Sale of Goods Terms and Conditions
1. Definitions
In this Sale of Financial Markets Education Course Agreement, unless inconsistent with or otherwise indicated by the context;
1.1 “Commencement Date” means the date upon which the agreement is electronically signed by the purchaser;
1.2 “Contract Price” means the purchase price payable by the Purchaser to the Seller for the Financial Markets Education Course and as specified in Sale Schedule Part 3;
1.3 “Financial Markets Education Course” means an Online Financial Markets Education Course known as the Financial Markets Education Course which trains the Purchaser to trade in securities, derivatives and currencies on securities, derivatives and currency exchanges and;
1.4 “Password”, means an electronic password of the Purchaser’s choosing which gives the Purchaser’s nominated Student access to the Online Learning Management System containing the Financial Markets Education course elected in Sale Schedule Part 2 (“Financial Markets Education”);
1.5 “Sale Schedule” means the Sale Schedules in Parts 1, 2, 3, 4 and 5 relating to the Sale of Financial Markets Education Course Agreement;
1.6 “Party” or “parties” means individually or collectively, as the context may require, the Seller and the Purchaser;
1.7 “Purchaser” means the person, company, firm, partnership or any other entity, including its successors or assigns, identified in Sale Schedule Part 1: Purchaser’s Particulars and called “Purchaser”;
1.8 “Sale of Financial Markets Education Course Agreement” or “Agreement” means the sale agreement between the Seller and the Purchaser in relation to the Financial Markets Education Course, including the Online Sale Schedules, these Sale of Financial Markets Education Course Terms and Conditions, and the General Terms and Conditions set out below;
1.9 “Seller” means the person whose particulars appears in the heading of the Sale of Financial Markets Education Course Agreement and called “The Seller”;
1.10 “SMC” means Stock Market College (Proprietary) Limited, Registration No. 2002/025712/07, a private company with limited liability duly registered and incorporated in terms of the laws of the Republic of South Africa of Office 104, Floor 5, WeWork South Africa (Pty) Ltd - The Link, 173 Oxford Rd, Rosebank, Johannesburg, Gauteng, 2196 or such other address in South Africa to which SMC may move to.
2. Contract Price and Payment
2.1 The Contract Price set out in Sale Schedule Part 3 shall be payable by the Purchaser to the Seller. The Purchaser shall in Sale Schedule Part 3 elect the method by which he will pay the Contract Price or any part or balance thereof, which may be in a combination of payment methods, i.e. by electronic transfer, cash, credit/debit card or debit order, or any combination thereof, and shall duly give effect to such elected payment method.
2.2 Should the Purchaser elect to pay any part of the Contract Price in instalments by debit order, the Purchaser (or the Account Holder on his behalf) shall complete and electronically sign, or have completed and electronically signed the Debit Order Authorisation in Sale Schedule Part 4, the Purchaser undertaking to instruct his bank, or to procure that the Account Holder instruct his bank to effect payment of such instalments by debit order, provided that if the Purchaser (or the Account Holder on his behalf) terminates such debit order, the Purchaser shall nevertheless remain liable for payment of the Contract Price by other means on demand.
2.3 The Purchaser acknowledges that the contract price allows access to the Financial Markets Education Course for a period of 36 months. Thereafter the agreement is either terminated to which both parties agree or continued on a month-to-month basis.
2.4 Should a third party authorise payment of the Contract Price or any part thereof by means of his credit/debit card or by debit order drawn on his bank account terminate such payment/s, all payments made under such authorisation shall be deemed to be payments made by the Purchaser, and such termination shall be deemed to be that of the Purchaser, who shall remain liable for the payment of the Contract Price, or deposit or instalments or the balance thereof by other means.
2.5 The Purchaser/Card Holder shall pay the Contract Price to the bank account of SMC specified on the registration form, or on written notice by SMC to the Purchaser, to such other bank account nominated by it. If the Seller is not SMC the Seller acknowledges that it nominated the said bank account of SMC as the account to which payment must be made to it in terms of this agreement.
