1.1. This agreement applies to and between you, the User of this Website and Finotive Funding Kft (www.finotivefunding.com), a part of the Finotive Group Kft with a registered office 1054 Budapest, Honvéd utca 8.1.em. Hungary, (Identification No.: 01-09-384153), registered in the IGAZSÁGÜGYI MINISZTÉRIUM CÉGINFORMÁCIÓS ÉS AZ ELEKTRONIKUS CÉGELJÁRÁSBAN KÖZREMŰKÖDŐ SZOLGÁLAT. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website and our service. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using this website and service operated by Finotive Funding Kft ("us", "we", or "our").
1.2. In this Agreement “you” and “your” refer to users and prospective users of our website, “we”, “company”, “us” and “our” refer to Finotive Funding Kft and “Service” refers to the services provided by us. “Parties” and “Party” refers to both users and ourselves, or either the user or ourself respectively. All terms refer to the offer, acceptance and consideration necessary to undertake the process of our assistance to our customers in the most appropriate manner, for the express purpose of meeting the customer’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing laws. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1.3. Any and all use of our services is subject to this Agreement, which may be updated by us from time to time without prior notice to users of our website and/or service. Any change of terms shall be binding and effective upon posting of the revised Agreement on our website. In addition to this Agreement, specific services or information contained within this website may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement. 1.4. By using www.finotivefunding.com (the “Site”) or any of our services (“Services”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations.
2.1 This Site is offered and available to users who are 18 years of age or older. By agreeing to these Terms and using our service, you represent that you are of legal age to use the website.
2.2 This age restriction may differ from country to country. By using this Site and our application, you represent and warrant that you are of legal age within your jurisdiction or country to form a binding contract and meet all of the foregoing eligibility requirements.
3.1 It is unlawful to try and gain unauthorised access to this site, its servers, or any computer or database connected to this Site. You must not attack this site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you will be committing a criminal offence. In the event of such a breach, your right to use this Site will cease immediately. We will report any such breach to the relevant law enforcement authorities.
3.2 We will not be liable for any loss or damage caused by a distributed denial-of- service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on them, or on any website linked to them.
4.1 The Finotive Funding Kft website (www.finotivefunding.com) provides a platform and tools for simulated foreign exchange trading on the FOREX market or trading with other instruments on other financial markets. The website also provides access to applications made available by Finotive Funding Kft and other third parties. The stimulated training can be used by users as an educational tool or as an ancillary service.
4.2 Our Services and Platform are CURRENTLY available as a simulator and not a real live trading platform. We assume no responsibility or liability in connection with any attempt to use your Account for reasons we do not support (including trying to trade real live accounts).
4.3 You acknowledge that any trading that you perform through the Service is not real. Funds provided to you during Phase 1 and Phase 2 are simply for trading on a demo trading account and you have no right beyond the scope of their use within our service. You are not entitled to those funds and they will not be used for real live trading. Unless expressly agreed otherwise and in conjunction with our Funded Trader Agreement, you will not be paid any remuneration or profits based on the results of your simulated trading, nor will you be required to pay any losses.
4.4 Our services for FX, Metals, Commodities, Indices and CRYPTO are all only quoted 24/5. Although you can hold positions over the weekend we offer no pricing, thus meaning you cannot open, close or modify any positions from Friday market close until Sunday market open.
4.5 Due to the fact we are trading on live servers however non execute, all trading experience will be that of live conditions. This means you may experience positive or negative slippage. If you are holding positions over the unquoted weekend period positive or negative slippage may occur and be significate.
5.1 To process an order for the service, simply complete the registration or order form available on the website. Once you have completed registration, we will send an email to the email address you have provided while registering for an account on the website.
5.2 The email received from us should contain login details to your account and access to our simulated trading platform. You can control your account details through the user login interface available on the website.
5.3 The order of our service grants you access to our Finotive Funding challenge (Phase 1), if successful you will also be granted access to our verification stage (Phase 2).
6.1 After selecting your option for the Finotive Funding Challenge and paying the required fees, you will receive the login details to our simulated trading platform through the email address you have provided to us when creating your account.
6.2 Your challenge is activated on the day you purchase your account. Once you open the demo trade and start trading on it, a contract is formed between you and Finotive Funding Kft and you will not be entitled to a refund thereafter.
