These terms and conditions are between Finsbury Foreign Exchange Solution Ltd ("us" or "we") and you (being the person clicking on the “I agree” button).
Dear Customer, please understand that use of our Services (as defined below) is conditional on your registration and your acceptance of these terms and conditions.
In these terms and conditions, the below terms shall have the following meaning(s):
1. "Prohibited Purpose" means any unlawful purpose; the purpose of making or receiving payment for gambling services, gambling chips or gambling credits; the purpose of making or receiving payment for banking or other financial services;
2. "Transaction" means (i) each payment that You initiate using the Services; and (ii) each other use that You make of the Service;
3. "Service" means any or all of the services for Foreign Currency Exchange and online payments which are made available by us;
6. "Site" means the website finsburyfx.com operated by Finsbury Foreign Exchange Solution Ltd to provide online payments services and related information facilities;
INFORMATION ABOUT US AND HOW TO GET IN TOUCH WITH US
Finsbury Foreign Exchange Solution Ltd is a FCA Authorized firm in the UK (FRN: 572524), which is operating in the international payment services industry for more than 12 years now.
You can contact us by:
Telephone using this number: +44 (0) 207 923 3096; or Freephone 0800 043 3031
Post using this address: 22 Cazenova Road, London, N16 6BD - UK.
Email using this email address: customer.services@finsburyfx.com
Website: www.finsburyfx.com
YOUR STATUS AND YOUR ACCESS RIGHTS
By using our services and placing Foreign Exchange order using our Site, you warrant that you are legally capable of entering into binding contracts.
INFORMATION WE PROVIDE TO YOU BEFORE WE PROCESS A TRANSACTION FOR YOU
The maximum total fee that we will charge the you, together with a breakdown where applicable. If we believe that any other charges may also arise, then we will tell you.
An indication of the exchange rate that we will apply to your transaction, or the reference exchange rate upon which the actual exchange rate will be based. If a further exchange rate may be applied we will tell you to expect this.
Information on cancellation procedures and any charges for cancelling or amending a transaction.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order using the Site, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy one of our services.
All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we are processing your service request (the “Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Confirmation.
The Contract will relate only to those services we have confirmed in the Confirmation. We will not be obliged to provide you with any other services which may have been part of your order until the processing of those other services have been confirmed in a separate confirmation.
We will not perform any Services for You (and any Contract between us shall be deemed void) if:
• we are unable to obtain satisfactory evidence of your identity;
• we have reason to believe that your communication with us (by any means) is incorrect, incomplete, unauthorized or forged;
• you provide us with false, incorrect or incomplete information
• you are unable to comply with any regulatory or governmental authority requirements notified to us;
• by doing so we may break any law, regulation, code or other duty that applies to us;
• by doing so we may expose us to action from any government or regulator.
We shall not be liable for any damages, costs or losses incurred as a result of the non-payment or delay in payment caused by us not performing a Service for You for the reasons listed above.
YOUR RESPONSIBILITIES AND OBLIGATIONS
You agree to pay our fees (charges and commission as applicable) for each Service we provide to you.
To use our Services, you must register with us. We can only complete your registration if you provide us with all the details we require from you, including (without limitation) details relating to your identity and proof of address and any other information we may require from you.
You will promptly supply us with all information and documentation which we may ask you for at any time to enable us to: (i) provide the Services to you; and (ii) comply with any legal requirements on us relating to our Services, including (without limitation) as required by the Money Laundering Regulations 2007.
You must communicate with us and provide us with instructions in the English language.
You shall:
• When you register with us, provide us with true, accurate, current and complete information;
• Maintain and promptly update all information you provide to us to keep it true, accurate, current and complete;
• Not use the Service for or in connection with any Prohibited Purpose;
• Comply with these terms and conditions and any other restriction or requirement of use notified to your from time to time;
• You must and are solely responsible for taking all steps necessary to protect the security of your Transaction.
• You understand that we are obliged to keep all information in our database for up to 5 years.
• You understand that all currency converted pursuant to the Service is converted using our rate of exchange.
• You will be liable to us for all losses which we suffer or incur relating to any fraud or fraudulent activity by you at any time.
• You must call us or write to us as soon as you reasonably can if you a order was not made properly.
We may, without notice (except as required by law) and without liability to you, immediately terminate or suspend your access to our Services at any time, including without limitation, if:
• you attempt to transfer or charge funds from an account that does not belong to you or from an account which does not have sufficient available funds or has expired, or if you are paying by credit card, there is an insufficient available line of credit;
• your financial institution attempts to charge back a transfer on the basis of a dispute related to a transfer;
• you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of our Site;
• we receive conflicting claims regarding ownership of, or the right to withdraw funds from a debit or credit card account;
• you have breached a term or condition of these terms and conditions, or any representation or warranty that you make under these terms and conditions are false;
• we determine that your profile is inactive;
We may without liability to you, terminate or suspend your access to Finburyfx Online at any time and for any reason by giving you 30 days notice.
