).
Prior to sending the Order to the Company, you are allowed to check and change the data entered in the Order, and to find and correct any errors. You will submit the Order to the Company by clicking on the “Submit Order” button. The data provided in the Order is considered by the Company to be accurate.
Submission of an Order is an action performed by the Customer that identifies in an unquestionable way the Services ordered, the price, the person of the Customer, the method of payment of the price, and it represents a binding proposal to enter into an agreement. An Order is validly submitted if all mandatory data are entered in the Order form, the Customer familiarizes himself with and confirms he has read these Terms and Conditions on the Website.
Immediately upon receipt of the Order, the Company will confirm such receipt to you by electronic mail to your electronic mail address specified in the user interface or in the Order (hereinafter referred to as the “Customer´s electronic address”).
The Company is always entitled, depending on the nature of the Order (volume of Services required, total price), to ask you for additional confirmation of the Order (e.g. in writing or by telephone).
The contractual relationship between the Company and the Customer is established by the delivery of the acceptance of the Order (acceptance), which is sent by the Company to the Customer by electronic mail to the Customer´s electronic mail address.
You have the right to cancel the Order, i.e. to withdraw your proposal to enter into the Agreement, without any penalties until payment for the Service. You must notify the Company of cancellation of the Order by email or telephone.
You agree to the use of remote means of communication when concluding the Agreement. You bear all costs that you incur when using remote means of communication in connection with the conclusion of the Agreement (internet connection costs, telephone call costs).
The Agreement is concluded in the Czech language and is archived by the Company for the purpose of its proper performance and is not accessible to third parties.
The Company reserves the right not to confirm acceptance of the Order or not to accept the Order and not to conclude the Agreement with you. In such case, no contractual relationship will be established between the Company and you and the Company will not be bound by your Order. The Company will be entitled to reject the Order in certain cases, including without limitation:
1. you use the Website in a manner that restricts or causes inconvenience to other Customers or the Company,
2. you provide services or are engaged in a business that directly or indirectly, in whole or in part, competes with any of the Company´s principal or ancillary activities or is competitive in nature with respect to the Company,
3. you provide services to, are employed by or have an ownership interest in, or act as an agent or governing body of, a person whose business competes directly or indirectly, in whole or in part, with any of the principal or ancillary activities of the Company,
4. in other similarly serious cases.

IV. Price

You may pay the price of the Services to the Company using the following methods:
- non-cash via Stripe payment gateway - the provider of the payment gateway is Stripe Inc., company ID: US22939338, with its registered office at 510 Townsend Street San Francisco California 94103, no credit card details or other sensitive data related to the payment made are transmitted to the Company, except for information on whether or not the payment was successfully accepted,
If the price of the Services is not paid within 5 working days from the date of submission of the Order to the Company, the Order will be conclusively presumed cancelled and this will constitute a condition precedent to the effect of the Agreement. In such a case, you will no longer be notified in writing by the Company of the termination of the Agreement.
The Company does not require a deposit or other similar payment from Customers.
In case of non-cash payment, your obligation to pay the price of the Services is fulfilled when the relevant amount is credited to the Company´s account.
Any discounts on the price of the Services provided by the Company to the Customer cannot be combined with each other.
If it is customary in the course of business or if it is provided for by laws and regulations, the Company will issue a tax document – an invoice to the Customer in respect of payments made under the Agreement. The Company is registered for value added tax. The Company will issue the tax document – invoice to the Customer after payment of the price of the Service and send it in electronic form to the Customer´s electronic address.

V. Online Course

The Company allows you to access the Online Course through a user account from which you may watch educational videos and read teaching texts. The Online Course will be made available to you no later than 5 working days from the date the Company receives payment. The Service will be deemed provided to you when you log into the user account which has permission to access the Online Course. You agree that the Company, as the provider, will commence the provision of educational services through the Online Course in accordance with these Terms and Conditions pursuant to the preceding sentence, i.e. before the expiry of the statutory withdrawal time limit, and you will therefore not have the right to withdraw from the agreement under the relevant provisions of Act No. 89/2012 Coll., Civil Code.
You are entitled to use the content of the Online Course exclusively for your personal use and are not entitled to make the content of the Online Course available to third parties or to distribute it in any way. You are also not entitled to download the educational videos or texts, store them on a medium intended for digital data storage, make audiovisual (or other) copies of them or otherwise record them. You are not entitled to use any part of the texts or graphics of the Online Courses without the Company´s consent and acknowledge that the content of the Online Courses is protected by copyright as a copyrighted work of the Company.
You acknowledge that the user account may be temporarily inoperable or unavailable, subject to a maximum of 24 hours of inoperability or unavailability per calendar month, due to technical difficulties, system upgrades and other necessary maintenance. The Company will not be liable for any inoperability or unavailability of the user account caused by you or any third party.
Educational videos, tutorials and content of the Online Course are the copyright of the Company.