6.3 If you do not open your Finotive Funding Challenge or open a demo trade after 30 days of Finotive Funding Kft sending your login details, we reserve the right to suspend and terminate our service without owing any refund to you. If successful to the Verification stage you must have opened your first demo trade within 30 days of moving to the Verification account otherwise we reserve the right to suspend and terminate our service without owing any refund to you.
6.4 The Finotive Funding Challenge last for 30 days after activation. The Finotive Funding Verifaction last for 60 days after activation.
6.5 For a user to qualify for the Finotive Funding Challenge Phase (1), the user must meet the following conditions by the end of the activation period for the Finotive Funding Challenge:
a) The user must have opened at least one (1) demo trade on account after activating the Finotive Funding Challenge for at least twelve (12) different calendar days;
b) The user must at no time during the Finotive Funding challenge suffered a daily loss of more than 5% on any opened or closed demo transactions or suffer a loss that exceeds more than 10% of the initial capital on any opened or closed transaction;
c) The user reported during the Finotive Funding challenge a total profit on all closed demo trades amounting to 9% of the initial capital;
d) No day during the Finotive Funding challenge did the user report a loss on any closed or opened demo trades which is more than 5% of the initial capital.
*** Initial capital shall mean the fictitious amount that the user has chosen when selecting the option of the Finotive Funding Challenge in order to trade on the demo trading platform.
6.6 If the user does not meet the criteria under clause 6.5, the Finotive Funding Challenge will be regarded as unsuccessful, and the user will not be recommended as a candidate for the Finotive Funding Verification phase.
6.7 If a user meets the criteria under clause 6.5 without violating other terms herein this Agreement, Finotive Funding Kft will confirm the user’s Finotive Funding Challenge performance as successful with a verification sent to the user. For a user to pass the Finotive Funding Verification (Phase 2), the user must meet the following conditions by the end of the activation period for the Finotive Funding Verification:
a) The user must have opened at least one (1) demo trade on account after activating the Finotive Funding Verification for at least twelve (12) different calendar days;
b) The user must at no time during the Finotive Funding Verification suffered a daily loss of more than 5% on any opened or closed demo transactions or suffer a loss that exceeds more than 10% of the initial capital on any opened or closed transaction;
c) The user reported during the Finotive Funding Verification a total profit on all closed demo trades amounting to 7.5% of the initial capital;
d) No day during the Finotive Funding Verifaction did the user report a loss on any closed or opened demo trades which is more than 5% of the initial capital.
e) If a user finishes the Verification stage after 60 days in profit without violating any of the drawdown criteria however does not meet the minimum profit target the user will receive a new Phase 1 Challenge account for the same demo balance free of charge to repeat the attempt.
6.8 If a user meets the criteria under clause 6.7 without violating other terms herein this Agreement, Finotive Funding Kft will confirm the user’s Finotive Funding Verification performance as successful with a verification sent to the user. The User will be recommended as a candidate for the Finotive Funded Trader program. A user may request the evaluation of the Finotive Funding Verification used in making verification by sending an email to [email protected] or by simply login into their account. The evaluation and verification of the Finotive Funding Verification will not occur until all trades have been closed.
6.9 If the user does not meet the criteria under clause 6.7, the Finotive Funding Verification will be regarded as unsuccessful, and the user will not be recommended as a candidate for the Finotive Funded Trader program and access will be restricted and the user would have failed Phase 2, the user would not be entitled to any refund.
6.10 The user agrees and understands that the Finotive Funded Trader program is performed independently by a third-party. A recommendation by Finotive Funding Kft does not guarantee the user will be accepted on the program. The user may be required to fulfil other obligations outside those specified herein this Agreement by the third party. Should the user be accepted by the third-party for the Finotive Funded Trader Program, they may be required to sign a contract with such a third party. The user understands and agrees that the contract is strictly between them and such third-party and Finotive Funding Kft shall be held harmless for any damage or losses suffered by the user from entering into such contract with the third-party.
6.11 Finotive Funding Kft reserves the right to change the conditions for the success of the Finotive Funding challenge at any time. This will not affect previous orders for the Finotive Funding challenge.
6.12 If we discover at a later date that you have breached any term of this agreement (even after you have been accepted to the Finotive Funded Trader Program), we reserve the right to pull you out of the program and terminate our services to you. In the event this happens, you will not be entitled to a refund.