YOUR CANCELLATION RIGHTS
• You have the right to cancel orders before exchange done to your account. You may exercise this right by:
Telephoning us on +44 (0) 207 923 3096
E-mailing us at customer.services@finsburyfx.com
If you exercise your right to cancel after You have accepted a rate and placed a exchange order:
• We will not reimburse you the charges and or commissions applied by us and paid by you to effect the order. Reimbursement cannot exceed 10% of the total value of the payment including commission.
• You will not have any right to cancel if in accordance with your instructions we have effected the exchange order.
• Details of your statutory right of cancellation and an explanation of how to exercise it, are provided in the Confirmation. This provision does not affect your other statutory rights as a consumer.
WHAT DO YOU PAY
The price for the Services consist of (i) FX Spread and (ii) Fee Commission
Our prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you the Confirmation.
OUR LIABILITY TO YOU
If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Contract.
We do not in any way exclude or limit our liability for:
• Death or personal injury caused by our negligence;
• Fraud or fraudulent misrepresentation;
• Any breach of the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
• Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
We will always use reasonable skill and care when providing the Services to You but we cannot accept any responsibility to you for:
• malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
• any losses or delays in transmission of messages arising out of the use of any internet access service provider or caused by any browser or other software which is not under our control;
• your inability to use, access our Services using any portable device for reasons which are not under our control;
• Viruses caused by third parties.
MONEY LAUNDERING AND THE PAYMENT SERVICES REGULATIONS
The Payment Services Regulations 2009 (SI 2009/209) (“the Regulations”) govern the transfer of money to recipients within the European Economic Area (being all members states of the European Union, together with Norway, Iceland and Liechtenstein), where the transfer of funds is carried out in Euros, Sterling or the currency of another EEA state which has not adopted the Euro as its currency. The Regulations set down some rules applicable where we are requested to send on funds after the completion of a Transaction. We can provide you with further details of these rules should you require them.
COMPLAINTS
We value all our customers and take our obligations seriously. We have established internal procedures for investigating any complaint that may be made against us in relation to any Services we provide. In accordance with our complaints procedure, any complaint you may make must be made or confirmed to us in writing to 22 Cazenova Road, London, N16 6BD - UK or by electronic message to customer.services@finsburyfx.com. We shall investigate your concerns and respond to you promptly. If you are still dissatisfied following our response to any complaint, you may have a right to refer your complaint concerning the Services to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR. If you would like further details of our complaints policy relating to our Services please contact customer.services@finsburyfx.com
WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
NOTICES AND COMMUNICATIONS
• All notices given by you to us must be, in the English Language and given to Finsbury Foreign Exchange Solution Ltd, 22 Cazenova Road, London, N16 6BD - UK
• We may give notice to you at either the e-mail or postal address you provide to us when placing an order or in any other way permitted pursuant to these terms and conditions.
• Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS IF YOU ARE A CONSUMER
We may transfer our rights and obligations under these terms and conditions to another organisation, but that will not affect your rights or our obligations under this Contract.
You may only transfer your rights and obligations under this Contract if we agree to this in writing.
EVENTS OUTSIDE OUR CONTROL
• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• strikes, lock-outs or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• impossibility of the use of public or private telecommunications networks;
• the acts, decrees, legislation, regulations or restrictions of any government; and
• pandemic or epidemic.
• Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
WAIVER
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these terms and conditions.
SEVERABILITY
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract is invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
Nothing in this clause limits or excludes any liability for fraud.
CONFIDENTIALITY
We respect the privacy of the affairs of all our customers and always aim to treat customer information as confidential and to use customer information in confidence.
We will not treat customer information as confidential where it is already public knowledge or where it becomes public knowledge through no fault of our own.
We may disclose customer information if we are required to do so by law, by a court, by court order, to meet any statutory, legal or regulatory requirement on us, or by the police or any other law enforcement agency in connection with the prevention or detection of crime or to help combat fraud or money laundering. We may also report suspicious activity to appropriate law enforcement organisations or other government agencies.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you order services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
LAW AND JURISDICTION
Contracts for the purchase of services using our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
We hope you will enjoy using our Services. Your views matter to us. If you have any questions, please contact us on customer.services@finsburyfx.com and we will be pleased to attend to you.