2.6 Should the Purchaser fail to pay the Contract Price or any part thereof on the due date thereof, then, without derogating from any of the other rights of the Seller, the Contract Price or any part of balance hereof shall immediately and without notice become due and payable, and the Purchaser shall be liable unto the Seller for interest a tempore morae on the full amount due, the statutory rate per annum (presently at 10.5 % per annum).
2.7 Should the Seller not be able to reach the Purchaser at any of the contact details given in this agreement, be it by telephone, mobile, email or post, the Purchaser consents to the Seller performing a trace on the Purchaser’s records on the Trans Union (ITC) Database or the database of any other credit bureau solely for the purposes of getting the most recent contact details to get into contact with the Purchaser.
3. Delivery
3.1 Notwithstanding any other provision to the contrary, the Seller shall deliver the Financial Markets Education to the Purchaser, and access to the Online Learning Management System only to his nominated Student against receipt or clearance of the Contract Price or the part thereof due on the Commencement Date in the bank account identified in Sale Schedule Part 4.
3.2 Delivery of the Financial Markets Education course shall be affected by the Purchaser choosing an email address, creating a Password and electronically signing the agreement (see 3.3 below), which will allow the Purchaser’s nominated Student access to the Online Learning Management System, which contains the Financial Markets Education course material.
3.3 The Purchaser acknowledges that he shall confirm the purchase and electronically sign the agreement (after he has chosen an email address and created a Password) by clicking on the link in an email from the Seller.
General Terms and Conditions
4. Limitation of Liability
4.1 Without limitation, any investment or financial decision which the Purchaser may make as a direct or indirect result of any information, material or knowledge acquired by him in terms of the Financial Markets Education Course Agreement, shall be entirely at the Purchaser’s risk, and for his own benefit or loss.
4.2 Neither the Seller, nor any of their employees, Affiliates, Introducing brokers or Distributors (“the Seller”) shall be liable for any loss or damage, either direct, indirect or consequential, suffered by the Purchaser or any other person as a result of (i) any investment or financial decision by him based on the use of the Financial Markets Education Course, (ii) any action or omission, including any failure or delay, or the provision of any information, either correctly or incorrectly, or any mistake, error or omission by or on the part of the Seller (iii) from the use of the Financial Markets Education Course (iv) any computer virus or security breach, including computer hacking which may result in damage, destruction, alteration or corruption of any device, program or systems of or used by the Purchaser (v) causes beyond the control of the Seller, unless the Purchaser can show that the loss or damage suffered by him is a direct result of any willfulness or gross negligence on the part of the Seller.
4.3 The reason for the limitation of liability set out above is the fact that the use of the Financial Markets Education Course calls for a value judgment on the part of the Purchaser, over which the Seller has no control.
5. Warranties and Acknowledgments
The Purchaser, by his electronic signature to the Agreement warrants, acknowledges or confirms that (i) all of the information pertaining to him as specified in the Agreement (including the Sale Schedules) is true and correct, and that he has the capacity and authority to enter into the Agreement (ii) he was given the opportunity to satisfy himself of the scope and content of the Financial Markets Education Course with reference to a course index and overview and the support facility of the SMC website prior to his electronic signature, (iii) and satisfied himself with the Financial Markets Education Course and its operation for his purposes (iv) he must satisfy himself prior to conclusion of the Agreement that his computer and programs (including capacity) are compatible with and suitable for the Financial Markets Education Course, the Seller accepting no responsibility in that regard, and (v) he read or was given the opportunity to read the Agreement prior to signature thereof, and that he received a copy by email thereof.
6. Cooling Off Period
If the transaction herein recorded resulted from Direct Marketing the Purchaser may rescind the transaction without reason or penalty, by notice to the Seller in Writing or other recorded form, within 5 (Five) business days after the later of the date the transaction or Agreement was concluded or the Financial Markets Education Course being the subject to this transaction was delivered to the Purchaser. If written, email cancellations@stockmarketcollege.co.za.
