Terms of Service

Terms of Service

We know it is tempting to skip these Terms of Service, but we urge you to read them as it is important to establish what you can expect from us as you use Elitio’s services, and what we expect from you.

In these terms of service, 

-       “we”, “us” and “our” refers to Elitio Technologies Pvt Limited and “qfinr” refers to the app or internet sites operated by us under license from Qfinr Pte Ltd., together with the software and any information that can be accessed on these.

-       “You” or “your” refers to the user of these services

     

Understanding these terms is important because, by using our services, you are agreeing to these terms. If you do not agree to these Terms of Service, you must not use our services, or any information obtained as a result of using our services.

 

Age requirements

You are of legal age to form and competent to enter into a binding contract, are not a person disbarred from receiving services under applicable laws.

 

Your relationship with us

These terms help define the relationship between you and us. Broadly speaking, we give you permission to use our services if you agree to follow these terms.

 

What you can expect from us

We provide services to help you make more informed financial decisions. Our services are designed to use data that we collect from third parties and calculations based on financial formulae that are used across academia and industry. 

 

We continuously develop new technologies and features to improve our service. As part of this continual improvement, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones. If we make material changes that negatively impact your use of our services or if we stop offering a service, we’ll provide you with reasonable advance notice. 

 

We reserve the unqualified and unlimited right to amend, modify, alter, edit, delete, suspend or discontinue, temporarily or permanently, our services and/or the information, statistics, products and/or materials contained and provided with or without prior notice. You understand and agree that we shall not be liable in any manner whatsoever to you or to any third party for any such amendment, modification, alteration, editing, deletion, suspension or discontinuance of the services.

 

We are not a financial product advisory service and do not provide any financial product advice specific to your circumstances. We provide numeric information only based on data entered by the user and/or data otherwise available to us and the output presented is derived from that information as a result of calculations using our methodology. This output, in itself, is not a recommendation nor is it a statement of opinion. It is not a solicitation or attempt to effect transactions in securities or the rendering of personalized investment advice. As such, the information should not be construed as being personalised financial, investment or professional advice, nor should be deemed to constitute as an offer or provision of such advice.

Different types of investments involve varying degrees of risk and need to be matched to your personal financial situation and/or investment objectives in consultation with an investment advisor. We strongly recommend that you seek your own independent financial advice before making any decisions in relation to your investments. Our output, being purely numeric and quantitative, is provided solely for reference purposes and is but one of the many inputs that you may consider in making your decision. Past performance may not be indicative of future results. Therefore, you should not assume that future performance of any specific investment or investment strategy will be profitable, equal any historical performance level, or be suitable for your portfolio or individual situation, or prove successful within the time horizon you are considering.

We use data generated by third parties in our services. While we endeavour to ensure that all content and data used is correct and accurate, we cannot guarantee this. Accordingly, we cannot make any representations as to the accuracy, timeliness, suitability or completeness of any information prepared by any unaffiliated third party.

What we expect from you

The permission we give you to use our services continues as long as you meet your responsibilities in these terms. We also make various policies and other resources available to you to answer common questions and to set expectations about using our services. These resources include our Privacy Policy. 

 

Although we give you permission to use our services, we retain any and all intellectual property rights we have in the services.

 

You are responsible for all activity on your account. You agree to only access and use our services to manage your personal decisions. To the extent that you authorise a third party to access your account with us on your behalf, you remain responsible for such access. We have no responsibility or liability for the actions of such a party. 

 

You must ensure that all information provided by you during the sign-up process is true and correct to the best of your knowledge and belief. At sign-up, you warrant and confirm that your access to and use of our services is not illegal nor prohibited by any laws which apply to you.

 

You are responsible for maintaining the confidentiality of passwords and any other information. You will immediately notify us of any unauthorised use of your account or any other breach of security that you become aware of. We may reset your password following a breach of security and you must take all other actions that we reasonably deem necessary and advise you to protect your information.

 

You must take your own precautions to ensure that the process which you employ for accessing our services does not expose you to risk of viruses or other forms of interference which may damage your systems or data. We take no responsibility for any such damage caused to your systems or data.

 

Output from our services is dependent amongst others on your own responses and input. You acknowledge that you are solely responsible for the accuracy of data that you enter into our services and therefore all results and analysis from your use of our services.

 

When accessing and using our services, you must:

  1. not attempt to gain unauthorised access to any information, or attempt to undermine the security, integrity or functionality of our services;

  2. not use, or misuse our services in any way which may impair the functionality of our services; and

  3. not transmit, or input into our services any files that may damage any other computing devices or software, or content that may be offensive or material or data in violation of any law.

