Terms of Use
We kindly request that you carefully read this agreement. By accessing or using this site, our services, or by agreeing to this agreement in any form, you acknowledge and agree to be bound by its terms. Please note that by agreeing to this agreement, you may be waiving certain rights.
Welcome to elitesfunding.com. The elitesfunding.com website and all its services and interactions with Elites Funding challenge (referred to as the “Site”) are operated by MASTERLABS LIMITED, a company registered in Gibraltar with registration number 123237 and registered address at 5 Secretary’s Lane, GX11 1AA, Gibraltar. The availability and use of the Site are subject to your acceptance of the terms, conditions, and notices contained herein (referred to as the “Terms” or “Agreement”), without any modifications. By using the Site, you signify your acceptance of and agreement to these Terms. We encourage you to read these Terms carefully and retain a copy for your reference. These Terms apply to all services provided by Elites Funding through this Site.
The products and services offered on this site are not intended to be considered an investment. Elites Funding offers various evaluation plans and programs designed for individuals to test and showcase their trading skills by successfully completing evaluations with specific goals that must be achieved in order to pass.
Other Policies
These terms do not modify the terms or conditions of any other agreement you may have with us for products, services, programs, or any other matters. Additional policies and terms may apply to the use of specific sections of the site and to the purchase of certain services. These policies and terms are considered part of these Terms, whether they explicitly reference these Terms or not.
Examples of other agreements and policies that you may be subject to include, but are not limited to:
- Elites Funding’s FAQ, along with all the rules and conditions stated therein, as amended periodically. These rules within the FAQ and other sources on the website are incorporated by reference and form an integral part of these Terms. By agreeing to these Terms, you are also agreeing to comply with all the rules outlined in the FAQ and other relevant sources.
- The Refund Policy
- The Privacy Policy
Electronic Communications
By accessing this site, contacting Elites Funding through social media and live chat support, or sending emails to Elites Funding, you are engaging in electronic communications. You consent to receive electronic communications from us, and you acknowledge that all agreements, notices, disclosures, and other communications that we provide to you electronically, whether through email, live chat support, social media, or on this site, satisfy any legal requirement that such communications be in writing.
Your Account
When using this site, it is your responsibility to keep your account and password confidential and to limit access to your computer. You agree to accept liability for all activities that occur under your account or password. You may not assign or transfer your account to any other person or entity. Please be aware that Elites Funding is not responsible for any unauthorized access to your account resulting from theft or misuse. Elites Funding and its associates reserve the right to refuse or cancel service, terminate accounts, or modify or remove content at our sole discretion.
Evaluation Demo Account Terms
The evaluation accounts offered by Elites Funding are solely demo accounts and do not involve live actual trading. These demo accounts are subject to a 1:100 FOREX leverage. Any adjustments or changes to the leverage amount will be determined solely by Elites Funding, based on its own judgment and deemed reasonable by Elites Funding at its sole discretion.
Minors
Elites Funding does not knowingly collect, either online or offline, personal information from individuals under the age of 18. If you are under the age of 18, you are prohibited from using the services and interacting with Elites Funding. If a minor manages to bypass the controls implemented by Elites Funding to restrict service usage, any actions or consequences that arise are solely the responsibility of the minor. By accessing our services, you agree to indemnify and hold Elites Funding harmless for any actions or consequences that result from your failure to comply with our age restrictions.
Links to Third Party Sites/Third Party Services
The website https://elitesfunding.com/ may include links to other websites (“Linked Sites”). These Linked Sites are not under the control of Elites Funding, and Elites Funding is not responsible for the content of any Linked Site, including any link contained within a Linked Site or any changes or updates to a Linked Site. Elites Funding provides these links for your convenience only, and the inclusion of any link does not imply endorsement by Elites Funding of the site or any association with its operators.
Certain services available through the website https://elitesfunding.com/ may be provided by third-party sites and organizations. By using any product, service, or functionality originating from the https://elitesfunding.com/ domain, you acknowledge, agree, and consent that Elites Funding may share information and data with any third party with whom Elites Funding has a contractual relationship to provide the requested product, service, or functionality on behalf of users and customers of https://elitesfunding.com/.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the website https://elitesfunding.com/ strictly in accordance with these Terms. By using the Site, you warrant that you will not engage in any unlawful or prohibited activities that violate these Terms or any applicable laws, regulations, or requirements. You agree not to use the Site in a way that could damage, disable, overburden, or impair its functionality, or interfere with the use and enjoyment of the Site by other parties. You will not attempt to obtain any materials or information through unauthorized means that are not intentionally made available on the Site.
