Terms of Use

Version 1.0

Date: 10 November 2023

By accessing and using this website and its content, or by authorizing third parties to access use the Platform, you agree to be bound by terms and conditions of use (hereafter: “Terms of Use”), which constitute an agreement between yourself (hereinafter "User") and JBB Forex Education CommV, commanditaire vennootschap, with offices at Werkenstraat 85, 8610 Handzame (Kortemark), Belgium, registered with the Belgian Crossroad Bank of Enterprises under company number 0804.865.517 (hereinafter "JBB Forex Education"). By accepting the Terms of Use, you waive the application of any other terms.

Article 1.

Definitions

For the purpose of these Terms of Use, the following capitalized terms shall have the meanings set forth below

"Content": all content available on the Platform, as made available by JBB Forex Education (“JBB Content”) or by Users (“User Content”).
"Intellectual Property Rights": all acquired and future intellectual property rights, including but not limited to copyrights, trademarks, design rights, patents, know-how, trade secrets, all applications for the protection or registration of the aforementioned rights and all extensions and renewals thereof existing anywhere in the world, and all other intellectual property rights protected by applicable law.
“Platform”: the online information sharing and discussion platform, accessible via the application Discord, including the JBB Content, the User Content and the discussion forum, made available by JBB Forex Education whereon User is entitled, subject to these Terms of Use, to access and view the Content and to join the conversation on the user forum with other user.
“Marks”: all registered and unregistered trademarks, logos, trade names, domain names, icons, buttons, banners, graphic files, images, copyright notices or any other proprietary element of JBB Forex Education that is used in the context of the Website, the Platform and the Content. All Marks are considered to be protected under the Intellectual Property Rights of JBB Forex Education.
“Website”: the website www.jbbforexeducation.com.

Article 2.

Purpose and license

These Terms of Use, including all supplementary documentation and manuals related to the Website and the Platform, describe the terms and conditions under which User may access and use the Website, the Platform and the Content.
Subject to the provisions of these Terms of Use, JBB Forex Education grants User a non-exclusive, non-transferable, non-sublicensable, worldwide and revocable license to access and use the Website, the Platform and the Content for the purpose of accessing and viewing the Content via the Platform and to make use of the discussion forum on the Platform.

Article 3.

Access to the Platform

Access to the Platform shall only be granted after creating a valid user account on the Website and by providing all necessary subscription information. The User is required to install Discord (https://discord.com).
User guarantees to be at least 18 years old.
User guarantees to act for private purposes as a consumer, and not for professional reasons.
If the conditions referred to in paragraphs 2 and 3 are not met, JBB Forex Education may disable the User account and revoke all access to the Platform and the Content without prior notice.
User is initially granted a limited 14-day access to the Platform and the Content. Afterwards, the subscription is automatically charged unless the User revokes his subscription before expiration of the forementioned period. See further regarding the right to revocation under Article 8.

Article 4.

Using the platform – rules of conduct

User shall comply with all restrictions set forth in these Terms of Use and in all other relevant documentation made available by JBB Forex Education. If JBB Forex Education believes, in its sole discretion, that User has violated or attempts to violate any term, condition or the spirit of these Terms of Use, the license pursuant to these Terms of Use may be temporarily or permanently revoked, with or without notice to User.
User accepts full responsibility to keep his login credentials confidential and shall therefore not share such credentials with any third party.
Upon fulfilment of all requirements set forth in these Terms of Use, User is granted a non-exclusive, worldwide, non-transferable and non-sublicensable right to access the Website, the Platform and the Content, for private educational purposes of the User.
User may additionally use the Platform to (1) participate in discussions with other users related to Forex trading (2) and to share individual Forex trades with other users.
User further guarantees that he will not directly or indirectly undertake or attempt any of the following:

