Please read these Terms of Use and the Content Guidelines (together, the
"Terms") carefully, as they set out our and your legal rights and
obligations in relation to the use of our Website and any of the services
available through it. If you do not agree to these Terms, you must not use
our Website regardless of whether or not you are a Registered User. If you
register with our Website, we will ask you to expressly agree to these
Terms but, in the absence of registration, your decision to continue use of
this Website represents implicit acceptance of these Terms. Before
accessing certain third party material on the Website, you may also be
asked to give your express agreement to specific disclaimers in relation to
that third party material.
(1) Definitions
In these Terms:
“Charges” means the subscription charges payable to FortunePRO by the
Subscriber in respect of the Subscription Services;
"Content Guidelines" means the guidelines for 'forum ', 'posting ' and
'article ' posted on our Website 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, moral rights,
registered and unregistered trademarks, patents, design rights and database
rights);
"Registered User" means a person who has created an account with the
Website;
"FortunePRO Content" means any articles found in this website;
“Subscription Service” means one of the paid services available for FortunePRO EOD or Intra;
“Subscriber” means a Registered User who has subscribed to a Subscription
Service;
“Third Party Content” means financial news, articles, advertising and/or
other content (including without limitation video, textual, graphic,
photographic, audio and audio-visual content) that is published on the
Website, but is provided by third parties (for example content sourced from
external publishers including news organisations and research houses),
"Trial Period" means a period during which the Subscriber can access a
Subscription Service without paying the Charges;
"Use" means any use whatsoever and includes, without limitation, viewing,
storing, reproducing, displaying, publishing, distributing, broadcasting
and/or creating derivative works;
"User 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; and
"Website" means the website at www.FortunePRO.in or any successor site
operated by us from time to time.
References in these Terms to "we" or "us" mean Paradise Software Lab India Pvt LTD; and
references in these Terms to "you" mean the person using the Website or
holding a Registered User account with the Website.
(2) Licence
We or our licensors own the Intellectual Property Rights in the Website and
material on the Website including the downloaded software for this website. You may view, download for caching purposes only,
and print material from the Website, in each case for personal use only,
and subject to the restrictions set out below. Save to the extent that you
own (or are properly licensed by a third party to exercise) the relevant
rights, you must not: (a) republish or redistribute material from the
Website (including republication or redistribution on another website or in
any other format); (b) sell, rent or sub-license material from the Website;
(c) edit or otherwise modify 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 activities in relation to any material
obtained from the Website; or (e) show (whether for commercial purposes or
not) any material from the Website in public. You must not use any material
from the Website for any improper or unlawful purpose or conduct any
scraping, data mining or automated data collection in relation to the
Website. You must not use the Website in any way that causes, or may cause,
damage to the Website or impairment of the availability or accessibility of
the Website, or in any way which is unlawful, illegal, fraudulent or
harmful, or in connection with any unlawful, illegal, fraudulent or harmful
purpose or activity.
You may only Use the Website if you are at least 18 years of age.
(3) Restricted access
Access to certain areas of the Website is restricted to Registered Users
and may be further restricted to Subscribers. We reserve the right to
restrict access to other areas of the Website, or indeed the whole Website,
at our discretion. You must not use the login details or password of any
other person to access restricted areas of the Website.
(4) Registered Users & Subscribers
In order to become a Registered User, you must create an account using the
Website interface, and click on the activation link in the email that we
will send to you. Registered Users gain access to additional services and
restricted areas on the Website, which may include: (i) the ability to
submit and edit articles on the Website; (ii) the ability to subscribe to
our services; (iii) the ability to submit posts to our Website forums and
to rate others' posts; (iv) access to our Website-based messaging system; (v)
in the case of Subscribers only, access to the Subscription Service
Registered Users must not allow any other person to use their user ID and
password, and they must ensure that that user ID and password are kept
confidential. Registered Users accept responsibility for all activities
that occur under or in relation to their user ID and password. Upon our
request, Registered Users and will provide to us proof of their identity
and/or age.
We may also be required by law or regulation to identify Registered Users
and disclose their details to a third party including the relevant legal or
regulatory authority if requested by them to do so.
We may alter or restrict 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 explanation.
