In these Terms:
“Charges” means the subscription charges payable to
Evol Trader by the Subscriber
in
respect of the Subscription Services;
“Content Guidelines” means that the 'forum guidelines',
'posting guidelines',
'article guidelines' and 'editing guidelines' posted on our web site as
amended by us from time to
time;
“Intellectual Property Rights” means all intellectual
property rights wherever in
the world arising, whether registered or unregistered, and including any
application or right of
application for such rights (including without limitation copyright and
related rights, ethical
rights, registered and unregistered trademarks, patents, design rights
and database rights);
“Registered User“ means that someone who has created an
account with the Website;
“Evol Trader Content“ means financial news articles,
blogs and other textual
content that we write and publish for free on the Website, identified by
being authored by either
Evol Trader News, Evol Trader Features or our staff;
“Subscription Service“ means one of the paid-for data
and screening subscription
services (“Evol Trader Data”) and data analysis tools available on the
Website from time to time,
including but not limited to the Evol Trader Premium Subscription
services;
“Subscriber“ suggests that a
Registered User has subscribed to a Subscription Service;
“Third Party Content“ suggests that financial news,
articles, advertising and/or
other content (including without limitation video, textual, graphic,
photographic, audio and
audio-visual content) that's published on the web site, but is provided
by third parties (for
example content sourced from external publishers together with news
organisations and research
houses),
“Trial Period“ means that a period throughout that the
Subscriber will avail a Subscription Service while not paying the
Charges;
“Evol Trader Data“ means data that we source from third
party data suppliers and
any
intermediate calculations that we undertake in respect of
that data;
“Use“ means any use without and includes, while not
limitation, viewing, storing, reproducing, displaying, publishing,
distributing, broadcasting and/or making derivative works;
“Use Content“ means content (including without
limitation video, textual, graphic, photographic, audio and audio-visual
content) uploaded or otherwise provided for publication by a Registered
User for use on or in relation to the Website;
“Website“ means the website at www.evoltrader.com or any successor site
operated by us from time to time.
References in these Terms to "we" or "us" mean Evol trader Limited; and
references in these Terms to "you" mean the person using the website or
holding a Registered User
License any material from the website except in accordance with the
Content Guidelines (d) make any charge in relation to or carry on by way
of business any material obtained from website; or (e) show (whether for
commercial purposes or not) any material from the website in public you
need to not use any material from the website for any inappropriate or
criminal purpose or conduct any scraping, data mining or automated data
collection in relation to the website. You must not use the website in
any manner that causes, or could cause, injury to the website or
impairment of the availability or accessibility of the website, or in
any means that is unlawful, illegal, dishonest or harmful, or in
reference to any unlawful, illegal, dishonest or harmful purpose or
activity. You may solely Use the website if you're a minimum of eighteen
years of age.
Access to certain areas of the website is restricted to Registered Users
and may be further restricted to Subscribers. We tend to reserve the
right to limit access to different areas of the website, or indeed the
whole website, at our discretion. You need to not use the login details
or password of any other person to access restricted areas of the
website.
In order to become a Registered User, you want to produce an account
using the website interface, and click on the activation link within the
email that we will send to you. Registered Users gain access to extra
services and restricted areas on the website, which may include:
- The ability to submit and edit articles on the website;
- The ability to subscribe RSS/Atom feeds;
- The facility to submit posts to our Website forums and to rate
others' posts;
- Access to our virtual fund trading
platform;
- The facility to make a close profile which
can be made available via the Website;
- Access to our Website-based
messaging system;
- Within the case of Subscribers solely, access to
the Subscription Service,
Registered Users must not permit the other person to use their user ID
and password, and they must make sure that user ID and password are kept
confidential. Registered Users accept responsibility for all activities
that occur under or in under their user ID and password. Upon our
request, Registered Users will produce to us proof of their identity
and/or age.
We may also be needed by law or regulation under Registered Users and
disclose their details to a third party together with the relevant legal
or regulatory authority if requested by them to do so.
We may alter or prohibit the services and areas that Registered Users
have access to, and/or delete any Registered User's account, in our sole
discretion without notice or clarification.
You grant to us for the entire term of copyright (including any
extensions, renewals, restorations, revivals and reversions) a
non-exclusive royalty-free sealed licence to Use the User Content that
you just that you post in the website, any part of that User Content,
and any derivative work based on that User Content and created under
these Terms, on or in relevance the website, any other website and any
other media available currently or at any time in future.
