1.The Site, the Service and the agreement with you.
1.2.These User Terms and Conditions are between freemarketFX Limited, a limited liability company incorporated in England and Wales with company number 07289573 and registered address at First Floor, Thavies Inn House, 3-4 Holborn Circus, London, EC1N 2HA “freemarketFX”, “we”, “our” or “us”) and you, the individual or business, as the case may be, using the Service (as defined below) (“you” or “your”). freemarketFX is authorised and regulated by the Financial Conduct Authority under the Payment for Services Directive 2007 and the Prudential Regulation Authority and subject to the regime of the Financial Ombudsman Service.
1.3.freemarketFX provides a free to access website, made available at freemarketfx.com (“Site”), which provides access to a range of foreign currency international exchange and payment services (the “Service”). All the materials, tools and functionality made available through the Site and the Service are referred to in these User Terms and Conditions as “Content” and are deemed to form part of the Site and the Service.
1.5.The Service can only be accessed if you apply for an Account and your application is accepted by freemarketFX as set out in clause 3.4 below. If freemarketFX rejects your application for an Account (which it may do in its sole discretion) you may not use the Service.
1.6.We reserve the right to modify these User Policies at any time without notice (in our absolute discretion). Modifications and additions to the Service itself are also subject to these User Policies. Your continued use of the Service after modification of these User Policies and/or the Service will constitute your acceptance of any change.
1.7.Please note that these User Policies relate to the Site and the Service only, and that if you wish to use other products or services offered by freemarketFX, or a Partner, you may be required to enter into separate terms and conditions relating to such products and services freemarketFX. The term “Partner” of freemarketFX means a 3rd party company with whom freemarketFX has a contractual relationship to assist the fulfilment of the Service.
2.Using the Site and the Service
2.1.1. You agree to use the Site and the Service only for lawful purposes and only compliance with
2.1.2.all local, national and international laws and regulations applicable to the Site and the Service,
2.1.3.the User Policies, and
2.1.4.any reasonable instructions, regulations and guidelines that freemarketFX may issue within the Service or otherwise in relation to the Site and the Service from time to time.
2.2.freemarketFX may in its sole discretion:
2.2.1.amend or remove any part of the Site and the Service;
2.2.2.suspend or cancel any or all operations in any markets;
2.2.3.refuse any order;
at any time without liability.
2.3.In offering the Site freemarketFX is not making any invitation or solicitation to you or any person to use any information, product or service including the Service and the Content where doing so is prohibited by the law of the country from which you access the Site.
2.4.Parts of the Site and the Service may be subject to legal protections and restrictions imposed by the holder of the applicable rights, and you agree to comply with any such restrictions in accordance with clause 11.6. You warrant and represent that you are not restricted by any applicable law or regulation (including any international export restrictions) from accessing or using the Site and the Service or any of the Content.
2.5.You must not:
2.5.1.resell, reproduce or otherwise exploit any part of the Site or the Service without the express written permission of freemarketFX;
2.5.2.collect or export data from the Site or the Service save as permitted under clause 11.4;
2.5.3.other than as permitted by applicable law copy, modify, adapt, distribute, dissemble, reverse engineer or decompile any aspect of the Site or the Service;
2.5.4.knowingly upload or permit the uploading of any viruses, trojans or other harmful or inappropriate material; or
2.5.5.attempt to circumvent or disable any technological protection measures contained in or used to protect the Site, the Service or Content, or use any Content from which such protection has been illicitly removed, in breach of these User Terms and Conditions or otherwise.
2.6We use reasonable endeavours to ensure that Content is current to any date it bears (if any) when published. However we make no warranty or representation as to the currency of any Content and we have no responsibility to update or amend any Content which accordingly may be out of date at any given time.
3.Opening an Account
3.1.To access the Service and become a user of the Service (“User”) you will need a freemarketFX account (“Account”), for which you must apply to us using the form on the Site and have your application accepted in writing by freemarketFX.
3.2.You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities.
