The following Terms & Conditions shall replace any prior or existing agreement between the parties, or previously issued terms & conditions, and shall apply to any existing arrangements currently operating between the parties.
By completing a registration with The Concept Trading (“TCT”, “we” or “us”) you hereby agree to be bound by the following Terms & Conditions (as amended from time to time) in addition to any contained on the registration.
You wish to obtain material and join the community provided by TCT in accordance the terms and conditions contained herein.
3.1. You have enrolled or registered for the course as set out in the enrolment form.
3.2. You are only entitled to download the course material if you have paid the applicable Tuition Fees as displayed on our website by the date as specified on the enrolment form.
3.3. We accept payment by, credit card or Paypal. You hereby authorise us to debit the total cost of your Tuition Fees for the Materials at the time of booking from details provided by you on your enrolment form.
3.4. Individual Coaching sessions can be purchased for up to $97 per 30 minutes. You hereby authorise us to debit by money transfer, bank transfer, credit card or debit card at time of booking.
3.5. Company Accounts access are subject to meeting required trading skill levels as set out in Clause 13. Company Accounts are purchased via three separate programs as shown on our website. The website displays the purchase fee and Opening Balance for each relevant program and account type.
Traditional Prop Accounts
Premier Prop Accounts
3 Over 3 Accounts
3 On The Tree
4 On The Floor
Empire Prop Accounts
4.1. We reserve the right to alter dates and times of our Experiences if it is necessary to do so for reasons beyond our reasonable control. We further reserve the right to alter the structure and content of the Experiences at our discretion without liability to you provided that the changes do not fundamentally alter the nature of the Experience.
4.2. We reserve the right at our discretion to exclude any Student from any Experience (or any part thereof) for any reason in our absolute discretion. Refunds of or credits for Tuition Fees in such circumstances will be determined on case-by-case basis.
5.1. We reserve the right to refuse your individual coaching booking due to unavailability. If the requested session becomes unavailable, you will be placed onto a waiting list and notified of a cancellation on a first-come- first-served basis.
6.1. You agree to keep all information about TCT’s business, information learned, and Materials received strictly confidential.
6.2. You agree not to disclose to third parties, reproduce, transmit, adapt, disseminate, distribute, load, post, transmit, store in a retrieval system, sell, modify, or republish or otherwise use any of the Confidential Information without our prior written consent, other than for the lawful purposes set out in the Copyright Act 1986 (Cth).
6.3. You acknowledge that the Materials contain Confidential Information and trade secrets belonging to TCT and you further acknowledge and agree that TCT owns the copyright and Intellectual Property Rights in relation to the Confidential Information.
6.4. This clause 6 shall not apply in relation to information that (other than by breach of any duty of confidence) has come into the public domain; is obtained from a third party or was already known to the receiving party before these Terms and Conditions were entered into; or is required to be disclosed by order of a court of competent jurisdiction.
7.1. TCT shall have sole title and ownership of all Intellectual Property Rights in the Materials or Recordings or created in the provision of any of its services.
8.1. Where legislation (including the Competition and Consumer Act 2010 (CT.) implies consumer guarantees, warranties, or conditions or imposes obligations which cannot be excluded, restricted, or modified except to a limited extent these Terms and Conditions must be read subject to any such statutory provisions.
8.2. If such statutory provisions apply, to the extent to which TCT are entitled to do so, the liability of each will be limited at their option to the supply of the services again, or the payment of the cost of having the services performed again.
9.1. TCT shall have no liability if they are prevented from or delayed in performing their obligations by acts, events or omissions beyond their control including, without limitation strikes, failure of transport network, national emergency, war, terrorism, acts of god, civil commotion, malicious damage, compliance with any law or regulation, fire, flood, storm, or default of contractors. If TCT is prevented from performing its obligations under these Terms and Conditions for a period of 90 days or more, TCT shall on request refund any Tuition Fees paid.
9.2. Under no circumstances, including negligence, will TCT be liable for any direct, indirect, incidental, special or consequential damages including, without limitation, business loss or damage such as loss of profits or anticipated savings. Where liability cannot be excluded, TCT’s liability shall be limited to an amount equal to the amount of Tuition Fees paid by you to TCT for the Material and Experiences.
10.1. We warrant that our services will be provided with reasonable care. We do not make any other promises or warranties about our services.
10.2. Save for fraudulent representations, we shall not be liable for any warranties or representations unless they are set out in these Terms and Conditions. All advertising material and all prior representations are hereby superseded by these Terms and Conditions except for any terms agreed in writing between you and us. This agreement contains the entire understanding between you and TCT and may not be modified unless in writing and signed by you and a director of TCT.
