Terms & Conditions
These terms and conditions regulate the business relationship between you and us.
When you buy from us, you agree to be bound by them.
No person under the age of 18 years may purchase Services. If you are under 18,
please ask an adult for help with your purchase.
We are: FxNet
Our address is: 9 Devonshire Square,London,UK EC2M 4YF
You are: a visitor to Our Website / our customer
The terms and conditions
1 Definitions
In this agreement:
“Consumer” means any natural person who, in connection with this
agreement, is acting for purposes which are outside his
business;
“Our Website” means the entire computing hardware and software
installation that is or supports Our Website.
“Services” means any of the services we offer for sale on our Website
and include generally available updates and support
services so far as specified for each service.
“Content” means any material in any form published on Our Website
by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website
2 Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and
2.2 in any event to you as a buyer or prospective buyer of our Services.
2.3 We shall accept your order by e-mail confirmation. That is when our
contract is made. Our message will also confirm details of your purchase
and tell you when we shall despatch your order.
2.4 Unfortunately, we cannot guarantee that every Service advertised on our
website is available. If at any time a Service for which you have paid
becomes unavailable, we will immediately refund any money you have
paid. Our refund will cover the period of unavailability and not any period
for which Services have been available.
2.5 We may change these terms from time to time. The terms that apply to
you are those posted here on Our Website on the day you order Services.
2.6 If in future, you buy Services from us under any arrangement which does
not involve your payment via Our Website, these terms still apply so far as
they can be applied.
2.7 If we owe you money (for this or any other reason), we will credit your
credit or debit card as soon as reasonably practicable but in any event no
later than 30 days from the date of your order.
3 Your account with us
3.1 You agree that you have provided, and will continue to provide accurate,
up to date, and complete information about yourself. We need this
information to provide you with the Services.
3.2 If you use the website, you are responsible for maintaining the
confidentiality of your account and password and for preventing any
unauthorised person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your
account or password. You should tell us immediately if you believe some
person has accessed your account without your authority and also log in
to your account and change your password.
4 Price, payment and service provision
4.1 It is possible that the price may have increased from that posted on our
Website. If that happens, we will not provide the Services until you have
confirmed that you wish to order at the new price.
4.2 You agree to pay the monthly charge for the Services, from the credit
card, information for which you have or will have supplied to us. You
authorise us to arrange withdrawal of funds on this card each month
without further reference to you.
4.3 Payments are billed in advance at the beginning of each month.
4.4 Our Services will be provided by email / making them available for you to
download / in the way we have explained in our Website.
4.5 If we are not able to provide your Services within [10] days of the date of
your order, we shall notify you by e-mail to tell you the likely provision
date.
4.6 Once Service provision has started, you may cancel the Services at any
time on giving us 21 clear days notice. Payment will be due until the
expiry of the notice period.
4.7 We may change the nature or provision of the Services at any time. We
may tell you about any such change by email or by posting details on Our
Website.]
4.8 If we change the nature or provision of the Services, you may terminate
this contract.
4.9 If a change we make in the provision of the Services, involves action on
your part, and you do not take that action, we are entitled to terminate the
Services to you without notice.
4.10 You may not share or allow others to use the Services in your name.
4.11 We will do our best to maintain Our Website so that you have constant
use, but there will be times when your use may be interrupted.
Interruption to the Services for reasonable periods for maintenance or
causes beyond our control is not a ground for repayment of money you
have paid. When we are aware of the likelihood of down time, we will tell
you in advance.
5 Cancellation of order
5.1 If you are a citizen of the European Union, and you are buying as a
consumer, you may cancel your order for the Services at any time before
the expiry of 7 working days from the date of order, not including the day
you ordered.
5.2 We will refund your money within 30 days.
5.3 This paragraph does not affect your rights in the event that you have a
genuine and valid complaint about the way have provided the Services to
you.
6 Foreign taxes, duties and import restrictions
6.1 If you are not in the UK, we have no knowledge of, and no responsibility
for, the laws in your country.
6.2 You are responsible for purchasing Services which you are lawfully able
to import or use and for the payment of import duties and taxes of any
kind levied in your country.