7. Intellectual Property Rights
7.1 Save as expressly otherwise stated in the Agreement, all rights, title and interest in and to all trade names, trademarks, logos, copyrights and other intellectual property rights used or embodied in or relating to the Financial Markets Education Course, (collectively “intellectual property”) shall be and remain the sole property of SMC or its suppliers.
7.2 The Purchaser shall not be entitled to reproduce, distribute, disseminate, sell, publish, broadcast or copy the intellectual property in any way whatsoever.
7.3 The Purchaser undertakes that he shall not at any time in any way question or dispute the ownership of the intellectual property, perform any act that would injure the reputation or goodwill attaching to the intellectual property, infringe or prejudice such rights, and at all times abide by all laws applicable to the intellectual property.
8. Breach of Contract
8.1 Should the Purchaser breach any term or condition of the Agreement or any warranty given by him thereunder, or fail to fulfill any of his obligations in terms thereof, including any failure to pay the Contract Price, or any part thereof when due, owing and payable, or should the Purchaser be sequestrated or liquidated, whether provisionally or finally, and whether voluntarily or compulsory, then without prejudice to the Seller’s other rights in law, the Seller shall be entitled forthwith and without notice to the Purchaser to cancel the Agreement, or to demand specific performance by the Purchaser of all his obligations in terms thereof, including the right to demand immediate payment of all sums of money (including future installments) owing by the Purchaser, whether or not then due, but in either event without prejudice to the Seller’s right to claim such damages as it may have suffered by reason of any breach or failure by the Purchaser.
8.2 In the event of the Seller or the Purchaser instituting legal proceedings against the other pursuant to the Agreement, the party to whom a cost order is granted shall be entitled to his costs on the scale as between attorney and own client, including collection costs.
9. General Provisions and Interpretation
The parties acknowledge and agree that:-
9.1 save for terms implied by law, the Agreement constitutes and contains the entire agreement between them regarding the matters therein dealt with, and no provisions, terms, conditions, stipulations, warranties or representations of whatsoever nature, whether express or implied, have been agreed to or made by any of the parties or on their behalf except as are recorded herein, the Seller confirming that none of its employees, agents or other representatives are authorised to give the Purchaser any advice of a financial nature, or to make any promises or representations of any nature, verbal or in writing to the Purchaser in respect of the Financial Markets Education Course or any other matter, other than as contained in the Agreement or in the Seller’s Promotional Material;
9.2 no relaxation, extension of time, indulgence or leniency of time, which the Seller may show to the Purchaser shall in any way constitute a waiver by the Seller of any of its rights under the Agreement, and the Seller shall not thereby be prejudiced or stopped from exercising any of its rights against the Purchaser which may by then already have arisen or which may arise thereafter;
9.3 no alteration, variation, amendment or purported consensual cancellation of the Agreement or this clause, or any waiver thereof shall be of any force or effect unless reduced to writing and signed by or on behalf of the parties hereto;
9.4 the rights and/or obligations of the Purchaser in terms of the Agreement may not be ceded or assigned to any third party without the Seller’s prior written consent. The rights and obligations of the Seller in terms of the Agreement may be ceded, assigned and or delegated by it to any other person on written notice to the Purchaser, provided that should the Purchaser’s consent be required, such consent shall not unreasonably be withheld;
9.5 the Agreement and all matters and disputes arising there from or incidental thereto shall be governed by and be construed in accordance with the laws of the Republic of South Africa;
9.6 the parties, in terms of the provisions of Section 45 of the Magistrate Court Act, No 32 of 1944, as amended, consent to the jurisdiction of the Magistrates Court in relation to any action or proceeding otherwise beyond the jurisdiction, provided that the Seller in its sole and absolute discretion may institute any such action or proceeding in a division of the High Court of South Africa having jurisdiction;