3.3.To hold an Account, you must:
3.3.1.be an individual or business acting on your own behalf;
3.3.2.be at least 18 years of age;
3.3.3.be capable of entering into legally binding contracts under the law applicable to your country of residence;
3.3.4.only access the Site and use the Service when in a country that permits access to the Site and use of the Service;
3.3.5.use a valid email address as your point of contact for registration;
3.3.6.not share your Account with any other person;
3.3.7.not use or maintain more than one Account;
3.3.8.choose a password to access your Account. You are responsible for maintaining the confidentiality of your password, even within your own Employer where applicable. Your disclosure of your password to any person is entirely at your own risk and you bear full responsibility for any harm or damage resulting from that disclosure;
3.3.9.notify us immediately if you know or have reasonable grounds to suspect that any person not authorised to access the Service has obtained your password or has had unauthorised access to the Service;
3.3.10.agree to comply with the User Policies; and
3.3.11.provide true, accurate, current and complete information (“Registration Data”) about yourself as prompted by the registration form and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
3.4.freemarketFX will notify you in writing once your Account application has been accepted and from the date of such notification you may use the Service.
This clause 4 only applies where you are applying for an Account in the course of a business.
4.1.If you are applying for an Account in the course of a business and not as a consumer, you agree that:
4.1.1.the legal entity for which you work or which you otherwise hold yourself out as representing (the “Employer”) shall be bound by these User Policies as though it were expressly party to them as a User;
4.1.2.you and the Employer will have joint and several liability in relation to these User Policies;
4.1.3.if you are not certain whether you have the authority to bind your Employer to these User Policies, you must obtain permission from your Employer before doing so;
4.1.4.your licence to access or use any of the Content shall be automatically and retrospectively revoked if your Employer challenges the binding nature of these User Policies on the Employer; and
4.1.5.The User Policies constitute the entire agreement between you and freemarketFX. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of freemarketFX which is not set out in the User Policies.
4.2.You warrant and represent that you have and continue to have the full right and authority to bind the Employer to comply with the User Policies.
4.3.You will immediately notify freemarketFX if you leave the employment of the Employer. freemarketFX will be entitled to terminate your Account at its convenience.
5.Closing your Account; termination
5.1.You may terminate your Account at any time by notifying us of your wish to do so in writing.
5.2.1.without notice, suspend or terminate your Account at any time in its sole discretion; and/or
5.2.2.terminate these User Policies at any time in its sole discretion.
5.3.We reserve the right to refuse access to any part of the Service to any individual or legal entity in our sole discretion.
5.4.Termination of these User Policies, by you or by us, will automatically terminate your Account.
5.5.You acknowledge that there may be a delay prior to your access to the Service being suspended (whether following notification by you under clause 5.1 and/or in accordance with our rights under clause 5.2) and that these terms and conditions remain binding during such period.
5.6.On the termination of these User Terms and Conditions the following clauses will continue in force despite such termination: clauses 2.3, 2.5, 11.1, 11.2, 11.6, 12.2, and 13.
6.Payments by you
6.1.freemarketFX provides access to the Site free of charge.
6.2.Use of the Service will attract fees and costs, which will be notified to you in writing prior to you authorising the Order, including, but not limited to:
6.2.1.freemarketFX commission, expressed as a percentage of the value of the transaction;
6.2.2.International payment charges;
6.2.3.such other costs or charges as freemarketFX may reasonably be required to incur in order to fulfil your Order,
our placing of an Order following notification of the fees and costs signifies your acceptance of such fees and costs.
7.Transfer of monies to Account
7.1.You agree and represent that all monies deposited by you in respect of any order will be legally and beneficially owned by you and are not, and will not be while held in your Account, subject to any charge lien or other encumbrance of any kind.
7.2.You shall not be entitled to any interest on monies held in your Account.
7.3.Monies can only be transferred to your Account via electronic transfer. freemarketFX does not accept cash, credit or debit card payments.
7.4.freemarketFX will not accept a deposit, nor any instruction relating to the transfer of monies until an Account has been approved.
7.5.All transfers must be in accordance with the instructions given on the Site unless otherwise notified in writing by freemarketFX. You acknowledge and agree that freemarketFX will not initiate any exchange or transfer of monies until freemarketFX has undertaken the necessary money laundering checks in accordance with clause 9.
7.6.Monies deposited by you shall remain your property. You will remain entitled to the return of monies held in your Account until freemarketFX initiates an exchange which you have instructed and freemarketFX has your authority to use monies deposited to fulfil such instructions. freemarketFX may deduct sums from or withhold any deposit or held monies by way of payment towards any amount as may be required by law, regulatory body or by freemarketFX in respect of any transfer or charges owed to freemarketFX.
7.7.All monies you deposit or hold with freemarketFX may be used by freemarketFX in performance of its obligations in relation to your order(s).
8.1.The process for placing an order on the Service shall be as set out on the Site and as amended from time to time.
