Terms and Conditions For Registered Users
TERMS AND CONDITIONS FOR SUBSCRIBERS
In this Agreement:
- “you” and “your” means the Electronic Services subscriber having access to and/or use of the Electronic Services;
- “Elite Inside Trader,” “we,” “us” and “our” mean Elite Inside Trader Ltd, a limited company incorporated and registered in England and Wales under number 07436316 and with its registered office at Unit 4 Shire Hill, Saffron Walden, Essex CB11 3AQ; and
- “Electronic Services” means any and all of Elite Inside Trader’s online services being provided pursuant to this Agreement as specified in your registration for a subscription to those services (“Subscriber Registration”), including, but not limited to, services and information accessible via an internet connection through Elite Inside Trader’s proprietary software, Elite Inside Trader’s website, your computers and networks, and any other computer or telephonic portfolio pricing tools provided to you by Elite Inside Trader, whether established by Elite Inside Trader directly or by other service providers.
1. Agreement regarding electronic services
This Agreement between you and Elite Inside Trader states the terms and conditions of your use of the Electronic Services. You agree to use Elite Inside Trader’s Electronic Services and any additional services offered by Elite Inside Trader in the future only in accordance with this Agreement. The terms and conditions set out in the Agreement may be modified from time to time by Elite Inside Trader upon at least two (2) weeks prior written notice to you; provided that in the event that you do not agree with such modification, you shall have the right to terminate this Agreement and your subscription at any time before the effective date of such modification, in which event Elite Inside Trader will refund to you, within thirty (30) days of termination, that part of any pre-paid subscription charges as relates to the period after the termination date. You also agree to abide by any other rules, procedures, standards, requirements or conditions established by Elite Inside Trader regarding use of its Electronic Services or electronic communications facilities that Elite Inside Trader makes available.
2. Your account; your portfolio; your information
In offering its Electronic Services, Elite Inside Trader is making available to you on-line pricing information and market analysis about shares, derivatives and commodities and enabling you to track a range of them in a virtual portfolio (“Your Portfolio”). For the avoidance of any doubt, Your Portfolio is a tracking device in relation to a fictional portfolio of stocks and shares and does not represent your ownership of any such stocks and shares or Portfolio. These will be provided in accordance with your subscription through an account accessible only to you (“Your Account”).
Through Elite Inside Trader’s website, you may also have access to market data, quotes, news, research (including analyst research obtained from various third parties (the “Research Reports”)) and other information (collectively, the “Information”), which has been independently obtained by Elite Inside Trader from market information services, publishers, various securities markets, such as stock exchanges, their affiliates, investment bankers and others (collectively, “Information Providers”) and which is transmitted to Elite Inside Trader by persons and entities engaged in the transmittal of such Information (the “Information Transmitters”).
3. Subscription, service, use fees, and cancellation
You agree to pay all subscription, service and use fees to Elite Inside Trader for the Electronic Services upon completing your Subscriber Registration. The subscription, service and use fees may be increased from time to time by Elite Inside Trader upon at least thirty (30) days prior written notice to you; provided that in the event that you do not agree with such increase, you shall have the right to terminate this Agreement and your subscription at any time prior to the effective date of such increase, in which event Elite Inside Trader will refund to you, within thirty (30) days of termination, that part of any pre-paid subscription charges as relates to the period after the termination date.
The charges payable for the Electronic Services will be as quoted on Elite Inside Trader’s website from time to time, except in cases of obvious error.
These prices include VAT.
Access to the Electronic Services is made available as soon as you complete your Subscription Registration and make your payment. By registering for the Electronic Services, you agree that Elite Inside Trader can start providing the Electronic Services straightaway without waiting until the end of the seven day cancellation period that would usually apply under the Consumer Protection (Distance Selling) Regulations 2000. Consequently, your right of cancellation will end as soon as Elite Inside Trader gives you access to the Electronic Services. This means that you will not be entitled to cancel your Subscription Registration and receive a refund.
You can cancel your subscription and the Agreement at any time by informing Elite Inside Trader in writing. If you do so, you must stop using the Electronic Services.
The suspension or cancellation of your subscription and/or Agreement and/or your right to use the Electronic Services shall not affect either your or Elite Inside Trader’s rights or liabilities.
Access to the Electronic Services is priced and sold in annual blocks. If you cancel your subscription and/or Agreement, your subscription and use of the Electronic Services will continue to the end of the then current subscription year, unless you choose to delete Your Account in which case your use will cease immediately. You will not be entitled to receive a refund of the part of the price that relates to this period, regardless of whether or not you delete Your Account.
4. Access, passwords and security
Once you have registered to use the Electronic Services, Elite Inside Trader will provide you with a unique user name and password to access your account (the “ID” and “Password”). You agree that you will not allow another person to use your ID or Password to access or use the Electronic Services under any circumstances. You agree that you are solely and entirely responsible for your ID and Password and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to keep it secure. Elite Inside Trader is not liable for any charges, damages, liabilities or losses caused by or related to the theft of your ID or Password, your disclosure of your ID or Password, or you allowing another person to access and use the Electronic Services using your ID or Password.
