TERMS OF ACCESS AGREEMENT: VRTX™ MULTI-INDICATOR TRADING TOOL
TERMS OF ACCESS AGREEMENT: VRTX™ MULTI-INDICATOR TRADING TOOL
1. THE PARTIES
The Provider: Investnet (Pty) Ltd, a private company duly registered and incorporated in accordance with the company laws of the Republic of South Africa.
The Subscriber: The individual or legal entity accessing, subscribing to, or utilizing the VRTX™ Multi-Indicator Trading Tool (hereinafter referred to as "the Subscriber" or "You").
2. GRANT OF LICENSE & INTELLECTUAL PROPERTY
Conditional License: The Provider hereby grants the Subscriber a non-exclusive, non-transferable, personal, and revocable license to utilize the VRTX™ Multi-Indicator Trading Tool (hereinafter referred to as "VRTX™").
Permitted Use: The license is granted strictly for the Subscriber’s personal use or internal business operations. The Subscriber is expressly prohibited from reselling, copying, distributing, sub-licensing, or reverse-engineering VRTX™.
Intellectual Property Rights: All legal title, copyright, trademarks, proprietary source codes, and intellectual property rights in and to VRTX™ vest exclusively in Investnet (Pty) Ltd. This ownership remains absolute, notwithstanding any marketing, introduction, or sales activities conducted by authorized third-party intermediaries on behalf of the Provider.
3. SUBSCRIPTION OPTIONS, FEES, AND AUTOMATIC RENEWAL
Access Tiers: The Subscriber may elect to subscribe to either the VRTX™ Light tier (tailored for beginners) or the VRTX™ Heavy tier (tailored for advanced users).
Setup Fee: A once-off, non-refundable setup fee of R5,000.00 (Five Thousand Rand) is payable upon inception of the service.
Tier Upgrades: Should the Subscriber upgrade from the Light tier to the Heavy tier, the once-off setup fee shall be waived for the upgrade.
Monthly Subscription Fees: Access to the software is subject to a monthly subscription fee, payable monthly in advance.
Payment Method: Monthly fees shall be collected via recurring monthly debit order, processed through MultiData, a secure South African payment gateway.
Automatic Renewal: The subscription shall automatically renew 30 days prior to renewal of your selected term unless terminated by the Subscriber in writing address to license@investnet.co.za, or via the user dashboard in accordance with the cancellation provisions herein.
4. DEFAULT, NON-PAYMENT, AND SUSPENSION OF SERVICE
Immediate Suspension: If a monthly debit order fails, is rejected, or is reversed by the Subscriber's banking institution, access to VRTX™ will be automatically suspended on the payment due date.
Grace Period: The Provider may, at its sole discretion, grant a 3 (three) business day grace period to allow the Subscriber to exit open trades, or remedy the payment default. Failure to settle the outstanding amount within this period will result in the permanent deactivation of the VRTX™ license key.
Exclusion of Liability for Disruption: The Provider accepts no liability whatsoever for financial losses, missed trading opportunities, or damages arising out of the suspension or deactivation of access due to the Subscriber's non-payment.
5. CONSUMER RIGHTS & CANCELLATION (ECTA & CPA COMPLIANCE)
Statutory Cooling-Off Period: In terms of Section 44 of the Electronic Communications and Transactions Act (ECTA) 25 of 2002, the Subscriber is entitled to a 7-day cooling-off period to cancel the transaction without penalty, provided that the VRTX™ tool has not been accessed, activated, or utilized.
Standard Termination: The Subscriber may terminate this subscription by providing 1 (one) calendar month’s written notice. Access to VRTX™ will persist until the final day of the notice month, after which the license will expire.
6. NO FINANCIAL ADVICE & INDEMNIFICATION
Technical Analysis Only: VRTX™ is designed, developed, and provided strictly for analytical purposes. The tool, its indicators, and outputs do not constitute financial, investment, or trading advice under the Financial Advisory and Intermediary Services Act (FAIS Act) 37 of 2002.
Assumption of Risk: The Subscriber explicitly acknowledges that all financial trading involves substantial risk. Past performance or indicator signals do not guarantee future financial outcomes.
Indemnity: The Subscriber trades entirely at their own risk on a self-managed account. The Subscriber hereby indemnifies and holds harmless Investnet (Pty) Ltd, its directors, employees, and any authorized third-party introducers against any financial losses, trading deficits, damages, or costs incurred while using VRTX™.
The Subscriber explicitly acknowledges and agrees that the Provider shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to financial or trading losses, lost profits, or missed market opportunities, resulting from the unavailability, downtime, or malfunction of such indicator tools.
