Terms of Use

1. About these Terms #

1.1 These Terms of Use (the "Terms") govern your access to and use of the Trading Journal web application available at journal.nhantsicapitaltrading.com (also at nhantsi-trading-journal.vercel.app) and any successor address, together with its features, content and related communications (the "Journal" or the "Service").

1.2 The Service is operated by Nhantsi Capital Trading (Pty) Ltd, registration number 2024/615022/07, a private company established in the Republic of South Africa ("we", "us", "our"). Our full supplier details are set out in clause 26.

1.3 By ticking the box to accept these Terms, or by creating an account, accepting an invitation, or using the Service, you agree to these Terms and confirm that you have read our Privacy Policy. If you do not agree, you must not use the Service.

1.4 We have tried to write these Terms in plain language. Nothing in them is intended to limit any right you have under the Consumer Protection Act, 68 of 2008 (the "CPA"), the Electronic Communications and Transactions Act, 25 of 2002 (the "ECTA"), the Protection of Personal Information Act, 4 of 2013 ("POPIA") or any other law that cannot lawfully be limited. Where these Terms conflict with such a right, the right prevails.

2. Definitions #

In these Terms:

• "Account" means the account that gives you access to the Service.
• "Administrator" means a person we authorise to administer the Service, including to manage members and view member journals as described in clause 13.
• "Free Plan" and "Paid Plan" mean the free and paid tiers of the Service described on our pricing page or at checkout, as updated from time to time.
• "Member Content" means any information or material you add to the Service, including trades, journal and notebook entries, screenshots, uploaded candle (price-history) files, Pine Script® code, strategies, chart drawings, indicator settings and templates.
• "Market Data" means prices, candles and other financial market information displayed in or used by the Service, whether supplied by a third party or uploaded by you.
• "Subscription" means your purchase of a Paid Plan for a monthly, annual or other billing period.

3. Eligibility #

3.1 You must be at least 18 years old and have full legal capacity to enter into a binding agreement to use the Service. By using the Service you confirm that you meet these requirements.

3.2 You must not use the Service if you are prohibited from doing so under any law that applies to you, or if we have previously suspended or terminated your Account.

3.3 If you use the Service on behalf of a company or other organisation, you confirm that you are authorised to bind it to these Terms, and "you" includes that organisation.

4. Your Account #

4.1 Access may be by invitation or by registration, as we make available from time to time. You must give us accurate and complete information and keep it up to date.

4.2 Your Account is personal to you. You must not share your login details or allow anyone else to use your Account, and you must not create Accounts by automated means.

4.3 You are responsible for keeping your password and any sign-in links confidential and for all activity on your Account. Use a strong, unique password. Notify us immediately at nqaba@nhantsicapitaltrading.com if you suspect unauthorised use.

4.4 Never enter your broker login details, trading-account passwords, card numbers or identity numbers into the Service. The Service does not need them, and we are not responsible for loss arising if you do so.

5. The Service #

5.1 The Service lets you record and review your trades, keep a trading journal and notebook, view statistics and reports, replay trades on historical price data, use drawing tools and technical indicators, run backtests, and write or run scripts in a Pine Script®-compatible environment.

5.2 We continually improve the Service and may add, change or remove features. Where a change materially reduces the features of a Paid Plan you have paid for, we will give you reasonable notice and, if you choose to cancel as a result, refund the unused part of any prepaid fee.

5.3 Features marked as "beta", "preview" or similar are provided for evaluation, may change or be withdrawn, and may not work as expected.

5.4 The Service depends on the internet and on third-party providers. We aim to keep it available, but we do not guarantee that it will be uninterrupted, error-free or available at any particular time. We may suspend the Service temporarily for maintenance, security or reasons beyond our control.

5.5 You are responsible for keeping your own copies of important information. You can export your trades from the Service at any time.

6. Plans, pricing and billing #

6.1 Free Plan. The Free Plan is provided free of charge, with the features and usage limits shown on our pricing page. We may change those features and limits on reasonable notice.