10.3. You hereby agree and acknowledge that:
10.3.1 Any decision to invest in any financial or investment product is made by you alone. You must use a licensed financial adviser or broker should you wish to make investments. TCT do not recommend any specific investments.
10.3.2 The Experiences and Materials are for educational purposes only.
10.3.3. Any transaction or market information provided by TCT to you (“Investment Examples”) is provided as general information for educational and illustrative purposes only and does not constitute and cannot be relied upon as a recommendation to trade. TCT make no representation, warranty, or guarantee, and accept no liability for, the accuracy or completeness of any such information, and you rely on such information at your sole risk. Price information pertaining to the Investment Examples is subject to market changes.
11.1. You hereby consent to TCT, their agents, authorised independent contractors or their nominees making Recordings during the Experience(s) and acknowledge that you may be included in any such Recordings and that you will not be given any payment for their use.
11.2. You hereby acknowledge that the Recordings are the exclusive property of TCT and TCT is the exclusive copyright owner. You shall have no claim, right or interest to any of the Recordings and you hereby grant permission to TCT to use any of said reproductions in any responsible manner, in whole or in part, individually or in conjunction with other materials, in any medium and for any purpose whatsoever, including, but not limited to, promotional materials and commercial purposes for the full duration of the copyright in the Recordings including any extensions or renewals of the copyright term and grant TCT the right if TCT so chooses to use your name in connection with any of the foregoing. You further hereby waive any right to inspect or approve the Recordings or their use (including without limitation any text which may accompany the Recordings).
11.3. Nothing herein will constitute any obligation on behalf of TCT to make any use of the Recordings.
11.4. You may not make any Recordings during the Experience(s) without our prior written permission.
12.1 You will be issued a trading account once your funds are cleared to our bank account. However, profit payments will not be released until you have provided proof of identification and bank account ownership.
12.2 In order to provide you with the account we must act within regulatory requirements, in particular the Anti Money Laundering and Counter Terrorism Financing Act. Therefore we require proof of identification, proof of address and proof of ownership of nominated bank account that we will be paying profits to.
12.3 For all Prop accounts you will be given access to MT4 platform and products available on that platform consist of Margin FX, Index CFDs, Crypto Currencies CFDs and commodity CFDs.
12.4 You agree to trade the Prop account consistently, and with appropriate trading risk management disciplines. These include placing a trade with appropriate lot size relevant to the Prop accounts total equity balance.
12.5 The Concept Trading reserves the right to terminate the Prop Account without prior notification. If the Prop Account is terminated, you agree that The Concept Trading is under no obligation to offer a refund or any other type of compensation.
12.6 You agree to lodge invoice for profit share once you have hit the set target within 30 days. Any invoices lodged after the 30 days will be rejected.
12.7 The Concept Trading in its own sole judgment, terminate the account of a client, in the following circumstances
12.8 The Concept Trading reserves the right to approve or deny a clients request to scale an account. This judgment will be made based on trading size and style of the client.
12.9 The Rules for Prop or Challenge accounts are defined as per below.
The Traditional Prop Account Model
The Premier Prop Account Model
The Three Over Three Account Model
Empire Prop Account Model
1. A Prop account is a sub account of The Concept AU/NZ Pty Ltd account with its preferred broker and is subject to that broker’s terms and conditions. The service provider must ensure it adheres to the rules and laws of the preferred broker.
2. The Prop account may operate on a server that is live, demo or another type.
3. You will be required to download the Metatrader 4 or Metatrader 5 trading platform from our preferred broker.
4. The Prop account Opening Balance could be a mix of cash and/or waived margin.
5. You will be provided with logins enabling you to trade the Prop account.
6. You accept that any funds in the Prop account are owned by the Company, and all trading is done on behalf of the Company accordingly.
7. You acknowledge that funds cannot be withdrawn from the Prop account, nor can it be closed by you.
8. The Prop account may be terminated by the Company at any time at its absolute discretion without notice.
9. The Prop account will be automatically terminated if the Prop account Total Equity balance falls below the account Opening Balance by the set Drawdown Percentage (10%) as per the Schedule in the Contract Service Agreement at any time. The Opening Balance is the starting balance of the Level and Program you are on.
10. You agree and acknowledge that you are not liable for losses made on the Prop account unless those losses are incurred by negligence or a breach of the brokers terms and conditions.
11. Your target is per The Schedule of the Contract Service Agreement (10%) of the Prop account Opening Balance.
12. Profit share is according to the Levels and the Program you are in and limited to the percentage of the profit target.
