Plexus Payments Terms of Service
Please read this document carefully. It contains important information about your rights and obligations. It also contains a disclaimer of warranty and a limitation of liability clause.
Plexus Payments is a trading name of CurrencyTransfer Limited. For the purpose of these Terms of Service, Plexus Payments and CurrencyTransfer Limited can be considered to be interchangeable as both names refer to the same underlying registered entity, CurrencyTransfer Limited.
1.
About these terms of service
1.1
These Terms of Service set out the terms on which:
a)
We offer all those services provided through the Platform (and any website maintained by us including without limitation the website at www.plexuspayments.com its subdomains and associated CurrencyTransfer third party services (together, the “Website”)) including without limitation providing you with a venue to aggregate international payment services and book currency exchange transactions from our contributing Regulated Payment Partners (“The Marketplace”); and
b)
you agree to use The Marketplace provided by us and the Website maintained by us.
1.2
Please review these Terms of Service carefully and make sure that you understand them before using The Marketplace or the Website. If you do not agree to these Terms of Service, you must cease use of The Marketplace and Website immediately.
2.1
We provide the Services and operate The Marketplace. We are CurrencyTransfer Limited, a limited company incorporated in England with registered number 8806732 and registered address at 16 Great Queen Street, Covent Garden, London, United Kingdom, WC2B 5AH.
2.2
References to “Plexus Payments”, “we” and “us” are references to CurrencyTransfer Limited. References to “you” are to the person accessing or using The Marketplace or Website, or the company or organisation on whose behalf such person accesses, streams or uses The Marketplace or Website.
3.
What is the currencytransfer marketplace?
3.1
The Marketplace enables private individual users and business users to build an international payment order, receive live exchange rate quotes and book transactions.
3.2
By accepting these Terms of Service, you accept and agree that, when we have compiled a full Client Profile, including but not limited to all personal / business background information and all supporting documents adequately required within the account activation process, we will forward the full Client Profile securely to the relevant Regulated Payment Partners, from the list detailed in Clause 8.6.
3.2.1
The Regulated Payment Partner will conduct standard due diligence checks including, but not limited to, Know Your Client (KYC) and Anti-Money Laundering, for the purposes of client onboarding.
3.2.2
Acceptance and activation of any User is at the sole discretion of the Regulated Payment Partner.
3.2.3
When the Regulated Payment Partner activates your account, you can only access this service via The Marketplace. CurrencyTransfer log-in details do not provide direct access to any Regulated Payment Partner online platform.
3.3
We are not a foreign exchange broker or intermediary or Money Service Business (MSB) 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 originated by means of The Marketplace.
3.4
Transactions booked via The Marketplace are booked directly with the Regulated Payment Partner. By accepting these Terms of Service, you agree, by extension, to the Terms & Conditions of the Regulated Payment Partners, listed and provided by link, in Clause 8.6.
3.4.1
At the point of booking every transaction, where you agree to enter a legally binding contract directly with the Regulated Payment Partner, you will accept their specific Terms & Conditions once again.
3.4.1
Transactions booked via The Marketplace are booked directly with the Regulated Payment Partner. We have agreements with all Regulated Payment Partners to earn a fee from every transaction booked via The Marketplace.
4.
Acceptance of terms of service
4.1
By using The Marketplace and/or the Website, you accept and agree to be bound by these Terms of Service.
4.2
Where acting on behalf of a Business, by accepting to be bound by these Terms of Service, you confirm that you have the necessary authority or permission to register the Business for the Service. Where we find this not to be the case, we will seek confirmation from an authorised Director before progressing the application.
4.3
We 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.
4.3
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 all changes.
4.4
At any time you can review the most current version of our Terms of Service by clicking on the “Terms of Service” link located at the bottom of the website at www.CurrencyTransfer.com. The most current version displayed on that page will supersede all previous versions.
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 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.
6.1
By using the Website and / or The 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.
6.2
You agree and undertake to keep your user login details, User Login ID’s 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.
6.2.1
In the event that you want to grant another individual access to your account, you agree to set that individual up as an authorised user and grant them the necessary permissions on your account, as you see fit.
