Terms and Conditions
The following describes the terms and conditions (the "Terms and Conditions") upon which Finik (the "Company" or "We") offer access to this application (the "Application") to you the customer, irrespective of whether or not you are an Account (as defined below) holder (hereinafter "You") and the use of its services provided via the Application (the "Services"). We may provide updates for the Application from time to time including (but not limited to) enhanced functionality, bug fixes, patches, plug-ins and new versions of the Application (the "Updates"). By installing the Application, you give permission for the automatic download and installation of Updates and agree to download and install Updates manually to the extent necessary.
You understand and agree that Finik may discontinue or change the Application at any time, without notice. You also understand and agree that Finik may discontinue or restrict your use of this Application for any reason without notice.
Due to the number of sources from which the content presented on the Application is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the Application.
THE CONTENT AND THE APPLICATION ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. FINIK, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE APPLICATION, OR THE APPLICATION ITSELF, AND FINIK HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES.
IN NO EVENT SHALL FINIK, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY OR TO ANYONE ELSE FOR ANY KIND OF FINANCIAL LOSS, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY OTHER SIMILAR DAMAGE OR ANY OTHER LOSS OR INJURY, RESULTING DIRECTLY OR INDIRECTLY FROM USE OF THE APPLICATION, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE APPLICATION AND ANY CONTENT ON THE APPLICATION.
IN NO EVENT SHALL FINIK, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY OR ANY ONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT ON THE APPLICATION OR THE APPLICATION ITSELF.
Without limiting the foregoing, you understand that laws regarding financial contracts vary throughout the world, and it is solely your obligation to ensure that you fully comply with any law, regulation or directive, applicable to your country of residence with regards to the use of the Application. The ability to use the Application does not necessarily mean that our Services, and/or your activities via the Application, are legal under the laws, regulations or directives applicable to your country of residence.
This Application does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation. Access to this Application, and the offering of financial contracts via this Application, may be restricted in certain jurisdictions, and, accordingly, users accessing this Application are required to inform themselves of, and to observe, such restrictions.
Finik grants you a non-exclusive, non-transferable and limited personal license to access and use the Application (the "License"). This License is conditional on your full and continuing compliance with these Terms and Conditions. You agree not to "deep-link" to the Application, resell or permit access to the Application to others or to copy any materials appearing on the Application for resale or for any other purpose to others without the prior written consent of Finik. You shall be responsible and bound by any unauthorized use of the Application made in breach of this section. You agree not to use any electronic communication feature of the Services for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. The License granted under these Terms and Conditions will terminate if Finik believes that any information provided by you including (but not limited to) your Registration Credentials, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any Terms and Conditions and all rules and guidelines for the Services. Upon such violation, you agree to cease accessing the Application. You agree that Finik, at its sole discretion and with or without notice, may terminate your access to any or all of the Services, and remove and discard any information or content within the Services.
Links to Third Party Sites
This Application contains hyperlinks to web sites operated by persons other than Finik. These hyperlinks are provided for your reference and convenience only. You agree not to hold Finik responsible for the content or operation of such web sites. A hyperlink from this Application to another web site does not imply that Finik endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites you may link to from this Application.
If you wish to make purchases from an area of the Application, you may be asked to supply certain information, including credit card, debit card, or other payment mechanism information.
You agree not to hold Finik liable for any loss or damage of any sort incurred as a result of any such dealings. You agree that all information you provide in connection with such a purchase will be accurate, complete and current. You agree to pay all charges incurred by use of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You will also pay any applicable taxes relating to any purchases you make.
THE LIABILITY OF FINIK, ITS OFFICERS, DIRECTORS OR EMPLOYEES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF MONEY YOU TRANSFERRED TO FINIK IN RELATION TO THE TRANSACTION GIVING RISE TO SUCH LIABILITY.
Use & Access of the Application
You shall be responsible for providing and maintaining the means by which you access the Application, which may include, but is not limited to, a mobile device.
You shall be responsible for all access and service fees necessary to connect to the Application and assume all charges incurred in accessing such systems. You further assume all risks associated with the use and storage of information on your mobile device or on any other device through which you will gain access to the Application and the Services (the "Devices").