6.13 The option selected for the Finotive Funding challenge will determine subsequent verifications. Thus, if a user is successful at the Finotive Funding Challenge, the same conditions/parameters applicable prior to the success of the Finotive Funding challenge will apply after verification including the user choice of options and currency. Once a user selects an option and currency of payment, it might prove impossible to change it except as may be stated or accepted herein this Agreement.
7.1 The fee for the Finotive Funding Challenge varies on the option a user selects (and other factors such as the amount of the initial capital, the conditions to be fulfilled for the Finotive Funding challenge etc.) when completing the registration/order form. Below are available options and their fees for the Finotive Funding Challenge and Verification:
PRICELIST OF FEES FOR FINOTIVE FUNDING CHALLENGES
– USD 60 for the Finotive Funding Challenge with an initial capital USD 2,500
– USD 100 for the Finotive Funding Challenge with an initial capital USD 5,000
– USD 175 for the Finotive Funding Challenge with an initial capital USD 10,000
– USD 300 for the Finotive Funding Challenge with an initial capital USD 25,000
– USD 400 for the Finotive Funding Challenge with an initial capital USD 50,000
– USD 625 for the Finotive Funding Challenge with an initial capital USD 100,000
– USD 1,100 for the Finotive Funding Challenge with an initial capital USD 200,000
OPTIONS OF FINOTIVE FUNDING CHALLENGES AND VERIFICATIONS
– Finotive Funding Challenge or Verification with an initial capital of USD 2,500
– Finotive Funding Challenge or Verification with an initial capital of USD 5,000
– Finotive Funding Challenge or Verification with an initial capital of USD 10,000
– Finotive Funding Challenge or Verification with an initial capital of USD 25,000
– Finotive Funding Challenge or Verification with an initial capital of USD 50,000
– Finotive Funding Challenge or Verification with an initial capital of USD 100,000
– Finotive Funding Challenge or Verification with an initial capital of USD 200,000
7.2 Notwithstanding the foregoing under clause 7.1, we reserve the right to provide our service on different conditions to any individual or legal entity at our sole discretion. Prices/fees are not fixed and may be subject to change at any time without any reference to you. Any change in prices/fees only affect future orders. We may offer a discount or promo/vouchers from time to time, but this is subject to change and shall be at our sole discretion. Once the promo or discount/voucher ends, you will be charged the standard price for the product. We have the right to end this discount or promo at any time without any reference to you.
7.3 Payment of fees is always accepted in United States Dollars (USD). If payment is made using currencies not available on the website, the user agrees that such payment will be subject to the market exchange rate at the time of payment.
7.4 Payment can be made using your credit/debit card or other means available through the website. Payment made via debit/credit cards is taken out immediately. If the user opts for a bank transfer, a pro forma invoice will be sent to the user’s email. Payment must be made within the specified time in the pro forma invoice, or the order will be cancelled. The user agrees to pay all charges incurred in paying the fees through the user’s selected payment service provider. The user agrees to make payment in full as quoted by Finotive Funding Kft.
7.5 You may be asked to supply certain information relevant during payment. This may include, without limitation, your name, your phone number, house address, email address, billing address, card details and any such information needed by us for you to complete payments.
7.6 Service charges are inclusive of all taxes. If a user is a legal entity or a trader, it is his/her responsibility to pay all required taxes in relation to using the service.
8.1 Payments made on this website are final with no recourse to a refund. Fees paid on the website is for access to the Funotive Funding challenge or services provided under it.
8.2 Notwithstanding the foregoing under clause 8.1, a user may request a cancellation for the service or withdraw from the contract within 14 days of placing an order without giving a reason. The user must send an email to [email protected] to complete the withdrawal from the contract and cancel the order. Once we have received the email, we will send a confirmation and process a refund. Refunds will be made to the original payment method used by the user in placing the order. PLEASE NOTE THAT CANCELLATION AND REFUNDS UNDER THIS CLAUSE ARE NOT AVAILABLE IF A USER HAS MADE A TRADE ON THEIR ACCOUNT WITHIN THE 14 DAYS STATED UNDER THIS CLAUSE. SHOULD THE USER PLACE A TRADE ON THEIR ACCOUNT WITHIN 14 DAYS OF MAKING AN ORDER, THE USER SHALL NOT BE ENTITLED TO A REFUND UNDER THIS CLAUSE.