9.7 a certificate signed by any director or accountant of the Seller certifying the sum of any amount due, owing and/or payable by the Purchaser to the Seller, or any other fact in relation to the Agreement, shall be prima facie proof of its contents and sufficient proof for any judgment or order, or any other proceedings;
9.8 if a court or other competent authority having jurisdiction finds that any term or condition of the Agreement is unenforceable, illegal, void or contrary to public policy, such term or condition shall have no effect whatsoever upon the binding force or effectiveness of the remainder of the Agreement, it being the intention and declaration of the parties that they, even with knowledge of such unenforceability, illegality, invalidity or voidance at the Commencement Date, would have entered into a contract containing all other terms and conditions set out in the Agreement;
9.9 the Purchaser and the Seller choose as their respective domicilia citandi et executandi (“domicilium”) their physical addresses appointed in the heading of Sale Schedule Part 1: Purchaser’s Particulars for all purposes arising out of or in connection with the Agreement;
9.10 a party may from time to time by written notice to the other vary his domicilium to another address within the Republic of South Africa, which is not a post office box or poste restante. Such notified address shall become the domicilium of that party within 7 (seven) days of the other party receiving such notification;
9.11 any notice given by a party to the other party (“addressee”) which:- 9.11.1 is delivered or made by hand during normal business hours at the addressee’s physical address/domicilium for the time being shall be presumed to have been received by the addressee at the time of delivery, provided that the presumption shall only apply if written proof of receipt is obtained by the delivering party, and duly produced on demand; 9.11.2 is posted by prepaid registered post from an address within the Republic of South Africa to the addressee’s postal address or domicilium, shall be presumed to have been received by the addressee on the seventh (seventh) day after the date of posting;
9.12 all notices by a party to the other in terms of the Agreement must be in writing, and where in terms of the Agreement any communication is required to be in writing, the term writing may include communications by email, provided that receipt thereof by the addressee must be proven by the production of an email transmission report, and the direct or indirect admission of receipt thereof by the addressee by return of email;
9.13 the Seller records telephone calls made or received by the Seller to or from the Purchaser, who agrees to such recordings;
9.14 in the Agreement:- 9.14.1 clause headings are for reference purposes only and shall not affect its interpretation; 9.14.2 references to natural persons shall include bodies corporate, other legal personae, associations, partnerships, trusts and other business entities, and vice versa; 9.14.3 references to the singular shall include the plural and vice versa; 9.14.4 any word or expression importing the masculine gender shall include the feminine, the neuter, and vice versa;
Debit Order Authority and Mandate
Authority
This electronically signed Authority and Mandate refers to our contract date as entered on the Stock Market College Sale of Goods Agreement (“the Agreement”) in terms of which I/we are indebted for the total amount indicated or specified in the Stock Market College Sale of Goods Agreement.
The Purchaser/Account Holder hereby authorises the Seller to debit his bank account as entered on the Stock Market College Sale of Goods Agreement with all amounts due in terms of the payment option selected.
I/we hereby instruct and authorise you to issue and deliver payment instructions to your banker for collection against my/our bank account (or any other bank or branch to which I/we may transfer my/our account) on condition that the sum of such payment instructions will never exceed my/our obligations as agreed to in the Agreement, and commencing on the first debit order day as entered on the Stock Market College Sale of Goods Agreement and continuing until this Authority and Mandate is terminated by me/us by giving you notice in writing of not less than 20 ordinary working days, and sent by prepaid registered post or delivered to your address as indicated.
I/we herewith agree that the instalment amount is a fixed recurring amount as entered on the Stock Market College Sale of Goods Agreement which must be issued and delivered as follows: monthly.
I/we acknowledge that in the event of a re-presentment the maximum instalment amount may be up to 1.5 times the aforementioned instalment amount.
