General Terms and Conditions
Contact Information
For all correspondence, including notices, cancellation requests, and refund disputes, please use the following email address: rektcapital@rektcapital.co
Terms of Business
This agreement is between Rekt Capital, a company registered in London, UK (“the Company”, “our”, “us”, or “we”) and the entity identified as You in the purchase process (“you” or “your”), whether signed by you or not (the “Agreement”).
(a) This Agreement commences on the date you purchase any of our Services (“Commencement Date”). (b) You have requested us to provide you with the Services, which may include a course, a membership, or the Rekt Capital Elite Membership. (c) You agree you have read and understood the terms of this Agreement, and by receiving the Services, are taken to have agreed to be bound by this Agreement.
1 Definitions and Interpretation
1.1 In this document unless otherwise defined in this clause, capitalized words have the meaning given in context:
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Agreement means the agreement between us as set out in this document.
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Company means Rekt Capital.
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Services means any course, membership program, or the Rekt Capital Elite Membership provided by the Company to you, including access to exclusive content, live calls, community forums, or course materials, as applicable to the specific product purchased.
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Term means the Initial Term and any Further Term, as the context requires.
1.2 Interpretation – in this agreement, unless the context requires otherwise: (a) if a word or phrase is defined, then other grammatical versions of the word or phrase will have the corresponding meaning; (b) words in the singular include the plural and vice versa; (c) ‘includes’ and similar words mean includes without limitation; (d) headings are for convenience and do not affect the interpretation of this agreement; (e) a reference to a natural person includes a body corporate, partnership, joint venture, association, corporation, government or other body or other legal entity; (f) a reference to a party includes that party’s directors, officers, employees, legal personal representatives, successors and assigns; (g) if more than one person is identified as a Party, that expression refers to all of them, and the obligations of the Party under the Agreement bind them jointly and severally; (h) a reference to currency or monetary figure means United States Dollars ($USD) unless otherwise specified.
2 Term of Agreement and Automatic Renewal
2.1 The Services are provided for the term specified at the time of purchase (“Initial Term”). For the Rekt Capital Elite Membership, the Initial Term is 12 months from the Commencement Date.
2.2 Automatic Renewal (Membership Services Only): Unless terminated earlier in accordance with this Agreement, membership Services will automatically renew for successive periods (each a “Further Term”) at the then-current membership fee, unless you provide a written request for non-renewal to the Company. For the Rekt Capital Elite Membership, the Further Term is 12 months.
2.3 Cancellation of Automatic Renewal (Membership Services Only): A renewal reminder for the membership will be sent to you via email one (1) week before the renewal date. To prevent the automatic renewal of your membership, your written request for non-renewal must be sent via email to rektcapital@rektcapital.co and received by the Company no later than twenty-four (24) hours before the end of the then-current Term. Failure to provide timely notice may result in a deduction of refund transaction costs from any refunded amount. These refund transaction costs are charged by our payment processing platform, Stripe, and the amount is determined by Stripe based on the original charge amount.
3 Fees & Payment
3.1 All amounts are stated in United States Dollars ($USD).
3.2 You agree to pay the full fee for the Services, which is the full amount charged for the course or membership purchased (or the special rate agreed upon at the time of sign-up) for the Initial Term.
3.3 The full fee for the Initial Term is due and payable on the Commencement Date.
3.4 For any Further Term, the membership fee will be the then-current annual fee, due and payable on the renewal date.
3.5 If any payment is not received when due, you agree the Company may: (a) suspend your access to the Services; (b) terminate this Agreement, and the termination provisions in clause 11 will then apply; and/or (c) charge interest on any overdue payment, accruing daily from the date when payment becomes due until the date of payment, at the rate of 10% per annum (compounding monthly).
3.6 By providing your credit or debit card details to the Company or by using our payment gateway, you are authorizing the Company to charge the credit or debit card for payment for the Services and keep the card details on file for the payment of future Fees when due, including the automatic renewal fee.
3.7 You agree to provide an alternative credit or debit card should a payment fail for any reason, including an expired card or insufficient funds.
3.8 You will not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.
3.9 If any payment is dishonored, or remains outstanding without any valid reason, you agree to pay any dishonor fees incurred by us, as well as any fees associated with recouping payment on chargebacks, and any costs and disbursements incurred by us in pursuing the debt (including legal costs on a solicitor and own client basis and collection agency costs, where permitted by law).
3.10 Unless expressly stated otherwise, all prices or other sums payable or any other consideration provided or to be provided under or in connection with this agreement do not include Sales Tax or Value Added Tax (VAT).