8.3 If a user chooses to cancel their account after trading on it or fails to meet the conditions of the Finotive Funding Challenge after completion or verification or violating any terms of this Agreement, then the user will not be entitled to a refund even if the order or contract is cancelled.
8.4 In the event of a defective service, where we have been unable to deliver the services as promised, you must notify us immediately of such defective service. Once we have been informed, we will within 30 days of receiving the complaint try and remedy the defective service. If we are unable to remedy the defective service after the said 30 days, you may choose to withdraw from the contract by sending an email to [email protected] or claim a reasonable discount. If you choose to withdraw from the contract, we will provide a refund of any fees already paid.
8.5 You must not unjustifiably dispute a fee or payment you made either through a chargeback, dispute services or other similar methods. If you make such illegitimate claim for a refund or cancellation (e.g., through chargeback services, dispute services, or other similar services), we reserve the right at our sole discretion to cancel our service to you and refuse any future use of our website and services.
9.1 Trading on the demo trading platform is protected by the following rules. Users agree to abide by the rules or prohibitions set below:
a) Users will not use business strategies that take advantage of errors in the display of prices or other errors on the demo trading platform.
b) Users will not perform transactions using straddling, external data feed or other forms of strategies that are in contradiction with the terms and conditions of this Agreement or the platform used by the user.
c) Users will not perform transactions or a combination of transactions to tamper with trading.
d) Users will not perform transactions in any way that is in contradiction with the generally accepted way of trading or perform transactions that may cause damage or losses to Finotive Funding Kft.
9.2 If a user fails to adhere to the prohibitions under clause 9.1 or acts in a way that triggers any of the restrictions, Finotive Funding Kft reserves the right to remove such transaction from the users trading history and not count such transaction as part of the Finotive Funding challenge. Finotive Funding Kft may also regard such violation as a violation of the conditions for the Finotive Funding challenge or verification and at its sole discretion, terminate the contract with the user. If termination occurs from the violation of clause 9.1, the user will be denied access to the service, account and platform. The user shall not be entitled to a refund due to such termination.
9.3 The demo trading platform/account is a fictitious account and data from it should not be used or attempted to be used for real live trading. We shall not be held liable for any damage or loss suffered by any user in an attempt to use data from the demo trading account for a real live account.
9.4 Users understand that Finotive Funding Kft is not responsible for the information available on the demo trading platform or any interruption, inaccuracy of information or delay experienced while using the platform.
9.5 You understand that we have access to the history of the trades performed by you on the demo trading platform. By using our service, you hereby grant us the right to use and share such history with third parties such as our affiliates, representatives or other third parties we reasonably see fit to share such information with. We understand that you are not making any guarantee from the use of any trading data on your demo trading account. We use such information at our own risk and will not hold you responsible for any loss suffered by us or any third-party, we share such information with. You also renounce the rights to any remuneration or profit made by us or the third-party from using such information.
10.1 If in any event, there is a claim that our service has been used fraudulently and/or for illegal activities, we will co-operate with authorities who shall investigate this and if they find this to be true, we will flag and blacklist such user from ever using our services.
10.2 In the event of any claim that your payment card has been used without your permission or any other fraudulent use of payment cards, we will assist the bank and police authorities with any investigations including providing them with all relevant details about you, card authentication and any communications through or related to the website and services previously ordered.
11.1 Subject to other terms in these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Finotive Funding Kft (www.finotivefunding.com), our affiliates or other relevant third parties. By continuing to use the Website, you acknowledge that such material is protected by applicable Intellectual Property right laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by us.
11.2 Finotive Funding Kft hereby grants you a limited, non-exclusive, non- transferable, non-assignable, non-passable, and revocable permission to use the information provided on our website ((www.finotivefunding.com) for your personal, non-commercial use and in accordance with the purpose for which the Services are provided. You are not permitted to sell or otherwise transfer the use of such information to any third-party without the express written consent of Finotive Funding Kft.
12.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Finotive Funding Kft (www.finotivefunding.com) or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out their use. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or those in control of them. We advise that you read through their terms carefully before using the linked sites.
13.1 You may be required to fill out some information when registering or completing the order form for the use of our service. You must not impersonate someone else, create or use someone else’s identity other than your own.
