These terms govern your use of benjaminsmc.com, our educational content, our community, and every program we sell. Section 7 is the guarantee and the no-refund policy. Read it before you buy.
These Terms of Service ("Terms") are a legal agreement between you and Benjamin SMC ("we", "us", "our"). They apply to our website at benjaminsmc.com, our live and recorded educational content, our online community, our communications with you, and any educational program we sell or provide (together, the "Services").
By accessing or using the Services, or by purchasing any program from us, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services and do not purchase. Where a specific program has its own written terms presented at checkout, those terms apply to that program in addition to these.
You must be at least 18 years old and able to form a binding contract to use the Services or make a purchase. By using the Services you confirm that you meet these requirements and that any information you give us is accurate and kept up to date. You may not use the Services where doing so is prohibited by law.
We sell online trading education and coaching. A paid program may include live group coaching calls, live education and question sessions, one-on-one calls where stated at checkout, access to a private member community, and a self-paced library of recorded lessons and course materials, delivered entirely online. Each program runs for the fixed term stated on its checkout page. The price, term and contents of each program are stated on the checkout page at the time of purchase, and that page controls if anything here differs.
All content provided through the Services, including live streams, recorded lessons, coaching calls, community discussions, emails and anything Ben or any other person says or writes, is general education about trading. It is provided for informational and educational purposes only.
Nothing in the Services is, or should be treated as, financial, investment, trading, tax, accounting or legal advice, or a recommendation, solicitation or offer to buy or sell any futures contract, security, currency, digital asset or other instrument. Nothing in the Services is tailored to your personal circumstances, and no relationship of adviser and client is created by your use of them or by any coaching call.
Benjamin SMC and the people who appear in its content are not registered or licensed as a broker, dealer, futures commission merchant, introducing broker, commodity trading advisor, commodity pool operator, investment adviser or financial planner with any regulator in Canada, the United States or elsewhere. We do not manage money, hold client funds, execute trades for others, or provide trade signals or alerts.
Any trade shown or discussed is a decision made by the presenter in the presenter's own account or simulated account, shown to illustrate a process. Before making any financial decision you should consult a licensed professional who knows your situation.
Trading futures, options and other leveraged products carries a substantial risk of loss and is not suitable for every person. Leverage can work against you as well as for you. You can lose more than your initial deposit. Only risk capital, meaning money you can afford to lose without changing your standard of living, should ever be used. Most people who attempt to trade actively lose money.
Past performance, whether actual or simulated, is not indicative of future results. Simulated or hypothetical performance has inherent limitations: it is prepared with the benefit of hindsight, does not involve financial risk, and cannot account for the effect of that risk on decision-making.
We make no promise or representation of any kind about income, profit, payouts, account funding, passing any evaluation, trading performance or any other outcome from using the Services or purchasing any program. Any example, illustration or experience shared by Ben, a coach, a community member or anyone else is that person's own experience, is not typical, and is not a prediction of what you will achieve. Your results depend on factors outside our control, including your own effort, discipline, capital, market conditions and decisions. Because no result is promised, the absence of a result is never a basis for the guarantee or a refund.
Prices are stated on the checkout page in the currency displayed there. Applicable taxes are added where required by law. Payments are collected by third-party payment processors under their own terms and privacy policies; we do not store full card numbers. Where a program is sold as a one-time payment, payment in full is due at purchase. Where a promotional price is offered for a limited window, the standard price applies after that window ends, and a purchase at either price is not eligible for a later price adjustment.
Access to a paid program is for the purchaser only, under the name and email used at checkout. Credentials, community access and paid materials may not be shared, resold or redistributed. Sharing access ends your access, and no purchase is refundable (section 7.2).
Our programs deliver immediate access to digital content, live coaching and a private community the moment you purchase. Once access has been granted, a purchase cannot be refunded, cancelled for a refund, or transferred, for any reason, except as set out in section 7.3.
Every coaching program comes with the same promise, and it has three conditions. Show up to the calls. Post your journal every week. Do the work. If you have done all three for the whole program term and you are not satisfied at the end of it, we do not disappear on you: we keep working with you until you are satisfied, at no additional charge, with continued access to the calls, the review channel and the chat.
