Terms of use

Last updated: 08/01/2018

This page (together with the documents referred to on it) tells you the terms of use (“Terms of Use”) on which you may make use of our website (which includes any microsites or subsections of this website which are hosted within our web environment) www.alphafx.co.uk (the “Website”). These Terms of Use also apply to your use of any electronic system or interface that we provide to you through our Website (the “Online Platform”). Please read these Terms of Use carefully before you start to use our Website. By using our Website including, without limitation, our Online Platform you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Website.

Information about us

www.alphafx.co.uk is a website operated by Alpha FX Ltd, (“we”, “us” or “our”). We are a private limited company, registered in the United Kingdom with company number 05108142. Our registered office is at Alpha FX Limited, 2 Eastbourne Terrace, Paddington, London W2 6LG.

Alpha FX Ltd is authorised and regulated by the Financial Conduct Authority under the Payment Services Regulations 2009 (firm reference number 752255) and regulated as a Money Service Business with HM Revenue and Customs (registration number MSB12499476).

Other applicable terms

These Terms of Use refer to our Privacy Policy, which also applies to your use of our Website. By using our Website, you consent to the terms and conditions of our privacy policy and you warrant that all data provided by you is accurate.

Accessing our Website

Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We will not be liable if for any reason our Website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Website.

Subject to your compliance with these Terms of Use, we grant you permission to use our Website, provided that: (a) use of our Website is solely for your personal use, and you are not permitted to resell or charge others for use of or access to our Website, or to use our Website in any other manner inconsistent with these Terms of Use; (b) you will not duplicate, transfer, give access to, copy or distribute any part of our Website in any medium without our prior written authorisation; and (c) you will otherwise comply with the terms and conditions of these Terms of Use and our privacy policy.

If you are accessing our Website on behalf of an organisation, these Terms of Use will apply to and be binding on your organisation. You confirm that you have the requisite authority to bind your organisation to these Terms of Use.

If you are an individual you confirm that you are over 18 years of age and are fully competent to enter into and comply with these Terms of Use and our privacy policy.

Eligibility Criteria to become a client of Alpha FX

To become a client of Alpha FX (“Client”), you must meet our eligibility criteria.
If you meet our eligibility criteria you will be able to become a Client and use the services provided through our Website. As part of our on-boarding process we may carry out anti-money laundering checks on you.

Your Username and Password

When you become a Client, as part of our security procedures, you will choose, or be provided with, a user name and password. You must treat such information as confidential and must not disclose it to any third party.

When you use our services through our Website we will check your identity by asking for your user name and password. If the correct user name and password are provided, we will assume that you are the person giving instructions and making transactions. You will therefore be liable for such instructions and transactions.

We have the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us at info@alphafx.co.uk.

We may refuse to act on any instruction that we believe:

  • was not submitted by you;
  • is not clear;
  • might cause us to breach a legal or other duty; or
  • suggests that our Website is being used for an illegal purpose or a purpose that is in breach of our regulatory obligations.

Our Website changes regularly

We aim to update our Website regularly, and (provided such changes do not adversely affect you) may change the content at any time without notice by posting such changes on our Website. If the need arises, we may suspend access to our Website, or close it indefinitely without notice. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material. We do not guarantee that our Website, or any content on it, will be free from errors or omissions.

Termination of your Client account

Following our termination of your Client account, you will no longer be able to access our services through the Website. However, we will continue to maintain records regarding you to the extent that we are required by law to do so.

Our liability

Except as expressly stated in these Terms of Use, we do not give any representations, warranties or undertakings in relation to our Website.

You agree that the material downloaded or otherwise accessed through the use of our Website is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data.

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude our liability under or in connection with these Terms of Use and/or your use of our Website whether in contract, tort (including negligence) or otherwise. This does not apply to the types of loss set out below.

Nothing in these Terms of Use shall limit or exclude our liability for:

  • death or personal injury resulting from our negligence;
  • fraud or fraudulent misrepresentation; or
  • any other liability that cannot be excluded or limited by English law.

Intellectual property rights

We or our licensees are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

The content on our Website is for your individual use and is not intended for distribution to or sharing with others. The information provided is tailored to you and may not therefore be applicable or useful to third parties. Under no circumstances are you to remove any copyright notices displayed on our Website.

Reliance on information posted

Commentary, information and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

Uploading content to our Website

Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards which we upload to our Website from time to time.

You warrant that any such contribution complies with those standards, and you will be liable to us and indemnify us for any breach of this warranty.

Any content you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

We also have the right to disclose your identity to any third party who claims that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website.

We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with our content standards.

The views expressed by other users on our Website do not represent our views or values.

Viruses, hacking and other offences

In the event that you knowingly place viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful on to our Website, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

Linking to and from our Website

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards which we upload to our Website from time to time.

Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Website, although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of Use 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) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we may have made as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website.

Your concerns

If you have any concerns about material which appears on our Website, please contact us at info@alphafx.co.uk.

Third party rights

This agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Waiver

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.