Terms and Conditions of Purchase

1. PARTIES AND DEFINITIONS

These Terms and Conditions of Purchase (“Purchase Terms”) govern all purchase transactions between Smart Online Trader SA (Pty) Ltd, Registration Number 2026/199265/07 (“SOT”, “we”, “us”, or “our”) and the Client (“you”, “the Purchaser”, or “the User”) for the purchase of any SOT Products and/or Services.

Smart Online Trader SA (Pty) Ltd services all Clients in South Africa and internationally.

2. THE PURCHASE

2.1 Object of Purchase

By completing and signing a Purchase Agreement and making payment, the Client acquires access to the selected SOT Product or Service. The specific membership tier, programme, evaluation, or service, together with the applicable price, is described in detail in the signed Purchase Agreement.

These Purchase Terms are incorporated by reference into every Purchase Agreement concluded with SOT. In the event of any conflict between the Purchase Agreement and these Purchase Terms, the Purchase Agreement shall prevail in respect of price and payment terms; these Purchase Terms shall prevail in all other respects. All verbal representations or commitments made during the sales process are not binding. The written Purchase Agreement constitutes the entire agreement between the parties.

2.2 Pre-Purchase Evaluation

Before signing the Purchase Agreement, the Client may request a free online demonstration (via Skype, TeamViewer, or such other platform as SOT may elect) with a SOT Support Coach to evaluate the relevant membership or programme options. Any such demonstration is illustrative only and does not constitute a warranty of performance or a guarantee of trading profitability.

2.3 Commencement and Access

Access to the Products and/or Services will be activated upon receipt of the full purchase price or the first agreed instalment, subject to completion of all required onboarding steps. Course content and resources are accessible via the Community Hub at hub.smartonlinetrader.com and the LMS.

2.4 Educational Nature - Not Financial Advice

All SOT Products and Services - including course modules, live coaching and mentoring sessions, trade- and market insights published exclusively via the Smart Online Trader Client Portal and Community Hub, daily market analysis videos, and all educational resources - are provided exclusively for educational and informational purposes.

Trade- and market insights and market analyses shared by SOT’s course specialists are based on their personal trading strategies and historical analysis. They are published for educational purposes as and when opportunities are identified and must not be treated as financial advice or trading instructions. The Client is solely responsible for all trading decisions and outcomes.

2.5 Broker Introduction

In terms of the FAIS Act, all active trading in FOREX, CFDs, Commodities, Indices, Cryptocurrencies, and related instruments must be executed through an FSCA-registered or appropriately licensed Broker.

SOT may introduce the User to one or more Preferred Brokers for the purpose of opening a self-managed trading account. The User acknowledges and accepts that:

• the introduction to a Preferred Broker does not constitute financial advice;
• the identity of the Preferred Broker(s) will be disclosed to the User at the relevant time and SOT’s roster of Preferred Brokers may change from time to time;
• it is entirely the User’s responsibility to independently review, understand, and accept the Preferred Broker’s Client Agreement, Risk Disclosure Statement, and all applicable terms and conditions before opening a trading account;
• SOT is not a party to any agreement between the User and the Preferred Broker and is not responsible for the Broker’s conduct, decisions, or compliance;
• Broker trading commissions, spreads, swap fees, and other charges vary between Brokers and are for the User’s account;
• SOT SA may earn an introducing broker rebate from Preferred Brokers calculated on the volume of lots traded on the User’s live trading account. This arrangement is fully disclosed and does not affect the User’s trading terms.

2.6 Trading Platforms

SOT may recommend third-party trading platforms to Clients for use in self-managed trading. SOT is not the copyright or trademark owner of any such platform and accepts no liability for platform availability, functionality, downtime, access interruptions, or technical failures. The Client is responsible for the installation, configuration, and device/internet compatibility of any recommended platform. Data and internet connectivity costs are for the Client’s account.

2.7 Intellectual Property

All copyright and intellectual property rights in SOT’s course material, resources, trade- and market insights, and content are vested in SOT and/or its licensed suppliers. The Client is granted a limited, non-exclusive, non-transferable licence to access the content for personal, non-commercial educational purposes only. Reproduction, redistribution, resale, or sharing of any SOT content is strictly prohibited and may attract civil and criminal liability.

2.8 Client Funds – SOT Does Not Hold or Handle Trading Deposits

Smart Online Trader SA (Pty) Ltd does not receive, hold, transfer, or manage any client trading funds at any time. All trading account deposits, withdrawals, and account-related transactions are conducted directly between the Client and the Preferred Broker. SOT’s role is strictly limited to trader education, facilitation of Prop Firm Evaluations, and broker introduction. No trading-related funds are processed through SOT’s accounts. The purchase price payable under this Agreement is solely for SOT’s educational Products and Services and is entirely separate from any trading capital deposited with a Preferred Broker. Online purchases of SOT Products and Services are processed securely via Stripe as SOT’s payment processor.

