Vincero Investment Academy
TERMS AND CONDITIONS OF USE / SERVICE AGREEMENT
This is our Service Agreement. JH Capital Limited (“Company”) offers its services to you subject to the terms and conditions (“Terms and Conditions”) contained in this Service Agreement (“Agreement”). If you sign up for membership of Vincero Investment Academy (“Membership” or “Membership Program”), you become a member of the Vincero Investment Academy (“Member”) and shall accept and be deemed to have accepted this Agreement and these Terms and Conditions.


1. Scope of Agreement 
The Agreement supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the subject matter contained herein. Unless explicitly stated otherwise, any offer(s) and services made available to you by the Company shall be subject to the Agreement. The Company may amend any non material terms of the Agreement from time to time in its sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification; and (c) material amendments shall only take effect upon our giving to you of written notifications and you having no objection notified to us within 7 days of your receipt of such written notice. The latest Agreement will be posted on the website of the Vincero Investment Academy at www.vinceroia.com (“Membership Site”), and you should review the Agreement prior to using the Membership Site and/or other services made available by the Company. By your continued use of the Membership Site and/or other services made available by the Company, you hereby agree to comply with, and be bound by, all of the Terms and Conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check this page for updates and/or changes.

2. Requirements
The Membership Program is available only to individuals that can enter into legally binding contracts under Applicable Law (as defined below). In addition, the Membership Program is not intended for use by individuals under eighteen (18) years of age. If you are under the age of eighteen (18), you do not have permission to use and/or access the Membership Site and/or any resources under the Membership Program. The Company shall not be responsible for any losses, damages etc. incurred as a result of such unauthorised use of the Membership Program.

3. Description of Membership Contents
Subject to the terms and conditions of the Agreement, by registering for Membership on the website and/or by email submission and/or any other methods prescribed by the Company, you can obtain the Membership Contents. The Membership will enable you to: (a) access and utilize the information, resources and training programs that are designed to facilitate interaction between you and the Company’s support staff; and (b) utilize the many information, resources and programs that are provided or otherwise made available by the Company, its parent company, subsidiaries and affiliates, and their respective members, officers, directors, shareholders, employees, agents, co-branders and/or other partners (“Vincero Entities”) including, without limitation, live virtual trainings, training materials, digital audio recordings, digital video, Telegram channels and Facebook groups (collectively “Membership Contents”). As a Member, in connection with the Membership Contents and otherwise, you must comply with all foreign and domestic, federal, state and local laws, statutes, rules, regulations and judicial decrees including, without limitation, all foreign and domestic, federal, state and local laws, statutes securities laws (“Applicable Laws”). You understand and agree that the Company is not responsible or liable in any manner whatsoever for your inability to use the Membership Contents and/or Membership Site.

4. License Grant & User Restrictions
As a Member, during the term of the Agreement, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Membership Contents, Membership Site and associated content in accordance with the Agreement and subject also to the terms and conditions of third parties who operate the relevant platforms (e.g. Facebook and Telegram). The Company may terminate this license at any time for any reason. You may use the Membership Contents, Membership Site and associated content, on one computer for your own personal, non-commercial use. No part of the Membership Contents, Membership Site and associated content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. Systematic retrieval of content or other material from Membership Contents and Membership Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Company is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Membership Contents and Membership Site or any portion thereof. The Company reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Membership Contents and Membership Site. You may not take any action that imposes an unreasonable or disproportionately large load on the Company’s infrastructure. Your right to use the Membership Contents and Membership Site and associated content is personal only and not transferable.

You are prohibited from posting on or transmitting to the Membership Site and/or other platforms (e.g. Telegram Channel and Facebook Group) maintained by Vincero Entities (collectively “Membership Platforms”) any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any Applicable Laws. You are also prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, or (c) contains a virus, bug or other harmful item.

The Company retains the right at its sole and absolute discretion to deny access of any person to the Membership Contents and the Membership Platforms, at any time without notice and for any reason, including, but not limited to, for violation of the Agreement. If the Company has reasons to suspect that you have breached the Agreement or that there is any reasonable suspicion of fraud, abuse, or other suspicious activity on your part, the Company may forthwith suspend or terminate your access to the Membership Contents and the Membership Platforms without compensation and without prejudice to other rights of the Company.

The Company may, from time to time, monitor and review any information transmitted or received through the Membership Platforms. The Company reserves the right (but is not obliged in any event) to control, sensor, edit, remove or prohibit the transmission or receipt of any information that the Company deems inappropriate or in violation of the Agreement. During monitoring, the information may be examined, recorded or copied. The Vincero Entities shall have full right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display any suggestions, ideas, comments, questions or information posted on the Membership Platforms. The Vincero Entities expressly disclaim any liability for any information posted by others (whether the same shall have been edited by Vincero Entities or not).