VI. In-Person Training

The Company allows a Customer who has purchased and completed the Online Course to attend In-Person Training to further enhance the knowledge gained through the Online Course.
The date and venue of the In-Person Training is determined by the Company.
To participate in the In-Person Training, you must first complete the Online Course and have a laptop with internet connection.
The price of the In-Person Training includes directly associated costs, in particular lecturer´s fees and rent for the premises where the In-Person Training is held. The price is exclusive of any other costs, including without limitation for an In-Person Training that has been modified compared to the version offered on the Website or costs of transporting the Customer to the In-Person Training venue.
You must notify the Company in writing if you wish to cancel the In-Person Training immediately upon becoming aware of the reason for cancellation.
If you are not an entrepreneur, you have the right to withdraw from the Agreement without giving any reason when ordering the In-Person Training or the Market Analyses, no later than on the 14th day from the date of order of the In-Person Training (provided that the In-Person Training has not yet commenced in the meantime) or from the date of order of the Market Analyses. Withdrawal can be made electronically by email info@fxcg-education.com stating that you are withdrawing from the Agreement or by using the form available here. A credit note will then be sent to you with the amount corresponding to the price paid for the In-Person Training or Market Analyses. The price paid will be refunded to you no later than 30 days after receipt of the email to the Company with notice of withdrawal to the bank account from which the payment was received into the Company´s bank account.
In case of no-show for the In-Person Training, the price already paid for the In-Person Training will not be refunded.
If In-Person Training is cancelled for reasons attributable to the Company after you have already paid, you will, upon written request, be refunded the full price paid to the bank account from which such payment was received into the Company´s bank account, no later than 10 working days from the date of delivery of the refund request to the Company.
The Company reserves the right to cancel an order for In-Person Training if the minimum capacity of the In-Person Training (as set by the Company) is not met, as stated in the description of the In-Person Training on the Website. The Company undertakes to inform you electronically of insufficient number of attendees by an email sent to your address indicated in the order, no later than 7 days before the expected date of the In-Person Training. In this case, you will be refunded the full price to the bank account from which you made payment to the Company´s bank account, upon your written request, no later than 10 working days from the date of the Company´s receipt of the refund request.
If you attend In-Person Training, the Company can grant you access to a DISCORD discussion group, the purpose of which is to exchange information on trading on financial markets between the participants of the In-Person Training. You acknowledge that the content of the information posted in this discussion group has not been provided by the Company and consequently, the Company will not be responsible or liable therefor. None of the information posted in this discussion group serves in any way as an investment or trading recommendation. The discussion group is for educational purposes only. You acknowledge that you are required to observe the rules of conduct within the group and maintain the confidentiality of the information learned within the discussion group. The Company reserves the right to terminate your access to this discussion group at any time, without giving any reason.

VII. Market Analyses

The Company will give access to the information channel in the DISCORD application to Customers who have purchased the Market Analyses service. This feed includes regular information and commentary on the development of major currencies and links to relevant resources.
You acknowledge that you must install the DISCORD application on the relevant mobile device in order to use the Market Analyses service.
All information available via the Market Analyses feed is intended solely for the purpose of studying topics related to financial market trading. None of this information serves in any way as an investment or trading recommendation.
You may cancel the Market Analyses service with effect at the end of the paid monthly period. You will not be entitled to a pro rata refund of the subscription fee paid for the remaining unused portion of the Market Analyses service. This is without prejudice to any right you may be entitled to as a consumer.
You may cancel the subscription to the Market Analyses Service via billing.stripe.com by clicking on “Cancel Weekly Analyses Subscription”.
You acknowledge that your views expressed via the Market Analyses channel must comply with the rules of conduct and confidentiality in respect of the facts you learn when using the Market Analyses channel. In the event of a breach of any of these obligations, the Company reserves the right to terminate your access to this channel at any time, even without giving any reason. The price paid will not be refunded in such a case.

VIII. Rights from Defects

The rights and obligations of the parties with regard to defects are governed by the relevant laws and regulations (including without limitation Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
The Company guarantees to its Customers that the Service provided is free from defects and is fit for the use for which it is intended.
You may assert the rights arising from defects at the Company´s registered office, or in writing (by e-mail or by mail). A claim is presumed exercised once the Company receives the claim from the Customer.
All information provided to Customers by the Company through the educational services is intended solely for the purpose of studying topics related to trading on financial markets. None of this information will in any way serve as investment or trading recommendations. You acknowledge that the Company is not a registered broker, investment advisor or consultant.

