Terms & Conditions
1. ABOUT THESE TERMS OF SERVICE
1.1 These Terms of Service set out the terms on which:
(a) We offer all those services (“Services”) provided through the platform (and any website maintained by us including without limitation the website at www.marginexpert.co.uk its subdomains and associated www.marginexpert.co.uk third party services (together, the “Website”) including without limitation providing you with a venue to compare foreign exchange rates and to provide access to foreign exchange providers’ (“FX Providers”) websites in order to enter into foreign exchange currency transactions with those parties (the “Marketplace”); and
(b) you agree to use The Marketplace provided by us and the Website maintained by us subject to the terms of these Terms of Service.
1.2 Please review these Terms of Service carefully and make sure that you understand them before using the Marketplace or Website. If you do not agree to these Terms of Service, you must cease use of The Marketplace and Website immediately.
2. INFORMATION ABOUT US
2.1 We provide the Services and operate the Marketplace. We are Margin Expert Holdings Limited, a private limited company incorporated in England with registered number 10193660 and registered address at 78 York Street | London | W1H 1DP
2.2 References to “marginexpert.co.uk”, “we” and “us” are references to Margin Expert Holdings Limited. References to “you” are to the person accessing or using the Marketplace or Website, or the company or organization on whose behalf such person accesses, streams or uses the Marketplace or Website.
3. WHAT IS THE MARGINEXPERT.CO.UK MARKETPLACE?
3.1 The Marketplace enables business users to build an international payment order, compare competing quotes and access FX Providers’ websites in order to enter into foreign exchange currency transactions. Users are introduced to a panel of regulated FX Providers and on-boarded for compliance and Anti-Money Laundering purposes at the sole discretion of our panel of the FX Providers.
3.2 We are not a foreign exchange broker or intermediary of any kind. We do not exchange currency or make physical delivery of foreign currency. We are not parties to any transactions and have no, and assume no, control over the legality, compliance or other aspects of any transactions that are effected directly or indirectly by your use of the Marketplace.
4. ACCEPTANCE OF TERMS OF SERVICE
4.1 By using the Marketplace and/or the Website, you confirm that you have authority to bind any business on whose behalf you use our Website and Marketplace to use the Services.
4.2 You accept and agree to be bound by these Terms of Service and you will not use the terms offered by FX Providers though the Marketplace as leverage against terms offered by another foreign exchange services provider.
4.3 Marginexpert.co.uk may at any time modify these Terms of Service. We will notify you of any changes to these Terms of Service either by emailing you (at the email address notified by you to us on the Website) or by posting a notice on the Website.
4.4 By continuing to use the Marketplace and/or the Website after changes to these Terms of Service are made and notified to you, you agree to be bound by such changes.
4.5 You can review the most current version of our Terms of Service at any time by clicking on the “Terms of Service” link located at the bottom of the website at www.marginexpert.co.uk. The most current version displayed on that page will supersede all previous versions.
5. LIMITATIONS ON USE
5.1 You must be at least 18 years old to use the Services or the Website. If you do not qualify, please do not stream or use the Services or Website.
5.2 Should you choose to access the Website from locations outside of England and Wales, you will be responsible for compliance with local laws if and to the extent such local laws are applicable.
6. YOUR CONDUCT
6.1 Upon accessing the Website you will be asked to verify your email address and click a link that will take you through to a new window. You will be required to insert complete and accurate information into a form in that window. Once this form has been completed, the names of the FX Partners will appear together with details of their margins charged on the relevant currency transaction you have requested. Upon selecting your provider, you [must click on the icon for that provider?] whereupon you will be taken to the relevant FX Providers website to begin an account opening process.
6.2 By using the Website and / or Marketplace, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services or Website.
6.3 You agree and undertake to keep your user login details, User Login ID’s and any API Keys confidential, not to disclose your login details to any other person and not to permit any other person to log in to the Website using your login details.
6.4 You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms of Service. You also agree not to:
(a) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website and / or Marketplace;
(b) attempt to gain access to secured portions of the Website and / or Marketplace to which you do not possess access rights;
(c) impersonate any other person while using the Marketplace or Website;
(d) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website or Marketplace;
(e) post or transmit to or from this Website or Marketplace any material that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(f) resell or export the software associated with the Website or Marketplace;
(g) use the Website to generate unsolicited advertisements or spam;
(h) use any automatic or manual process to search or harvest information from the Website or Marketplace, or to interfere in any way with the proper functioning of the Website or Marketplace; or
(i) which constitutes or encourages conduct that could be considered a criminal offence, could give rise to civil liability or is otherwise contrary to the law of, or infringes the rights of any third party in, the UK or any other country in the world.
6.5 You further agree to use the Website and Marketplace only for lawful purposes.
6.6 You covenant to provide us with accurate and complete information in respect of your foreign exchange requirements in order for us to be able to provide the Services.