6.3
You 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 jeopardise 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 The Marketplace;
b)
attempt to gain access to secured portions of the Website and / or The 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 The Marketplace;
e)
resell or export the software associated with the Website or The Marketplace;
f)
use the Website to generate unsolicited advertisements or spam; or
g)
use any automatic or manual process to search or harvest information from the Website or The Marketplace, or to interfere in any way with the proper functioning of the Website or The Marketplace.
6.4
You further agree to use the Website and The Marketplace only for lawful purposes.
6.5
From time to time you may find links to third party websites on the Website. These links are provided for your information only and are not recommended by CurrencyTransfer. CurrencyTransfer has no control over the content of third party sites and accepts no responsibility or liability for them or for any loss or damage that may arise from your use of them. When accessing a third-party website, you are advised to check such website’s terms of service and privacy policy to ensure compliance with applicable laws.
7.1
In providing you with access to the Website and The Marketplace, CurrencyTransfer reserves the following rights, and in accessing, browsing or otherwise using the Website you grant to CurrencyTransfer and agree that we shall have the following rights:
a)
the right to refuse or withdraw your access to the Website or The Marketplace in accordance with applicable laws for any reason at any time (with or without notice) if in our 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.
8.1
You further agree to use the Website and The Marketplace only for lawful purposes.
8.2
Trade Information derived from any trade that you execute through one of our contributing foreign exchange companies will belong to the Regulated Payment Partner. As part of our relationship with our panel of Regulated Payment Partners, 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;
b)
improving our services to you by tailoring the Website or The Marketplace to your requirements.
8.3
Each time you trade with one of any Regulated Payment Partner on The Marketplace, you give permission for the Regulated Payment Partner to disclose personal information and transactional information to us for the reasons given above.
8.4
Following the principle of adequacy (or data minimisation), we will only request the personal data, or business related data, required in relation to delivering the Service.
8.5
We may share some/all of the data you provide in your application with third-party companies for the purposes of:
a)
electronically verifying the information you have provided; and
b)
sourcing further information, as part of the account on-boarding process.
c)
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 of Service, 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.
8.6
We will provide all necessary cooperation to enable the Regulated Payment Partners to deliver their regulatory requirements. Where necessary, you will be contacted to provide certain additional documents to complete the AML/KYC checks required by our Regulated Payment Partners.
8.7
We may share some/all of the data you provide in your application with third-party companies for the purposes of:
Global (excluding EEA)
Business clients
Global (excluding EEA)
Private clients
Global (excluding EEA)
All clients
8.8
Both CurrencyTransfer and the Regulated Payment Partner are responsible for ensuring that Personal Data, collected for the purpose of delivering the Service, is collected and processed in accordance with the relevant Data Protection Laws.
8.9
Where Personal Data is transferred outside the European Economic Area (or, following the withdrawal of the United Kingdom from the European Union, outside the United Kingdom) we will ensure all measures necessary are in place to ensure that any such transfers have adequate protections in place, as set out in the relevant Data Protection Laws.
8.10
You will keep us up to date with any change to your Personal Data and will provide updated Personal Data as soon as possible following any such update and in any case upon request.
9.
Acceptance of terms of service
9.1
By using The Marketplace and/or the Website, you accept and agree to be bound by these Terms of Service.
9.2
Where acting on behalf of a Business, by accepting to be bound by these Terms of Service, you confirm that you have the necessary authority or permission to register the Business for the Service. Where we find this not to be the case, we will seek confirmation from an authorised Director before progressing the application.
9.3
We 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.
9.4
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 all changes.
9.5
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 all changes.
9.6
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 all changes.
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 The 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 currencytransfer.com.
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 The Marketplace, in any manner or in any quantities not authorised in writing by CurrencyTransfer.com.
10.
Regulated Payment Partners
10.1
We take steps to vet Regulated Payment Partners before allowing them onto The Marketplace and we use reasonable endeavours to ensure that any Money Service Business on The Marketplace is fully Authorised by the FCA, or similarly regulated in its relevant operational territories.
10.2
When you choose to book a currency transaction, you accept the Regulated Payment Partner’s Terms & Conditions and you enter into a direct contractual relationship with the Regulated Payment Partner. For the avoidance of doubt, CurrencyTransfer does not provide underlying Payment Service and CurrencyTransfer is not a party to the contract you enter with the Regulated Payment Partner. CurrencyTransfer does not have any obligation (whether express or implied) under such contract. CurrencyTransfer has no responsibility whatsoever for the physical delivery of currency to your designated beneficiaries.