You give us
the right to sub-license any or all of these rights. you also give us
the right, under Section 14 of the Copyright Act 1957, to bring an
action for
infringement of any or all of these
rights.
You warrant and undertake that you own or have the right to license the
relevant intellectual property Rights in all User Content that you go
through the website in accordance with these Terms.
You must check that that your User Content, and so the utilization of
that User Content in accordance with these Terms, does not
constitute:
- a money promotion, a billboard for any explicit investment or
investment business, or letter of invitation or inducement to
interact in investment activity;
- Investment recommendation, or recommendation to an investor or
potential advice (or an agent for such a person) on the merits
of
buying, selling, subscribing for or underwriting a specific
security
or contractually-based investment or exercise any right
conferred by
such an investment to buy, sell, subscribe for or underwrite
such an
investment;
- Composing an arrangement for another person (whether as
principal or
agent) to buy, sell, subscribe for or underwrite a security, a
contractually-based investment, or an investment of
-
The creating of an arrangement for another person (whether as
principal or agent) to buy, sell, subscribe for or underwrite a
security, a contractually-based investment, or an investment of
the
type
specified by article 86 or article 89 (so far as relevant to
that article) of the financial Services and Markets Act 2000
(Regulated Activities) Order 2001; or
- Any financial service or activity regulated or controlled by or
consistent to the financial Services and Markets Act 2000 or the
financial Services and Markets Act 2000 (Financial Promotions).
You also agree to publish any material interest you or your associates
may have when making contributions to your User Content. The
restrictions above do not, of course, stop you posting general and
generic financial information on the website to the extent that they do
not comprise carrying on regulated investment or the conveyance of a
financial promotion under the financial Services and Markets Act
2000.
You must make sure that your User Content, material linked to by the
User
Content, and also the use of User Content in accordance with these
Terms:
- does not violate any third party's rights (including without
limitation intellectual property Rights, reputational rights,
rights of confidence and rights of privacy);
- does not give rise to any cause of action in any jurisdiction,
whether against us, you or a 3rd party;
- doesn't violate any law, statute, ordinance, regulation, legally
binding code or market conventions in any jurisdiction
(including, without limit, financial services regulations)
whether or not within the India or elsewhere;
- isn't pornographic or sexually explicit;
- does not duplicate or considerably duplicate User Content
previously published on the Website;
- is not threatening, abusive, harassing, minacious or contrary to
the principles of internet etiquette;
- does not represent spam or marketing material (any promotional
activity should only take place through your Profile, as
mentioned here (insert link)); and;
- does not contain any malicious computer programming routines
such as viruses, Trojan horses, worms, time bombs or other
computer programming routines that are intended to damage,
harmfully interfere with, stealthily intercept or acquire any
system, data or personal information.
You undertake to stay yourself acquainted on the contents of the Content
tips and to confirm that your User Content and your user behavior is in
line with the Content tips. We do not undertake to watch your use of the
online website or the posting of User Content by you or any third party
on the online site. Nor will we tend to warrant that the Users of the
online website have adhered to those Terms, although we use reasonable
endeavors to remove User Content that breaches these Terms after it's
been delivered to our attention. If you become aware of any User Content
on the website that breaches these Terms, you should advise notify of
that content instantly. You acknowledge that we may edit, delete and/or
move User Content without notice or explanation.
Subject to the Evol trader data warranties in Section 7 below, we don't
undertake to monitor Third Party Content that appears on the website.
Nor do we warrant that Third-Party Content providers have adhered to
these Terms, though we tend to use affordable endeavors to get rid of
Third Party Content that breaches these Terms when it's been dropped at
our attention. If you become responsive to any Third-Party Content on
the website which breaches these Terms, you should notify us of that
content immediately.
You acknowledge that the website and the material on the website could
also be modified from time to time without notice. As we offer Evol
Trader Content as a free service to all our users, we offer no
warranties in respect of the preparation and publication of this
content. where we provide Evol Trader data as part of a paid
Subscription Service, we warrant the we will take reasonable care in
respect of ensuring the accuracy of that Evol Trader data (by making
certain that the underlying data is sourced from a reputable provider),
and that we will use reasonable care and skill in the provision of the
Subscription Service. If we are notified of a possible error in relation
to the Evol Trader Data, we will endeavour to notify our supplier of
this issue, although we cannot be certain that they will be willing to
correct the error identified.