The date adjustment rule will be applicable. In the event that the payment day falls on a Sunday or recognised South African public holiday, the payment day will be up to two days preceding the Sunday or public holiday. Payment instructions due in December may be debited against the account on the date as entered on the Stock Market College Sale of Goods Agreement.
Furthermore, if there are insufficient funds in my account to meet the obligation, you are entitled to track my account for three working days and re-present the instruction for payment as soon as sufficient funds are available in my account.
I/we understand that the withdrawals hereby authorised will be processed through a computerized system provided by the South African banks. I also understand that details of each withdrawal will be printed on my bank statement along with the contract number which appears at the top of the Sale of Goods Agreement. This will assist with identifying the Agreement.
I/we understand that my/our bank will send me/us an instruction to authenticate this Mandate. Should I/we fail to authenticate the Mandate, this payment instruction will be processed in a different payment stream. Confirmation of my Authority and the Mandate will be sent to me in writing prior to processing the debit order against my account.
Mandate
I/we acknowledge that all payment instructions issued by you shall be treated by my/our bank as entered on the Sale of Goods Agreement as if the instructions had been issued by me/us personally and I/we hereby authorise the bank to debit my account. Furthermore, if there are insufficient funds in my account to meet the obligation, you are entitled to track my account for three working days and re-present the instruction for payment as soon as sufficient funds are available in my account.
Cancellation
I/we agree that although this Authority Mandate may be cancelled by me/us, such cancellation will not cancel the Agreement. I/we shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force, if such amounts were legally owing to you.
Assignment
I/we acknowledge that this Authority may be ceded or assigned to a third party if the Agreement is also ceded or assigned to that third party, but in the absence of such assignments of the Agreement, this Authority and Mandate cannot be assigned to any third party.
Personal Information
In order to process the debit payment instruction as well as for verification purposes, I/we herewith acknowledge and grant consent that my/our personal information (inclusive of name, ID number, account details as well as any other relevant information contained in the mandate and all the agreement) may be used by Stock Market College (Pty) Ltd, the debit order facilitation service provider, located at Office 8, Floor 2, 4Nina Workspace South Africa (Pty) Ltd, 4 Nina Street, Brackenfell, Cape Town, Western Cape, 7560.
I/we further grant consent that the aforementioned information may be stored by Stock Market College (Pty) Ltd or its partners, and that the information may be distributed to the relevant South African bank institutions for processing purposes.
I/we herewith acknowledge and grant consent that a record of this information may be kept for a period of five years after completion and/or cancellation of the debit order.
I/we herewith acknowledge that the provision of this information is mandatory and a failure to provide such information will lead to inability to process the debit payment instruction and/or verify my/our application.
I/we herewith acknowledge that I/we have the right to object and to lodge a complaint as contained in the Protection of Personal Information Act 4 of 2013.
Agreement Reference Number
This Agreement reference number is the attached Sale of Goods Agreement contract number. This Agreement is electronically signed on the date verified by me/us and noted on the system. It is signed by the Account Holder as entered on the Sale of Goods Agreement, on validating the purchase of the course by using the validation link in the email receipt.
10. Simulation Guarantee
10.1 The Purchaser is offered a product (simulation) guarantee with fictitious capital for training and education. This is a product (simulation) guarantee and not a full money-back or return-on-investment guarantee, and therefore, it does not contradict the Banks Act. All calculations are done on fictitious investments only. Strict compliance with the simulation rules and conditions must be followed. The Purchaser must familiarise himself/herself with the simulation rules and conditions (refer to Clause 11 below).
10.2 PG reserves the right to change any T's, C's, and rules by posting such amendments on its website, software, simulation, or rules section. Such changes become effective and binding upon the customer five working days after publication.
10.3 If the Purchaser does not achieve an average return of forty percent after completing and following the simulation portfolio for a minimum period of twelve months, the Purchaser will be reimbursed for the percentage growth not achieved (excluding data and subscription fees, hardware purchases based on current market value, irrespective of discounts and special offers).