2.9 Educational Content and Market Analysis Contributors

Market analysis, trade commentary, and broker-related educational content within SOT’s curriculum may be contributed by independent consultants appointed by SOT. These contributors are not employees of Smart Online Trader SA (Pty) Ltd, do not hold any financial services authority on behalf of SOT, and provide content exclusively for educational purposes. All such content is educational in nature and does not constitute financial advice, a solicitation, or a recommendation to trade any financial instrument. This educational content is appropriately separated from any broker onboarding or sales process.

3. PAYMENT TERMS

3.1 Agreement Amount

The purchase price applicable to the Object of Purchase is set out in the signed Purchase Agreement. The Client must pay the Agreement Amount in full or in accordance with the elected payment plan. Unless otherwise expressly stated:

• no interest is charged on approved instalment payment plans;
• no discount is granted for early settlement of the Agreement Amount;
• all amounts are in South African Rand (ZAR) for SOT transactions.

3.2 Accepted Payment Methods

3.3 Debit Orders (Netcash)

Where the Client elects to pay by debit order, the following terms apply:

• The Client or authorised account holder must sign the Debit Order Authorisation and Mandate (Annexure A) before any debit order may be processed.
• The Debit Order Mandate is NOT a subscription debit order and, subject to the Client’s statutory rights under the NCA and CPA, may NOT be cancelled or countermanded until the full Agreement Amount has been paid in full.
• If a debit order is cancelled, dishonoured, or returned unpaid for any reason, the full outstanding balance of the Agreement Amount immediately becomes due and payable on demand, without prejudice to SOT’s other rights and remedies.
• SOT reserves the right to represent a failed or returned debit order (in whole or in part) on any future date without prior notice to the Client.
• All return fees, bank charges, tracing costs, administration costs, collection costs, and legal costs arising from any default in payment are for the Client’s account and will be added to the outstanding balance.
• If SOT is unable to reach the Client using their registered contact details, the Client expressly consents to SOT performing a credit bureau trace for the sole purpose of obtaining updated contact details.
• SOT may, at its discretion, report the Client to national credit bureaus in the event of a default in payment.

3.4 Card Payments (Stripe)

By completing and signing the Card Payment Authorisation, the Client and/or cardholder:

• irrevocably authorises SOT (as agent and attorney-in-fact) to debit the specified card for the agreed amounts, including in circumstances where the physical card is not present;
• acknowledges that this authority constitutes a continuing mandate for all amounts due under the Agreement;
• agrees not to initiate any unjustified chargeback or payment reversal with their card issuer in respect of a valid charge made in terms of this Agreement. This clause does not remove or limit the Client’s statutory right to initiate a legitimate chargeback for an unauthorised transaction or for goods and services not delivered as agreed;
• agrees that SOT may represent the card for payment (in whole or in part) if an initial charge is declined, without prior notice.

3.5 Finance via CT-International Financiers

Finance and instalment plans arranged through CT-International Financiers are subject to a separate credit agreement and terms and conditions, which the Client must review and accept independently of this Agreement. Where a credit agreement is concluded, the National Credit Act, 34 of 2005 (“NCA”) applies and the Client’s statutory rights as a credit consumer are fully preserved. Finance charges, interest, credit life insurance, administration fees, and any other charges levied by the financier are entirely separate from the Agreement Amount payable to SOT and are excluded from the Rewards Rebate calculation (see the Rewards Rebate Programme Terms).

3.6 FICA Compliance

SOT is required to verify the identity of its Clients in accordance with the Financial Intelligence Centre Act, 38 of 2001 (“FICA”) and the relevant Accountable Institution Regulations. The Client agrees to provide all requested identity documentation promptly. SOT reserves the right to withhold access to Products and Services, without liability, pending satisfactory completion of FICA verification requirements.

4. CANCELLATIONS, COOLING-OFF AND REFUND POLICY

4.1 The 5 Business Day Cooling-Off Period (CPA Section 16)

In accordance with the Consumer Protection Act, 68 of 2008, Chapter 2, Part C, Section 16(3), the Client has the right to cancel the Purchase Agreement without reason or penalty within 5 (five) business days from the date of signing the Purchase Agreement (“the Cooling-Off Period”).

To exercise your right of cancellation within the Cooling-Off Period, you must submit a written cancellation notice within the 5-business-day period to:

• Email: helpme@smartonlinetrader.com
• Subject line: CANCELLATION REQUEST - COOLING-OFF
• Include: Full name, registered email address, date of Purchase Agreement, and a clear statement of cancellation.

