Terms and Conditions
1. Acceptance of Terms:
Upon accessing and utilizing the digital products and services of The 4AM Club (hereinafter referred to as “the company”), the user and/or client unequivocally hereby consent to abide by and to be bound by the terms and conditions contained herein.
2. Educational Purposes Only:
It is crucial to note that the company’s suite of digital offerings is crafted for educational purposes only. Membership in the 4AM Club affords clients access to a range of digital content, software, educational courses and certain accredited and regulated financial service providers. These courses span a variety of subjects, including property investment, private equity, online business development, social media marketing, sales training, forex trading, and brokerage practices.
In this regard, the company and/or any of its Directors, shareholders and/or representatives and/or its employees and/or agents and/or affiliates and/or its subsidiaries, shall not be held liable for any financial loss incurred as a result of any interpretation of the educational digital products provided by the company. The company and/or its Directors, shareholders and/or representatives and/or its employees and/or agents and/or affiliates and/or its subsidiaries are hereby absolved of any and all liability from whatever cause arising and are held harmless in respect thereof.
3. Refund Policy:
It is further noted that all sales of the membership and/or products are final and binding and no refunds will be given. Given the nature of digital products and the provision of unique activation codes, refunds cannot be provided once the product is activated. Customers are encouraged to review the product requirements, feedback reports, and features thoroughly prior to the purchase thereof.
4. Use of Products and Knowledge:
It is recorded that the company provides tools and knowledge to its clients and/or users for educational purposes solely; however, the utilization thereof is solely at the discretion of the individual client and/or user. The company and/or any of its Directors, shareholders and/or representatives and/or its employees and/or agents and/or affiliates and/or its subsidiaries shall not be held accountable for any losses arising from the utilization of its products by the user and/or client.
In this regard, the company and/or any of its Directors, shareholders and/or representatives and/or its employees and/or agents and/or affiliates and/or its subsidiaries shall not be held liable for any financial loss incurred as a result of any interpretation of the educational digital products provided by the company. The company and/or its Directors, shareholders and/or representatives and/or its employees and/or agents and/or affiliates and/or its subsidiaries are hereby absolved of any and all liability from whatever cause arising and are held harmless in respect thereof.
The company and/or its Directors, shareholders and/or representatives and/or its employees and/or agents and/or affiliates and/or its subsidiaries accept no responsibility in respect of all aspects relating to the product, including but not limited to the sale of the educational digital products, which are sold on this website and/or its Applications, customer service, and support.
5. Intellectual Property:
At all material times, the digital products, including but not limited to text, graphics, images, and software, shall remain the sole and exclusive property of the company and are subject to and safeguarded by the copyright and trademark laws of the Republic of South Africa.
Any unauthorized utilization or reproduction of said materials is strictly prohibited and may result in legal action being pursued against the perpetrator.
6. Legal Framework and Compliance:
This agreement and the provision of membership services are governed by the laws of the Republic of South Africa. In particular, the Consumer Protection Act 68 of 2008, which affords consumers certain rights and protections in relation to electronic transactions and membership purchases, as well as the Electronic Communications and Transactions Act 25 of 2002, which outlines the regulatory framework for electronic commerce, may not be applicable in certain transactions conducted with the company.
7. Consumer Privacy Policy:
The company and/or its Directors, shareholders and/or representatives and/or its employees and/or agents and/or affiliates and/or its subsidiaries shall take all reasonable steps to protect the personal information of users as per the Protection of Personal Information Act 4 of 2013 (POPIA). Personal information shall be handled strictly in compliance with POPIA and any relevant privacy legislation.
8. Modification of Terms:
The company and/or its Directors, shareholders and/or representatives and/or its employees and/or agents and/or affiliates and/or its subsidiaries may, at its sole discretion and instance unilaterally and without any prior notice to the clients and/or users, vary these terms and conditions and/or any portion thereof, at any time without notice.
The continued utilization of the digital products and services following any such variation and/or modification constitutes a tacit acceptance of the modified terms and conditions of the respective digital educational product, by the users and/or client.
9. Subscription Management
Clients who subscribe to any monthly or annual membership, or any product with recurring charges, are solely responsible for managing their subscriptions. It is the client’s duty to monitor and update their subscription status as needed. The company will not be held liable for any charges incurred due to the client’s failure to manage their subscription, including but not limited to instances where a client does not cancel or modify their subscription before the renewal date. No refunds will be issued for subscriptions once a client has signed up for them but failed to manage their subscription.
10. Payment Options Accepted:
Payments may be made via Visa, Mastercard, or by Electronic Funds Transfer (EFT) into the company bank account, the details of which will be provided upon request.
11. Card Acquiring and Security:
Card transactions will be acquired for the company via PayStack (Pty) Ltd, the approved payment gateway for all South African Acquiring Banks.
12. Responsibility:
The company and/or its Directors, shareholders and/or representatives and/or its employees and/or agents and/or affiliates and/or its subsidiaries take responsibility for all aspects relating to the transaction, including the sale of digital educational products and services sold on this website and/or its Applications, customer service, and support.
13. Country of Domicile:
This website and the transactions conducted through it are governed by the laws of the Republic of South Africa.
14. Variation:
The company and/or its Directors, shareholders and/or representatives and/or its employees and/or agents and/or affiliates and/or its subsidiaries may, at its sole discretion and instance unilaterally and without any prior notice to the clients, vary these terms and conditions and/or any portion thereof, at any time without notice.
The continued utilization of the digital products and services following any such variation and/or modification constitutes a tacit acceptance of the modified terms and conditions of the respective digital educational product, by the users and or clients.
15. Company Information:
This website is run by the company, being a private company duly registered and incorporated in terms of the company laws of the Republic of South Africa.
16. Risk Warning and Disclaimer:
Engaging in financial operations or activities via 4AM Asset Management FSP Number 51867, carries inherent risks. It is advised that investing should only be conducted after thoroughly assessing the risks, associated expenses, investment objectives, and your own experience. If necessary, professional financial advice should be sought by the client and/or user.
17. No Guarantee
Clients are hereby made aware and informed that no guarantees and/or warranties are made in respect of profits and/or financial gain, due to the nature of financial markets and the inherent risk/s of investing.
18. Additional Clauses:
- Intellectual Property:
All intellectual property rights therein are the sole and exclusive property of the company. The digital platform is licensed, not sold, to the user. This digital platform shall at all times remain the sole and exclusive property of the company and shall in no way be duplicated, copied, or utilized and/or dispersed for whatever purpose whatsoever, without the prior written consent of the company having first been had and obtained in writing.
- Limitation of Liability:
The company and/or its Directors, shareholders and/or representatives and/or its employees and/or agents and/or affiliates and/or its subsidiaries shall not be held liable for any direct and/or indirect and/or incidental and/or consequential damages, including but not limited to financial loss.
In utilizing the digital products offered by the company, the client and/or user tacitly acknowledges and accepts the inherent risks occasioned thereby and holds the company and/or its Directors, shareholders and/or representatives and/or its employees and/or agents and/or affiliates and/or its subsidiaries harmless in all respects.
- Amendments and Updates:
The company reserves its rights to unilaterally amend and/or update the digital platform and/or its terms and conditions of service at any time and at its sole and absolute discretion. In this regard, users shall be notified of significant amendments via the contact information provided by the user to the company.
19. Acceptance of Terms and Conditions:
By purchasing and using the digital platform from the company, the client and/or user acknowledges and confirms that they have read, understood, and agreed to abide by the aforementioned terms and conditions, and that the client and/or user is fully aware of all of their rights and obligations under the laws of the Republic of South Africa.