7 Dissatisfaction with the Services
7.1 Our most important task is to ensure your absolute satisfaction. We will
always strive to reach that target. However, we acknowledge that
mistakes are made occasionally. This paragraph covers that possibility. If
you are not wholly satisfied with the Product, please tell us at the earliest
opportunity:
7.1.1 exactly why you think we have failed;
7.1.2 the date, if relevant, of the failure;
7.1.3 when and how you discovered the failure;
7.1.4 the result of the failure;
7.1.5 your suggestion as to action we should take to resolve the
situation and restore your faith in us.
7.2 To do this, it is essential that you contact us by email at the Contact Point
on Our Website.
8 Disclaimers
8.1 We or our Content suppliers may make improvements or changes to Our
Website, the Content, or to any of the Services, at any time and without
advance notice.
8.2 You are advised that Content may include technical inaccuracies or
typographical errors. This is inevitable in any large website. We would be
grateful if you bring to our immediate attention, any that you find.
8.3 We give no warranty and make no representation, express or implied, as
to:
8.3.1 the adequacy or appropriateness of the Services for your purpose;
8.3.2 the truth of any Content on Our Website published by someone
other than us;
8.3.3 any implied warranty or condition as to merchantability or fitness of
the Services for a purpose other than that for which the Services
are commonly used;
8.3.4 compatibility of Our Website with your equipment, software or
telecommunications connection.
8.4 Our Website contains links to other Internet websites outside our power
and control. You acknowledge and agree that we shall not be liable in
any way for the Content of any such linked website, nor for any loss or
damage arising from your use of any such website.
8.5 We are not liable in any circumstances for special, indirect or
consequential loss or any damages whatsoever resulting from loss of
use, loss of data or loss of revenues or profits, whether in an action of
contract, negligence or otherwise, arising out of or in connection with
your use of Our Website or the purchase of Services.
8.6 In any event, including the event that any term or condition or obligation
on our part (“Implied Term”) is implied into these conditions by law, then
our liability is limited to the maximum extent permitted by law, to the value
of the goods or services you have purchased.
8.7 The above two sub paragraphs do not apply to a claim for personal injury.
9 Your Material
9.1 If you post any Material in Our Website, you warrant that you own the
copyright in it and you accept all risk and responsibility for it. You grant to
us the right to edit, copy, publish, distribute, translate and otherwise use it
in any medium and for any purpose.
9.2 You agree that if you do post any Material on Our Website, in doing so,
you grant to us a non-exclusive, irrevocable, royalty-free, right in
perpetuity to use that Material in any way whatever, throughout the World
in any medium. You agree to waive your right to be identified as the
author and your right to object to derogatory treatment of your Material.
9.3 You agree to perform all further acts necessary to perfect any of the
above rights granted by you to us, including the execution of deeds and
documents, at our request.
9.4 You represent and warrant that:
9.4.1 you own the rights to all of the Material that you post;
9.4.2 any fact stated in your Material is accurate;
10 System Security
10.1 You agree that you will not, and will not allow any other person to violate
or attempt to violate any aspect of the security of Our Website.
10.2 You may not use any software tool for the purpose of extracting data from
our website.
10.3 You understand that any such violation is unlawful in many jurisdictions
and that any contravention of law may result in criminal prosecution.
11 Acceptable use Policy
As a condition of your use of Our Website, you agree to comply with these
provisions:
11.1 You will not use or allow anyone else to use the Web Site to post or
otherwise publish:
11.1.1 copyright works;
11.1.2 commercial audio, video or music files;
11.1.3 any Material which violates the law of any established jurisdiction;
11.1.4 unlicensed software;
11.1.5 software which assists in or promotes: emulators, phishing,
hacking, password cracking, IP spoofing;
11.1.6 links to any of the material specified in this paragraph;
11.1.7 pornographic Material;
11.1.8 any Material promoting discrimination or animosity to any person
on grounds of gender, race or colour.