8.2.You acknowledge that no order will be processed until freemarketFX has received sufficient cleared funds from You.
8.3.If freemarketFX are unable to accept an order for whatever reason, including an error in displaying the correct price on the Service, freemarketFX will inform you of this.
9.Know Your Customer and Anti-Money Laundering
9.1.freemarketFX is required to apply procedures aimed at the prevention and detection of financial crimes. freemarketFX may use the services of a Partner to establish your identity as part of the registration process for an Account, as part of processing an order and as required for the purpose of ongoing routine monitoring, including the identity of payees.
9.2.We may monitor all transactions and if we believe funds are derived from financial crime we may report such transactions to regulatory authorities in the United Kingdom, in the country of the origin of the funds and the destination. Where a report of potential financial crime is made, freemarketFX accepts no liability for any delay in transmission of or confiscation of the funds. freemarketFX reserves the right to provide a copy of information provided as part of the Account opening process to regulatory authorities in the United Kingdom, in the country of the origin of the funds and the destination.
9.3.You represent and warrant that all monies transferred into your Account are in no way connected to any unlawful or illegal activity. Any breach of this clause shall be deemed a material breach of these User Terms and Conditions and freemarketFX reserves the right to immediately and without notice suspend your access to the Services and/or terminate your Account in such circumstances.
9.4.freemarketFX reserves the right at all times, and with no notice, to refuse to process any order in its sole discretion at any time in the order process.
10.1.You acknowledge and accept freemarketFX does not have any control over the activities of its Partners, the global banking payment systems or your financial institution. Therefore freemarketFX cannot determine or influence:
10.1.1.when you will receive cleared funds following an order; and
10.1.2.the charges levied by a Partner and/or your financial institution, and/or a financial institution used by freemarketFX and its Partners in fulfilment of any order.
10.2. freemarketFX accepts no liability or responsibility for any delay in transmission or receipt of the funds or charges levied by a Partner and/or your financial institution and/or a financial institution used by freemarketFX and/or its Partners.
11.Copyright and other intellectual property
11.1.freemarketFX and its licensors reserve all rights in and to the Site and the Service except as expressly set out in these User Terms and Conditions.
Ownership of the Service
11.2.freemarketFX and its licensors own all intellectual property rights in and to the Site and the Service, including but not limited to the name of the Site, the Service, the Content, all information used to create the Content, and the logos, images and interface elements contained within the Service unless otherwise expressly stated.
Licence to use the Service
11.3.freemarketFX hereby grants to you a limited, non-transferable, non-sublicensable, worldwide licence during the term of these User Terms and Conditions, to access and use the Site and the Service as set out in these User Terms and Conditions only.
Licence to view, use and save Content
11.4.In relation to each separate item of your Account history contained within the Content (“User Content”) and subject to the terms of these User Terms and Conditions (including without limitation clause 2.5), freemarketFX hereby grants you a personal, revocable, non-exclusive, non-sublicensable and royalty-free licence to view, use and (where technically permitted) save one copy of such User Content for internal training and internal informational purposes only. Any use of the Content outside the scope of the licences granted under this clause 11.4 shall, without prejudice to any other rights or remedies available to freemarketFX, constitute a material breach of these User Terms and Conditions.
Termination of licences
11.5.If you breach your obligations under the User Policies or close your Account or these User Terms and Conditions terminates, all licences granted to you under these User Terms and Conditions will automatically terminate.
Third party terms
11.6.In respect of any service or Content provided through the Service by a third party supplier of freemarketFX, you will comply with such third party supplier’s applicable terms and conditions (or as otherwise notified to you by freemarketFX from time to time), in addition to these User Policies.
11.7.If this Site contains links to websites provided by third parties those links are made available:
11.7.1.for your convenience only;
11.7.2.with your acknowledgement that freemarketFX does not control such third party websites or any of their contents;
11.7.3.without warranty or representation from freemarketFX as to the content or accuracy of the third party websites; and
11.7.4.without responsibility or liability of freemarketFX for the content or products offered through the third party websites.
12.1.freemarketFX does not guarantee that the Service will be available at all times and there will be times when the Service will be interrupted for maintenance, upgrades or repairs or due to failure of services or equipment. freemarketFX reserves the right to modify, suspend or discontinue all or part of the Service at any time with or without notice.
12.2.You agree that freemarketFX are not liable or responsible to you for any delay, interruption, unavailability or discontinuance of the Service.