IX. Other Rights and Obligations of the Parties

The Company is not bound by any codes of conduct in relation to the Customers within the meaning of Section 1826(1)(e) of the Civil Code.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes (i.e. disputes between the Company and the Customer who is not an entrepreneur) arising from the Agreement.
The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes under the Agreement between the Company and the Customer.
The Company is authorized to provide services under a trade license. Trade supervision is carried out within the scope of its competence by the competent trade licensing authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
You assume the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

X. Privacy

The operator (the Company) fulfils its information obligation towards Customers within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR”) related to the processing of the Customer´s personal data for the purposes of the performance of the agreement concluded between the Operator (the Company) and the Customer, for the purposes of negotiations on the agreement and for the purposes of the Company´s performance of its public law obligations through a disclosure in a special document – Privacy Policy, available here.
By concluding an agreement with the operator (the Company), which always includes these Terms and Conditions, you expressly declare you are familiar with the principles of personal data processing, the precise wording of which you read before concluding the Agreement.
The Company processes personal data in accordance with Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016, the General Data Protection Regulation (hereinafter referred to as the “Regulation”).

XI. Confidential Information

You are obliged to keep confidential all information you have learned in connection with the conclusion and performance of the Agreement, whether provided in writing, orally, tacitly or otherwise, including without limitation the information about the Company, other Customers, the procedures used, the content of the training services, the content of the Online Course and the content of the In-Person Training and any other internal information of a similar nature (hereinafter referred to as the “Confidential Information”). You agree not to disclose the Confidential Information to any third party without the Company´s prior written consent, not to use the Confidential Information to damage the Company´s reputation and agree to protect the Confidential Information from unpermitted disclosure. Disclosure of Confidential Information that is made pursuant to law or a decision of a public authority or where such Confidential Information becomes generally known or publicly available through no fault of a party will not be deemed a breach of this provision. If you breach the obligation to protect the Confidential Information, you will be liable to pay damages to the Company in full without undue delay after receiving a written bill from the Company specifying the amount of damage incurred.

XII. Final Provisions

All rights and obligations under the Agreement will be governed by the valid and effective laws of the Czech Republic. Court jurisdiction will be governed by Act No. 99/1963 Coll., the Civil Procedure Code, as amended. Any controversy or disputes will be decided by Czech courts with subject-matter and territorial jurisdiction.
If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision with a meaning that most approximates the invalid provision. The invalidity or ineffectiveness of a provision will not prejudice the validity of the remaining provisions. Amendments to the Agreement or the Terms and Conditions will be in writing.
These Terms and Conditions may only be derogated from by mutual consent and upon agreement on new content by both parties. If only one party wishes to derogate from the Terms and Conditions and the other party does not, these Terms will apply.
The Company is entitled to unilaterally amend, supplement or cancel these Terms in cases of reasonable need, in accordance with Section 1752(1) of the Civil Code. The Company will always do so in writing and publish the amendments in the usual manner, including without limitation on its website. In the event of an amendment to the Terms, the amended Terms will govern Agreements concluded after the effective date of the amendment, unless otherwise contractually agreed. Should you disagree with the content of the amended or supplemented Terms, you will be entitled to communicate such disagreement to the Company within seven days after becoming aware of (or being able to discover) such amendment or supplement to the Terms. If you fail to do so, you will be deemed to have accepted the amendments or supplements to the Terms.
In the event of Force Majeure, the Company will be relieved of all its obligations under the Agreement or these Terms and Conditions and any failure by the Company to comply with them will be waived, and the Company will not be liable for any damages whatsoever where such failure is caused by any Force Majeure event. Force Majeure will include, but not be limited to, acts of God or disasters, arbitrary actions of third parties, revolutions, insurrections, riots, unrest, strikes, work lockouts, occupation of property necessary for the performance of the obligations under the Agreement, wars, invasions, mobilizations, embargoes, military regimes, states of emergency, states of national emergency, emergency measures during an epidemic and the risk of its occurrence, crisis measures, changes in the political situation which restrict or prevent the performance of the obligations under the Agreement, contamination by radioactivity from nuclear fuel or any other hazardous component of an explosive nuclear device or component of such device, terrorist attack, inaction of state authorities, objectively unforeseeable influence and regulations of public authorities at the time of conclusion of the Agreement, any new legislation with retroactive effect which prevents the Company from performing its obligations under the Agreement and which the Company could not have foreseen, overcome or averted or influenced, even with all efforts that may reasonably be required of it, or the delay of third parties.
Contact details of the Company: delivery address Nové sady 988/2, Staré Brno, 602 00 Brno, e-mail address info@fxcg-education.com, phone +420 ‭608 434 912‬.
These General Terms and Conditions are valid and effective from 1. 7. 2023 and supersede all previous provisions and practices. The Company reserves the right to amend these General Terms and Conditions without prior notice.