5. Proprietary Rights
The text, audio or video clips, content, data, organization, graphics, design, compilation, magnetic translation, digital conversion, software, applications, functions, services and other matters related to the Membership Contents and Membership Platforms, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, reproduction or publication by you of any part of the Membership Contents and Membership Platforms is strictly prohibited. You do not acquire ownership or other proprietary rights to any content, document, digital videos, services or other materials viewed at or through the Membership Contents and/or Membership Platforms. The posting of information or material on the Membership Platforms does not constitute a waiver of any right in such information and/or materials. If you breach any of the terms herein in particular regarding unauthorised use or infringement of proprietary rights, in addition to the Company's immediate termination of your Membership, the Company will take all and any action it may deem necessary (including issuing legal proceedings) against you in order to safeguard its rights. Such action may also involve the Company's notification of your infringement/breach to the police and/or relevant regulatory bodies, where applicable.

6. Editing, Deleting and Modification
The Company reserves the right in its sole discretion to edit and/or delete any documents, information or other content appearing on the Membership Platforms. From time to time the Company may without notice add, remove, suspend, or change features or functionality of the Membership Platforms. Features and functionality previously provided may no longer be available after the change.

7. User Information
By signing up for the Membership, you acknowledge and consent to the terms of the Company’s privacy policy (including the collection and use of personal data provided by you), which is available at www.vinceroia.com 


8. Indemnification
You agree to indemnify and hold each of the Vincero Entities harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any party due to or arising out of: (a) your use of the Membership Contents and the Membership Platforms; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of each of the Vincero Entities. Each of the Vincero Entities shall have the right to assert and enforce these provisions directly against you on his / its own behalf.

9. Disclaimers
The information contained in the Membership Contents and the Membership Platforms is generic in nature and for information purpose only, it does not take into account any personal objectives, financial situation or needs. Nothing contained in the Membership Contents and the Membership Platforms (including but not limited to trade alerts provided by Vincero Entities in the course of any Membership program) is to be construed as a recommendation, advice or opinion of any sort; or an invitation or offer to buy or sell, or the solicitation or inducement of an offer to buy or sell any security, futures contract, financial product, instrument, commodity, foreign exchange or investment; or to participate in any particular trading strategy. You should not make any decision (financial, investment, trading or otherwise) based on the information contained in the Membership Contents and/or Membership Platforms without undertaking independent due diligence and/or consultation with your professional advisor(s). Reproduction or redistribution of the information contained in the Membership Contents and Membership Platforms is strictly prohibited. Vincero Entities do not represent, warrant or guarantee, either expressly or by implication, that any information contained in the Membership Contents and Membership Platforms is true, accurate, up-to-date, complete or fit for any purpose and you should not rely upon it as such. The Vincero Entities shall not be liable for any consequential effect, nor be liable for any loss or damage, howsoever caused, arising from any person’s use of or reliance on any information contained in the Membership Contents and Membership Platforms and shall not be liable for any error, omission or any other quality issue in such information.

Any comments or information found on the Membership Platforms may not be necessarily the comments or information provided by Vincero Entities and should not be construed as a solicitation or recommendation by the Vincero Entities. The comments posted may be of Members who may or may not be experienced. The comments may not have been reviewed or researched by the Vincero Entities. If you chose to make decisions or place trades based upon the comments, you are doing so at your own risk. The Vincero Entities take no responsibility for third party comments or information on the Membership Platforms and are not responsible for any losses/damages incurred/suffered due to the use or reliance on such information.

For the avoidance of doubt, each of the Vincero Entities is not providing analysis, exchange, trading, brokers, or investment advisory services on the Membership Platforms. The Vincero Entities do not purport to tell/suggest/recommend to people what exchange, trading or investment decisions shall be made or who can guide them so. None of the Vincero Entities is responsible for any exchange, trading, or investment decision made by any person on the basis of using the Membership Contents and the Membership Platforms. All Members and other investors should always read the corresponding prospectus and other relevant material, check with their licensed financial advisor and their tax advisor to determine the suitability of any exchange or investment.

You must be 18 years of age or older to use Membership Contents and the Membership Platforms. You represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by, the contract created by these Terms and Conditions. You shall not access or use the Membership Platforms or the Membership Contents if the same shall be illegal or shall constitute infringement of private or public rights in the jurisdiction from which you access or use the same.

None of the Vincero Entities is providing exchange, investment, tax or legal advice, acting as a fiduciary or endorsing any company, property, product, service, exchange, security, instrument, or any other matter by posting any information on the Membership Platforms or otherwise by making available any Membership Contents.
Unauthorized use of the Membership Contents and Membership Platforms may lead to a claim for damages and/or be a criminal offense.

The Company reserves the right to, and may, terminate or temporarily suspend your access to all or any part of the Membership Platforms and Membership Contents without notice, for conduct that the Company believes violates these Terms and Conditions or any of its policies or guidelines, or for any other reason in its sole discretion. The Company will bear no responsibility or liability from such action.

Your use of any information contained in the Membership Contents and Membership Platforms is entirely at your own risk, for which the Vincero Entities shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Membership Platforms and contained in the Membership Contents meet your specific requirements.