All content provided on the Site, including text, graphics, logos, images, and the compilation thereof, as well as any software used on the Site, is the property of Elites Funding or its suppliers and is protected by copyright and other intellectual property laws. You agree to respect and comply with all copyright and proprietary notices, legends, or restrictions contained in any such content and not make any alterations to them.
You are prohibited from modifying, publishing, transmitting, reverse engineering, participating in the transfer or sale, creating derivative works, or exploiting any part of the content, whether in whole or in part, that is found on the Site. The materials and content provided by Elites Funding on the Site are not for resale, and by accessing the Site, you acknowledge and agree not to resell, redistribute, or use the Site or its contents for any purpose other than as permitted or authorized by Elites Funding. Your use of the Site does not grant you any unauthorized rights to the content, and you specifically agree not to delete, alter, modify, or attempt to modify any proprietary rights or attribution notices contained in the content. Protected content may only be used for personal, non-commercial purposes, and you must obtain express written permission from Elites Funding and the copyright owner for any other use. You acknowledge that you do not acquire any ownership rights or claims to any content on the Site. Except as expressly authorized by these Terms, no licenses, either express or implied, to the intellectual property of Elites Funding or its licensors are granted to you.
Legal and Market Compliance
At Elites Funding, we prioritize compliance with relevant laws, regulations, and requirements, and we expect our customers to do the same. We also hold great respect for the integrity of real markets. Therefore, any trading practices that disrupt the functioning of real markets are strictly prohibited on our platform. These prohibited trading practices, which deviate from the principles of real markets, include but are not limited to:
- Use of platform or data freezing
- Use of delayed data feed
- Trading on delayed charts
- Trading during significant macroeconomic reports
- Use of guarantee of compliance with limit orders
- Hedging trades between Elites Funding accounts and/or third-party accounts
For detailed information on trading practices that violate the functioning of real markets and are prohibited on our sites and services, please refer to the following link: https://elitesfunding.com/prohibited-trading-strategies/
Violation of any of these terms, as well as applicable laws, regulations, or requirements, may result in immediate termination of all associated accounts with our services, and no refund or payment will be provided. Additionally, engaging in such violations may subject you to civil and/or criminal liability. Recognizing the importance of maintaining a secure and reliable trading platform, you explicitly authorize Elites Funding to share your data with other proprietary trading firms or third parties for the purpose of detecting fraudulent, deceptive, or criminal behavior, or any violations of our terms or this agreement.
Indemnification
By using the Site or services provided by Elites Funding, you agree to indemnify, defend, and hold harmless Elites Funding, its officers, directors, employees, agents, and third parties from any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) arising from or related to your use of the Site or services, any user postings made by you, your violation of these Terms, or your infringement upon the rights of a third party or any applicable laws, regulations, or requirements. Elites Funding reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such cases, you agree to fully cooperate with Elites Funding in asserting any available defenses.
Disputes & Arbitration
Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. You may choose to be represented by a lawyer in arbitration or proceed without one. This arbitration provision shall survive termination of this Agreement. If, however, either the class action waiver or coordinated claims provision below is found invalid, then the specific invalid provision will be unenforceable and will be severed, and the remainder of the arbitration provisions will remain in full force.
In the event that the parties are unable to resolve any dispute, claim, or controversy arising out of or concerning these Terms or any provisions hereof, or other agreements on the Site, other agreements between us, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, whether in contract, tort, or otherwise, at law or in equity for damages or any other relief, legal or equitable, then such dispute shall be resolved only by either: (i) final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the Government of Gibraltar as those Rules exist on the effective date of this Agreement or (ii) submitted to small claims court in Gibraltar. If the arbitrator finds this location of arbitration unreasonably burdensome to you, a new location may be selected in a location mutually agreed upon by the parties, or the arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence.
The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. Seeking Arbitration: If you choose to seek arbitration or file a small claims court action, you must first send us a written notice of your claim (“Notice”) by certified mail. The Notice to us must be addressed to:
MASTERLABS LIMITED
5 Secretary’s Lane
GX11 1AA
Gibraltar
with an electronic copy sent to [email protected]
Class Action Waiver
You agree that any arbitration under these Terms and Conditions will take place on an individual basis. Both you and we agree that claims can only be brought against the other party in your or our individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including but not limited to a private attorney general action. Class arbitrations and class/representative/collective actions are not permitted, and you are agreeing to waive the ability to participate in such proceedings. Furthermore, unless both you and Elites Funding agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.