4 Refund Policy
4.1 Courses: The Company does not offer refunds for the purchase of any course Services.
4.2 Memberships (including Elite Membership): The Company does not offer refunds for membership Services. If you request a cancellation and refund for a membership Service during the membership year, the Company may, at its sole discretion, issue a prorated refund for the unused portion of the membership term. Any such prorated refund will be subject to a deduction for any bank transfer fees, currency conversion costs, and a refund transaction fee charged by our payment processing platform, Stripe. The amount of the Stripe refund transaction fee is determined by Stripe based on the original charge amount.
4.3 Disputes: If there is a dispute about a refund, you must first put your request in writing and submit it to our Contact Information listed above and allow us to respond before taking further action.
5 Delivery of Services
5.1 You will work cooperatively with the Company so that the Company can provide the Services, including promptly and efficiently providing all responses, information, and materials (which will be current and accurate) as requested by the Company.
5.2 You acknowledge that the Services are delivered to you in a variety of ways including through group consulting calls and or video conferencing (e.g., the weekly Elite Member live calls) or through online course materials. Group sessions are provided only at the pre-arranged times, which may be updated with notice to you, and it is your responsibility to attend at those times.
5.3 We reserve the right to record our calls or video conferences for our own purposes, including advertising or promotional activities, without remuneration. Please note that any information you may share in a group setting may not remain confidential within the group, so please consider this carefully before you speak.
6 Financial and Earnings Disclaimer
6.1 Not Financial Advice: You acknowledge and agree that the Services, including all content, materials, and communications provided by the Company, are for educational and informational purposes only and do not constitute financial, investment, legal, or tax advice. You should consult with a qualified professional for any such advice.
6.2 No Guarantees: You acknowledge that the Company makes no guarantee, warranty or promise that the Services will generate any increase in trading profits, investment returns, or any other form of improvement, result or benefit for you. To the extent permitted by law, any condition or warranty that is otherwise imposed or implied by law is expressly excluded.
6.3 Personal Responsibility: Whilst we may make trading and investment strategy recommendations, these recommendations are to be used as a general guide, and you are ultimately responsible for your own financial decisions and performance. You cannot rely on our Services as the sole basis for your trading or investment activities.
6.4 Warranties: At the time of entering into this agreement, you warrant (promise) to the Company: (a) payment of our Fee for the Services, or entering into this Agreement, will not place a significant financial burden on you, or cause you to suffer an insolvency event (such as bankruptcy or liquidation, any precursor event/step to the appointment of a receiver, trustee or liquidator, or anything indicative of you not being able to pay your debts as and when they fall due); and (b) in entering into the Agreement, you have not relied on any representations, promises, statements or otherwise given by or on behalf of the Company.
6.5 Risk Acknowledgment: You acknowledge that while the Company will do its best to provide the Services using reasonable care and diligence; by engaging us you are using the Company’s Services is at your own risk.
7 User Conduct and Community Guidelines
7.1 Prohibited Conduct: You agree not to use the Services, including any community forums or live calls, to: (a) harass, abuse, or threaten others; (b) post or transmit any unlawful, harmful, defamatory, or otherwise objectionable material; (c) post or transmit any unsolicited advertising, promotional materials, or spam; (d) impersonate any person or entity; or (e) violate any applicable local, state, national, or international law.
7.2 Right to Remove: The Company reserves the right to immediately suspend or terminate your access to the Services without refund if you violate these User Conduct and Community Guidelines.
8 Limitation of Liability
8.1 Other than as required under applicable consumer protection laws, we make no warranties or representations about the suitability, reliability, availability, timeliness or accuracy of any Services provided.
8.2 Where warranties are implied by law our liability will be limited in respect of any claim to, at our option, resupplying the Services or promptly remedying the fault in the Services.
8.3 To the fullest extent permitted by law, we: (a) exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in this agreement; and (b) exclude all liability for consequential or incidental damages suffered by you or any other person or entity resulting from any claim based on breach of warranty, breach of contract, or any other law, even if we should have known of the possibility of the damage or loss being suffered.
8.4 The parties agree that our total aggregate liability for all claims relating to this agreement is limited to the fees received by us from you in the 6-month period immediately preceding the date of claim.
8.5 This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of this agreement or your use of our Services.
8.6 The liability for any claim relating to this agreement will be reduced to the extent to which the other party’s negligence contributed to the damage relating to the claim.
9 Intellectual Property
9.1 Intellectual property rights means all intellectual property rights whether now existing or created after the commencement date, including copyright and related rights, registered and unregistered trade and service marks, inventions, including patents, designs, coding, confidential information, trade secrets, know how, research data, formulae, worksheets, standard operating procedures, templates, spreadsheets, recordings, training materials, discoveries and any other intangible proprietary rights whether registered or not, arising from creative and or intellectual activity.