Excused Interruptions. The Provider shall be fully exempt from liability for any failure, delay, or interruption of service if such event is caused by:
Acts of God: Including, but not limited to, natural disasters, severe weather, fires, floods, or explosions.
Circumstances Beyond Reasonable Control: Including, but not limited to, third-party software outages, API failures, internet service provider disruptions, cyberattacks, war, riots, or government actions.
Scheduled and Emergency Maintenance: Routine software updates, system patches, or emergency maintenance performed by either the Provider or the third-party software developer.
No Warranties. The service is provided on an "as-is" and "as-available" basis. The Provider makes no guarantees or warranties regarding the continuous, uninterrupted, or error-free operation of any third-party indicator tools.
7. PROTECTION OF PERSONAL INFORMATION ACT (POPIA) COMPLIANCE
Consent to Process: By entering into this Agreement, the Subscriber expressly consents to the Provider collecting, processing, storing, and sharing their personal information (including name, banking details, contact info, and identity number) for the purpose of executing this contract, managing the subscription, and processing payments via MultiData.
Lawful Processing: The Provider warrants that all personal information shall be processed lawfully, fairly, and securely in strict accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).
Data Security: The Provider implements robust technical and organizational security measures to protect the Subscriber's data against unauthorized access, loss, or destruction.
Third Parties: Personal information will only be shared with verified third-party service providers (such as C & K Moneyline (Pty) Ltd and MultiData) to the extent necessary to fulfill this contract or as required by South African law.
8. PROMOTION OF ACCESS TO INFORMATION ACT (PAIA) COMPLIANCE
Right of Access: In terms of the Promotion of Access to Information Act 2 of 2000 (PAIA), the Subscriber has the right to request access to records held by the Provider, subject to the procedural requirements set out in the Provider's PAIA Manual.
9. AUTHORITY AND MANDATE
I/we acknowledge that all payment instructions issued by you shall be treated by my/our above-mentioned Bank as if they had been issued by me/us personally.
This signed Authority and Mandate refers to my Access Agreement.
DEBIT ORDER INSTRUCTION
I/We hereby authorise C & K Moneyline, on behalf of the Provider, to issue and deliver payment instructions to your banker for collection against my/our account at my/our bank as specified (or any other bank or branch to which I/we may transfer my/our account) on condition that the sum of such payment instructions will never exceed my/our obligations as agreed to in the Agreement, and commencing on the commencement date and continuing for a [selected term] . The individual payment instructions so authorised must be issued and delivered as follows:
a) On the “payment day” (or the first business day thereafter should the payment day fall on a weekend or public holiday) of every month commencing on the commencement date.
b) Further, if there are insufficient funds in the nominated account to meet the obligation, you are entitled to track my/our account and re-present the instruction for payment as soon as sufficient funds are available.
c) Monthly: on or after the dates when the obligation in terms of the Agreement is due, and the amount of each payment instruction may not be more or less than the obligation due.
d) I /We understand that the withdrawals hereby authorised will be processed through a computerized system provided by the South African Banks, and I/we also understand that details of each withdrawal will be printed on my/our bank statement. This Agreement is to be identified using my/our Ref MultiDforSTNOW [customer ID] .
e) I /We understand that a Credit Card account cannot be used for the presentation of this debit order. I/We hereby authorise C & K Moneyline to use any of my/our cheque, savings, or current accounts they have a record of, or as may be telephonically supplied by me/us, for the presentation of this debit order.
f) Subsequent payment instructions will continue to be given under this authority until the obligations specified in the Access Agreement have been fulfilled.
g) I/we will confirm in writing the cancellation of this authority by providing at least one calendar months’ notice. I will attach proof that the outstanding balance has been settled in full OR provide verified proof of an alternative payment arrangement. The authorized email address for this clause is license@investnet.co.za
I / We agree that although I/we may cancel this Authority and Mandate, such cancellation will not cancel the Access Agreement or the balance on the Agreement Amount due. I / We also understand that I / We cannot reclaim amounts which have been withdrawn from my / our account (paid) in terms of the authority and mandate if such amounts were legally owed to you. I will be liable for any amount/s due while I had access to the VRTX™ Multi-Indicator Trading Tool, even if I used it or not, and until I have cancelled the access in terms of the agreement.
CONTINUATION
This Authority and Mandate, which I agree and accept, will continue on a month-to-month basis if no cancellation request is received as per the cancellation clause.
I / We ACCEPT THESE TERMS.
Subscriber Signature
Print and sign