6.2 Paid Plans. The features, price and billing period of each Paid Plan are shown on our pricing page and at checkout before you pay. Prices are in South African Rand (ZAR) and include VAT where VAT is payable, unless stated otherwise.

6.3 Payment. Payments are processed by Yoco Technologies (Pty) Ltd (registration number 2013/203377/07) ("Yoco"). We do not receive or store your full card details (card number, expiry date or CVV). You authorise us and Yoco to charge your chosen payment method for each billing period. Yoco’s terms and privacy policy apply to the processing of the payment itself.

6.4 Automatic renewal. Unless you cancel, your Subscription renews automatically at the end of each billing period for a further period of the same length, and you will be charged the then-current price. You can switch off renewal at any time in your Account settings or by emailing us. For annual Subscriptions, we will remind you of the renewal date, any material changes and your options not less than 40 and not more than 80 business days before the renewal date, and again shortly before you are charged.

6.5 Price changes. We may change the price of a Paid Plan. We will give you at least 30 days' notice before a new price applies to your Subscription. The new price applies from your next billing period. If you do not agree to it, you may cancel before it takes effect.

6.6 Failed payments. If a payment fails, we will notify you and may retry the charge. If payment remains outstanding for 14 days after our notice, we may move your Account to the Free Plan or suspend paid features until payment is made. We will not delete your Member Content because of a failed payment without first giving you notice and an opportunity to export it.

6.7 Invoices. We will provide a tax invoice or receipt for each payment.

7. Cancellation, cooling-off and refunds #

7.1 Cooling-off (ECTA section 44). If you are a consumer and you buy a Subscription online, you may cancel it without reason and without penalty within 7 days after the date the agreement is concluded. Although section 42(2)(d) of the ECTA may exclude this right once a service has started with your consent, we choose to honour it: if you cancel your first purchase of a Paid Plan within 7 days, we will refund the full amount you paid.

7.2 Cancelling a monthly Subscription. You may cancel at any time. Cancellation takes effect at the end of the current billing period, you keep paid features until then, and you will not be charged again. Except as set out in clause 7.1 or required by law, we do not refund part-months.

7.3 Cancelling an annual Subscription. You may cancel renewal at any time, and you keep paid features until the end of the annual term. If you are a natural person and want to end an annual Subscription before its term expires, you may do so on 20 business days' notice in writing or another recorded form, as provided in section 14 of the CPA. In that case we will refund the fees for the unused part of the term, less a reasonable cancellation charge that will not exceed the value of any discount you received for paying annually. We will tell you how it has been calculated.

7.4 Refunds. Refunds are paid to the original payment method within 30 days of the date of cancellation.

7.5 Our failure to deliver. If we cannot provide a Paid Plan you have paid for, or we end the Service or your Subscription for reasons other than your breach, we will refund the fees for the unused part of the billing period.

7.6 After cancellation. When a Subscription ends, your Account moves to the Free Plan, if one is available, and your Member Content remains available within Free Plan limits. Where Member Content exceeds Free Plan limits, we will not delete it without giving you notice and at least 30 days to export it.

7.7 Chargebacks. Please contact us before disputing a charge with your bank so that we can resolve the problem. We may suspend paid features while a chargeback is investigated.

8. Not financial advice #

8.1 Nhantsi Capital Trading (Pty) Ltd is not an authorised financial services provider under the Financial Advisory and Intermediary Services Act, 37 of 2002 ("FAIS"), and does not provide financial advice or intermediary services through the Service.

8.2 Nothing in the Service, including statistics, reports, indicators, replays, backtests, example scripts, templates or educational material, is a recommendation, guidance or proposal to buy, sell or hold any financial product, or an offer or solicitation to do so. The Service does not provide trading signals or manage any account.