Notwithstanding the warranties above, Evol Trader is not licensed to
offer investment advice and nothing on the website should be interpreted
as Evol Trader seeking to offer such trust. Evol Trader Content, Evol
Trader data, User Content and/or relevant Third-Party Content is
provided ‘as is’ and may contain errors or inaccuracies. You should look
for confirmation from an authoritative third-party source of any
information found on the website upon which you may wish to believe. Use
of Evol Trader Content, Evol Trader data, User Content and/or
Third-Party Content is Trader at the Subscriber’s risk.
Subscriber acknowledges that the use and interpretation of the Evol
Trader data, and any data analysis tools provided as part of the
Subscription Service requires skill and judgement. Subscribers shall at
all times exercise their own skill and judgement in the Use and
interpretation of the Subscription Service and shall be entirely
accountable for the purposes for which it's used and for all opinions,
recommendations, forecasts and other comments made or action taken by
Subscribers based wholly or partly on the Evol Trader data and/or data
analysis tools.
Evol Trader Subscription Service includes access to
pre-defined investor screens based on
the work of famous investors, such as Benjamin Graham.
We do not choose the companies on these lists. All the screens are based
on set quantitative criteria, which are taken either from research
papers or from the writings of finance gurus. However, please note that
the screening criteria used may represent Evol Trader's interpretation
of the author's investment approach based on the available data-set and
will not be determined or endorsed by the original strategist.
You should consider the results of any screen as candidates for any
analysis, not as a buy list or as a group of recommendations
These investor screens are supposed purely as an educational tool to
test
the performance of various investment approaches within the trading
market.Our performance tracking ignores the impact of factors
like spreads, commissions, spreads and dividends. While
this means that the reported performance is likely to be unachievable,
this allows a useful comparison of different investment styles under the
same market conditions.
Subject to the warranty given above in respect of the paid-for
Subscription Service:
- We don't warrant the completeness, veracity, bona fides or
accuracy
of the material on the website; nor will we commit to
guaranteeing
that the website remains available or that the material on the
website is kept up-to-date.
- We don't grant to you any warranties or make any representations
about the website or your Use of the website, and to the fullest
extent permitted by applicable law we exclude all warranties and
representations.
You acknowledge that the material on the website submitted
by
third parties (including our Registered Users) from time to
time
is the sole responsible of the third party who has submitted
that material. If you become aware of any inaccuracy or
error on
the website, please let us know
You will reimburse us and keep us reimburse against any loss, damage,
expense, cost or liability suffered by us arising out of any breach by
you of any of these Terms, or arising out of any claim that you have
violated any of these Terms.
Our website may be a financial data and news portal, discussion forum
and
content aggregator. Evol Trader isn't a broker/dealer, we are not an
investment advisor, we've got no access to information about publicly
listed companies, and this is not a place for the giving or receiving of
financial advice, advice regarding investment decisions or tax or legal
advice. We don't seem to be regulated by the financial Services
Authority.
We are an educational forum involved in analysing, studying & discussing
general and generic information associated with stocks, investments and
strategies. No content on website constitutes - or should be understood
as constituting - a recommendation to enter in any securities
transactions or to engage in any of the investment strategies given in
our site content. We don't give personalized recommendations or views as
to whether a stock or investment approach is suited to the financial
needs of a particular individual.
Much of the content on this website is user-generated and, as such,
impossible effectively. Excluding the Evol Trader Content and Evol
Trader data, all of the data on our website concerning businesses,
companies, investment strategies, investments and investment
opportunities is provided by our Registered Users and different third
parties. We act as a mere conduit for this data published on our web
site, and we don't choose, monitor, edit, modify review, evaluate or
otherwise manage the information or the publication of the information
on our website.
Much of the content on this website is user-generated and, as such,
impossible effectively. Excluding the Evol Trader Content and Evol
Trader information, all of the data on our website concerning
businesses, companies, investment strategies, investments and investment
opportunities is provided by our Registered Users and completely
different third parties. We act as a mere conduit for this information
published on our website, and that we do not select, monitor, edit,
modify review, evaluate or otherwise manage the information or the
publication of the information on our website.
Our liability is limited and excluded to the maximum extent that is
permissible under applicable law. We will not be liable for any direct
or indirect loss or damage emerging under these Terms, your Use of the
Subscription Service or in connection with the website, whether arising
in tort, contract, or otherwise.
