1. General
1.1 Company information
ARCHER BV, hereinafter referred to as "Archer," is located at Stijfselrui 46, 2000 Antwerp, Belgium, and is registered with the Crossroads Bank for Enterprises (KBO) under the number BE 0741.877.378.
1.2 Applicability
These terms and conditions apply to all offers, agreements, services, and deliveries from Archer, including those on the website. By using our website and/or services, you agree to these terms. If you do not agree to these terms, we kindly request that you do not use our services and website.
1.3 Modifications
Archer reserves the right to modify these terms and conditions at any time. Changes will be published on the website and take effect immediately. It is the user's responsibility to regularly review these terms. Continued use of the services after changes implies acceptance of the amended terms.
2. Website use
2.1 Access and changes
Archer may restrict or terminate access to the website or certain features at any time without prior notice. New features or tools added to the website are also subject to these terms.
2.2 User responsibilities
You agree not to use the website for illegal purposes and not to violate applicable laws, including but not limited to copyright laws. It is prohibited to upload or distribute harmful software such as viruses or worms via our website.
2.3 Termination
Violation of any of these terms may result in the immediate termination of your access to the website and our services, without any refund of amounts paid.
3. Offers and quotes
3.1 Non-binding
All offers and quotes from Archer are non-binding and valid for a period of 14 days, unless otherwise stated. After the expiration of this period, no rights may be derived therefrom.
4. Formation and execution of the agreement
4.1 Formation
The agreement with Archer is concluded after payment of the invoice (or deposit) or after the commencement of execution by Archer.
4.2 Execution
Delays in the execution of services do not entitle the client to compensation, penalties, or cancellation of the agreement.
4.3 Price
The prices mentioned in the offer or quote are exclusive of VAT and other additional costs unless otherwise indicated. VAT and other taxes are the responsibility of the client.
5. Payment terms
5.1 Invoicing
Invoices must be paid within the period stated on the invoice. In case of late payment, the client is, after a free reminder, liable for statutory interest from the due date of the invoice, plus a fixed compensation in accordance with art. XIX.4 WER.
5.2 Dispute of invoices
Any disputes regarding invoices must be submitted in writing and with motivation within 8 calendar days of receipt of the invoice. In the absence of a timely dispute, the client is deemed to have accepted the invoice.
6. Force majeure
6.1 Definition and consequences
If Archer is unable to fulfill its obligations due to force majeure (such as illness, accidents, epidemics, fire, war, strikes, etc.), Archer has the right to terminate the agreement without compensation.
6.2 Rescheduling lessons
In case of postponed lessons due to force majeure, a new date will be mutually agreed upon.
7. Complaints and liability
7.1 Complaint procedure
Complaints about the services provided must be reported in writing within 8 calendar days of delivery. Invisible defects must be reported immediately after discovery in writing. Late complaints automatically expire.
7.2 Educational purposes
Our services are intended for educational and informational purposes only. They do not constitute financial advice. The forex market carries significant risks and is not suitable for all investors. Past performance does not guarantee future results, and Archer is not responsible for any investment decisions made based on our information.
7.3 Liability
Archer is not liable for indirect damages such as business or profit loss. As our services are solely educational in nature and do not constitute financial advice, Archer cannot be held liable for losses or damages resulting from the use of our services.
8. Intellectual property
8.1 Copyright
All documents, materials, and content (e.g., courses and video series) provided by Archer are copyrighted and remain the property of Archer. They may not be copied, shared, or used without written permission from Archer.
8.2 Trademark
The trademark "Archer" and all product-related names displayed on platforms managed by Archer (such as the website and Discord) are protected by copyright. Third parties are not allowed to copy, reproduce, or use these trademarks or names in any way without prior written permission from Archer.
8.3 Use by client
If intellectual property is created during the collaboration, the rights to it remain with the original owner, unless otherwise agreed in writing.
9. Non-competition
9.1 Non-competition clause
During the term of the agreement with Archer, the client is prohibited from directly or indirectly managing or establishing a competing educational platform, including existing platforms offering similar services. The client will not use their knowledge for the benefit of Archer's competitors and will consider the information they receive as part of the agreement confidential, agreeing not to disclose it to third parties not affiliated with Archer. In case of a violation of this provision, the client is liable to pay Archer a fixed compensation of €5,000 per violation, in addition to Archer's right to claim actual damages.
10. Privacy policy
10.1 Reference to privacy policy
For information on how Archer collects, uses, and protects your personal data, we refer you to our full privacy policy. By using our services, you agree to our privacy policy.
11. Miscellaneous and dispute resolution
11.1 Transferability
The client may not transfer their rights and obligations under the agreement without prior written permission from Archer. Any unauthorized transfer is null and void.
11.2 Waiver of rights
If Archer fails to enforce a right or provision from these terms, this does not imply a waiver of that right or provision.
11.3 Severability
If any provision of these terms is found invalid or unenforceable, the remaining provisions will remain in full force.
11.4 Applicable law and competent court
All agreements and disputes between Archer and the client are governed by Belgian law. Disputes will be submitted to the competent courts of the district where Archer is located unless mandatory law provides otherwise.