10.3
Your interaction with any Regulated Payment Partner 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.
10.4
In the event that you have a dispute with any Regulated Payment Partner or other user of the Website or The Marketplace, you hereby release CurrencyTransfer, 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 The Marketplace and/or the Website.
10.5
CurrencyTransfer shall not be liable to you in the event that any Regulated Payment Partner refuses to honour any quote through The Marketplace.
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.
11.2
We have made two-factor authentication (2FA) available for everyone on the Platform. This provides an extra layer of security for accessing services and provides additional evidence to the password alone, meaning attackers with a stolen password cannot access the online service and therefore we strongly recommend that all users activate this additional security feature. You are able to skip the activation and access the services without enabling 2FA, but in so doing you will accept full liability for the financial implications of any fraudulent transactions that occur without 2FA enabled on your account.
12.
Electronic communications
12.1
By using the Website and/or The Marketplace and/or material provided through the Website and/or via the Services, you consent to receiving electronic communications and notices from CurrencyTransfer. 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.
13.1
You provide us with information when you register as a user on The Marketplace. For the purpose of submitting your compliance application pack as part of our multi-broker introducer service, we may collect information both relating to you (for example on your previous trade history) and your business. Any information that you submit or that we collect when you are using the Website or The Marketplace is subject to the CurrencyTransfer Privacy Policy, the terms of which are hereby incorporated into these Terms of Service.
14.
No warranty & liability limit
14.1
CurrencyTransfer.com provides The Marketplace and Website “as is” and without any warranty or condition, whether express, implied or statutory. CurrencyTransfer specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. CurrencyTransfer 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 CurrencyTransfer, 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. CurrencyTransfer does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of CurrencyTransfer. 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.
14.4
Wou acknowledge and agree that CurrencyTransfer is not responsible for the accuracy of any information published on the Website or The Marketplace and does not warrant that any information appearing on the Website or The Marketplace is accurate, true or complete. In particular, CurrencyTransfer is not responsible if incorrect quotes are published on the Website or The Marketplace. If you believe that any information appearing on the Website or The Marketplace is incorrect, you should inform CurrencyTransfer 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. CurrencyTransfer 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
CurrencyTransfer.com 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 CurrencyTransfer that your use and access of the Website or The Marketplace is in compliance with all applicable local laws.
15.1
You agree to indemnify and hold CurrencyTransfer 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 reasonable attorneys’ 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, our advertising or any related transaction between you and CurrencyTransfer 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
CurrencyTransfer.com 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 CurrencyTransfer with respect to the subject matter hereof.
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.
19.1.1
This offer is only open to existing CurrencyTransfer clients with an active account and who are 18 years of age or older.
19.1.2
Referrals will only be considered valid where they have been referred by a tracked link, using the client’s individual token, available from their personal dashboard.
19.1.3
Eligibility for the reward is not contingent on the currency pair traded. As long as the value of the transfer is equivalent to minimum £5,000 the client will be rewarded.
19.1.4
The Referrer and Referred cannot reside at the same address.
19.1.5
This offer excludes CurrencyTransfer employees, referring partners (current affiliates and their employees) and also excludes the referral of employees registering via their employer’s benefit scheme.
19.1.6
If the Referrer is not allowed, for any reason, to receive these rewards or will unfairly or illegally benefit from receiving these rewards, then they must not do so.
19.2.1
Payments will be sent within 60 days of the qualifying trade made by the referred client.
19.2.2
There is no limit to the number of referrals you make.
19.2.3
Any reward earned will only be valid for 12 months from the date of successful referral. We will consider your reward(s) unclaimed if you still haven’t indicated the beneficiary details after this period. Any unclaimed reward will be removed from the Referrer’s account.
19.3.1
CurrencyTransfer is entitled to alter or suspend the “Refer & Earn” promotion and its rules at any time.
19.3.2
This offer is not available in conjunction with any other offer.
19.3.3
Any decisions regarding the validity of referrals are at the discretion of CurrencyTransfer Ltd.
19.3.4
This offer is promoted by CurrencyTransfer Ltd (Registered number: 8806732) 1st Floor, 7-10 Chandos Street, London W1G 9DQ.
20.1
If you have any questions about these Terms of Service or the use of the Website and/or The Marketplace, please contact us at:
[email protected]