10.4 Strict adherence to the SIMULATION RULES AND CONDITIONS is always required for any claims in terms of the simulation guarantee.
11. Simulation Rules and Conditions
11.1 PG administers the complete operation of its Broker Partner Trading software simulation package.
11.2 The Purchaser's simulation training spans over 12 months, during which a notional capital of $10,000 will be provided to fund simulated transactions at the outset.
11.3 All simulated transactions within the Broker Partner Trading software must be conducted via the Purchaser's unique login details on the Proficient Global web server and simulation portfolio, and these transaction records will be considered an accurate reflection of the Purchaser's simulation activities. Transactions via email or fax are not permissible.
11.4 Note that Shares and CFDs cannot be traded in one portfolio. It is recommended that the Purchaser decides after his/her technical training whether he/she wants to simulate with shares or CFDs.
11.5 The Purchaser must confirm acceptance of the simulation T's, C's, and rules on the Proficient Global website/software before the specified "Simulation Start Date" indicated on their Purchase Order.
11.6 Equity shares chosen by the Purchaser must be selected from those listed on the Proficient Global's Winning Shares List, the Top 40 shares, on the Broker Partner Trading software or its official website. In contrast, CFDs should be selected from the Winning Shares List, Top 40 shares, Golden Goose, and/or the Gurus analysis on shares cited on the software and/or SMSs.
11.7 Before executing a trade or investment, a Purchaser must conduct technical and fundamental analysis on any notification from Proficient Global, or any other source as quoted above.
11.8 The Winning Shares Lists are subject to normal market movements and their position can change daily.
11.9 Before making any investment, the Purchaser must review the investment candidate on the website and/or the Break-Even Percentage specified on the Purchase Order. A minimum break-even percentage of 4% for investments in Shares, not CFDs, must be maintained.
11.9.1 In the case of CFDs, if a trend reversal occurs on the daily chart and the Purchaser is positioned against the trend, it is advisable to close the trade before the specific trade goes below its stop-loss value.
11.10 A Purchaser who conducts their simulation portfolio with shares (not CFDs) must maintain a minimum of 2 and a maximum of 5 different shares in their simulated portfolio at any given time throughout the simulation period.
11.11 A Purchaser should never risk more than 7% of available funds per trade when trading CFDs.
11.12 Regarding 11.9 above, each share acquired in the simulation portfolio must adhere to a strict stop-loss strategy, limiting losses to not more than 10% of the purchase price (including dealing costs) for shares, and 8% for CFDs.
11.13 Shares in the Purchaser's simulated portfolio that are not in an upward trend of more than 30° for more than 22 consecutive trading days must be replaced with ones that are.
11.14 In the case of a CFD portfolio, strict compliance with stop-loss must be applied. However, if the position changes shortly after purchase, the Purchaser must sell the share before further losses are incurred.
11.15 The Purchaser must provide at least two valid reasons with comprehensive explanations, either fundamental or technical, for each purchase in the "Comment" box, and one reason for each sale.
11.16 The guaranteed return of 40% excludes transaction dealing costs, which Proficient Global determines and aligns with the prevailing rates charged by brokerage firms in South Africa.
11.17 It is a prerequisite for this guarantee that the Purchaser actively participates in learning the workings of the software, as well as other material available.
11.18 The Purchaser must engage and work through the lecture materials on the Proficient Global website and complete the video tutorials for each module. To qualify for the guarantee, an average score of at least 60% across 80% of the lecture modules is mandatory.
11.19 The Purchaser must attend at least 3 market-related webinars and 1 technical webinar in any given month during his/her simulation period.
11.20 Monitoring and taking remedial steps to ensure that the portfolio is in good health are necessary and will be determined by at least an 80% login rate on the Broker Partner Trading software.
Questions? Contact accounts@proficientglobal.co.za · WhatsApp 062 142 5519. © 2026 Proficient Global.