Risk Warning & Disclaimer

⚠️ HIGH RISK WARNING — Trading in FOREX, CFDs, Commodities, Indices, Cryptocurrencies, and US Stock CFDs involves a substantial risk of loss and is not suitable for all investors. You may lose significantly more than your initial deposit. Never invest money you cannot afford to lose.

1. WHO WE ARE

Smart Online Trader S.A. is a brand of Diversit-e Smart Trade College (Pty) Ltd, a company registered in the Republic of South Africa (Registration No. 2026/199265/07). Smart Online Trader LLC (Tax ID: 37-2060884) is a sister entity incorporated in the State of Delaware, USA. Together they are referred to as “Smart Online Trader” or “SOT”.

Smart Online Trader specialises in online trading education through its fintech ecosystem comprising:

  • Performance Academy — online trading education and expert-led mentoring;
  • Performance Lab — Prop Firm Evaluations and Simulated Instant Funding;
  • Advanced Trade Tech — access to third-party trading platforms.

SOT does not provide financial advice, portfolio management services, or intermediary services as defined under the Financial Advisory and Intermediary Services Act, 37 of 2002 (“FAIS Act”).

2. IMPORTANT: SOT IS NOT A FINANCIAL SERVICES PROVIDER

SOT S.A., SOT LLC, and their employees, sales executives, affiliates, brand ambassadors, reseller agents, coaches, and course specialists are NOT registered financial services providers (FSPs) under the FAIS Act and are NOT licensed to provide financial advice, investment advice, or portfolio management services of any kind.

SOT’s role is strictly limited to:

  • providing online trading education in a structured, curriculum-based format;
  • introducing Users to SOT’s Preferred Broker(s) for the purpose of opening a self-managed trading account;
  • facilitating access to third-party trading platforms for educational and self-directed trading purposes.

In terms of the FAIS Act, all active trading in FOREX, CFDs, Commodities, Indices, Cryptocurrencies, and related instruments must be executed through an appropriately licensed and regulated broker. It is the User’s sole responsibility to familiarise themselves with the relevant Preferred Broker’s regulatory status, Client Agreement, Risk Disclosure Statement, and all applicable terms and conditions before opening any trading account.

3. PREFERRED BROKERS

SOT may introduce the User to one or more Preferred Brokers as part of its service offering. SOT’s roster of Preferred Brokers may include multiple licensed financial services providers and may change from time to time as new Broker partnerships are established or existing partnerships are amended or discontinued.

The User acknowledges and accepts that:

  • the identity of the applicable Preferred Broker will be disclosed to the User at the relevant time;
  • the User must independently review and accept the Preferred Broker’s own Client Agreement, Risk Disclosure Statement, and applicable terms and conditions before trading;
  • all trading-related matters — including account opening, trade execution, margin requirements, drawdown limits, fees, and withdrawal terms — are governed exclusively by the Preferred Broker’s terms and conditions;
  • SOT is not a party to any agreement between the User and a Preferred Broker;
  • Broker trading commissions, spreads, swap fees, and other charges are for the User’s account and vary between Brokers.

4. TRADING RISK ACKNOWLEDGEMENT

4.1 General Trading Risks

By purchasing any SOT Product or Service or using any SOT content, you acknowledge and accept the following risks:

  • FOREX, CFDs, Commodities, Indices, Cryptocurrencies, and US Stock CFDs are complex, leveraged financial products. Leverage magnifies both potential gains and potential losses.
  • You can lose substantially more than your initial deposit and any margin payments. In some circumstances, you may receive a margin call requiring you to deposit additional funds to maintain open positions.
  • Market prices can move rapidly and unpredictably, even for professional traders. Volatility events can result in significant losses in a very short period.
  • CFDs are over-the-counter (OTC) products and are not listed on any securities exchange.
  • Past performance of any trading strategy, educational example, or course specialist’s analysis does not guarantee or predict future results. Hypothetical or simulated performance results have inherent limitations.
  • Global trading in capital markets may expose South African Clients to currency risk, including the impact of Rand exchange rate fluctuations.

4.2 Exchange Control Risk

South African Clients who open international trading accounts must comply with the Exchange Control Regulations, 1961 (issued under the Currency and Exchanges Act, 9 of 1933). You are solely responsible for ensuring compliance with all applicable foreign exchange allowances and for obtaining any required South African Revenue Service (SARS) tax clearance before remitting funds offshore. SOT accepts no liability for any Exchange Control violations by the User.