Interfere with, modify or disable any features, functionality or security controls of the Platform or the Website.
Avoid, bypass, disable, remove or otherwise circumvent any security measure of the Platform or the Website.
Remove or obfuscate any Mark of JBB Forex Education.
Repackage or resell the Content in whole or in part.
Download or export in any way Content from its original location on the Platform.
Deeplink, frame or otherwise distribute or communicate any Content on sources outside the Platform.
Upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way any material or information on the Platform that is not related to Forex trading, unless insofar allowed by JBB Forex Education (e.g. via separate side-discussion channels).
Provide or offer to provide investment or trading advice to other users via the Platform.
Upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way any material or information that is inaccurate, low-quality or misleading to other users.
Upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way any material or information that is inappropriate, vulgar, profane, abusive, threatening, hateful, defamatory, obscene or otherwise unlawful.
Upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way any information or software which contains malware, spyware, viruses, Trojan horses, worms or any similar malicious or disruptive software, or otherwise interfere or attempt to interfere with the operation of the Platform or the Website in any way through any means or device, including spamming or hacking.
Upload, post, publish, transmit, reproduce, link to or otherwise distribute in any way, on the Platform, information, software or other material or any derivative work or portion thereof, which is protected by any Intellectual Property Right of third parties, without obtaining the necessary permission(s).
Disrupt the normal flow of dialogue or otherwise act in a matter that negatively affects other users.
Make inquiries on the Platform about any activities, or otherwise inciting activities, that are harmful or illegal according to applicable law.
Post, transmit, link to, or otherwise distribute any unsolicited advertising, promotional material or other forms of solicitation on the Platform.
Probe, scan or test (or attempt to do so) the vulnerability of the Website or the Platform.
Invade the privacy of or obtain personal information about other user or to obtain a list of other users.
Impersonate or falsely represent User’s association with any person, including another user of, or a representative or moderator of the Platform.
1. In case of non-fulfillment of any of the above restrictions and declarations, JBB Forex Education shall be entitled to suspend or permanently revoke Users access to the Platform.

Article 5.

Payments

The pricing is subscription-based. Payment is only accepted through monthly direct debits. No other means of payment are accepted.
All amounts on the Website are stated in euros and are mentioned including taxes such as VAT.
In the absence of successful payment by the User through the abovementioned payment method:

JBB Forex Education shall be entitled to suspend the access to the Platform and the Content until the date of the full and unconditional payment of the amounts due.
User shall receive a primary payment reminder with shall mention the potential costs as detailed below in case of persistent non-payment. In case of non-payment within 14 days following such reminder, JBB Forex Education will be entitled to a conventional late payment interest according to the Belgian statutory interest rate, as well as a conventional damages fee calculated as follows:
- For debts below 150,00 EUR: 20,00 EUR
- For debts between 150,00 EUR and 500,00 EUR: 30,00 plus 10% on the scale above 150,00 EUR
- For debts above 500,00 EUR: 65,00 EUR plus 5% on the scale above 500,00 EUR, with a maximum damage fee of 2.000,00 EUR.
- Late payment of an invoice makes all other outstanding invoices become immediately due, even if the due dates of those invoices have not yet expired.
- By providing online access to the Platform, JBB Forex Education has fulfilled its obligation of delivery.

Article 6.

Intellectual Property Rights

All Intellectual Property Rights with regards to the Website, the Platform, the JBB Content, the Marks, and any related element, rest exclusively with JBB Forex Education or its licensors. User acknowledges and agrees that the Platform and any Content made available therein, may contain software, components or services made available by third parties, and that in connection with User’s access and use of such software, components or services, additional terms and conditions of third-party owners or licensors may apply.
Subject to the limited licenses expressly provided in these Terms of Use, nothing in these Terms of Use transfers or assigns to User any of JBB Forex Education’s Intellectual Property Rights in the Website, the Platform, the Content, the Marks, or any other proprietary element of JBB Forex Education or the respective Intellectual Property Rights in any User Content of other users.
Unless allowed pursuant to the limited licenses expressly provided in these Terms of Use, or to the extent allowed pursuant to mandatory law, User is not allowed to reproduce, modify, distribute, republish, download, communicate, post, transmit, exploit or manipulate in any way, the Platform, the Content and the JBB Forex Education Marks, in whole or in part, directly or indirectly, by any means, without the prior written consent of JBB Forex Education or third party owners or licensors of JBB Forex Education.
Unless allowed pursuant to the limited licenses expressly provided in these Terms of Use, or to the extent allowed pursuant to mandatory law, User is not allowed to reverse engineer, decompile, disassemble or derive source code, underlying ideas, algorithms, structure or organizational form from the Platform or the Content.
If the User uploads, posts, publishes, transmits, reproduces, links to or otherwise distributes User Content to or via the Platform, the User grants to JBB Forex Education a worldwide, non-exclusive, royalty-free, transferable and sublicensable right to publicly communicate, reproduce and modify the User Content. Such right to use on the User Content is entered into for a duration equal to the statutory copyright protection term applicable to the User Content.

Article 7.

Termination

JBB Forex Education may, of its own volition and without legal intervention, terminate this agreement in the event of a breach of contract by the User which is not rectified within 15 days of the User being given written notice of default by JBB Forex Education. Such termination shall be immediate without such prior notice in case of fraud or illegal activities by the User.
User may terminate the agreement without cause by terminating its account to the Platform.
Termination of the agreement, regardless of the reason, shall never lead to the right of User to any restitution of any due or paid amount.
All parts of this agreement which by their nature should remain in effect even after termination shall remain in effect even after termination, including, but not limited to, limitation of liability, disclaimer of warranties and outstanding payment obligations.

