MEMBERSHIP AGREEMENT
PLEASE READ THIS MEMBERSHIP AGREEMENT THOROUGHLY AND CAREFULLY. THE PURPOSE OF THIS MEMBERSHIP AGREEMENT IS TO ESTABLISH THE TERMS AND CONDITIONS ON WHICH YOU OBTAIN AND MAINTAIN RECURRING ACCESS TO THE PIVEX TRADING CHALLENGE AND THE RELATED EDUCATIONAL AND ANALYTICAL MATERIALS.
This Membership Agreement is incorporated by reference into the Terms of Use of Pivex ("Pivex", the "Company", "we", "us", "our") and forms part of the agreement between you (the "Customer", "you", "your") and ALTEXX DIGITAL CORP, a corporation incorporated under the laws of the State of Delaware, United States of America, with its registered office at 3500 S. Dupont Hwy., Dover, DE 19901, in relation to your use of the website www.pivex.com (the "Website") and the platforms designated by us.
Scope. This Membership Agreement covers the commercial relationship only: what a Membership is, how it is billed and renewed, what it entitles you to, and how it is cancelled or refunded. It applies only where you purchase a Membership; one-off purchases of individual Challenge Accounts and add-ons are governed by the Terms of Use. Any matter not addressed in this Membership Agreement is governed by the Terms of Use.
Conflict of terms. Capitalised terms used but not defined in this Membership Agreement have the meaning given to them in the Terms of Use. In the event of any conflict with the Terms of Use in respect of billing, renewal, cancellation or refunds, this Membership Agreement prevails.
1. Membership
A "Membership" is the recurring plan under which the Company provides you with access to a single active Challenge Account and the Services associated with it. A Membership cannot be transferred to another person, or to a Challenge Account purchased separately.
Membership cycle. Your Membership operates on a 30-day cycle (each cycle a "Billing Period"), beginning on the date of your purchase. Because the cycle runs on 30 days rather than on a calendar month, the date on which each renewal is charged (your "Rebill Date") may vary from month to month.
Duration. A Membership remains active, and continues to rebill every 30 days, until the Challenge Account to which it attaches qualifies for the Pivex Trader Stage, until you cancel it under Section 5, or until it is terminated by the Company under the Terms of Use. There is no time limit for qualifying for the Pivex Trader Stage.
No pause. A Membership cannot be paused, suspended or placed on hold at your request. It will continue to rebill every 30 days until it is cancelled or terminated.
2. Membership Fees and Payment Terms
Introductory and standard pricing. Depending on the option selected by you at the time of purchase, you may be offered a reduced introductory price for your first Billing Period. Unless you cancel before the end of that first Billing Period, you will then be automatically charged the standard price every 30 days. Both prices are displayed on the payment screen before you complete your purchase.
Nature of the fee. The Membership fee is paid for access to the Challenge Account and the associated Services. It is not a deposit, it is not held on your behalf, and it does not represent trading capital. Fees are not tied to your trading performance.
Recurring authorisation. You authorise the Company to store the payment method you provide at the time of purchase and to charge the applicable fees to that payment method on each Rebill Date, until the Membership is cancelled.
Failed payments. If an attempt to charge your payment method fails (for example, because it has expired or there are insufficient funds), you agree that the Company may retry that payment method and may request that you provide an alternative payment method. If payment is not successfully authorised, the Company may suspend or terminate your Membership and your access to the Challenge Account to which it attaches. You remain responsible for any amounts you fail to pay.
Multiple Memberships. Each Challenge Account you purchase on a recurring basis has its own Membership. Each Membership incurs its own fee, runs on its own 30-day cycle from its own purchase date, and has its own Rebill Date. In other words, if you hold three Memberships, you will be charged three times, on three separate dates.
There is no limit on the number of Memberships you may hold at the same time, subject to the Capital Allocation Limit and the other restrictions in the Terms of Use.
Each Membership is managed separately. Cancelling one Membership does not cancel any other. Qualifying for the Pivex Trader Stage on one Challenge Account does not stop the rebilling of any other Membership. If you no longer wish to be charged for your other Memberships, you must cancel each of them.
3. Restarts and Restart Credits
A "Restart" issues you a new Challenge Account of the same account size, with its initial parameters, including its initial simulated balance.
Restart Credits. Each time a Rebill is successfully processed, the Company credits your profile with one Restart Credit. A Restart Credit may be applied to reset the Challenge Account it was issued for, or to any future Challenge Account of the same size and type. Once the Restart Credit is used and a new account is created, the progress, such as trading days, is cleared and set back to 0. No progress made prior to the restart counts towards the new account.
Restart Credits have no monetary value, cannot be redeemed or paid out in cash, are personal to you and are non-transferable. A Restart Credit expires three (3) months after the date of the Rebill on which it was issued, and any Restart Credit not applied by the end of that period is of no further value or effect.
Paid Restart. You may purchase a Restart at any time at the price then in force, without waiting for your Rebill Date. If you purchase a Restart before your Rebill Date, your billing cycle is realigned to the date of the Restart, and the Membership will be billed every 30 days from that date.