The Memberships may contain programs of an educational format only in which certain trade alerts may be given to Members during the programs. Any trade alerts are to be used at your own discretion and are given along with the Memberships as an educational add-on to help you understand the tools and techniques taught in the course and facilitate the learning process for the knowledge and/or strategies taught through the in the Membership Site, live virtual trainings and/or workshops. Members shall note the disclaimers and limitation of liability set out in these Terms and Conditions.

10. Limitation of Liability
All performance information and comment given from other Members found on the Membership Platforms about trading systems or strategies must be regarded as hypothetical. Before using any systems or strategies referred to or discussed in the Membership Platforms and Membership Contents, you should be aware that there is often a vast difference between hypothetical results and real-life trading results achievable in a real brokerage account, and real-live results are almost always vastly worse than hypothetical results. Performance results for systems and strategies referred to or discussed in Membership Platforms and Membership Contents may not take into account fees, spreads and/or trading commissions that may be charged by your broker or a money manager.

HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM OR STRATEGIES. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM OR STRATEGY WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.

Subject to the warnings above, if you choose to copy or otherwise utilize any specific traders and/or trading program or strategy and/or trades and/or to engage in transactions based on the Membership Consents or other contents on the Membership Platforms, then such decision and transactions and any consequences flowing therefrom are your sole responsibility.

Notwithstanding any other provisions in the Agreement, in no event shall the Company be liable to you for any loss of business chance, loss of profit, economic loss, indirect and/or consequential loss or damages arising from the Agreement, whether based on contract, tort, strict liability or otherwise, which arises out of or is in any way connected with the Agreement.

11. Third Party Websites
The Membership Contents and Membership Platforms may provide links to other Internet websites and/or resources. The Vincero Entities have no control over such third party websites and/or resources. You hereby acknowledge and agree that the Vincero Entities are not responsible for the availability of such third party websites and/or resources. Furthermore, the Vincero Entities do not endorse, and are not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials available at or from such third party websites or resources, or for any damages and/or losses arising there from. The Vincero Entities do not make any representations or warranties regarding the matters available on such third-party websites.

12. Legal Warning
Any attempt by any individual, whether or not a Member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Membership Platforms, is a violation of criminal and civil law and the Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

13. Dispute Resolution Provisions
The Agreement shall be treated as though it were executed and performed in Hong Kong, and shall be governed by and construed in accordance with the laws of Hong Kong (without regard to conflict of law principles). 

Any dispute, controversy, difference or claim arising out of or relating to the Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in Hong Kong.

Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Vincero Entities. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs incurred by any of the Vincero Entities in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement.


14. Miscellaneous
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with Applicable Law and the remaining portions shall remain in full force and effect. If a court finds part of the Agreement illegal, the rest will continue and remain in force and effect. Each of the paragraphs of these Terms and Conditions operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. The Agreement is personal between you and Company. To the extent that anything in or associated with the Membership Platforms and/or Membership Contents is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. The Company’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.

15. Payments and Renewals
The fees for the Membership and/or other products and services of the Company are set out in https://www.vinceroia.com/vtm-order-page-3.

Unless otherwise stated in the Agreement, the fees charged by the Company is net of taxes (if any), which shall be borne solely by you. All payments payable by you to the Company for the Membership or otherwise in respect of the Agreement shall be made on time and in full without any deduction, set-off, withholding or condition of any kind. If any payment paid to Company is required to be repaid by virtue of any law relating to insolvency, bankruptcy or liquidation or for any other reason, the Company shall be entitled to recover such sums from you as if such monies have not been paid. 

If you do not make any payment to the Company by any due date set out by electronic email in writing by the Company at support@vinceroia.com, the Company may charge you interest on the overdue amount at the rate of 4% per year. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. 

This Agreement shall commence on the date of your signing-up of the Membership and shall be automatically renewed for another membership period immediately after the end date of the initial membership period and each subsequent renewed membership period. You have the right to stop the renewal for the Membership. You must notify us in writing 7 days before the expiry of your membership period. If you notify us less than 7 days before the renewal, there will be an administrative charge of 10% of the relevant Membership Fee plus any payment gateway and bank charges to be borne by you. No refunds will be made if notification comes after the renewal date.


16. Cancellations and Refunds
The Company offers a 7-day refund period. The 7-day period starts from the point at which payment was made for your Membership. In order for your refund to be valid, a cancellation notice must be sent by electronic email in writing to the Company at support@vinceroia.com before the end of the refund period otherwise your refundability shall lapse. No refund will be permitted if within the 7-day refund period you have attended/been provided with any course/course materials, and/or accessed the Membership Contents or Membership Site and associated content.

If a refund under the terms of the Agreement is made, the Company will process it within 14 days. 10% of the Membership fee (as administrative fee) plus any payment gateway and bank charges will be borne by you and deducted from any repayments to you. 

17. Customer Service
If you have any questions, please contact us at support@vinceroia.com


Last updated: July 2021
Copyright © 2021 JH Capital Limited