13.Limitation of Liability
13.1.You agree that, to the maximum extent permitted by law, freemarketFX will not be held responsible or liable for any:
13.1.1.loss of profit;
13.1.2.loss of revenue;
13.1.3.loss of use;
13.1.4.loss of contracts;
13.1.5.loss of opportunity;
13.1.6.loss of business;
13.1.7.loss of anticipated savings;
13.1.8.loss of data;
(in each case whether direct or indirect) or
13.1.9.indirect, incidental, consequential, special, exemplary and punitive loss,
(together “Losses”) arising out of or relating in any way to your use of the Site and the Service or inability to use the Service, or to your use of or reliance on any aspect of the Site and the Service including (but not limited to):
(a) any failure of freemarketFX’s technical or computer systems;
(b) any loss occasioned by fraudulent spending or any other unauthorized spending on your Account; or
(c) any change in foreign currency rates which occur.
Except as mandated under applicable law, your sole remedy for dissatisfaction with the Service is to stop using the Service.
13.2.freemarketFX does not take any responsibility for any consequences of you using any aspect of the Service or any other service provided by us to trade (or to refrain from trading) in a live environment in any marketplace or transactional facility (whether provided by freemarketFX or by any third party).
13.3.Subject to clauses 13.1 and 13.4 freemarketFX’s total liability to you in respect of all losses arising under or in connection with the Service, whether in contract, tort, breach of statutory duty or otherwise shall in no circumstances exceed the greater of: (i) £500,000; and (ii) the commissions earned by freemarketFX from the Account in the twelve (12) months preceding the date you suffered the loss.
13.4.Nothing in these User Terms and Conditions limits or excludes a party’s liability for:
184.108.40.206.4.1. death or personal injury caused by that party’s negligence;
220.127.116.11.4.2. fraud or fraudulent misrepresentations; or
18.104.22.168.4.3. any other limitation or exclusion not permitted under the applicable law of the party.
14. General conditions
14. Exclusion of Warranties
14.1.The Service is provided “as is” and “as available” and freemarketFX expressly disclaims and excludes all representations or warranties of any kind, either express or implied, to the maximum extent permitted by applicable law in relation to any aspect of the Site and the Service. In particular and without limitation, freemarketFX does not warrant that any aspect of the Site and the Service will be fit for a particular purpose or will perform, be true, suitable, reliable, complete or accurate. You assume sole responsibility and risk for your use of any aspect of the Site and the Service.
14.2.Time shall not be of the essence and freemarketFX accepts no responsibility for any delay in onward payment attributable to your use of the Site and the Service.
14.3.freemarketFX shall bear no responsibility to you, and any third parties, as a result of an event of force majeure including (but not limited to) war, terrorism, natural disaster or industrial disputes or any act of any government, legal authority or regulator.
14.4.You expressly acknowledge and agree that the restrictions on the liability of freemarketFX under these User Terms and Conditions (including as to the disclaiming of any warranties) are reasonable in the context of the fees being charged by freemarketFX for the use of the Service.
15.1.You agree, at your own expense, to indemnify, defend, and hold harmless freemarketFX and the Partners against any and all Losses related to your use of or access to the Service, or violation of the User Policies by
15.1.2.by any unauthorised party using your Account.
16.1.If any clause (or part of a clause) in these User Terms and Conditions is determined to be invalid or unenforceable by any court or administrative body of competent jurisdiction, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the clause, and the validity and enforceability of the rest of the Agreement will not be affected. This will not adversely affect your statutory rights, if any.
17.1.You warrant and represent that during your use of the Service you will not knowingly upload or permit the uploading of any viruses, trojans or other harmful or inappropriate material.
17.2.freemarketFX is not liable for any virus, trojan or other harmful or inappropriate material that may affect your computer equipment, computer programmes or other materials as a result of use of the Service.
18.1.If a party fails to enforce any right reserved by it in these User Policies, that failure will not constitute a waiver of said right.
19.1.The User Policies are governed by and construed in accordance with the laws of England and Wales without regard to the choice or conflicts of law provisions of any jurisdiction, and the courts of England and Wales have exclusive jurisdiction, provided that freemarketFX may seek injunctive relief in any jurisdiction in order to enforce its rights under the User Policies. You agree not to bring claims on a representative or class member basis.
20. Entire Agreement
19.2.The User Policies represent the entire understanding between the You and Us in respect of Your relationship with freemarketFX as a User of the Service. It supersedes any previous agreements between You and Us including previous revisions of these User Terms and Conditions.