Restart Credits survive cancellation. If you cancel a Membership, any unused Restart Credits remain on your profile and may be applied to a future Challenge Account of the same size and type. However, once a Membership has been cancelled, the Challenge Account to which it attached can no longer be reset, whether by Restart Credit or by purchase.
4. Ineligible Accounts
If a Challenge Account breaches a Trading Condition, it becomes ineligible to qualify for the Pivex Trader Stage until it is reset. The account remains open and you may continue to trade on it for practice and to use the platform.
The Membership does not cancel. It continues to rebill every 30 days, and each Rebill maintains your access to the Challenge Account, to the trading platform and to the other Services included in your Membership. On your next Rebill Date the Membership is renewed and a Restart Credit is credited to your profile, which you may apply in order to become eligible to qualify again. You may also purchase a Restart at any time without waiting.
5. Cancellation
To end a Membership, you must manually cancel it. Deleting the application or stopping trading does not cancel a Membership and does not stop billing.
How to cancel. You may cancel in the billing settings of your Pivex profile, or by sending a request to support@pivex.com from the email address associated with your profile. Where you hold more than one Membership, you must cancel each Membership you no longer wish to be charged for.
Effect of cancellation.
- Automatic renewal is disabled and no further Rebill will be charged for that Membership.
- You retain access to the Challenge Account for the remainder of the then-current Billing Period, which you have already paid for, after which the account is closed.
- The Challenge Account can no longer be reset, whether by Restart Credit or by purchase.
- Any unused Restart Credits remain on your profile, as set out in Section 3.
Cancellation is permanent in respect of that Membership. A cancelled Membership cannot be reactivated or resubscribed. If you wish to continue, you will need to purchase a new Challenge Account at the price then in force.
6. Refunds
These refund rights and conditions apply in addition to any refund or withdrawal rights available to you under applicable law.
6.1 General rule. Membership fees and Restart fees are non-refundable, except as set out in this Section 6 or as required by applicable law. No refund or pro-rated billing is provided where you cancel part-way through a Billing Period, and no refund is made where a Membership is terminated by the Company under the Terms of Use.
6.2 Consumers in the EEA, the United Kingdom and Switzerland. If you are a consumer resident in the EEA, the UK or Switzerland, you have a statutory right to withdraw from the contract within 14 days of its conclusion. By purchasing a Membership and requesting immediate access to the Services, you expressly request that the Company begin performance during the withdrawal period and you acknowledge that:
- where the Services have been fully performed during that period with your prior express consent, your right of withdrawal is lost;
- where you withdraw while performance is ongoing, you must pay an amount proportionate to the Services supplied up to the moment you informed the Company of your withdrawal; and
- where you purchase a single item of digital content (such as a video recording or a PDF file), you expressly agree that such content is made available to you immediately and that you therefore lose your right of withdrawal in respect of that item and will not be eligible for a refund of it.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from a contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, you need to send your communication to us saying you wish to withdraw from the contract before the withdrawal period has expired.
Model Withdrawal Form
To: VITIORIA LIMITED, Digeni Akrita & Kleomenous 2, Nicosia, Cyprus, email: support@pivex.com
I hereby give notice that I withdraw from my contract of the following service:
Ordered on:
Name:
Address:
Signature: (required only if sent by post mail)
Date:
6.3 Note for Australian residents
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in this policy, our subscription terms or any other document excludes, restricts or modifies any right or remedy you may have under the Australian Consumer Law or any other applicable law.
For major failures with the Service (for example, if you are unable to access your account), you are entitled:
(a) to cancel your subscription; and
(b) to a refund for the unused portion of the Service, or to compensation for its reduced value.
If the failure does not amount to a major failure, you are entitled to have the problem fixed within a reasonable time and, if this is not done, to cancel your subscription and obtain a refund for the unused portion. You are also entitled to compensation for any other reasonably foreseeable loss or damage arising from a failure of the Service. Any refund will be paid to your original payment method, unless we agree otherwise.
6.4 Method and timing. Approved refunds are usually returned to the original payment method. Processing may take 5 to 10 business days after approval, depending on your payment provider.
7. Chargebacks, Disputes and Recovery of Costs
Please contact support@pivex.com before initiating a dispute with your bank or card issuer. The consequences of raising a dispute for your trading account are set out in the Terms of Use.
Where a chargeback or payment reversal is initiated in respect of a Rebill for Services that were made available to you, and no billing error occurred, you remain responsible for the underlying amount. The Company may recover that amount, including through a collections process, together with any costs of recovery permitted under applicable law.
Where a chargeback or reversal is initiated in respect of a Billing Period during which performance-based rewards accrued, the Company may withhold or reverse rewards attributable to that Billing Period, in accordance with the Terms of Use.
8. Changes to Fees
To the maximum extent permitted by applicable law, the Company may change Membership fees and Restart fees. The Company will give you reasonable prior notice of any such change by email and by posting the new prices on the Website and/or in the application. Any new price applies from the first Rebill Date falling after the notice period. If you do not wish to pay the new fee, you may cancel the Membership before that date.
9. Contact Us
If you have any questions about this Membership Agreement, please contact us through the Support Center – support@pivex.com.
ALTEXX DIGITAL CORP
3500 S. Dupont Hwy., Dover, DE 19901
Email: support@pivex.com