You are solely and entirely responsible for any and all use of your account including any charges incurred relating to the Electronic Services. You agree to notify Elite Inside Trader immediately of any unauthorised use of your account or any other breach of security known to you.
You acknowledge that the complete privacy of your data and messages transmitted over the internet while using the Electronic Services cannot be guaranteed.
5. Electronic communications
The Electronic Services you access by computer provide you with the capability to send electronic communications directly to Elite Inside Trader and interact within applicable areas of the Electronic Services. You agree to the following terms with respect to your use of electronic communications through the Electronic Services:
(a) You will not use any electronic communication feature of the Electronic Services for any purpose that is unlawful, abusive, harassing, libelous, defamatory, obscene or threatening. You will not use the Electronic Services to solicit Elite Inside Trader’s customers or others or participate in the solicitation of Elite Inside Trader’s customers or others for any purpose;
(b) You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
(c) You agree to provide Elite Inside Trader with your e-mail address, promptly provide Elite Inside Trader with any changes to your e-mail address and accept electronic communications from Elite Inside Trader at the e-mail address you specify; and
6. Elite Insider Trader’s proprietary information
The information, know-how, data, processes, programs, methodologies, procedures, protocols, designs, drawings and formulae incorporated in the Electronic Services are the property of Elite Inside Trader (the “Proprietary Information”).
As material conditions to Elite Inside Trader’s acceptance of your subscription to the Electronic Services under this Agreement, you:
(a) represent and warrant that you are authorised to enter into this Agreement and to be bound by its terms;
(b) represent and warrant that you shall view and use the Electronic Services lawfully and solely in relation to legitimate personal purposes, and not (by way of example and not by way of limitation) for the purpose of obtaining any Proprietary Information or for reverse engineering the Electronic Services;
(c) agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Proprietary Information in any manner, regardless of the manner in which you obtain it, without the express written consent of Elite Inside Trader;
(d) agree to use your best efforts to protect Elite Inside Trader’s rights in the Proprietary Information; and
(e) agree that Elite Inside Trader shall be entitled to enforce this Agreement by legal proceeding or otherwise against you or any person or entity that gains access to or uses the Proprietary Information other than as this Agreement contemplates, that you shall pay for all damages resulting to Elite Inside Trader arising out of your breach of the terms of this Agreement, and that you shall pay all reasonable legal fees that Elite Inside Trader may incur in so enforcing this Agreement. Your obligations under this provision shall remain in effect after termination or expiry of this Agreement.
7. Others’ proprietary information
The Information is the property of the Information Providers or others and is protected by copyright. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Information in any manner without the express written consent of Elite Inside Trader and the relevant Information Provider(s); you also agree not to use the Information for any unlawful purpose. You agree to comply with reasonable written requests by Elite Inside Trader to protect the Information Providers’, Information Transmitters’ and Elite Inside Trader’s respective rights in the Information. The Information Providers and Information Transmitters are third party beneficiaries under this Agreement and shall be entitled (along with Elite Inside Trader or alone) to enforce this Agreement by legal proceeding or otherwise against you or any person or entity that gains access to or uses the Information other than as this Agreement contemplates. You shall pay all reasonable legal fees that Elite Inside Trader or any Information Provider or Information Transmitter may incur in so enforcing this Agreement. Your obligations under this provision shall remain in effect after termination or expiry of this Agreement.
8. Our ability to terminate electronic services
Elite Inside Trader reserves the right to terminate your access to the Electronic Services or any portion of them for reasons including but not limited to the unauthorised use of your access ID and/or Password, breach of this Agreement, discontinuance of Elite Inside Trader’s access to any Information or data from any Information Provider or Information Transmitter, or termination of one or more agreements between Elite Inside Trader and Information Providers or Information Transmitters. In the event of a termination by Elite Inside Trader, the Information Providers, the Information Transmitters and Elite Inside Trader shall have no liability to you; provided, however, that if the termination is without cause Elite Inside Trader will refund to you, within thirty (30) days of termination, that part of any pre-paid subscription charges as relates to the period after the termination date.
9. Risks of interruption in service and in market information
Access to the Electronic Services may be limited or unavailable at certain times or from time to time, including, without limitation, in the events listed below under “Limitation of Liability.” If the Electronic Services are unavailable or delayed at any time, you agree that Elite Inside Trader will not be liable to you in any manner.
The accuracy, completeness, timeliness or correct sequencing of the Information or any opinion, advice, information or statement contained in the Electronic Services (“Content”) is not guaranteed by Elite Inside Trader, the Information Providers or the Information Transmitters. There may be delays, omissions or inaccuracies in the Information or the Content. You agree that neither Elite Inside Trader, the Information Providers nor the Information Transmitters shall have any liability, contingent or otherwise, for the accuracy, completeness, timeliness or correct sequencing of the Information or the Content, or for any decision made or action taken by you in reliance upon the Information, the Content or the Electronic Services, or for interruption of any data, Information, Content or aspect of the Electronic Services.