Cancellation requests submitted after the expiry of the Cooling-Off Period will not be considered unless otherwise required by law.

4.2 Cancellation Fee (Cooling-Off Period)

Where a valid cancellation is effected within the Cooling-Off Period, SOT is entitled to impose a reasonable cancellation fee of 5% (five percent) of the amount already received from the Client, to defray legitimate bank charges, payment processing fees, and administrative costs actually incurred. This fee is expressly permitted under the CPA and represents a fair and genuine pre-estimate of costs.

4.3 Deduction for Personalised Services Rendered

If, prior to the expiry of the Cooling-Off Period, the Client has received or accepted personalised technical coaching, a one-on-one platform demonstration, or any other personalised onboarding or support service specifically configured for the Client (as described in clause 2.2), SOT may additionally deduct the reasonable value of such services from any refund due, in accordance with Section 17(2) of the CPA.

4.4 No Right of Cancellation After the Cooling-Off Period

After the expiry of the 5-business-day Cooling-Off Period, the Client has no right of cancellation or refund, except as may otherwise be required by applicable law. The Client’s access to the Products and Services will continue for the agreed term.

4.5 Performance Lab - Evaluations and Simulated Funding

Prop Firm Evaluation fees and Simulated Instant Funding fees are non-refundable once the Evaluation or Simulated Funding account has been created and access granted to the Client, regardless of whether the Client has commenced trading. This policy is justified by the immediate and irrevocable provisioning of infrastructure and resources by the Broker upon creation of the account. The Preferred Broker’s own terms and conditions govern all aspects of Evaluations and Simulated Funded Accounts.

4.6 Refund Processing

SOT will acknowledge a valid cancellation request within 2 Business Days of receipt and will process all eligible refunds within 7 to 10 Business Days of confirmation of the cancellation, subject to applicable bank processing times. Refunds will be made to the original payment method where operationally possible.

5. GOVERNING LAW, JURISDICTION AND APPLICABLE LEGISLATION

5.1 Governing Law

These Purchase Terms and all Purchase Agreements concluded under them are governed by and construed in accordance with the laws of the Republic of South Africa.

5.2 Jurisdiction

Without prejudice to either party’s right to institute proceedings in the High Court of South Africa having jurisdiction, both parties consent to the jurisdiction of the Magistrates Court in terms of Section 45 of the Magistrates’ Courts Act, 32 of 1944, as amended, in respect of any action brought under this Agreement. The competent Magistrates Court shall be that serving the area in which SOT’s registered address is situated (Centurion, Gauteng).

South African law governs all obligations owed by or to SOT.

5.3 Domicilium Citandi et Executandi

Both parties choose the addresses set out in the Purchase Agreement as their domicilium citandi et executandi for the service of all legal notices, court documents, and formal correspondence. A written notice delivered by email to the recipient’s registered email address shall be deemed to have been received on the next Business Day following the date of transmission, provided that no delivery failure notification is received by the sender within 24 hours.

5.4 Applicable South African Legislation

6. GENERAL PROVISIONS

6.1 Entire Agreement

These Purchase Terms and the signed Purchase Agreement constitute the entire agreement between the parties in respect of the Object of Purchase and supersede all prior representations, warranties, negotiations, and understandings, whether written or oral.

6.2 Variation

SOT reserves the right to amend these Purchase Terms at any time. Amendments will be published on the Website and will take effect 30 days after publication. Continued use of SOT’s Products and Services after the effective date constitutes acceptance of the revised terms.

6.3 Severability

If any provision of these Purchase Terms is found by a competent court to be invalid, unlawful, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

6.4 Waiver

SOT’s failure or delay in enforcing any provision of these Purchase Terms shall not constitute a waiver of that provision or of SOT’s right to enforce it at any future time.

6.5 Force Majeure

SOT shall not be liable for any failure or delay in performing its obligations caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, pandemics, load-shedding or power outages, cyberattacks, internet outages, or third-party platform failures. SOT will notify the Client as soon as reasonably practicable of a force majeure event, will use reasonable endeavours to mitigate the impact, and will resume normal service as soon as the force majeure event has passed.

6.6 Cession and Assignment

The Client may not cede, assign, delegate, or transfer any rights or obligations under this Agreement without SOT’s prior written consent. SOT may cede or assign its rights under this Agreement without the Client’s consent, provided that the Client’s accrued rights are not thereby prejudiced.

6.7 National Credit Act

To the extent that any credit agreement is concluded in connection with the financing of a Product or Service, the NCA (34 of 2005) applies in full and the Client’s rights as a credit consumer thereunder are preserved and are not limited, excluded, or diminished by these Purchase Terms.