11.2 You will not use the Services for spamming. Spamming includes, but is
not limited to:
11.2.1 The bulk sending of unsolicited messages, or the sending of
unsolicited emails which provoke complaints from recipients;
11.2.2 The sending of junk mail;
11.2.3 The use of distribution lists that include people who have not
given specific permission to be included in such distribution
process;
11.2.4 Excessive and repeated posting off-topic messages to
newsgroups;
11.2.5 Excessive and repeated cross-posting;
11.2.6 Email harassment of another Internet user, including but not
limited to, transmitting any threatening, libellous or obscene
Material, or Material of any nature which could be deemed to be
offensive;
11.2.7 The emailing of age inappropriate communications or content to
anyone under the age of 18.
12 Confidential Information and Intellectual Property Rights
12.1 You agree to keep safe the Confidential Information and not to disclose
or make available for disclosure to any person, any part of it.
12.2 We will defend the intellectual property rights in connection with our
Product and Our Website, including copyright in the Content whether
provided by us or by any other content provider (including copyright in:
text, graphics, logos, icons, images, audio clips, digital downloads, data,
and software).
12.3 We also claim copyright in the designs and compilation of all Content of
Our Website. Title, ownership rights, and shall remain the sole property of
us and / or the other content provider. We will strongly protect those
rights in all countries.
12.4 Except as set out below, you may not copy, modify, publish, transmit,
transfer or sell, reproduce, create derivative works from, distribute,
perform, display, or in any way exploit any of the Content, in whole or in
part.
12.5 You may not use our name or logos or trade marks or any other Content
on any website of yours or that of any other person.
12.6 Subject to the other terms of this agreement, you may download or copy
Content only for your own personal use, provided that you maintain all
copyright and other notices contained in it. You may not store
electronically any significant portion of any Content.
13 Your email address
13.1 You represent that any username or email address selected by you, when
used alone or combined with a second or third level domain name, does
not interfere with the rights of any third party and has not been selected
for any unlawful purpose.
13.2 You acknowledge and agree that if we believe such selection does
interfere with the rights of any third party or is being selected for any
unlawful purpose, we may immediately suspend the use of such name or
email address, and you will indemnify us for any claim or demand that
arises out of your selection.
13.3 You acknowledge and agree that we shall not be liable to you in the
event that we are ordered or required by a court or judicial authority, to
desist from using or permitting the use of a particular domain name as
part of a name or email address.
14 Indemnity
You agree to indemnify us against any claim or demand, including reasonable
lawyers’ fees, made by any third party due to or arising in any way out of your
use of Our Web Site, your posting any Material, or the infringement by you, or by
any other person using your computer, of any intellectual property or other right
of any person.
15 Miscellaneous provisions
15.1 When we communicate with you we do so by email. You agree that email
communications are contractually binding in the same way as properly
signed and dated paper sent by post.
15.2 Where we provide goods or services without specific charge to you, then
it (or they) is deemed to be provided free of charge, and not to be
associated with any other goods or service for which a charge is made.
Accordingly, there is no contractual nor other obligation upon us in
respect of those goods or service.
15.3 Nothing in this agreement or on Our Website shall confer on any third
party any benefit under the provisions of the Contracts (Rights of Third
Parties) Act 1999.
15.4 If any of these terms is at any time held by any jurisdiction to be void,
invalid or unenforceable, then it shall be treated as changed or reduced,
only to the extent minimally necessary to bring it within the laws of that
jurisdiction and to prevent it from being void and it shall be binding in that
changed or reduced form. Subject to that, each provision shall be
interpreted as severable and shall not in any way affect any other of
these terms.
15.5 No waiver by us, in exercising any right, power or provision in this
agreement shall operate as a waiver of any other right or of that same
right at a future time; nor shall any delay in exercise of any power or right
be interpreted as a waiver.
15.6 In the event of a dispute arising out of or in connection with these terms
or any contract between you and us, then you agree to attempt to settle
the dispute by engaging in good faith with us in a process of mediation
before commencing arbitration or litigation.
15.7 We are not liable for any breach of our obligations resulting from causes
beyond our reasonable control including strikes of our own employees.
15.8 This Agreement shall be governed by and construed in accordance with
the law of England. This agreement shall not be governed by the United
Nations Convention on Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded.