10. Limitation of liability
Elite Inside Trader makes no representations as to the validity of any Information or Content. You are responsible for checking the accuracy of relevant Information and/or Content before relying on it. Any information we give you is not our recommendation or advice to take (or not to take) any particular course of action in relation to your investments. You should take your own independent advice based on your specific circumstances. Elite Inside Trader does not under any circumstances give or offer financial advice or services for the purposes of the Financial Services and Markets Act 2000.
The Electronic Service is provided by Elite Inside Trader without any warranties or guarantees. You must bear the risks associated with the use of the internet. In particular, Elite Inside Trader does not warrant that its website or the Electronic Services are virus free. You must take your own precautions in this respect as Elite Inside Trader accepts no responsibility for any infection by virus or other contamination or by anything that has destructive properties.
In particular, Elite Inside Trader disclaims all liabilities in connection with the following:
(a) incompatibility of the Elite Inside Trader website or the Electronic Services with any of your equipment, software or telecommunications links;
(b) technical problems including errors or interruptions of the Electronic Services;
(c) unsuitability, unreliability or inaccuracy of the Electronic Services (including, without limitation, the Information or Content);
(d) inadequacy of the Electronic Services (including, without limitation, the Information or Content) to meet your requirements; and
(e) any reliance placed by you or actions taken or not taken by you based on the Information or Content in relation to your investments.
Except as expressly and specifically provided in this agreement:
(a) Elite Inside Trader shall have no liability for any damage caused by errors or omissions in any information or instructions provided by you in connection with the Electronic Services, or any actions taken by Elite Inside Trader at your direction; and
(b) all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
Elite Inside Trader’s liability for losses you suffer as a result of Elite Inside Trader breaking this Agreement is strictly limited to the amount you originally paid for the Electronic Service.
This does not include or limit in any way Elite Inside Trader’s liability:
(a) For death or personal injury caused by its negligence;
(b) For fraud or fraudulent misrepresentation; or
(c) For any matter for which it would be illegal for Elite Inside Trader to exclude, or attempt to exclude, its liability.
Elite Inside Trader is not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
(a) loss of income or revenue;
(b) loss of investments;
(c) loss of business;
(d) loss of profits or contracts;
(e) loss of anticipated savings;
(f) loss of data; or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
This condition will survive the termination or expiry of this Agreement.
11. No financial, legal, tax or other advice
You acknowledge and agree that neither the Electronic Services nor any of the Information, Content or tools built into the Electronic Services constitutes or is intended as financial, tax, trading, accounting or legal advice. Any information we give you, whether through the Electronic Services or otherwise, is not our recommendation or advice to take (or not to take) any particular course of action in relation to your investments. You should take your own independent advice based on your specific circumstances. Elite Inside Trader does not under any circumstances give or offer financial advice or services for the purposes of the Financial Services and Markets Act 2000.
12. Notices and communications
Applicable laws require that some of the information or communications Elite Inside Trader send to you should be in writing. When using the Electronic Services, you accept that communication with Elite Inside Trader will be mainly electronic. Elite Inside Trader will contact you by e-mail or provide you with information by posting notices on the Elite Inside Trader website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Elite Inside Trader provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to Elite Inside Trader must be given at Unit 4 Shire Hill, Saffron Walden, Essex CB11 3AQ OR email@example.com. Elite Inside Trader may give notice to you at either the e-mail or postal address you provide when completing your Subscription Registration, or in any of the ways specified in this clause above. Notice will be deemed received and properly served immediately when posted on the Elite Inside Trader website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Scope; transferability
This Agreement shall cover individually and collectively all accounts which you may maintain with Elite Inside Trader, and is binding on you and Elite Inside Trader and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of this Agreement, or any of your rights or obligations arising under it, without Elite Inside Trader’s prior written consent.
Elite Inside Trader may transfer, assign, charge, sub-contract or otherwise dispose of this Agreement, or any of its rights or obligations arising under it, at any time during the term of the Agreement.
14. Events outside our control
Elite Inside Trader will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Agreement that is caused by events outside its reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Elite Inside Trader’s reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks; and
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Elite Inside Trader’s performance under the Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and Elite Inside Trader will have an extension of time for performance for the duration of that period. Elite Inside Trader will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under the Agreement may be performed despite the Force Majeure Event.
If Elite Inside Trader fails, at any time during the term of the Agreement, to insist upon strict performance of any of your obligations under the Agreement or any of these terms and conditions, or if Elite Inside Trader fails to exercise any of the rights or remedies to which it is entitled under the Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by Elite Inside Trader of any default shall not constitute a waiver of any subsequent default.
No waiver by Elite Inside Trader of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition headed “Notices and Communications”.
If any of these terms and conditions or any provisions of the Agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between you and Elite Inside Trader in relation to the subject matter of the Agreement and supersede any prior agreement, understanding or arrangement between you and Elite Inside Trader, whether oral or in writing.
You and Elite Inside Trader each acknowledge that, in entering into the Agreement, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between the parties prior to such Agreement except as expressly stated in these terms and conditions.
Neither you nor Elite Inside Trader shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of the Agreement (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
18. Law and jurisdiction
This Agreement will be governed by English law. Any dispute arising from, or related to, it (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales although Elite Inside Trader retains the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.