What each condition means, so there is no argument later:
The conditions are the whole guarantee. If they were not met, the guarantee does not apply. The guarantee is a promise of our continued time and coaching. It is never a promise of any trading result (section 5), and it is never a refund.
To be completely clear: we do not issue refunds, in full or in part, for any of the following, or for any other reason not listed in section 7.3.
By purchasing you acknowledge that you have read this section, that the program is delivered immediately, and that you are not entitled to a refund. If you open a chargeback or payment dispute for a purchase where access was granted, we will contest it with our delivery, attendance and community records, and your access ends immediately.
A duplicate charge or a charge made in error is refunded in full; email us and we will correct it promptly. If we fail to deliver a purchased program, you are entitled to a full refund. Nothing in this policy limits any non-waivable refund or cancellation right you have under the consumer protection law of the place where you live. If you believe a charge is incorrect, contact us before disputing it with your card issuer; billing issues are resolved fastest by email.
One-time-payment programs run for the fixed term stated at checkout and end automatically. There is nothing to cancel and no further charges are made. You may stop participating at any time, but stopping does not create a right to a refund (section 7.2). Where a program is sold as a recurring membership, you may cancel future renewals at any time from your account or by emailing us; cancellation takes effect at the end of the paid period and fees already paid are not refunded.
Our community spaces exist for learning. You agree to treat other members and coaches with respect, to keep discussions on topic, and not to post content that is unlawful, harassing, hateful, misleading, promotional without permission, or that shares another person's private information. Do not present your own results in a misleading way and do not solicit other members. We may remove content or suspend or remove any member, at our discretion and without notice, for conduct we consider harmful to the community. Removal for a breach of these Terms voids the guarantee and, as with every purchase, is not refundable.
By providing your email address you agree that we may email you about the Services and about any program you purchase, including schedule changes and call reminders. Marketing emails include an unsubscribe link. Operational messages about a program you bought may still be sent after you unsubscribe from marketing.
The Services and all content in them, including video, audio, text, graphics, lesson materials, call recordings, names, logos and the "Benjamin SMC" and "Lions Den" names, are owned by or licensed to Benjamin SMC and protected by copyright, trademark and other laws. We grant you a limited, personal, non-transferable, revocable licence to access the content for your own non-commercial learning during your program term. All other rights are reserved. Content you post in our community remains yours, but you grant us a worldwide, royalty-free licence to host, display and share it as part of operating the Services.
The Services rely on and link to third-party platforms such as video hosting, community, course delivery, calendar and payment platforms. Those platforms have their own terms and privacy policies, which govern your use of them. We are not responsible for third-party platforms, their availability, or their content, and a link does not mean we endorse the destination.
The Services are provided "as is" and "as available". To the fullest extent permitted by law we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement and uninterrupted or error-free operation. Market information may be delayed, incomplete or inaccurate and we do not warrant otherwise.
To the fullest extent permitted by law, Benjamin SMC, its owners, presenters, coaches, contractors and service providers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any trading losses, lost profits, lost data or lost opportunities, arising out of or related to the Services or these Terms, however caused and under any theory of liability, even if advised of the possibility. Our total liability for any claim relating to the Services will not exceed the amount you paid us for the specific program giving rise to the claim in the twelve months before the claim. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.
You agree to indemnify and hold harmless Benjamin SMC and its owners, presenters, coaches, contractors and service providers from any claims, losses, liabilities and expenses (including reasonable legal fees) arising out of your use of the Services, your trading or financial decisions, your content, or your breach of these Terms or any law.
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. Before starting any formal proceeding you agree to contact us at [email protected] and make a good-faith attempt to resolve the matter informally for at least 30 days. Subject to that, you agree to the exclusive jurisdiction of the courts located in Ontario, except that either party may seek injunctive relief in any court of competent jurisdiction. Nothing in this section limits any non-waivable consumer protection right you have under the law of the place where you live.
We may update these Terms from time to time. The effective date at the top shows when they last changed. Material changes will be posted here and, where appropriate, sent to you directly. The guarantee and no-refund terms that apply to a purchase are the ones published on the date of that purchase. If any provision of these Terms is found unenforceable, the rest remain in effect. These Terms, the Privacy Policy and any program-specific terms presented at checkout are the entire agreement between you and us about the Services.