 

You agree to independently assess the risk factors associated with an investment and it is your sole responsibility to exercise independent judgement and/or seek professional advice since a specific type of investment may not be suitable for all investors. It is your exclusive responsibility to authenticate, verify and evaluate or take professional advice on the accuracy and completeness of all information, statements, opinions and other materials contained, provided, posted or expressed by our services. We reiterate our recommendation that you should always seek your own independent financial advice before making any decisions in relation to your investments.

 

Fees and charges

We will charge you, and you agree to pay, the monthly or annual Subscription Fee for the level selected (the Subscription Plan) when subscribing to some or all of our services (Subscription Fee) (if applicable). 

 

Where a Subscription Fee is applicable:

1.    Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy. We will automatically process your Monthly Subscription fee in the next billing cycle and will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate, until you cancel your subscription. We explain how to cancel your Monthly Subscription in our "Cancellation Policy".

2.    Annual Subscription: By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service. After one year and annually thereafter, you will be billed a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Annual Subscription anytime before the next billing cycle, subject to the terms of our cancellation policy. We bill you for the Annual Subscription renewal fee in the first month of your next Annual Subscription. For example, let's say you purchased an Annual Subscription beginning in May 2020 and ending in April 2021. We will bill you for the second year (May 2021 to April 2022) in May 2021, unless you cancel your Annual Subscription before May 2021. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, we will automatically process your Annual Subscription fee at the then-current Annual Subscription rate. We explain how to cancel your Annual Subscription in our "Cancellation Policy".

3.    No refunds will be made for cancellations before the subscription period ends. Once a subscription plan is paid for, you can choose to use the services. 

4.    All relevant taxes will be included in the Subscription Fee

5.    You authorise us to invoice and receive payment from you in advance for Subscription Fees on a monthly or annual basis, until termination of your account and you cease to use our services or if you downgrade to a lower Subscription Plan.

6.    We will not store or have access to your payment details. In supplying your payment details to our payment services provider, you authorise us to invoice and the payment service provider to process payment of your Subscription Fees and any other outstanding amounts (as applicable) as they become due.

7.    Invoices are calculated on a monthly or annual basis, based on the Subscription Plan selected. Where you upgrade your Subscription Plan, any additional costs payable by you will be prorated for the remaining period of the calendar month or year (as applicable) in which you upgrade your Subscription Plan, and you will be billed on the basis of whole calendar months or years (as applicable) going forward.

8.    If we are unable to successfully process your credit card payment for the Subscription Fee, then we may notify you of the dishonoured payment and cancel your subscription.

9.    No refunds or credits for your Subscription Fee will be provided if you elect to downgrade or terminate your Subscription Plan. In the case of a downgrade, the new Subscription Fee for the downgraded Subscription Plan will apply from the beginning of the calendar month or year following the month or year (as applicable) in which the Subscription Plan was downgraded.

10. Changing your Subscription Plan may cause loss of content, features, or capacity of the service you receive and we do not accept any liability for losses arising as a direct or indirect consequence of this.

 

 

Disclaimer and Exclusion of Liability

 

The information contained and provided by our services is of a numeric nature and it is not our intention to provide any professional advice, solicitation or offer to sell, recommend or purchase securities and/or funds. All information, statements, opinions, statistics, products, services and materials contained, provided and posted are contained, provided and posted on an "as is" basis. You must exercise due caution and must verify any and all information sought to be relied upon and/or seek independent professional advice before the you enter into any commercial or business relationship or transaction with any person or entity, and /or any other party or make any investment or enter into any financial obligation based solely on any information, statement or opinion which is contained, provided, posted by our services. 

 

Our services contain information, statements, opinions, statistics, products, services and materials that have been obtained from sources believed to be reliable and an effort has been made to provide timely, accurate information, however we make no guarantees whatsoever regarding the timeliness, completeness, accuracy, adequacy, fullness, functionality or reliability of the information, statements, opinions, products, services and materials contained, provided and posted  or expressed in our services or of the results obtained from the use of such information, statements, opinions, products, services and materials and make no warranties of any kind and nature whatsoever either express or implied, including but not limited to warranties regarding the accuracy, performance, merchantability and/or fitness for a particular purpose of the information, statements, opinions, products, services and materials contained, provided and posted or expressed in our services or of the results obtained from the use of such information, statements, opinions, products, services and materials.