13.2 By continuing to use this Website, you represent and warrant that
a) all information you submit is accurate and truthful;
b) you have permission to submit Payment Information where permission may be required; and
c) you will keep this information accurate and up to date.
13.3 Any data provided on the order form can be changed, corrected or updated on your account/profile. You are responsible for the information you provide and agree to inform us should any of the information changes. We are not obligated to verify any data provided to us.
13.4 We accept no liability for any losses or damages incurred as a result of your login details or other information about your account being shared by you. If you use a shared computer, it is recommended that you do not save your account details in your internet browser. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Finotive Funding Kft immediately to suspend transactions or trading on your account.
13.5 Users are only allowed one email account login. It is a violation of our terms for a user to create multiple accounts.
13.6 The total number of Finotive Funding challenge and verification per user could be limited depending on the amount of the initial capital for the option ordered by the user or other conditions as may be set by Finotive Funding Kft. The initial capital should not be transferred between products (either individual or mutually combined). Users may not also transfer or combine performance, data, parameters or other information between products.
13.7 Access to your account and/or the platform is through your login details. You should not share access to your account with any third party without our express written approval. We will not be held responsible for any damage suffered from sharing your login details. If you are a legal entity (such as a company), you may share access with your employees, affiliates or representatives. Any activity performed on your account is your sole responsibility and we will not be held responsible for any misuse of your account or trading platform.
13.8 Users may at any time request the cancellation or termination of their account or demo trading platform by sending an email to [email protected] Users understand that should we cancel or terminate their account upon request, all services will cease with no recourse to a refund.
13.9 As an entrepreneur (trader) using the service, you may be required to provide an identification number or a tax registration number. If you provide us with such information, you will be regarded as an entrepreneur and some terms or offers herein this Agreement may not be applicable to you.
14.1 When using the website and our service, you shall act in accordance with the following rules:
a) The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
b) You must be polite to our staffs should you ever contact them. You shall not use any swear word or make any racist, sexist, threatening words towards them;
c) You must not display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party or website without our prior written consent;
d) You must not use our site or services available on it for illegal activities;
e) Any attempts to publish or send malicious content through spyware and viruses or other similar things, with the intent to compromise another member’s account or computer environment is strictly prohibited;
f) You must not use any robot, spider, site search/retrieval application, or other automated devices, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content.
g) You acknowledge that your access to and use of the Services may be restricted or prohibited by laws in some countries, and you undertake to only access and use the Services in accordance with applicable laws.
15.1 We may terminate your transaction if we observe you have breached any terms of this agreement. You will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, Finotive Funding Kft reserves the right to terminate your account or contract with us at any time without any notice to you.
15.2 We may also terminate your contract or account with us as specified under the clauses of this Agreement.
16.1 Your safety when using our site is paramount to us. Hence, all reasonable skill and care shall be taken to ensure your safety when using our website. Please kindly note that whilst your security is paramount to us, remember that no method of transmission over the Internet is 100% secure. While we strive to use commercially acceptable means to protect the users of our website, we cannot guarantee its absolute security.
16.2 We will do our best to maintain the operation of the Site for the Service, however, we may need to temporarily suspend the Service for operational reasons (e.g., for repairs, planned maintenance or upgrades). We promise to restore the Service as soon as reasonably possible after any suspension. We will not be liable for any damages or losses suffered by a user due to the inoperability of the website.
16.3 If we cannot do what we have promised in these Terms because of something beyond our reasonable control (including, without limitation, disputes involving our employees, affiliates, partners, a shutdown or interruption on the trading), we will not be liable for this.
17.1 We do not make any warranty or representation that the Website will meet your requirements, that it will be fit for a particular purpose, that it will be compatible with all systems, that it will be secure, and that all information provided will be accurate.
17.2 You understand that the financial market is very volatile/unpredictable and could result to complete loss of any initial capital. Thus, we make no guarantee of any specific results from the use of our Service. The services provided “as is” and we do not make any guarantee from the use of such service. You use our service at your own risk. We do not guarantee any profit or interest from using our platform. We shall not be held liable for any loss suffered if you act in any way outside of the service provided.
17.3 Whilst every effort has been made to ensure that all descriptions of Services available on www.finotivefunding.com correspond to the actual Services, we are not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether.