4.3 Technology and Platform Risk

Third-party trading platforms recommended by SOT may experience downtime, technical failures, connectivity issues, or periods of inaccessibility. SOT accepts no liability for any trading losses, missed opportunities, or other damages arising from platform unavailability, technical failures, or the acts or omissions of any third-party platform provider.

4.4 Simulated Funding Risk

Performance Lab Simulated Funded Accounts do NOT involve real capital. Simulated Funded Accounts are provided by the Preferred Broker using simulated trading environments. Any disbursements made from a Simulated Funded Account are conditional disbursements made by the Broker at its sole discretion in accordance with the Broker’s own rules, which may change from time to time. Such disbursements are NOT wages, investment returns, or guaranteed income of any kind. SOT makes no representation regarding the amount, timing, or certainty of any disbursement.

5. EDUCATIONAL DISCLAIMER

All content, resources, trade ideas, market analyses, chart analyses, coaching sessions, Telegram signals, and any other material provided by SOT through any channel — including the Website, The Hub, Telegram, email, WhatsApp, or live sessions — is provided for educational and informational purposes only.

Nothing in SOT’s content or communications shall constitute or be construed as:

  • a recommendation to buy, sell, hold, or trade any specific financial instrument;
  • financial advice or investment advice as defined by the FAIS Act;
  • a representation or warranty that any trading strategy or approach will be profitable;
  • a guarantee of any specific trading outcome or investment return.

Trade ideas published by SOT’s course specialists reflect their own personal trading strategies and market analysis at a specific point in time. They are shared for educational illustration purposes as and when market opportunities are identified. You must always apply your own independent judgment, risk management strategy, and analysis when making any trading decision. SOT strongly recommends that you consult an independent FSCA-registered or appropriately qualified financial advisor before making any trading or investment decisions.

6. NO RESPONSIBILITY FOR THIRD-PARTY SERVICES

SOT shall not be responsible or liable for:

  • the conduct, regulatory compliance, solvency, or decisions of any Preferred Broker;
  • any loss arising from any Preferred Broker’s actions, omissions, platform failures, or rule changes;
  • the availability, accuracy, or functionality of any third-party trading platform;
  • any loss arising from incorrect pricing, failed trade execution, or platform outages by any Preferred Broker or platform provider;
  • any failure, insolvency, or misconduct of any third-party payment processor, including Netcash, Stripe, or CT-International Financiers.

7. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable South African law, including the CPA, SOT, its directors, officers, employees, affiliates, contractors, agents, brand ambassadors, and reseller agents shall not be liable for:

  • any trading losses or loss of capital in any amount;
  • loss of profits, business, revenue, goodwill, or opportunity of any kind;
  • loss of data or loss of access to any trading platform, Hub, or account;
  • any special, indirect, incidental, exemplary, or consequential damages of any nature;
  • any damages arising from reliance on any SOT educational content, trade idea, market analysis, or coaching session;
  • any failure or delay in performance caused by force majeure events.

This limitation of liability does not exclude or restrict:

  • liability for death or personal injury arising from SOT’s own negligence;
  • liability for fraud or fraudulent misrepresentation;
  • any other liability that cannot lawfully be excluded or limited under South African law.

8. INDEMNIFICATION

You agree to fully indemnify, defend, and hold harmless SOT, its directors, employees, affiliates, agents, and reseller partners against any loss, damage, claim, demand, or expense (including reasonable legal costs on an attorney and own client scale) arising from:

  • your breach of these terms, the Terms and Conditions of Purchase, or any other SOT agreement;
  • your trading activities or investment decisions made in reliance on SOT content;
  • your violation of any applicable law, including Exchange Control Regulations;
  • any third-party claim arising from your use of SOT’s Products, Services, or content.

9. ACKNOWLEDGEMENT

By accessing SOT’s Website, signing a Purchase Agreement, purchasing any Product or Service, or using any content provided by SOT, you confirm that you have read and fully understood this Risk Warning and Disclaimer, that you freely accept all risks associated with trading in capital markets, that you understand SOT is not a financial services provider, and that you are solely responsible for all trading decisions, risk management, and trading outcomes.