When you buy from us, you agree to be bound by them.
No person under the age of 18 years may purchase Services. If you are under 18,
please ask an adult for help with your purchase.
We are: FxNet
Our address is: 9 Devonshire Square,London,UK EC2M 4YF
You are: a visitor to Our Website / our customer
The terms and conditions
1 Definitions
In this agreement:
“Consumer” means any natural person who, in connection with this
agreement, is acting for purposes which are outside his
business;
“Our Website” means the entire computing hardware and software
installation that is or supports Our Website.
“Services” means any of the services we offer for sale on our Website
and include generally available updates and support
services so far as specified for each service.
“Content” means any material in any form published on Our Website
by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website
2 Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and
2.2 in any event to you as a buyer or prospective buyer of our Services.
2.3 We shall accept your order by e-mail confirmation. That is when our
contract is made. Our message will also confirm details of your purchase
and tell you when we shall despatch your order.
2.4 Unfortunately, we cannot guarantee that every Service advertised on our
website is available. If at any time a Service for which you have paid
becomes unavailable, we will immediately refund any money you have
paid. Our refund will cover the period of unavailability and not any period
for which Services have been available.
2.5 We may change these terms from time to time. The terms that apply to
you are those posted here on Our Website on the day you order Services.
2.6 If in future, you buy Services from us under any arrangement which does
not involve your payment via Our Website, these terms still apply so far as
they can be applied.
2.7 If we owe you money (for this or any other reason), we will credit your
credit or debit card as soon as reasonably practicable but in any event no
later than 30 days from the date of your order.
3 Your account with us
3.1 You agree that you have provided, and will continue to provide accurate,
up to date, and complete information about yourself. We need this
information to provide you with the Services.
3.2 If you use the website, you are responsible for maintaining the
confidentiality of your account and password and for preventing any
unauthorised person from using your computer.
3.3 You agree to accept responsibility for all activities that occur under your
account or password. You should tell us immediately if you believe some
person has accessed your account without your authority and also log in
to your account and change your password.
4 Price, payment and service provision
4.1 It is possible that the price may have increased from that posted on our
Website. If that happens, we will not provide the Services until you have
confirmed that you wish to order at the new price.
4.2 You agree to pay the monthly charge for the Services, from the credit
card, information for which you have or will have supplied to us. You
authorise us to arrange withdrawal of funds on this card each month
without further reference to you.
4.3 Payments are billed in advance at the beginning of each month.
4.4 Our Services will be provided by email / making them available for you to
download / in the way we have explained in our Website.
4.5 If we are not able to provide your Services within [10] days of the date of
your order, we shall notify you by e-mail to tell you the likely provision
date.
4.6 Once Service provision has started, you may cancel the Services at any
time on giving us 21 clear days notice. Payment will be due until the
expiry of the notice period.
4.7 We may change the nature or provision of the Services at any time. We
may tell you about any such change by email or by posting details on Our
Website.]
4.8 If we change the nature or provision of the Services, you may terminate
this contract.
4.9 If a change we make in the provision of the Services, involves action on
your part, and you do not take that action, we are entitled to terminate the
Services to you without notice.
4.10 You may not share or allow others to use the Services in your name.
4.11 We will do our best to maintain Our Website so that you have constant
use, but there will be times when your use may be interrupted.
Interruption to the Services for reasonable periods for maintenance or
causes beyond our control is not a ground for repayment of money you
have paid. When we are aware of the likelihood of down time, we will tell
you in advance.
5 Cancellation of order
5.1 If you are a citizen of the European Union, and you are buying as a
consumer, you may cancel your order for the Services at any time before
the expiry of 7 working days from the date of order, not including the day
you ordered.
5.2 We will refund your money within 30 days.
5.3 This paragraph does not affect your rights in the event that you have a
genuine and valid complaint about the way have provided the Services to
you.
6 Foreign taxes, duties and import restrictions
6.1 If you are not in the UK, we have no knowledge of, and no responsibility
for, the laws in your country.
6.2 You are responsible for purchasing Services which you are lawfully able
to import or use and for the payment of import duties and taxes of any
kind levied in your country.