Article 8.

Statutory right of revocation

If User has entered into an agreement as a consumer, User has a statutory right to revoke the agreement without needing to state reasons, within 14 days after concluding the agreement.
User can invoke its right to revocation:

by sending an e-mail to JBB Forex Education at info@jbbforexeducation.com;
by cancelling the subscription via the Website;
or by filling in and e-mailing us the model form for revocation:

I/we (*) hereby revoke the contract concluded by me/us (*) to purchase the following goods (*)/to deliver the following service (*)/: …
— ordered on (*)/received on (*) …
— name of customer(s) …
— address of customer(s) …
— date …
(*) Delete where applicable

Article 9.

Support

In case of problems regarding the Platform or the Content, User may contact JBB Forex Education at any time either by e-mail or using the contact form on the website. JBB Forex Education undertakes to provide all necessary support and/or to solve the issue at hand within a reasonable time. It shall be at JBB Forex Education’s sole discretion to decide upon the means of such support and/or solutions, without providing any guarantees.

Article 10.

Liability and disclaimers

User warrants and represents that he shall use and rely upon the Content with professional care and only for private educational purposes, and in accordance with all course materials, instructions, manuals, guidelines and other relevant documentation made available by JBB Forex Education, and at least in accordance with reasonable common practices.
User fully understands that the Content is purely informational and cannot be considered as individual trading or investment advice tailored to the individual purposes of the User. JBB Forex Education does not guarantee that reliance upon the JBB Content shall lead to positive investment results. Accordingly, JBB Forex Education disclaims all warranties, express or implied, including, but not limited to, warranties of quality and fitness for a particular purpose. JBB Forex Education shall not be liable for any damages resulting from the User’s misuse of or reliance upon the Content.
JBB Forex Education warrants and represents that the Platform, including the Content, shall be developed and made available with reasonable skill and care and in accordance with good industry practice. However, JBB Forex Education does not warrant that the Platform, including the Content, will be error free or will be continuously available uninterrupted. Except as otherwise expressly provided, the Platform, including the Content, is made available “as is” and “as available” according to the reasonable efforts of JBB Forex Education.
Except in the event of willful misconduct, JBB Forex Education shall not be liable for or required to compensate any immaterial, indirect or consequential damages including (but not limited to) loss of profits, loss of turnover, loss of revenue, loss of data, loss of anticipated savings, business interruptions, production restrictions, damage to computer systems, increase in administrative or staff costs, increase in overheads, loss of reputation or goodwill, loss of customers or claims from third parties, damage caused by errors, misuse of language, omissions or ambiguities in supplied user guides or other documents.
Except in the case of willful misconduct, the total contractual and extra-contractual liability of JBB Forex Education (including its directors, employees, agents and affiliated persons or entities) for all damages that may occur shall at all times be limited to the amount paid by the User during the year prior to the occurrence of the damage.
Any claim by the User for damages against JBB Forex Education (including its directors, employees, agents and affiliated persons or entities) shall expire by operation of law if it is not brought before the competent court within a period of one year after the facts on which the claim is based were known to the User or could reasonably have been known to him.

Article 11.

Third party information and links to and from third party sites

Information on the Platform may include information supplied by independent third parties. While JBB Forex Education makes every reasonable effort to ensure the accuracy of all information on the Platform, JBB Forex Education makes no warranty as to the accuracy of any such information, and is not responsible for injuries or harm User may suffer in relying on information supplied by independent third parties.
This Platform may contain links that will let User access other websites that are not under the control of JBB Forex Education. If User elects to click on a link that redirects User to other websites, User understands that JBB Forex Education may prompt User to acknowledge notice that User is leaving the Platform. Whether or not User is prompted to acknowledge notice, User agrees that links to third party sites are only provided as a convenience and JBB Forex Education does not endorse any of these sites.

Article 12.

Indemnity

User agrees to indemnify JBB Forex Education, its directors, employees, independent contractors and affiliates from any and all claims, liabilities and settlements, including, but not limited to, reasonable legal and accounting fees, arising out of or allegedly resulting from conduct that violates these Terms of Use.

Article 13.

Varia

The nullity, invalidity or unenforceability of any provision of this agreement shall nonetheless retain its maximum permissible effect and shall not affect the validity and enforceability of the remaining provisions of this agreement.
This agreement is governed solely by Belgian law.
All disputes shall be subject to the exclusive jurisdiction of the Belgian courts, according to the rules of the Belgian Judicial Code (art. 624 Ger.W).