CLUB RULES
These Rules apply to Access Publishing Services Ltd which operates under the trade name of
Invested (hereinafter “Invested” and/or “Club”).
These Rules shall be binding on Members and shall be enforceable in the courts of Gibraltar.
1. PURPOSE
Invested is an educational and experiential e-learning platform bringing valuable intelligence
to its Members about business and finance. The Club pools its own expertise with the
expertise of Members to exchange knowledge on specific business matters to help Members
accelerate their prosperity. The Club provides a forum on social media -
https://www.facebook.com/groups/acceleratedprosperity – for its Members to discuss,
exchange and negotiate market ideas pertaining to business in general.
2. MEMBERSHIP
a. Any person ("the Applicant") may apply to become a Member of the Club by
registering on the Website. A Member of the Club shall have a single account
membership only. Multiple accounts per Member shall not be allowed.
b. To become an Active Member and be entitled to access the full content of the
platform, an Applicant must (among other things):
i. pay the respective membership fee;
ii. agree to be bound by these Rules and any supplementary rules appearing
on the Website, as notified to Members, and as amended from time to
time; and
iii. In the event that an Applicant's application is rejected, the Club does not
need to provide reasons to the Applicant.
3. FEES
3.1 The Club may charge such fees in relation to membership of the Club as the Club
determines from time to time ("Fees”).
3.2 Members must pay Fees on a monthly or yearly basis, or at such other times and in
such manner as specified from time to time, at the levels set by the Club when
relevant.
4. DOWNGRADING, SUSPENSION OR TERMINATION OF MEMBERSHIP
4.1 A person's membership may be downgraded to on hold membership if that person
fails to pay Fees when they fall due.
4.2 A person's membership may be terminated if:
4.2.1 in the opinion of the Club, the Member ceases to qualify for membership
based on the Rules;
4.2.2 the Member is in breach of the Rules, or the Code of Conduct;
4.2.3 the Club has a reasonable suspicion of the Member’s involvement in
illegal activities, which the Member’s account with the Club may be suspended until
the conclusion of the investigations.
4.3 4.4 The Club shall not be obliged to give reasons for termination.
4.5 A person stops being a Member altogether if that person:
4.5.1 provides to the Club, through the Club’s support function, a written
notice of termination; or
4.5.2 has his membership terminated in accordance with clause 4.2 above; or
4.6 If a person has stopped being an Active Member at his own discretion, then that
person can reactivate his payable membership at any time.
4.7 If a person has stopped being a Member by the Club’s decision for any of the
reasons listed in clause 4.2 above, then in order to re-join that person must reapply for
membership in the ordinary manner, and must have that application accepted, before being
able to access the content of the platform.
4.9 In the event that a person resigns as a Member, that person is not entitled to any
reimbursement of any Fees (or any part of any Fees) that have been paid and the terms and
conditions appearing in Appendix A shall apply.
5. REGISTER OF MEMBERS
5.1 The Club will maintain a register of Members ("the Register”).
5.2 A person will become a Member when that person's name is entered in the
Register, regardless being a Active, On Hold or Invited Member.
5.3 The following details for each Member ("Details") will be recorded in the Register:
5.3.1 full name;
5.3.2 postal address;
5.3.3 date of birth;
5.3.4 date of registration in the Website;
5.3.5 phone number;
5.3.6 email address;
5.3.7 payment details (if applicable);
5.4 If a person stop being a Member, the Club will enter in the Register the date that
the person stopped being a Member, as soon as possible after the person stop being a
Member.
5.5 The Register will not be made public; however, access shall be required for certain
persons in accordance with the Club’s Privacy Policy. If a Member requests that access to
(some or all of) his Details to be restricted, the Club may, in accordance with the Privacy Policy,
restrict access to such details.
5.6 In the event of Termination, the Club reserves the right to keep the Details of a
closed account that the Club deems necessary to comply with its legal or regulatory
obligations, resolve disputes and enforce agreements.
5.6.1 If, after the Termination, a Member wishes to know which Details the
Club maintains, then the Member may proceed with a formal request to have access to
the Details in accordance with his rights set out in the Privacy Policy.