 

To the fullest extent permissible pursuant to applicable law we disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

 

Data Protection & Privacy

We take the protection of your data seriously. You expressly understand and agree that though all reasonable care is taken by us to secure and keep confidential all data and information provided by you on our services, we shall not be liable and shall not be held responsible for unauthorized and illegal access to such data and information by third parties, or owing to any fraud or malfeasance committed by its agents, or misfeasance by contractors engaged by us. You expressly waive your right to make claims and demands of any kind and nature whatsoever, against us on account of any losses or damages whether direct, incidental, special, or consequential incurred or suffered by any user of our services on account of such unauthorized access to such data and information, whether or not we knew or should have known that such damages might be incurred or suffered, including but not limited to loss of income or profits or market value loss on the sale or purchase of funds and/or securities.

 

In the course of your use of our services, we will collect certain information from you, (the "Information") which will be dealt in accordance with the Privacy Policy available at https://www.qfinr.com/privacy-policy.

 

 

Alterations and Modification of these Terms

You understand and agree that we have the unlimited right to amend, modify, alter, edit and/or delete the Terms of Service with or without prior notice to you and that you shall not be entitled to make any claims of any kind and nature whatsoever against us on account of losses or damages of any kind and nature, incurred or suffered by you on account of such change, modification or alteration thereof. You understand and agree that in case you choose to access and use our services, shall be deemed to have read and understood the then current and applicable Terms of Service for all purposes thereof, irrespective of whether you have actually read and understood the Terms of Service or not.

 

We reserve the right to change these Terms of Service at any time. Changes once made, will be posted, and will require you to either accept such modifications via a clickwrap contract (by clicking ‘I Agree’ on any pop-ups on the app and/or website) or by continued use of the services, which shall be construed as acceptance of the revisions to the Terms of Service by conduct.

 

Trademark and Copyright Protection

You understand and agree and are put on notice that unless otherwise indicated, the our app, website and services and the text, content, layout, design, graphics, compilation and other matters related to our services are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to intellectual property) rights and are our property or the material is included on our services with the permission of the owner of such rights and is protected pursuant to copyright and trademark laws.

 

You are prohibited from reproducing, transmitting, disseminating, copying, downloading, modifying, displaying, selling, publishing, broadcasting, or circulating the information and materials contained in our services in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our express prior written consent.

 

End Use Restrictions

You covenant not to directly, or indirectly:

  • copy, rip or capture, or attempt to copy, rip or capture, any content from our services or use our services in any way that is designed to create a separate service that replicates any part of our offering.

  • employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content from our services.

  • employ any techniques or make use of any services, automated or otherwise, designed to alter or modify your activity on our services, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means, nor offer or promote the availability of any such techniques or services to any other users.

  • circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to content.

  • alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, our services.

  • copy or adapt the object code of our services or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of our services, or

  • commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.

  • rent, sell or lease access to our services, or any content on our services, nor allow others to access your account, or our services via your account login credentials

  • impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

  • exploit, threaten, abuse or otherwise harass another user, nor use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.

  • sell or transfer, or offer to sell or transfer, any account to any third party without the prior written approval of the account holder and us.

  • collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.

  • violate, circumvent or attempt to violate or circumvent any data security measures employed by us.

  • access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of our servers, system or network or attempt to breach our data security or authentication procedures or attempt to interfere with our services by any means.

 

We reserve the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any persons who have participated in any such violations.

 

You agree to comply with the above conditions at any and all times during your use of the our services, and acknowledge and agree that we have the right, in our sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.

 

Third Party Provider Restrictions

We use third parties for some of our data and content. These Third Party Providers may impose additional restrictions on usage of their Information, materials, or services and may change them from time to time. These restrictions may include prohibiting certain types of usage or requiring users to report its usage to, obtain agreement from, or pay additional fees directly to the relevant Third Party Provider. Specifically, all data that we source from Refinitiv or exchanges is under specific prohibition of redistribution by the user. The restrictions by Third Party Providers are binding on users in the same way as any other provision in this Agreement.

 

 

Jurisdiction and Applicable Laws

 

 

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto our services or these Terms of Services shall be subject to the exclusive jurisdiction of the courts at Delhi, India and you hereby accede to and accept the jurisdiction of such courts.

 

If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Service shall continue in full force and effect.

 

Waiver

The failure to enforce any provision of these Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 

Additional and Third-Party Terms of Use

Certain individual services or products may have their own, or additional, terms and conditions. In the event of a conflict between these Terms of Service and the terms of the individual services or products, the terms shall be read harmoniously so as to most nearly reflect the original intent of both the terms, but shall in no event derogate from these Terms of Service.

 

Force Majeure

We shall not be responsible for any delay, default or failure of performance in respect of its contractual obligations or in the delivery of the services due to any natural calamities, contingencies beyond their control including but not limited to war, civil disorder, arson, unavailability of any communication system, virus in the processes, computer hacking, computer crashes or acts of the government or regulatory authorities in India.

 

Disclosures

We do not receive any remuneration in respect of the underlying products being discussed in our services.