22.Time limitation on claims
At freemarketFX, we never disclose client details and work ensure your details are always secure.
freemarketFX Limited, of First Floor, Thavies Inn House, 3-4 Holborn Circus, London, EC1N 2HA (“We”, “us”, “our” or “freemarketFX”) is committed to protecting and respecting the privacy of you (“you”, “your”) as a user of this website “freemarketfx.com” (“Site”) or our services (“Service”).
For the purpose of the Data Protection Act 1998 (the “Act”), freemarketFX is the data controller of any personal data we collect from you, or that you provide to us, under registration number Z2338413.
Information we may collect from you
We collect and process the following data about you:
information that you provide by filling in forms on the Site and the Service. This includes information provided by you at the time of registering to use the Site and the Service, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with the Site and the Service;
if you contact us, we may keep a record of that correspondence;
if you call us, we may keep a record of the call for permitted purposes including establishing the existence of facts, ascertaining compliance with regulatory practices and/or for staff training purposes;
details of any transaction you carry out through our Site;
details of your visits to the Site and the Service and the resources that you access; and
all necessary information required for, and the results of, know your client and anti- money laundering check
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to the Site and the Service providers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
Where we store your personal data
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Site, you are responsible for keeping this password confidential. Unless we explicitly agree otherwise, we ask you not to share a password with anyone and to inform us promptly should you believe that the security of the password has been compromised. You should also inform us in the event you no longer require access to the Site.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use procedures and security features to try to prevent unauthorised access.
Uses made of the information
We use information held about you in the following ways:
If you are an existing client, we may from time to time contact you by post or electronic means (including but not limited to e-mail, phone call or SMS) with information about services which we believe may be of interest to you.
Disclosure of your information
We may disclose your personal information to third parties:
If you would like:
to exercise your rights at any time please contact us via one of the following options:
Post: Customer Service, freemarketFX Ltd., Studio 101, The Print Rooms, 164 Union St, London SE1 0LH
Third party websites
Our Site may, from time to time, contain links to and from the websites of third parties including our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for those websites or their policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee to meet our costs in providing you with details of the information we hold about you.
Changes to our policy
Cookies: Cookies are small data files that websites download to a user’s computer, phone or tablet hard disk. Most web browsers automatically accept cookies. They help websites providers, for example, to recognise a user that has visited a website previously. Further details on the cookies used on [website URL](“Site”) and their purposes are set out below.
single session cookie: enables the Site to keep track of your movement from page to page in order to ensure that you will not be asked for the same information you have previously given during your visit to the Site. We may use the cookie to enable you to return to a previous page, or analyse user behaviour, such as which pages have been visited during your visit, in order to improve your overall experience and the performance of the Site
remember me cookie: enables the Site to remember your personal preferences such as log in details in order to improve the user experience for example by avoiding you having to re-enter these details on each visit to the Site.
global session cookie: enables us to collect information such as number of visitors to the Site, links clicked on, from what links you used to come to the Site and pages visited in order to analyse user behaviour. This information is collected in an anonymous form and will be collated with similar information received from other users to enable us to compile reports in order to develop and improve user experience by displaying more tailored and relevant content for example. We might use these cookies to highlight articles, services available within the Site or adverts that we believe may be of interest to you.
The single session and global session cookies are provided to aid with reporting of user behaviour, market research, providing targeted advertisements and improving Site functionality for example. This user behaviour is analysed in order to improve the Site. The information collected is not linked to personal data. To see how this applies to Google Analytics, visit http://www.google.co.uk/intl/en/analytics/privacyoverview.html. You can stop tracking by Google Analytics by visitinghttps://tools.google.com/dlpage/gaoptout?hl=en-GB.
Cookie duration: The single session cookie is a temporary cookie which remains in the cookie file of your browser until you close the browser.
The other cookies will remain in the cookie file of your browser after the closing of the browser, and will become active again when you reopen the Site. The different cookies have different expiration dates. Following expiry of a cookie, a new version of that cookie will be downloaded when you next visit the Site, unless you have withdrawn your consent in the meantime.
Refusing cookies: You do not have to accept cookies, but without accepting them you may experience reduced Site functionality. If you wish to reject the cookies then please read the information that came with your browser software to see how you can turn off the automatic download feature. For more information about cookies, including how to set your internet browser to reject cookies, please go to www.allaboutcookies.org.