You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of access to your Devices, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
You agree that Finik will not be liable in any way to you in the event of failure of or damage or destruction to your Devices, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or Devices equipment or software.
You will not transmit to or in any way, whether directly or indirectly, expose Finik or any of Finik's online service providers to any computer virus or other similarly harmful or inappropriate material or device.
FINIK reserves the right to suspend the operation of this Application or any part or sections of it at any time and no claims may be made against the Company in connection thereto.
You agree that Finik will not be liable in any way to you or to any other person in the event of force majeure, or for the act of any Government or legal authority, or for the failure of or damage or destruction to its computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
The parties shall be released of all responsibilities for partial, full or non-fulfillment, as well as for improper fulfillment of the obligations under these Terms and Conditions, if such non-fulfillment or improper fulfillment was a result of extraordinary events, which occurred after these Terms and Conditions were concluded and which the party could not either foresee or prevent (natural calamities, wars, armed conflicts etc.).
You understand that technical problems or other conditions may delay or prevent you from accessing the Application.
Finik shall not be liable, and you agree not to hold or seek to hold Finik or any of its agents or service providers liable, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
Finik does not represent, warrant or guarantee that you will be able to access or use the Application at times or locations of your choosing, or that FINIK will have adequate capacity for the Application as a whole or in any geographic location.
Finik does not represent, warrant or guarantee that the Application will provide uninterrupted and error-free service. Finik does not make any warranties or guarantees with respect to the Application and its content, including but not limited to, warranties for merchantability or fitness for a particular purpose.
Without limiting the foregoing Finik will not be responsible for an impossibility to execute orders and requirements due to failures in the operation of informational systems caused by technical faults, which are beyond its control.
Trademarks and Copyrights
All content, trademarks, services marks, trade names, logos and icons are the property of Finik or its affiliates or agents and are protected by copyright laws and international treaties and provisions.,/
You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Application. You will not obtain any intellectual property rights or any right or license to use such materials or the Application, other than as set out in these Terms and Conditions.
Images displayed on the Application are either the property of Finik or used with permission. You agree not to 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 and the prior written consent of Finik.
Nothing contained on the Application shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of Finik or such third party that may own the trademarks. Your use of the trademarks, or any other content of the Application, except as provided herein, is strictly prohibited.
You agree to fully indemnify, defend and hold harmless Finik, its corporate affiliates and their respective officers, directors and employees immediately upon demand from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and other charges whatsoever, howsoever caused, that may arise as a result of: (i) any breach of these Terms and Conditions by you; and/or (ii) violation by you of any law or the rights of any third party.
Without prejudice to any other rights in these Terms and Conditions, if you breach in whole or in part any provision contained herein, Finik or any of its corporate affiliates which provides Services to you reserves the right to take such action as it sees fit, including (but not limited to) terminating the Terms and Conditions or any other agreement in place with you, terminating or blocking the Services and/or taking legal action against you.
Governing Law and Court Jurisdiction
These Terms and Conditions shall be governed by the laws of the British Virgin Islands ("BVI"), without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Finik anywhere else in the world.
If any part of these Terms and Conditions are held unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Exclusive Court Jurisdiction: You agree to submit to the personal and exclusive jurisdiction of the courts located within the BVI to settle any dispute, which may arise in relation thereto.
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.
2. Grant of Copyright License.
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent License.
Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
You must give any other recipients of the Work or Derivative Works a copy of this License; and
You must cause any modified files to carry prominent notices stating that You changed the files; and
You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
5. Submission of Contributions.
Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty.
Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
8. Limitation of Liability.
In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability.
While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.
Consent to use Information
What Information Do We Collect?
We collect two types of data and information from you:
(1) Non-Personal Information – We retain some non-personally identifiable information ("Non-Personal Information"), such as your approximate geo-location, your web request, browser type, browser language, web pages you visit before or after visiting our Website or using the App, URLs, platform type, click numbers, landing pages, viewed pages and the order of those pages and time spent on pages. This information is collected and retained for security reasons and so that we can audit and statistically track usage, audit our affiliates, and calculate payments to third parties.