7 Dissatisfaction with the Services
7.1 Our most important task is to ensure your absolute satisfaction. We will
always strive to reach that target. However, we acknowledge that
mistakes are made occasionally. This paragraph covers that possibility. If
you are not wholly satisfied with the Product, please tell us at the earliest
opportunity:
7.1.1 exactly why you think we have failed;
7.1.2 the date, if relevant, of the failure;
7.1.3 when and how you discovered the failure;
7.1.4 the result of the failure;
7.1.5 your suggestion as to action we should take to resolve the
situation and restore your faith in us.
7.2 To do this, it is essential that you contact us by email at the Contact Point
on Our Website.
8 Disclaimers
8.1 We or our Content suppliers may make improvements or changes to Our
Website, the Content, or to any of the Services, at any time and without
advance notice.
8.2 You are advised that Content may include technical inaccuracies or
typographical errors. This is inevitable in any large website. We would be
grateful if you bring to our immediate attention, any that you find.
8.3 We give no warranty and make no representation, express or implied, as
to:
8.3.1 the adequacy or appropriateness of the Services for your purpose;
8.3.2 the truth of any Content on Our Website published by someone
other than us;
8.3.3 any implied warranty or condition as to merchantability or fitness of
the Services for a purpose other than that for which the Services
are commonly used;
8.3.4 compatibility of Our Website with your equipment, software or
telecommunications connection.
8.4 Our Website contains links to other Internet websites outside our power
and control. You acknowledge and agree that we shall not be liable in
any way for the Content of any such linked website, nor for any loss or
damage arising from your use of any such website.
8.5 We are not liable in any circumstances for special, indirect or
consequential loss or any damages whatsoever resulting from loss of
use, loss of data or loss of revenues or profits, whether in an action of
contract, negligence or otherwise, arising out of or in connection with
your use of Our Website or the purchase of Services.
8.6 In any event, including the event that any term or condition or obligation
on our part (“Implied Term”) is implied into these conditions by law, then
our liability is limited to the maximum extent permitted by law, to the value
of the goods or services you have purchased.
8.7 The above two sub paragraphs do not apply to a claim for personal injury.
9 Your Material
9.1 If you post any Material in Our Website, you warrant that you own the
copyright in it and you accept all risk and responsibility for it. You grant to
us the right to edit, copy, publish, distribute, translate and otherwise use it
in any medium and for any purpose.
9.2 You agree that if you do post any Material on Our Website, in doing so,
you grant to us a non-exclusive, irrevocable, royalty-free, right in
perpetuity to use that Material in any way whatever, throughout the World
in any medium. You agree to waive your right to be identified as the
author and your right to object to derogatory treatment of your Material.
9.3 You agree to perform all further acts necessary to perfect any of the
above rights granted by you to us, including the execution of deeds and
documents, at our request.
9.4 You represent and warrant that:
9.4.1 you own the rights to all of the Material that you post;
9.4.2 any fact stated in your Material is accurate;
10 System Security
10.1 You agree that you will not, and will not allow any other person to violate
or attempt to violate any aspect of the security of Our Website.
10.2 You may not use any software tool for the purpose of extracting data from
our website.
10.3 You understand that any such violation is unlawful in many jurisdictions
and that any contravention of law may result in criminal prosecution.
11 Acceptable use Policy
As a condition of your use of Our Website, you agree to comply with these
provisions:
11.1 You will not use or allow anyone else to use the Web Site to post or
otherwise publish:
11.1.1 copyright works;
11.1.2 commercial audio, video or music files;
11.1.3 any Material which violates the law of any established jurisdiction;
11.1.4 unlicensed software;
11.1.5 software which assists in or promotes: emulators, phishing,
hacking, password cracking, IP spoofing;
11.1.6 links to any of the material specified in this paragraph;
11.1.7 pornographic Material;
11.1.8 any Material promoting discrimination or animosity to any person
on grounds of gender, race or colour.