7.1 In providing you with access to the Website and Marketplace, marginexpert.co.uk reserves the following rights, and in accessing, browsing or otherwise using the Website you grant to marginexpert.co.uk and agree that we shall have the following rights:
(a) the right to refuse or withdraw your access to the Website or Marketplace in accordance with applicable laws for any reason at any time (with or without notice) if in marginexpert.co.uk’s sole and absolute discretion you violate or breach any of these Terms of Service;
(b) the right to amend or update the Website or these Terms of Service from time to time;
(c) the right to access any or all of your accounts in order to respond to your requests for technical support so long as we maintain appropriate administrative physical and technical safeguards for the protection of the security and confidentiality and integrity of your data; and
(d) the right to terminate without notice user accounts and delete any associated data if that account has been inactive or disabled for 365 days or more.
8. OWNERSHIP OF DATA
8.1 Personal information about you (including without limitation your name, address, email address, telephone number, information found on your passport or driving licence and your likeness) shall at all times belong to you.
8.2 Trade Information derived from any trade that you execute through one of our contributing foreign exchange companies will belong to the foreign exchange company. As part of our relationship with FX Providers, they are required to provide us with such trade-related information for the purposes of:
(a) enabling us to track the amount of commission payments due to us from FX Providers;
(b) improving our Services by tailoring the Website or Marketplace.
8.3 Each time you trade with one of any FX Provider, you give permission for such FX Provider to disclose personal information and transactional information to us for the reasons given above.
8.4 Margin Expert may share some/all of the data you provide in your application with FSCom Limited for the purposes of:
(a) electronically verifying the information you have provided Margin Expert with; and
(b) providing Margin Expert with further information, as part of our on-boarding process. This may involve a credit check being carried out on you, your directors, LLP members, partners, trustees, beneficiaries and/or beneficial owners (as applicable). This credit check will leave a soft-footprint on the relevant person’s credit history. By agreeing to these terms and conditions you warrant that you consent and that you have obtained the consent of every such director, LLP member, partner, trustee, beneficiary and/or beneficial owner (as applicable) for such a credit check to be carried out.
8.5 Where necessary, you will be contacted to provide certain additional documents to complete the AML/KYC checks. On receipt by Margin Expert of a full compliance report from FSCom, the compliance report, all of your electronically verified data and your full application will be shared with the brokers, who’s terms & conditions you agreed to within your application.
8.6 Other than personally identifiable information, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
9. INTELLECTUAL PROPERTY
9.1 Marginexpert.co.uk and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through the Website or Marketplace. The Website and Marketplace is protected by UK and International copyright and other intellectual property laws.
9.2 We permit you to use the Website for your own personal and business use subject to these terms of service and marginexpert.co.uk grants you a limited license solely for that purpose.
9.3 Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Website or Marketplace (or any part of it) without marginexpert.co.uk’s prior express written consent. You may also not register any domain name that includes the works “margin expert”, infers that it is connected with us or in any way could be deemed to have a negative impact on our reputation and/or business.
9.4 Any unauthorized use of the Website or Marketplace will result in the automatic termination of the limited license granted by us. marginexpert.co.uk reserves the right to terminate the limited license without notice at any time following an unauthorized use by you of the Website or Marketplace.
9.5 Marginexpert.co.uk and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Margin Expert Holdings Limited. They may not be used without marginexpert.co.uk’s prior express written permission.
9.6 All other trademarks not owned by marginexpert.co.uk that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by marginexpert.co.uk
9.7 You undertake and agree not to:
(a) use any automatic or manual process to collect, harvest, gather, or extract information about other visitors to the Website or Marketplace, users of the Website and/or rates offered by our panel of contributing foreign exchange companies, or otherwise systematically extract data or data fields, including without limitation any financial and/or currency data or e-mail addresses; and
(b) present, archive, cache, frame, scrape, or mirror any information and/or content from any part of the Website or Marketplace within another web site, except with the express prior written permission of marginexpert.co.uk.
The foregoing prohibitions in this paragraph 9.7 expressly include, but are not limited to, the practice of “screen scraping”, or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the Website or Marketplace, in any manner or in any quantities not authorized in writing by marginexpert.co.uk.
10. FOREIGN EXCHANGE COMPANIES
10.1 We take steps to vet FX Providers before allowing them onto the Marketplace and we use reasonable endeavours to ensure that companies listed on the Marketplace are FCA authorised and / or regulated in its territory. However, we do not pre-screen or approve all quotes or information provided by FX Providers and the inclusion of any contributing rate provider on the Marketplace does not represent a recommendation by us.
10.2 From time to time, we may promote the services of our FX Providers to you via e-mail. Such promotions are based on our personal opinions and as such are simply indicative and should not be relied on as formal recommendations.
10.3 When you choose to book a transaction and accept the FX Provider’s terms of service, you enter into a direct contractual relationship with such FX Provider. marginexpert.co.uk is not a party to that contract, and marginexpert.co.uk does not have any obligation (whether express or implied) under such contract. marginexpert.co.uk has no responsibility whatsoever for the physical delivery of currency to your designated beneficiaries.