9.2 All of intellectual property rights in our tools and the content of the Services made available to you (including New Material) belong to the Company (“Company Materials”).
9.3 You acknowledge and agree any new or modified intellectual property or material created or developed by the Company in connection with the Services (“New Material”) is owned by the Company: (a) To the extent you are involved in any way in the development of the New Material or modified intellectual property in connection with the Services or this Agreement, you agree any right you may have in that intellectual property is automatically assigned to the Company on creation, and you will sign and do such things as the Company requests to further document the Company’s ownership.
9.4 In providing the Services to you, the Company may use intellectual property owned or licensed by a third party (“Third Party IP”). You acknowledge and agree you do not own the Third Party IP and will not use or alter any Third Party IP other than as expressly permitted in writing by the Company.
9.5 Permission to use Company Materials: (a) By this Agreement we grant to you a revocable, personal, non-transferable license to use the Company Materials within your personal capacity, so long as you are participating in the Services. You may not disclose, resell, redistribute or share our intellectual property or copyright materials with any other person. (b) Nothing in this Agreement can be construed to confer on you any rights or ownership to our Company Materials. Other than stated below, we do not grant you any other right or license to use our intellectual property. (c) Without limiting the above, you acknowledge that all Company Materials and New Materials are the Company’s intellectual property, and the disclosure or redistribution of any Company Materials or New Materials to any person or third party will cause damage to the Company, for which you may be found liable. (d) What does this mean? It means you may only use our intellectual property, pursuant to this agreement. When we cease providing our Services, you may only use the materials we have provided for the original purpose for which they were provided and cannot resell or share them with others. Our intellectual property is a valuable asset of our business and we take steps to protect it.
10 Confidentiality and Privacy
10.1 Privacy of personal information (a) You agree that your personal data may be collected, used, and retained by the Company for the education of other clients of the Company, for marketing purposes, and otherwise in connection with the provision of the Services and this Agreement. (b) The Company will maintain and use your personal information in accordance with the Company’s privacy policy published on our website, as amended from time to time.
10.2 Confidential Information means the information, forms, specifications, processes, statements, formulae, trade secrets, drawings and data concerning the operations and dealing of each party’s business, and the organization, finance, customers, markets, suppliers, intellectual property and know-how of a party and any of its related or associated entities.
10.3 In performing Services for you, each party will have access to confidential information about the other party’s business which a reasonable person would consider to be confidential. If either party are unsure whether information is confidential or not, assume it remains confidential until told otherwise.
10.4 Each party agrees to keep the other party’s confidential information confidential. Neither party will keep, store or share any confidential information about the other party’s business, except for the purpose of delivering and implementing the Services.
10.5 Both parties agree to keep confidential information confidential unless: (a) the confidential information is transferred to the public domain through no fault or action of the other party; (b) written authority is given to release it by the party who owns it; or (c) required by a legal notice to disclose that information and have written to the other party and first advised of that obligation.
11 Termination
11.1 Termination by Company: The Company may terminate this Agreement immediately by written notice to you if: (a) you breach any term of this Agreement and fail to remedy the breach within 7 days of receiving notice requiring you to do so; (b) you breach any term of this Agreement which is not capable of remedy; (c) you become bankrupt or insolvent; (d) you engage in any conduct that is unlawful, unethical, or harmful to the Company or its reputation; or (e) you fail to pay any amount due under this Agreement when due.
11.2 Consequences of Termination: Upon termination of this Agreement for any reason: (a) your access to the Services will immediately cease; (b) all amounts due to the Company under this Agreement will become immediately payable; and (c) Clauses 6, 7, 8, 9, 10, and 12 will survive termination.
12 General
12.1 Governing Law: This Agreement is governed by the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.
12.2 Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and negotiations, whether written or oral, relating to the subject matter of this Agreement.
12.3 Modification of Terms: The Company reserves the right to modify these Terms of Agreement at any time. The Company will notify you of any material changes by posting the updated terms on its website or by email. Your continued use of the Services after such notification constitutes your acceptance of the modified terms.
12.4 Force Majeure: The Company shall not be liable for any failure or delay in performance of its obligations under this Agreement where such failure or delay results from any cause beyond the Company’s reasonable control, including, but not limited to, acts of God, war, terrorism, major internet or power outages, or governmental regulations.
12.5 Waiver: A waiver of any right or remedy under this Agreement is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
12.6 Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
12.7 Assignment: You may not assign or transfer any of your rights or obligations under this Agreement without the prior written consent of the Company. The Company may assign or transfer any of its rights or obligations under this Agreement without your consent.
12.8 Notices: Any notice required or permitted to be given under this Agreement must be in writing and delivered by email to the respective email addresses of the parties.