6. ACCESS TO DOCUMENTS
6.1 Members may request access to or copies of the following documents ("the
Documents")
6.1.1 the Rules;
6.1.2 Terms of Service and Codes of Conduct or other rules set by the Club;
6.2 The Club must provide its Members with access to or copies of the Documents,
unless:
6.2.1 the request that the Member has made for the access to or copies of the
Documents is unreasonable; or
6.2.2 the Documents contain information which is confidential, or which
relates to another person's personal, legal, medical, health, employment, or financial
matters or any other personal data as defined under data protection law; or
6.2.3. providing access to or copies of the Documents may cause a breach of a
law; or
6.2.4 providing access to or copies of the Documents could cause harm or
damage to the Club, the Club and/or any other connected party.
6.3 In the event that the Club refuses for a reason described under the preceding sub-
clause hereof to provide a Member with access to or copies of any Documents, but the Club
may be able to provide limited access or limited copies without causing one of the issues in the
preceding sub-clause hereof, then the Club will provide such limited access or limited copies to
the Member.
6.4 Any documents or copies that the Club is providing to a Member under this clause
will be provided within a reasonable time but no later than 4 (four) weeks.
6.5 The Club may charge reasonable fees for producing copies of any documents in
accordance with this clause. The fees shall not exceed €30 per request.
7. USE OF FUNDS
7.1 The Club may receive funding from any of the following sources:
7.1.1 application fees or joining fees;
7.2 monthly and/or quarterly and/or annual membership fees;
7.3 other fees introduced by the Club to grant access to specific services;
7.3.1 grants;
7.3.2 loans;
7.3.3 interest;
7.3.4 any other lawful source which is approved by the Club and which
is consistent with furthering the Club's Purpose.
7.2 The Club may maintain cash accounts on behalf of Members but for the avoidance
of doubt these are not required to be segregated.
8. RECORD KEEPING
8.1 The Club must maintain written records ("the Records") that:
8.1.1 correctly record its commissions operations; and
8.1.2 correctly record and explain the way they are allocated to Members.
9. AMENDMENTS TO RULES
Subject to the other provisions of these Rules, and subject to any applicable laws, these Rules
may be amended by the Club in its discretion.
10. DISPUTE RESOLUTION
10.1 In the event that there is a dispute between one or more Members and/or the
Club ("the Parties"):
10.1.1 the Parties must first attempt, in good faith, to resolve the dispute
between themselves;
10.1.2 if, 14 (fourteen) days after the dispute first arose between the Parties,
the Parties have been unable to resolve the dispute, then the Parties must notify the
Club about the dispute; and
10.1.3 the Club will determine how the dispute may be resolved.
10.2 The Club may, from time to time, implement an additional or different policy or
policies regarding dispute resolution.
10.3 Any dispute resolution policy must require the Parties to the dispute to first seek
to resolve the matter directly between themselves.
10.4 Any dispute resolution policy must allow each Party to the dispute a reasonable
opportunity to present their respective arguments.
10.5 In the event that a dispute cannot be resolved the Club may appoint a person who
is independent to the dispute ("the Independent Person"), to resolve the dispute. This
Independent Person may be a Member (provided that Member is independent to the dispute),
but need not be.
11. DISCIPLINE OF MEMBERS
11.1 The Club may take disciplinary action against a Member if it considers that the
Member:
11.1.1 has breached these Rules or any general or specific compliance advice
the Club has made available from time to time; or
11.1.2 has caused, is causing or will cause harm or loss to the Club (whether
financial or otherwise).
11.2 The Club may, from time to time, implement whatever disciplinary policy or
policies it chooses to, provided that:
11.2.1 before taking any further disciplinary action against a Member, the Club
must firstly write to the Member to tell the Member why the Club proposes to take
disciplinary action; and
11.2.2 the outcome of any disciplinary procedure must be determined by an
unbiased and independent decision-maker, who is not a Club Member; and
11.2.3 the Member that is the subject of the disciplinary action must be given a
reasonable opportunity to provide an explanation or to defend himself; and
11.2.4 any disciplinary action must be taken as soon as reasonably practicable
after the occurrence of the incident(s) which gave rise to the disciplinary action; and
11.2.5 the Club must notify the Member of the outcome of any disciplinary
action as soon as reasonably practicable.
11.3 The Club will not be liable for any loss or harm that a Member may incur as a
result of disciplinary action that the Club takes in good faith against the Member in accordance
with this clause.
12. ASSIGNMENT AND DELEGATION
12.1 The Club may, at its own discretion, outsource services to third parties to provide
certain designated services to the Club under these Rules, and Members agree that it may
transfer its obligations and duties to another entity or person at any time.