(5) User Content
You grant to us for the full term of copyright (including any extensions,
renewals, restorations, revivals and reversions) a non-exclusive
royalty-free irrevocable licence to Use the User Content that you submit to
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 relation to
the Website, any other website and any other media available now or at any
time in future. You grant to us the right to sub-license 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 submit
to the Website in accordance with these Terms.
You must ensure that your User Content, and the Use of that User Content in
accordance with these Terms, does not constitute:
(a) a financial promotion, an advertisement for any particular investment
or investment business, or an invitation or inducement to engage in
investment activity;
(b) investment advice, or advice to an investor or potential investor (or
an agent for such a person) on the merits of buying, selling, subscribing
for or underwriting a particular security or contractually-based investment
or exercising any right conferred by such an investment to buy, sell,
subscribe for or underwrite such an investment;
(c) the making 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 kind 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
(d) any financial service or activity regulated or controlled by or
pursuant to the Financial Services and Markets Act 2000 or the Financial
Services and Markets Act 2000 (Financial Promotions) Order 2005 or any
other applicable law.
You also agree to disclose any material interest you or your associates may
have when making contributions to your User Content. The restrictions above
do not, of course, prevent you posting general and generic financial
information on the Website to the extent that they do not constitute
carrying on regulated investment or the communication of a financial
promotion under the Financial Services and Markets Act 2000.
You must ensure that your User Content, material linked to by the User
Content, and the Use of User Content in accordance with these Terms:
(a) does not infringe any third party's rights (including without
limitation Intellectual Property Rights, rights of
confidence and rights of privacy);
(b) does not give rise to any cause of action in any jurisdiction, whether
against us, you or a third party;
(c) does not violate any law, statute, ordinance, regulation, legally
binding code or market conventions in any jurisdiction (including, without
limit, financial services regulations) whether in the United Kingdom or
elsewhere;
(e) is not pornographic or sexually explicit;
(f) does not duplicate or substantially duplicate User Content previously
published on the Website;
(g) is not threatening, abusive, harassing, menacing or contrary to the
principles of internet etiquette;
(h) does not constitute spam or marketing material (any promotional
activity should only take place through your Profile, as discussed here
[insert link]); and;
(g) does not contain any viruses, Trojan horses, worms, time bombs or other
computer programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data
or personal information.
You undertake to keep yourself informed as to the contents of the Content
Guidelines and to ensure that your User Content and your user behaviour is
in line with the Content Guidelines. We do not undertake to monitor your
use of the Website or the posting of User Content by you or any third party
on the Website. Nor do we warrant that the Users of the Website have
adhered to these Terms, although we use reasonable endeavours to remove
User Content which breaches these Terms after it has been brought to our
attention. If you become aware of any User Content on the Website which
breaches these Terms, you should notify us of that content immediately. You
acknowledge that we may edit, delete and/or move User Content without
notice or explanation.
(6) Third Party Content
Subject to the FortunePRO warranties in Section 7 below, we do not
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, although we use reasonable endeavours to remove Third Party Content
which breaches these Terms after it has been brought to our attention. If
you become aware of any Third Party Content on the Website which breaches
these Terms, you should notify us of that content immediately.
(7) Our warranties
You acknowledge that the Website and the material on the Website may be
changed from time to time without notice. As we provide FortunePRO 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
FortunePRO Data as part of a paid Subscription Service, we warrant the we
will take reasonable care in respect of ensuring the accuracy of that
FortunePRO Data (by ensuring 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 FortunePRO 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, FortunePRO is not authorised to give
investment advice and nothing on the Website should be interpreted as
FortunePRO seeking to offer such advice. FortunePRO Content, FortunePRO
Data, User Content and/or relevant Third Party Content is provided ‘as is’
and may contain errors or inaccuracies. You should seek confirmation from
an authoritative third party source of any information found on the Website
upon which you may wish to rely. Use of FortunePRO Content, FortunePRO
Data, User Content and/or Third Party Content is solely at the Subscriber’s
risk.
Subscriber acknowledges that the use and interpretation of the FortunePRO
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 solely responsible for the purposes for
which it is used and for all opinions, recommendations, forecasts and other
comments made or action taken by Subscribers based wholly or partly on the
FortunePRO Data and/or data analysis tools.
FortunePRO’s Subscription Service includes access to pre-defined investor
screens based on the work of famous investors. All the screens are based on
set quantitative criteria, which are taken either from research papers or
from the writings of investing gurus. However, please note that the
screening criteria used may represent FortunePRO'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 further research, not as a buy
list or as a set of recommendations.
These tools are intended purely as an educational tool to test
the performance of different investment approaches in the stock market. Our
performance tracking ignores the impact of factors such as 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:
(a) we do not warrant the completeness, veracity, bona fides or accuracy of
the material on the Website; nor do we commit to ensuring that the Website
remains available or that the material on the Website is kept
up-to-date;
(b) we do not grant to you any warranties or make any representations
relating to 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.
(8) Indemnity
You will indemnify us and keep us indemnified against any loss, damage,
expense, cost or liability incurred or suffered by us arising out of any
breach by you of any of these Terms, or arising out of any claim that you
have breached any of these Terms.
(9) Financial disclaimer
Our Website is a financial data and news portal, discussion forum and
content aggregator. FortunePRO is not a broker/dealer, we are not an
investment advisor, we have no access to non-public information about
publicly traded companies, and this is not a place for the giving or
receiving of financial advice, advice concerning investment decisions or
tax or legal advice. We are not regulated by the Financial Services
Authority.
We are an educational tool developers for analysing, learning & discussing
general and generic information related to stocks, investments and
strategies. No content on the site constitutes - or should be understood as
constituting - a recommendation to enter in any securities transactions or
to engage in any of the investment strategies presented in our site
content. We do not provide personalised recommendations or views as to
whether a stock or investment approach is suited to the financial needs of
a specific individual.
FortunePRO Content and FortunePRO Data is intended to be used and must be
used for informational purposes only. It is very important to do your own
analysis before making any investment based on your own personal
circumstances. You should take professional financial advice in connection
with, or independently research and verify, any information that you find
on our Website and wish to rely upon, whether for the purpose of making an
investment decision or otherwise. Any arrangements between you and any
third party contacted via the Website are at your sole risk.
Accordingly, we will not be liable, whether in contract, tort (including
negligence) or otherwise, in respect of any damage, expense or other loss
you may suffer arising out of such information or any reliance you may
place upon such information.
Our Website is directed only to indian residents. For the avoidance of doubt,
the Website is not being offered in any other country. Nothing on this Website or any part thereof is intended
to constitute an offer or solicitation to buy or sell investments in any
jurisdiction.
We do not therefore warrant that our Website complies with the applicable
laws or regulations of any particular jurisdiction outside the India.
Accordingly, if it is prohibited to make information provided on this
Website or any part thereof available in your jurisdiction or to you (by
reason of nationality, residence or otherwise) the Website or any part
thereof is not directed at you.
You accept that if you are resident outside the India, you must satisfy
yourself that you are lawfully able to access our Website and, in
particular, able to lawfully receive any document which contains links or
allows you access to other websites in the country from where you are
accessing the User Content, Third Party Content and/or FortunePRO
Content.
We do not accept any liability for any costs, losses or damages resulting
from, or related to, the availability or content of the Website to persons
in jurisdictions outside the India or to persons who are nominees of or
trustees for citizens, resident or nationals of other countries.
We would like to draw your attention to the following important investment
warnings: i) the value of shares and investments and the income derived
from them can go down as well as up; ii) investors may not get back the
amount they invested; and iii) past performance is not necessarily a guide
to future performance.
(10) General disclaimer
Our liability is limited and excluded to the maximum extent permitted under
applicable law. We will not be liable for any direct or indirect loss or
damage arising 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
will not be liable for any loss of profit, contracts, business, goodwill,
data, income, revenue or anticipated savings arising 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 will we be liable for any loss or damage arising out of any
event that is beyond our reasonable control.
If, notwithstanding the limitations of liability in these Terms, we are
found to be liable to you, our liability is limited in relation to any
event or series of related events will 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 agreed 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 will not 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 liability 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.
(11) Third party websites
The Website includes links to other websites. These links are not
recommendations, and are provided for your information only. We have no
control over the contents of those websites, and accept no responsibility
for them or for any loss or damage that may arise from your use of
them.