Web Beacons - We also use a software technology called "clear gifs" (also known as Web Beacons). Web Beacons are small pieces of code placed on a website to monitor the behavior and collect data about the visitors viewing a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a "cookie" to the browser of a visitor viewing that page.
(2) Personal Information - "Personal Information" is information that may be of a private or sensitive nature, including your name, gender, phone number, e-mail address or mailing address, and IP address.
We collect the following Personal Information from you when you create an account ("Account") on the Website which is required to access certain parts of the Service: your full name, email address, password, and phone number.
As an alternative, you are also able to create an Account using your credentials with a designated third party website or service such as Facebook, Google+ or Twitter ("Third Party Account"). Doing so will enable you to login to your Account via your Third Party Account. If you choose this option, a Third Party Account pop-up box will appear at the time of creating your Account which you will need to approve in order to proceed with the Account opening, and which will describe the types of information that we will obtain from and the types of activities that we may perform in connection with your Third Party Account. Such information may include (but not be limited to) your Personal Information stored on this Third Party Account, such as your user name, email address, profile picture, gender, date of birth and any other information which you have chosen to make profile on such Third Party Account. Please note that once your Account has been opened, the Personal Information we have access to via a Third Party Account is also dependent on your individual privacy settings in such Third Party Account and any privacy policies which are maintained by the providers of such Third Party Accounts.
We treat any Non-Personal Information which is specifically connected or linked to any Personal Information as Personal Information.
What is the Purpose of Collecting this Information?
We collect the information outlined above in order to provide you with a better service. Non-Personal Information is collected for research and statistical purposes, to enable us to develop, customize and improve the Service, based on your preferences, usage and interactions with the Service, to process your requests for information, and to provide you with the most relevant services and offers.
In addition to the above, your Personal Information allows us to provide you with technical assistance and support.
Who Else Receives this Information?
We may share or transfer information, including Personal Information, internally within our group of companies.
We also share Personal and Non-Personal Information with third parties, when this is required in order to provide, maintain or improve our services and operation. This is the case with third party advertisements and affiliates; we share your information with third parties for the purpose of providing you with advertisements and offers we or third parties think you may be interested in.
We share your Personal and Non-Personal Information with (i) third parties which provide services to the Company in order to allow or enable us to provide you with our Service, including email services providers and data verifiers; (ii) third parties who provide the Company services in relation to the operation of the Website; (iii) any auditors, contractors or other advisers auditing any of the Company’s business processes; and (iv) any potential purchasers or investors in the Company.
Any processing performed by any of our third party service providers ("Recipients") will, where required by law, be governed by a data processing agreement in the form required by law, preserving any and all of your statutory data protection rights and obligating the Recipients to respect the Personal Information and handle it in accordance with the relevant laws. The Recipients are required to maintain the confidentiality of such information and to use your Personal Information only in the course of providing the aforementioned services and only for the purposes that Finik dictates.
We may share your full name, email address and phone number with certain broker(s) (the "Broker") in the event that you have granted permission to receive promotional materials from such Broker at the time of registration.
The Broker may periodically use your full name, email address and phone number for the purpose of providing you with promotional materials if your permission was granted at the time of registration and you have not unsubscribed at a later time in accordance with the provisions hereof.
Please note that in order to send you promotional materials, the Broker may assign you with a username and password which will allow you access to the Broker's site through an account.
may contact the Broker at any time to remove the account.
Use of Information
Right of Access, Rectification, Cancellation and Objection
You have the right to access, correct, update or object to the use of your Personal Information by making a written request to Finik by using our Contact Us page. Your requests will be dealt with in a prompt and professional manner.
Security and Confidentiality
The Company treats your Personal Information in strict confidentiality, and the server in which this data is to be stored includes the necessary industry-standard security measures to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access. However, we cannot completely guarantee the security of your information, which might be accessed, disclosed, modified, or destroyed, and it should be emphasized that you share this information at your own risk.
Links to Other Websites
We may transfer or assign your information, without any notice, and without a need to receive your consent, to any third party as a result of change of control, consolidation, merger, acquisition or reorganization. You acknowledge that in the event of bankruptcy, insolvency or receivership, we may have no control over the use and transfer of your Personal Information.
Updates to this Policy