Without limiting the generality of the exclusion of liability above, we
are going to not be accountable for any loss of profit, contracts,
business, goodwill, data, income, revenue or anticipated savings
emerging under these Terms, your Use of the Subscription Service or in
connection with the website, whether direct or indirect, and whether
arising in tort, contract, or otherwise; nor can we tend to be
responsible for any loss or harm arising out of any event that's beyond
our reasonable control.
If, however the limitations of liability in these Terms, we are found to
be liable to you, our liability is restricted in any event or series of
connected eventswill not exceed UK£250, save
as in respect of Subscribers, in relation to which our liability shall
be limited to the Charges paid by the Subscriber in question.
You in agreement to the publication of feedback and comments about you
by
others on the website, you acknowledge that such feedback and comments
may be critical or defamatory, and you agree that you just won't hold us
liable in respect of any such feedback and comments, irrespective of
whether we are aware or ought to have been aware of such feedback and
comments. Nothing in these Terms will exclude or limit our
responsibility for fraud, for death or personal injury caused by our
negligence, or for any other liability which cannot be excluded or
limited under applicable law.
The Website includes links to other websites. These links aren't
recommendations, and are provided for your information solely. We have
no control over the contents of these websites, and accept no
responsibility for them or for any loss or damage that may arise from
your use of them.
Evol Trader and our logo are trademarks belonging to us. We give no
permission for the use of those trademarks, and such use may constitute
an infringement of our rights. The other registered and unregistered
trademarks or service marks on the website are the property of their
respective owners. Unless stated otherwise, we don't endorse and aren't
related to with any of the holders of any such rights and as such we
cannot grant any licence to exercise such rights.
Without prejudice to our different rights underneath these Terms, if you
(including for the dodging of doubt Registered Users and Subscribers)
breach any of those Terms in any means, or if we fairly suspect that you
have violated any of these Terms in any means, we may:
-
Delete, move or edit any of the User Content.
-
Send you one or more formal warnings.
-
Temporarily put stay on your access to the Website and/or the
Subscription Service.
-
Delete your account.
-
Permanently prohibit you from using the website and/or the
Subscription Service.
-
Restrict computers using your IP address from accessing the
Website.
-
Reach out to your internet services provider and request that
they
block your access to the Website and/or.
-
Bring court proceeding against you for violation of contract or
otherwise.
Where we suspend or prohibit or block your access to the website,
part
of the website, and/or the Subscription Service, you must not take
any
action to circumvent such suspension or prohibition or block
(including
without restrain using a different account).
The duration of any Trial Period shall be as specified on the Evol
Trader
Website. The Subscription Service shall be free of charge during any
Trial Period.
Unless you provide Evol Trader with notice to terminate the Subscription
Service prior to the end of the Trial Period (by unsubscribing on the
Website), the Charges provisions shall apply and regulate your ongoing
Use of the Subscription Service.
After the Trial Period expires you shall be liable to pay the Charges of
the subscription. You accept that by providing your Paypal account or
Paytm account you authorize Evol Trader to deduct the Charges (or
instalments of the Charges) using such payment method (as applicable) on
a regular basis and in advance until the you terminate or drop your
subscription to the Subscription Service.
The amount of the Charges shall be as displayed on the Evol Trader
Website and may change from time to time. However, where we bill you for
any upgrade modules, we will solely do so based on your request for
these modules and with your consent to the proposed upgrade pricing.
You may solely have one trial period. should we identify that you have
already made use of a Free trial period with the Subscription Service,
you will immediately be billed for the charges.
Subject to the Trial Period provisions above, in consideration for the
provision of the Evol Trader Subscription Service, Subscribers agree to
pay the Charges applicable to the Data plan which they have opted for as
detailed on the Evol Trader Website and which may be updated from time
to time. Without prejudice to its rights to recover the sums outstanding
from the Subscriber, should Evol Trader not be able to withdraw any part
of the Charges from the Subscriber’s Paypal account and or Paytm , Evol
Trader reserves the right to:
-
Suspend access to the Subscription Service or
-
Terminate this agreement to access the Subscription Service.
At the end of each subscription period, a subscription will continue to
automatically renew at the prevailing fee rate applicable to the Data
plan which has been selected by the Subscriber, unless terminated by us
or until the Subscriber notifies us of their decision to cancel their
subscription to the Services.