(12) Trade marks
FortunePRO and our logo are trademarks belonging to us. We give no
permission for the use of these 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 do not endorse and are not
affiliated with any of the holders of any such rights and as such we cannot
grant any licence to exercise such rights.
(13) Term & Termination
Without prejudice to our other rights under these Terms, if you (including
for the avoidance of doubt Registered Users and Subscribers) breach any of
these Terms in any way, or if we reasonably suspect that you have breached
any of these Terms in any way, we may: (a) delete, move or edit any of your
User Content;
(b) send you one or more formal warnings;
(c) temporarily suspend your access to the Website and/or the Subscription
Service;
(d) delete your account;
(e) permanently prohibit you from using the Website and/or the Subscription
Service;
(f) block computers using your IP address from accessing the Website;
(g) contact your internet services provider and request that they block
your access to the Website; and/or
(h) bring court proceeding against you for breach 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
limitation using a different account).
(14) Subscription Trial Period
The duration of any Trial Period shall be as specified on the Website. Use
of the Subscription Service shall be free of charge during the Trial
Period..
After the Trial Period expires you can either subscribe or discontinue the services
The amount of the Charges shall be as displayed on the Website and may
change from time to time. However, where
we bill you for any upgrade modules, we will only do so based on your
request for these modules and with your consent to the proposed upgrade
pricing.
You may only have one Trial Period. Should we identify that you have
already made use of a Free Trial Period with the Subscription Service, the services will be terminated.
(15) Charges
Subject to the Trial Period provisions above, in consideration for the
provision of the Subscription Service, Subscribers agree to pay the Charges
applicable
to the Data plan which they have selectedas
detailed on the Website and updated from time to time.
Without prejudice to its rights to recover the sums outstanding from the
Subscriber, should FortunePRO not be able to withdraw any part of the
Charges from the Subscriber’s account or credit or debit card,
FortunePRO reserves the right to:
1) suspend access to the Subscription Service; or
2) terminate this agreement to access the Subscription Service.
(16) Cancellation
Either party may terminate this agreement to access the Subscription
Service, which in the case of the Subscriber may be communicated to
FortunePRO 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 FortunePRO 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 FortunePRO.
(17) Cooling Off Period
Under Regulation 10 of the Consumer Protection Regulations 2000, you might
otherwise have the right to cancel the agreement to access the Subscription
Service without charge for seven working days after the day this Agreement
has been concluded. However, when you successfully 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 only on the
basis of this understanding that we are willing to offer you the free
Subscription Trial Period outlined above.
Any Billing Assistance will be conducted by email (support [at]
FortunePRO.in). Our customer service centre will be open business days
and hours Monday to Friday and closed on weekends.
(19) General
If any provision of these Terms is held invalid or unenforceable by a court
of competent jurisdiction, the remaining provisions of these Terms will
remain in full force and effect, and any such invalid or unenforceable
provisions will be deemed omitted.No waiver of any provision of these Terms
by us, whether by conduct or otherwise, in any one or more instances, will
be deemed to be, or be construed as, a further or continuing waiver of that
provision or any other provision of these Terms.These Terms are 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.
User Content posted on the Website may be retained by us either on-line or
archived for a period of ten years. You may not assign, charge,
sub-contract or otherwise transfer any of your rights or obligations
arising under these Terms. Any attempt 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 vary these Terms from time-to-time by posting a new
version of the Terms on the Website. If you are a Registered User or
Subscriber, we may also give you notice of the variation. Your continued
use of the Website after a variation will constitute your acceptance of the
variation.
These Terms constitutes the entire agreement between you and us in relation
to your use of the Website, and supersede all previous agreements in
respect of your use of the Website. These Terms will be governed by and
construed in accordance with English law, and the English courts will have
(subject to the following) exclusive jurisdiction to adjudicate any
disputes arising out of or relating to these Terms. 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 FortunePRO, FortunePRO 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.
(20) Information
The Website is owned and operated by Paradise Software Lab India PVT LTD. Our registered office
If you wish to contact us, please email us via support [at]
FortunePRO.in, call us on +91-8939887700 ,
or write to us at this address.
You should 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
1.0 - 1 June 2014