If this specific provision is found to be unenforceable, then the entirety of this Class Action Waiver and the Disputes & Arbitration provisions shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Liability Disclaimer
The information, software, products, and services provided on this site may contain inaccuracies or errors. Changes are periodically made to the content without prior notice. Elites Funding and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics on the site for any purpose. All such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind, to the maximum extent permitted by applicable law.
Elites Funding and/or its suppliers hereby disclaim all warranties and conditions regarding this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Elites Funding and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages, including damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the site, the delay or inability to use the site or related services, the provision or failure to provide services, or any information, software, products, services, and related graphics obtained through the site. This applies even if Elites Funding or any of its suppliers have been advised of the possibility of such damages.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of this site or these terms of use, your sole and exclusive remedy is to discontinue using this site.
International Users
This site is operated and controlled by Elites Funding from our offices in Gibraltar. If you access the site from a location outside Gibraltar, you are responsible for complying with all applicable laws in your jurisdiction. You agree not to use Elites Funding content accessed through the site in any country or in any manner prohibited by any applicable laws, regulations, or requirements.
The products mentioned on the site may only be available in the specific territory to which the site is directed and may not be available in your country. We make no representation that the information and materials on any site, including promotional materials for the products identified on that site, are suitable or available for use in locations other than the directed territory. We do not warrant or represent that a site or any part thereof is appropriate or available for use in any particular jurisdiction other than Gibraltar. By accessing a site, you do so at your own initiative and risk, and you are responsible for complying with all local laws, statutes, regulations, rules, and other applicable laws.
However, as a consumer, you may benefit from mandatory provisions of the law in your resident country. This agreement does not affect your rights as a consumer to rely on such mandatory provisions of local law. Your local jurisdiction’s law may entitle you to have a dispute related to this agreement heard by your local courts. This agreement does not limit any of your rights under applicable local law. However, by entering into this agreement, we do not consent to the jurisdiction of any courts other than those referenced in this agreement, and we reserve the right to contest that we are not subject to the jurisdiction of any other court. We may limit the availability of a site, in whole or in part, to any person, geographic area, or jurisdiction of our choosing, at any time and at our sole discretion. This agreement, along with all related documents, including notices and correspondence, will be in the English language only.
Termination/Access Restriction
Elites Funding reserves the right, at its sole discretion, to terminate or restrict your access to this website and its related services, or any part thereof, at any time without prior notice. This includes, but is not limited to, the suspension or termination of accounts if the risk taken on the account is deemed inappropriate or if the user has violated the rules specified in the prohibited trading strategies page mentioned in the FAQ. In such cases, if the account is in profit, the user may apply to receive 50% of the profit, provided they meet the criteria outlined in the FAQ. This 50% profit split is however not guaranteed even if the user meets the required conditions if we conclude that the user has exploited our system in any way or if the user has used improper trading methods to obtain the profit.
It is important to understand that once you obtain a funded account, you will be trading on the company’s funds, not your own. You do not have any ownership of these funds unless the company agrees to make a payout. Additionally, the fee paid for the challenge is solely a tax to trade on demo accounts and is not a deposit. It will not be used for trading purposes.
These Terms are governed by the laws of Gibraltar, and any disputes or disagreements with Elites Funding arising from or related to these Terms that cannot be resolved through arbitration as provided herein shall be resolved by the state courts located in Gibraltar. By using this website, you consent to the exclusive jurisdiction and venue of such courts for this purpose. If any provision of these Terms is found to be invalid or unenforceable, it will be replaced with a valid and enforceable provision that closely matches the original intent, and the remaining provisions will continue in full force and effect.
You acknowledge that these Terms do not create a joint venture, partnership, employment, or agency relationship between you and Elites Funding. Elites Funding’s performance of these Terms is subject to applicable laws, regulations, and requirements, and nothing in these Terms shall derogate Elites Funding’s right to comply with governmental, judicial, and law enforcement requests or requirements related to you or your use of the website and the information provided to or gathered by Elites Funding.
These Terms constitute the entire agreement between you and Elites Funding regarding the use of the website, superseding any previous communications or proposals, whether electronic, oral, or written, between you and Elites Funding. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Changes to Terms
Elites Funding reserves the right, at its sole discretion, to modify the Terms under which this website is offered. The most current version of the Terms will supersede all previous versions. It is recommended that you periodically review the Terms to stay informed about any updates.