17.4 Any previous performances and profits are not a guarantee or indication of any future earnings or trades.
17.5 Whilst we do our best to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their security, personal details and computers. You understand that to use our service, you may require some technical equipment and software. It is your responsibility to purchase such equipment and software (including third-party software such as the trading platform). All purchases of the equipment and software shall be at your own expense and risk. We make no guarantee that our service will be compatible with any specific equipment or software.
17.6 Third-party websites with links from the Site have not been verified or reviewed by Finotive Funding Kft. Your use and access to such third-party websites are made at your own risk.
17.7 You acknowledge and agree that Finotive Funding Kft is not in control or operates the trading platform. The trading platform’s terms, and conditions, privacy and cookies policy will therefore apply to your transaction on such platform. We recommend that you read through their terms and conditions, privacy and cookies policy before using the trading platform.
17.8 Information provided on this website does not constitute investment advice, financial advice, trading advice, or any other sort of advice and you should not treat any of the website's content as such. We do not recommend that any trade should be entered into. All activities carried out on the trading platform are at your discretion and you shall not hold Finotive Funding Kft responsible for such trading actions.
18. Modification of Service and these Terms and Conditions
18.1 Finotive Funding Kft (www.finotivefunding.com) reserves the right to change the Website, its Content, any function or conditions of the services provided or these Terms and Conditions at any time. We shall provide you with reasonable notice if we make any change to these Terms and conditions except where we are required by law to make any changes to Terms and Conditions, these changes will apply automatically to any transaction currently pending in addition to any transaction placed by you in the future. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.
19.1 To the maximum extent permitted by law, www.finotivefunding.com accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website, any information contained therein or use of our service. Users should be aware that they use the Website, its content, services at their own risk. We accept no liability for any disruption or non-availability of our Website, any third-party services or website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
19.2 Unless it is caused by us and is reasonably foreseeable, we will generally not be liable for:
a) any incorrect or inaccurate information on the Site and all interruptions to or delays in updating our website/Service;
b) the infringement by you of any third-party Intellectual Property Rights;
c) any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing, using or downloading the Site, or from transmissions via emails or attachments received from www.finotivefunding.com or its licensees.
20.1 You agree to defend, indemnify and hold harmless Finotive Funding Kft, its employees, directors’ shareholders, from and against any and all claims, proceedings, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
a) your use of and access to our site (www.finotivefunding.com) and our Services;
b) your violation of any term or condition of this Agreement, including without limitation, your breach of any of the representations and warranties contained herein;
c) your violation of any third-party right, including without limitation any right
of privacy or Intellectual Property Rights;
d) your violation of any applicable law, rule or regulation;
e) any fraudulent behaviour, wilful misconduct or gross negligence;
20.2 The parties hereby warrant to act in accordance with the principles of fair dealing in the performance of the contract and in mutual negotiations and, in particular, not to damage the good reputation and legitimate interests of the other party.
21.1 Any default, delay or omission of any of the provisions of this Agreement by either Party will not be construed as a waiver of any subsequent breach of the same or other provisions. We are entitled to still pursue any omitted or failed payment by you at any time.
22.1 In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
23.1 If a dispute between a user and Finotive Funding Kft is not resolved through an informal discussion within 14 days from the date a dispute arises, the parties agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be binding on the parties. Any mediator or arbitrator must be a neutral party acceptable to the parties. The cost of any mediations or arbitrations shall be borne by the party bringing a claim.
23.2 Nothing stated herein shall prevent either Party at any time from:
a) seeking interlocutory or other immediate relief where a risk of imminent harm exists for that Party for which there is no other adequate remedy;
b) pursuing court proceedings, where that Party considers it reasonable to do so; or
c) exercising any rights and remedies that may be available to it in respect ofa breach of the provisions herein these Terms of service.
24.1 In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
25.1 Nothing in these Terms and Conditions shall confer any rights upon any third- party. The agreement created by these Terms and Conditions is between you and Finotive Funding Kft.
26.1 These Terms and Conditions and the relationship between you and Finotive Funding Kft shall be governed by and construed in accordance with the laws of Hungary, and you agree to submit to the exclusive jurisdiction of the courts in the country.
28.1 If you have any questions about our company’s Terms and Conditions, or you would like to exercise one of your data protection rights, please do not hesitate to contact us on our contact details provided on this website or email us at [email protected]