13. Profit payout can be requested before target is reached once you are on Level 1.
14. Payout is a maximum figure as per the Level and Program you are in.
15. Only 1 payout per calendar month is allowed.
16. Once target is met the account will be closed and you will then be issued with a new account on the next Level as according to the Program you are in.
17. Profit share will be paid according to Clause 3 of the Contractor Service Agreement and the amount is according to the Level of the Program you are in.
18. There is no time limit to meet the required target to proceed to the next level.
19. If the Prop account is inactive for 6 weeks the account will be terminated.
20. If the Prop account is terminated you may be eligible for a discount in re-applying for a new Prop account Program – subject to management approval.
21. Discount request must be made within 30 calendar days of the account being terminated.
22. Applications for new prop account programs after termination will commence on Intern Level.
23. You may trade any product or asset that is available on our preferred brokers platform server.
24. You may purchase and operate up to 3 different Programs at one time.
12.10 The Concept Trading may amend these Terms and Conditions and any applicable prices or fees at any time. All changes or additions have an immediate effect, without notification being required. If a client objects to any amendment, the parties will enter into consultation with each other. If the client chooses not to accept the changes or additions, it may terminate the Agreement and forfeit any rights of compensation.
12.11 You may purchase and operate up to 3 Prop accounts of any model at any one time. These accounts cannot be subsequently merged.
12.12 Any Level 1 (or higher) account on any Prop Model can elect the 90% Lock Rule. The Lock Rule will only come into effect once the account has reached its scaling level and been paid out in full.
13.1. In order to provide you with our services, we need to collect personal information about you and obtain your agreement in relation to the handling of such personal information. If you do not provide the requested information or agree to the information handling practices detailed in these Terms & Conditions,we may be unable to provide the services outlined in these Terms & Conditions to you.
13.2. As part of our services, we may provide your contact details to certain third-party providers of complementary services from time to time, unless you notify us in writing that your consent to this is withdrawn. You shall ensure that all information provided to us is accurate and up to date at all times. Any changes must be advised to us as soon as practicable.
13.4. You authorize us to collect, use, store or otherwise process any personal information which enables us to provide and/or improve our services. This may, on occasion, require the disclosure of personal information to our related entities, agents, and service providers, and to organisations located in countries which do not have comparable laws to protect your information.
14.1. These Terms & Conditions are governed by and construed in accordance with the laws of Queensland, and the parties submit to the non- exclusive jurisdiction of the courts and tribunals in that State.
15.1. All communications relating to these Terms & Conditions shall be in writing and delivered by hand or sent by post, facsimile, or electronic mail to the party concerned at the relevant address. Any such communication shall take effect if delivered, upon delivery; if posted, two business days after it is posted to the party’s last known address; if sent by facsimile, or electronic mail, at the time of transmission (and receipt of confirmation). Where the Client is more than one person, any notice or other communication provided by TCT to one such person shall be deemed to have been provided to all such persons.
16.1. The validity, construction and performance of these Terms and Conditions shall be governed by the laws of Queensland and the parties irrevocably agree that the courts of Queensland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or its subject matter.
16.2. Your place at an Experience is personal to you and may not be transferred without our prior written consent.
16.3. No failure or delay by either party in exercising any of its rights under these Terms and Conditions shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these Terms and Conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
16.4. If any provision of these Terms and Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
16.5. These Terms and Conditions are made for the benefit of the parties to them and are not intended to benefit, or be enforceable by, anyone else.
16.6. To read our Financial Services Guide, please visit our website.
16.7. If you are not satisfied with a response received from our Customer Service Manager within 5 days, you are entitled to refer the matter to an independent complaint handling body.
We are a member of the Australian Financial Complaints Authority (“AFCA”) (Membership Number 12606).
16.8. THE CONCEPT AU/NZ PTY LTD as trading THE CONCEPT TRADING ACN 652 938 399 is regulated by The Australian Securities & Investments Commission as a Corporate Authorised Representative 001294442 of JB Markets Pty Ltd ABN 81 123 876 291, AFSL 323182.
THE CONCEPT TRADING ACN 652 938 399 provides general information and educational content only. This is not personal advice and no individual needs or circumstances have been considered, nor is this an offer to buy/sell financial products. Financial products are complex and entail risk of loss, and you should always obtain professional advice to ensure trading or investing in such products is suitable for your circumstances, and ensure you obtain, read, and understand any applicable offer or disclosure document before trading or acting upon any general advice provided. THE CONCEPT TRADING is authorised by its AFSL to provide advice on derivatives, securities and foreign exchange.