10.4 Your interaction with any FX Providers and/or other persons found on or through the Marketplace, including payment and delivery of services and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such persons.
10.5 In the event that you have a dispute with any FX Provider or other user of the Website or Marketplace, you hereby release marginexpert.co.uk, its shareholders, directors, officers, employees, agents and successors in title from all claims, demands and damages of every kind or nature (whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our marketplace and/or the Website.
10.6 marginexpert.co.uk shall not be liable to you in the event that any FX Provider refuses to honour any quote through the Marketplace.
10.7 marginexpert.co,uk provide the give margin as a guide price; this is applied to the prevailing mid-market rate at time of transaction, and/ or the market price offered to provider through counterparties and or banking partners, as their cost price, at time of transaction. The spread and or margin that is presented by marginepert.co.uk is solely a rate of cost applied for any one businesses or individual’s transaction.
11.1 Whilst we have implemented commercially reasonable technical and organisational measures to secure your personal information and user content from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide your personal information and user content at your own risk.
12. ELECTRONIC COMMUNICATIONS
12.1 By using the Website and/or our Marketplace and/or material provided through the Website and/or via the Services, you consent to receiving electronic communications and notices from marginexpert.co.uk. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
14. NO WARRANTY & LIABILITY LIMIT
14.1 Marginexpert.co.uk provides the Marketplace and Website “as is” and without any warranty or condition, whether express, implied or statutory. marginexpert.co.uk specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. marginexpert.co.uk assumes no liability or responsibility for any errors or omissions in the Website or provision of the Marketplace any failures, delays or interruptions in the Website; any losses or damages arising from the use of the Marketplace or Website; or any conduct by users of the Marketplace or Website. We reserve the right to deliver the Marketplace and Website in our sole and absolute discretion.
14.2 In no event shall marginexpert.co.uk, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Marketplace and/or Website or these Terms of Service, on any theory of liability, and whether or not advised of the possibility of damage. marginexpert.co.uk does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of marginexpert.co.uk. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
14.3 From time to time you may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, you agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties. Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and is not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about, any material found within or any results that may be obtained by using, them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
14.4 You acknowledge and agree that marginexpert.co.uk is not responsible for the accuracy of any information published on the Website or Marketplace and does not warrant that any information appearing on the Website or Marketplace is accurate, true or complete. In particular, marginexpert.co.uk is not responsible if incorrect quotes are published on the Website or Marketplace. If you believe that any information appearing on the Website or marketplace is incorrect, you should inform marginexpert.co.uk of the information that you consider to be inaccurate and/or inform the user who posted the information that you consider it to be inaccurate in each case using the features provided for that purpose on the Website. marginexpert.co.uk specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Website.
14.5 Marginexpert.co.uk makes no representation that material on the Marketplace is appropriate or available at locations outside of the United Kingdom. By accessing the Website from outside the United Kingdom, you represent and warrant to marginexpert.co.uk that your use and access of the Website or Marketplace is in compliance with all applicable local laws.
14.6 Nothing in these Terms of Service limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
14.7 Subject to clause 14.6, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms of Service for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
14.8 Subject to clause 14.6 our total liability to you in respect of all losses arising under or in connection with these Terms of Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £15,000.00.
15.1 You agree to indemnify and hold Margin Expert Holdings Limited and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including professional advisers’ fees and court costs, arising, directly or indirectly, out of your use of the Marketplace and/or Website or your violation of any law or the rights of any third party.
16.1 You agree that these Terms of Service and any claim, dispute or controversy arising out of in connection with these Terms of Service or their subject matter or formation (including non-contractual disputes or claims), the Services, the Website, marginexpert.co.uk’s advertising or any related transaction between you and marginexpert.co.uk shall be governed by and construed in accordance with English law.
16.2 Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
17.1 Marginexpert.co.uk may change or discontinue the Marketplace and/or Website at any time without prior notice. We reserve the right to terminate these Terms of Service for any reason, without notice, and these Terms of Service shall automatically terminate in the event that you violate any of the terms of Service set forth herein (with prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease use of the Services and Website.
18.1 These Terms of Service are agreed between you and us. No person shall have any rights under or connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999.
18.2 If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
18.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
18.4 Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
18.5 You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms of Service without our prior express written consent.
18.6 These Terms of Service set forth the entire understanding and agreement between you and marginexpert.co.uk with respect to the subject matter hereof. You acknowledge that in entering into these Terms of Service you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Service. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Service.
18.7 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
18.8 You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms of service, their subject matter or formation (including non-contractual disputes or claims), the Marketplace or the Website.
19. CONTACT US
19.1 If you have any questions about these Terms of Service or the use of the Website and/or Marketplace, please contact us at: firstname.lastname@example.org