8.3 Any information in the Service is general and factual and does not take your objectives, financial situation or needs into account. You alone are responsible for your trading and investment decisions. Before making financial decisions, consider obtaining advice from a financial services provider authorised by the Financial Sector Conduct Authority (FSCA). You can check whether a provider is authorised on the FSCA's website.

9. Trading risk warning #

9.1 Trading foreign exchange, contracts for difference (CFDs), commodities such as gold, indices, futures, options and crypto-assets is highly speculative and involves a substantial risk of loss. Leverage magnifies both gains and losses. You may lose all of the money you deposit and, with some products, more than your deposit.

9.2 Past performance, including performance recorded in your journal, is not a reliable indicator of future results. Only trade with money you can afford to lose.

10. Backtests, replays and hypothetical results #

10.1 Backtests, trade replays, simulations, indicator values and the output of Pine Script® code are hypothetical. They are based on historical data and assumptions, including assumptions about spreads, commissions, slippage, order fills and timing, that may not reflect real trading conditions.

10.2 Hypothetical results have inherent limitations. They are prepared with the benefit of hindsight, do not involve financial risk, and cannot account for the impact of real market conditions or of emotion on trading decisions. No representation is made that any account will achieve results similar to those shown.

10.3 Our Pine Script®-compatible engine is an independent implementation. Not every language feature is supported, and results may differ from those produced on TradingView or another platform.

11. Market data and third-party services #

11.1 Market Data in the Service is provided for information and record-keeping purposes only. It may be delayed, incomplete, inaccurate or interrupted, and it may differ from the prices quoted by your broker (for example because of different liquidity providers, bid/ask pricing, spreads or time zones). Do not rely on it for trading decisions.

11.2 Historical prices may be sourced from Dukascopy Bank SA or other third-party providers. We are not affiliated with, endorsed by or responsible for these providers or the accuracy of their data.

11.3 If you upload Market Data (for example candle files exported from TradingView or from your broker), you confirm that you are entitled to upload and use it in this way, and that your use complies with the terms of its provider. Uploaded Market Data is available only to you and to Administrators, and you must not use the Service to share or redistribute it.

11.4 Charts in the Service are built with TradingView Lightweight Charts™, open-source software of TradingView, Inc. that is licensed under the Apache License 2.0, and display the attribution required by that licence. TradingView®, Pine Script® and Lightweight Charts™ are trademarks of TradingView, Inc. The Service is not affiliated with, endorsed by or sponsored by TradingView, Inc., Dukascopy, Capital.com or any broker.

11.5 The Service may link to or work with third-party websites and services. Their own terms and privacy policies apply, and we are not responsible for them.

12. Your content #

12.1 You keep ownership of your Member Content.

12.2 You grant us a non-exclusive, royalty-free, worldwide licence to host, store, copy, process, transmit and display your Member Content only as needed to provide, secure, support and improve the Service, to comply with law and to enforce these Terms. This licence ends when your Member Content is deleted from our systems, as described in our Privacy Policy.

12.3 You are responsible for your Member Content. You confirm that you have the rights needed to upload it, and that it does not infringe anyone's rights or break any law.

12.4 Please do not upload information about other people, or sensitive information about yourself, that is not needed for your journal. Before uploading screenshots, hide account numbers, balances and other identifying details you do not want stored.

12.5 Scripts and strategies you write remain yours. We do not publish or share your scripts with other members.

13. Administrator access and moderation #

13.1 Administrators can view your Account details and your Member Content in read-only form, including your trades, journal and notebook entries, screenshots, uploaded files, scripts, chart drawings and reports. Administrators use this access only to:

• provide support and resolve problems you report;
• provide feedback or coaching where you take part in a programme offered by us;
• protect the security and integrity of the Service; and
• investigate suspected breaches of these Terms and comply with law.

13.2 Administrators cannot edit or delete your Member Content through this read-only view. Administrator access is limited to persons we authorise, who are bound by confidentiality.

13.3 Administrators may suspend or restore Accounts as described in clause 18.

14. Acceptable use #

You must not, and must not help anyone else to:

1. scrape, crawl, harvest or bulk-download data from the Service, or access it by automated means other than through the features we provide;
2. copy, resell, sublicense, redistribute or publish Market Data obtained through the Service;
3. upload or run malicious code, including Pine Script® or other code designed to harm, overload, probe or bypass the Service, its sandbox or its usage limits;
4. attempt to gain unauthorised access to the Service, to other members' data or to our systems, or test their vulnerability without our written permission;
5. reverse engineer, decompile or disassemble the Service, except to the extent that law permits this despite this restriction;
6. use the Service to provide financial advice, trading signals, account-management or other financial services for which you are not licensed;
7. upload content that is unlawful, defamatory, infringing, harassing or harmful, or that contains viruses or malware;
8. impersonate any person, misrepresent your affiliation, or share your Account;
9. interfere with or disrupt the Service, or place an unreasonable load on it; or
10. use the Service in breach of any law, including laws on data protection, cybercrime and financial services.

15. Intellectual property #

15.1 We or our licensors own all intellectual property rights in the Service, including its software, design, text, graphics, logos and templates, apart from your Member Content and third-party materials. Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to use the Service for your own trading records and analysis.

15.2 "Nhantsi Capital", "Nhantsi Capital Trading" and our logos are our trademarks. You may not use them without our written permission.

15.3 The Service includes open-source software that is licensed under its own terms, which prevail for that software.

15.4 If you send us ideas or feedback, we may use them without obligation to you.

16. Privacy #

Our Privacy Policy explains how we collect, use, share and protect your personal information, and your rights under POPIA and, where applicable, the EU and UK General Data Protection Regulation. It forms part of these Terms. Our PAIA Manual, prepared in terms of section 51 of the Promotion of Access to Information Act, 2 of 2000, explains how to request access to records we hold. A PDF copy is available at /paia-manual.pdf.

17. Support and communications #

17.1 For support, email nqaba@nhantsicapitaltrading.com. We will respond within a reasonable time. Unless your Paid Plan states otherwise, we do not commit to specific response times.

17.2 We will send you service-related messages, such as sign-in links, security notices, billing notices and notices of changes to these Terms, by email or in the Service. We send marketing messages only in line with our Privacy Policy and the law, and you can unsubscribe at any time.

18. Suspension and termination #

18.1 By you. You may stop using the Service at any time and ask us to close your Account by emailing us. Cancellation of Subscriptions is dealt with in clause 7.

18.2 By us. We may suspend or terminate your Account, or restrict access to any part of the Service:

• if you materially breach these Terms and, where the breach can be remedied, do not remedy it within 20 business days after we notify you;
• immediately, if reasonably necessary to prevent harm, fraud, a security risk or unlawful activity, or to comply with law or a request from a competent authority; or
• on at least 30 days' notice, if we decide to stop offering the Service, in which case clause 7.5 applies.

18.3 Effect. While an Account is suspended, your Member Content is kept safe but you cannot use the Service. When an Account is closed, we will give you a reasonable opportunity (normally 30 days) to export your Member Content, unless that is not lawful or not reasonably possible, and will then delete it in line with our Privacy Policy.

18.4 Clauses 8 to 12, 15 and 19 to 25, and any other clauses that by their nature should continue, survive termination.

19. Disclaimer #

19.1 To the extent permitted by law, the Service is provided "as is" and "as available". We do not warrant that it will meet your requirements, that it will be uninterrupted or error-free, or that any data, calculation, statistic or result is accurate or complete.

19.2 Nothing in this clause limits your rights under sections 54 to 56 of the CPA, where they apply, to services of good quality, performed in a timely manner and with the care and skill that people are generally entitled to expect.

20. Limitation of liability #

20.1 To the extent permitted by law, we are not liable for any trading or investment losses, lost profits, lost opportunities, or indirect, special or consequential loss or damage arising from your use of, or inability to use, the Service, including loss caused by reliance on any Market Data, statistic, indicator, replay, backtest or script output.

20.2 To the extent permitted by law, our total liability to you for all claims arising out of or relating to the Service in any 12-month period is limited to the greater of (a) the fees you paid us for the Service during the 12 months before the event giving rise to the claim, and (b) R1,000.

20.3 Nothing in these Terms excludes or limits our liability for loss caused by our gross negligence, fraud or wilful misconduct, or any liability that cannot be excluded or limited under the CPA or other law.

21. Indemnity #

21.1 To the extent permitted by law, you indemnify us, our Administrators and our personnel against any third-party claim, loss, damage, penalty or reasonable legal cost arising from (a) your Member Content, (b) your breach of these Terms or of any law, or (c) your trading decisions.

21.2 This indemnity does not apply to the extent that the claim or loss is caused by our gross negligence, fraud or wilful misconduct.

22. Changes to these Terms #

22.1 We may update these Terms to reflect changes to the Service, to the law or to our business. The "Last updated" date and version at the top show when they last changed.

22.2 We will give you at least 14 days' notice of material changes, by email or in the Service, before they take effect, unless a change is required sooner by law or to address security. When you next sign in after the change, we will ask you to review and accept the updated Terms.

22.3 If you do not agree to a change, you may stop using the Service and close your Account. If you have a Subscription and the change materially affects you adversely, we will refund the fees for the unused part of your prepaid billing period.

23. Notices and electronic communications #

23.1 You agree that we may communicate with you electronically. Agreements, notices and other communications sent electronically satisfy any legal requirement that they be in writing, as provided in the ECTA.

23.2 We will send notices to the email address on your Account. Please send notices to us at nqaba@nhantsicapitaltrading.com. We choose the physical address in clause 26 as our address for service of legal documents.

24. Governing law and disputes #

24.1 These Terms are governed by the laws of the Republic of South Africa.

24.2 If you have a complaint, please contact us first at nqaba@nhantsicapitaltrading.com. We will acknowledge it promptly and try to resolve it within 20 business days.

24.3 If we cannot resolve the matter, you may refer it to any forum available to you by law, including the National Consumer Commission, the Consumer Goods and Services Ombud or, for privacy matters, the Information Regulator. Nothing in these Terms prevents you from exercising your rights under the CPA.

24.4 Subject to your rights as a consumer, the parties consent to the jurisdiction of the Magistrates' Court having jurisdiction under section 45 of the Magistrates' Courts Act, 32 of 1944, for any matter that would otherwise fall within the jurisdiction of the High Court. Either party may instead approach the High Court of South Africa having jurisdiction.

24.5 If you live outside South Africa, you may also benefit from mandatory consumer-protection laws of your country of residence that cannot be excluded by agreement.

25. General #

25.1 These Terms, together with our Privacy Policy and any plan-specific terms shown at checkout, are the entire agreement between you and us about the Service.

25.2 If any provision of these Terms is found to be invalid or unenforceable, it will be severed or limited to the minimum extent necessary, and the rest of these Terms remains in force.

25.3 A delay or failure to enforce a right is not a waiver of that right.

25.4 You may not transfer your rights or obligations under these Terms without our consent. We may transfer them to a successor to our business, provided that this does not reduce your rights.

25.5 Neither party is liable for failure to perform caused by events beyond its reasonable control. This does not affect your right to a refund under clause 7.5.

25.6 Nothing in these Terms creates a partnership, agency or employment relationship. Headings are for convenience only. These Terms are in English. If you would like them explained in another official language, please contact us.

26. Supplier information (ECTA section 43) #

27. Contact us #

Nhantsi Capital Trading (Pty) Ltd · nqaba@nhantsicapitaltrading.com · +27 76 887 0951 · 277, Metropolitan Office Park, 281 Cape Rd, Greenacres, Gqeberha, 6001 · nhantsicapitaltrading.com