Either party may terminate this agreement to access the Subscription
Service, which in the case of the Subscriber may be communicated to Evol
Trader by the Subscriber unsubscribing on the Website. If the Subscriber
terminates this agreement to access the Subscription Service, the
Subscriber shall ensure that it pays Evol Trader all Charges owing up
until the date of termination (including any outstanding interest) and
will be entitled to use the service until the end of that billing
period. The Subscriber shall not be entitled to any refund of charges it
has already paid to Evol Trader.
Under Regulation 10 of the consumer Protection rules 2000, you
might otherwise have the right to cancel the agreement to access the
Subscription Service without charge for seven operating days after the
day this Agreement has been concluded. However, when you with success
complete your order for our Subscription Service, you agree that the
product is immediately available to you (i.e. before the end of that
cancellation period) and that we have therefore immediately commenced
provision of the services for the purposes of the regulations. As the
services are provided at your request, you lose your right to cancel
under the regulations. It is solely on the basis of this understanding
that we are willing to offer you the free Subscription trial period
outlined above.
Any billing assistance are going to be conducted by email
(support(at)evoltrader.com). Our client service centres are going to be
open business days and hours Mon to Fri and closed on weekends.
All of our data subscription offer will remain in "beta" until we
specify
otherwise. From time to time, Evol Trader may also offer you access to
certain new features of the Website as a "beta user". If you use beta
features, you acknowledge that these features may not yet have been
completely bug-tested and may therefore contain significant errors and
issues. You undertake to notify Evol Trader of any bugs you may find,
where possible. You also accept that access to these features may be
withdrawn at any time, without any notice given, if we decided that
these features are to be part of a separate subscription offer or be
terminated completely.
If any provision of those Terms is held invalid or unenforceable by a
court of competent jurisdiction, the remaining provisions of those Terms
will remain in full force and effect, and any such invalid or
unenforceable provisions are deemed omitted. No relinquishing of any
provision of these Terms by us, whether by conduct or otherwise, in any
one or more instances, are deemed to be, or be construed as, a further
or continued relinquishing of that provision or any other provision of
these Terms. These Terms are meant for the benefit of us and our users
and are not intended to benefit, or be enforceable by, any other person.
Any termination, rescission, amendment, variation, waiver or settlement
under these Terms will not be subject to the consent of any third party
and will be solely subject to the decision of Evol Trader.
User Content posted on the website is also maintained by us either
on-line or archived for a period of 10 years. You'll not assign, charge,
sub-contract or otherwise transfer any of your rights or obligations
arising beneath these Terms. Any efforts by you to do so will be null
and void. We may assign, charge, sub-contract or otherwise transfer
these Terms, or any of our rights or obligations arising under these
Terms, at any time. We may change these Terms from time-to-time by
posting a new version of the Terms on the Website. If you're a
Registered User or Subscriber, we might also provide you with notice of
the variation. Your continued use of the website when a variation can
represent your acceptance of the variation.
These Terms constitutes the whole agreement between you and us in regard
to your use of the website, and supersede all previous agreements in
respect of your use of the website. These Terms are governed by and
construed in accordance with English law, and the English courts can have
(subject to the following) exclusive jurisdiction to adjudicate any
disputes. Both you and we irrevocably agree for the benefit of the other
to settle any dispute which may arise out of, under, or in connection
with these Terms or the legal relationship established by them, and for
those purposes we both irrevocably submit all disputes to the
jurisdiction of the English courts.
For the exclusive benefit of Evol Trade, Evol Trader retains the right
to bring proceedings as to the substance of the matter in the courts of
the country of your residence or, where these Terms are, subject to the
financial disclaimer in clause 8 above, entered into in the course of
your trade or profession, the country of your principal place of
business.
The Website is owned and operated by Evol Trader.Our registered office address is at Evol Trader,
Oxford Centre for Innovation, New Road, Oxford, OX1 1BY, United Kingdom.
Our company registration number is 06367267. If you wish to contact us,
please email us via support(at)evoltrader.com,
call us on 01865 261 400, or write to us at this address.
It is advisable for you to print a copy of these Terms for future reference.
We will not file a copy of these Terms specifically in relation to you, and they may not be accessible on the Website in future.
These Terms are available in the English language only. Version 1.7 - 1 May 2012