12.2 These Rules are only enforceable by Members and the Club and no other person
shall have any rights to enforce any provision of this Rules.
12.3 Other than upon incapacity or death in accordance with Appendix 2, Members
may not assign, transfer, dispose of or grant security over any of their rights and obligations
under these Rules without the prior written consent of the Club.
These Rules have last been reviewed in June 2022
APPENDIX A
TERMINATION OF MEMBERSHIP
This agreement shall govern the termination of your membership with the Club.
Club: Invested
Club Email: support@JoinInvested.com
If you wish to Terminate your membership with the Club, please send this Termination Notice
with the following information:
Member Name:
Address:
Email:
Notice Date:
1. The terms set out below in this Appendix A shall apply between the Parties set out
above.
1.1 Unless the context otherwise requires, a reference to one gender shall include a
reference to the other genders.
1.2 A reference to writing or written includes e-mail
1.3 References to clauses are to the clauses of this agreement.
2. TERMINATION OF MEMBERSHIP
2.1 The Member's membership with the Club shall immediately terminate upon
successful receipt and confirmation of termination from the Club ("the Termination Date").
2.2 The Member may revoke his request of termination of membership at any time,
provided a new payment of his membership fee has been successfully completed.
2.3 On the Termination Date, all of the Member's access to the Club's services shall
cease.
2.4 Following the Termination Date, the Member shall not be charged for any
additional Club membership fees, however all membership fees charged to him prior to the
Termination Date shall be payable by the Member to the Club in full and shall be non-
refundable.
2.5 The Member can request a cash withdrawal from his positive cash account with the
Club derived from his affiliate activities transferred out to their private bank accounts,
provided that the procedures set out below:
2.5.1 following receipt of a request by the Member to transfer the cash to him,
the Club shall instruct its bank to transfer the specified amount to the Member who
accordingly will provide his valid banking details.
2.5.2 The Club has the absolute discretion to refuse any request for the
transfer of Affiliate Commissions to the Member if it suspects that such transfer to the
Member would be unlawful or in breach of any regulation relating to the Financial
Services (Investment and Fiduciary Services) Act of Gibraltar. The Club may request the
Member to supply it with any additional documentation it reasonably requires to
provide it with comfort of the Member's right to receive such funds.
3. NOTICES
3.1 Any notice or other communication required to be given under this agreement,
shall be in writing and shall be sent by email to support@JoinInvested.com
3.2 Any other communication sent by email shall be deemed to have been duly
received immediately after sending.
3.3 The provisions of this clause shall not apply to the service of any proceedings or
other documents in any legal action.
4. ENTIRE AGREEMENT AND VARIATION
4.1 This agreement constitutes the whole agreement between the parties and
supersedes all previous agreements between the parties relating to its subject matter.
4.2 Each party acknowledges that, in entering into this agreement, it has not relied on,
and shall have no right or remedy in respect of, any statement representation, assurance or
warranty (whether made negligently or innocently) other than as expressly set out in this
agreement.
4.3 Nothing in this clause shall limit or exclude any liability for fraud or for fraudulent
misrepresentation.
4.4 No variation of this agreement shall be effective unless it is in writing and signed by
the parties (or their authorised representatives).
5. NO WAIVER
No failure or delay by a party to exercise any right or remedy provided under this agreement
or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or
restrict the further exercise of that or any other right or remedy. No single or partial exercise
of such right or remedy shall preclude or restrict the further exercise of that or any other right
or remedy.
6. SEVERANCE
6.1 If any court or competent authority finds that any provision of this agreement (or
part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall,
to the extent required, be deemed to be deleted, and the validity and enforceability of the
other provisions of this agreement shall not be affected.
6.2 If any invalid, unenforceable or illegal provision of this agreement would be valid,
enforceable and legal if some part of it were deleted, the provision shall apply with the
minimum modification necessary to make it legal, valid and enforceable.
7. GOVERNING LAW AND JURISDICTION
7.1 This agreement and any dispute or claim arising out of or in connection with it or
its subject matter shall be governed by and construed in accordance with Gibraltar law.
7.2 The parties irrevocably agree that the courts of Gibraltar shall have exclusive
jurisdiction to settle any dispute or claim that arises out of or in connection with this
agreement or its subject matter.