11.2 You will not use the Services for spamming. Spamming includes, but is
not limited to:
11.2.1 The bulk sending of unsolicited messages, or the sending of
unsolicited emails which provoke complaints from recipients;
11.2.2 The sending of junk mail;
11.2.3 The use of distribution lists that include people who have not
given specific permission to be included in such distribution
process;
11.2.4 Excessive and repeated posting off-topic messages to
newsgroups;
11.2.5 Excessive and repeated cross-posting;
11.2.6 Email harassment of another Internet user, including but not
limited to, transmitting any threatening, libellous or obscene
Material, or Material of any nature which could be deemed to be
offensive;
11.2.7 The emailing of age inappropriate communications or content to
anyone under the age of 18.
12 Confidential Information and Intellectual Property Rights
12.1 You agree to keep safe the Confidential Information and not to disclose
or make available for disclosure to any person, any part of it.
12.2 We will defend the intellectual property rights in connection with our
Product and Our Website, including copyright in the Content whether
provided by us or by any other content provider (including copyright in:
text, graphics, logos, icons, images, audio clips, digital downloads, data,
and software).
12.3 We also claim copyright in the designs and compilation of all Content of
Our Website. Title, ownership rights, and shall remain the sole property of
us and / or the other content provider. We will strongly protect those
rights in all countries.
12.4 Except as set out below, you may not copy, modify, publish, transmit,
transfer or sell, reproduce, create derivative works from, distribute,
perform, display, or in any way exploit any of the Content, in whole or in
part.
12.5 You may not use our name or logos or trade marks or any other Content
on any website of yours or that of any other person.
12.6 Subject to the other terms of this agreement, you may download or copy
Content only for your own personal use, provided that you maintain all
copyright and other notices contained in it. You may not store
electronically any significant portion of any Content.
13 Your email address
13.1 You represent that any username or email address selected by you, when
used alone or combined with a second or third level domain name, does
not interfere with the rights of any third party and has not been selected
for any unlawful purpose.
13.2 You acknowledge and agree that if we believe such selection does
interfere with the rights of any third party or is being selected for any
unlawful purpose, we may immediately suspend the use of such name or
email address, and you will indemnify us for any claim or demand that
arises out of your selection.
13.3 You acknowledge and agree that we shall not be liable to you in the
event that we are ordered or required by a court or judicial authority, to
desist from using or permitting the use of a particular domain name as
part of a name or email address.
14 Indemnity
You agree to indemnify us against any claim or demand, including reasonable
lawyers’ fees, made by any third party due to or arising in any way out of your
use of Our Web Site, your posting any Material, or the infringement by you, or by
any other person using your computer, of any intellectual property or other right
of any person.
15 Miscellaneous provisions
15.1 When we communicate with you we do so by email. You agree that email
communications are contractually binding in the same way as properly
signed and dated paper sent by post.
15.2 Where we provide goods or services without specific charge to you, then
it (or they) is deemed to be provided free of charge, and not to be
associated with any other goods or service for which a charge is made.
Accordingly, there is no contractual nor other obligation upon us in
respect of those goods or service.
15.3 Nothing in this agreement or on Our Website shall confer on any third
party any benefit under the provisions of the Contracts (Rights of Third
Parties) Act 1999.
15.4 If any of these terms is at any time held by any jurisdiction to be void,
invalid or unenforceable, then it shall be treated as changed or reduced,
only to the extent minimally necessary to bring it within the laws of that
jurisdiction and to prevent it from being void and it shall be binding in that
changed or reduced form. Subject to that, each provision shall be
interpreted as severable and shall not in any way affect any other of
these terms.
15.5 No waiver by us, in exercising any right, power or provision in this
agreement shall operate as a waiver of any other right or of that same
right at a future time; nor shall any delay in exercise of any power or right
be interpreted as a waiver.
15.6 In the event of a dispute arising out of or in connection with these terms
or any contract between you and us, then you agree to attempt to settle
the dispute by engaging in good faith with us in a process of mediation
before commencing arbitration or litigation.
15.7 We are not liable for any breach of our obligations resulting from causes
beyond our reasonable control including strikes of our own employees.
15.8 This Agreement shall be governed by and construed in accordance with
the law of England. This agreement shall not be governed by the United
Nations Convention on Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded.