Vance Technologies Limited Terms of use

These Terms of Service constitute a binding and enforceable legal contract between Vance Technologies Limited a limited company incorporated in England with registered number 14378396 and registered address at Profile West, 950 Great West Road, Suite 2, First Floor, Brentford, TW8 9ES, United Kingdom (‚ÄúCompany‚ÄĚ, ‚ÄúVance‚ÄĚ, ‚Äúwe‚ÄĚ, or ‚Äúus‚ÄĚ) and any end user of the Service (‚Äúyou‚ÄĚ, ‚Äúuser‚ÄĚ, ‚Äúyour‚ÄĚ). It contains important information about your rights and obligations. It also contains a disclaimer of warranty and a limitation of liability¬†clause.
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1. ABOUT THESE TERMS OF SERVICE
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  1.1.
These Terms of Service set out the terms on which:
¬†¬†¬†¬†¬†¬†¬†¬†1.1.1. We offer all those services provided through the Vance Mobile App (and any website maintained by us including without limitation the website at www.Vance.tech its subdomains and associated Vance third party services (together, the ‚ÄúPlatform‚ÄĚ)) including without limitation providing you with a venue to aggregate international payment services and book currency exchange transactions from our contributing Regulated Payment Partner(s); and
        1.1.2. you agree to use the Platform provided by us and all those platforms maintained by us.
1.2. Please read this Terms of Service document carefully and make sure that you understand them before using the Platform. If you do not agree to these Terms of Service, you must cease use the Platform with immediate effect.


2. SERVICES
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  2.1.
We provide the Services and operate the Platform. The Platform enable private individual users and business users to build an international payment order, receive live exchange rate quotes and book transactions.
  2.2. 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 Partner(s), from the list detailed in Clause 7.7.
  2.3. The Regulated Payment Partner(s) will conduct standard due diligence checks including, but not limited to, Know Your Client (KYC) and Anti-Money Laundering (AML), for the purposes of your onboarding on the Platform.
  2.4. Acceptance and activation of any User is at the sole discretion of the Regulated Payment Partner(s).
  2.5. When a Regulated Payment Partner(s) activates your account, you can only access this service via Platform. Vance log-in details do not provide direct access to any Regulated Payment Partner(s) online platform.
  2.6. 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 Platform.
  2.7. Transactions booked via Platform 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 Partner(s), listed and provided by link, in Clause 7.7.
  2.8. At the point of booking every transaction, where you agree to enter a legally binding contract directly with the Regulated Payment Partner(s), you will accept their specific Terms & Conditions once again.
  2.9. Transactions booked via Platform are booked directly with the Regulated Payment Partner(s). We have agreement(s) with the Regulated Payment Partner(s) to earn a fee from every transaction booked via Platform.
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3. SERVICES
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  3.1.
By using the Platform, you accept and agree to be bound by these Terms of Service.
  3.2. You represent and warrant that you have full legal capacity and authority to agree and bind yourself to these Terms of Service. If you represent an entity, organisation, or any other legal person, you confirm and represent that you have the necessary power and authority to bind such entity, organisation, or legal person to these Terms of Service.
  3.3. 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 Platform) or by posting a notice on the Platform.
  3.4. By continuing to use the Platform after changes to these Terms of Service are made and notified to you, you agree to be bound by all changes.
¬†¬†3.5. At any time you can review the most current version of our Terms of Service by clicking on the ‚ÄúTerms of Service‚ÄĚ link located at the bottom of the website at www.vance.tech. The most current version displayed on that page will supersede all previous¬†versions.


4. LIMITATIONS ON USE
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  4.1.
You must be at least 18 years old to use the Services or the Platform. If you do not qualify, please do not use the Services or Platform.
  4.2. Should you choose to access the Platform 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.
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5. YOUR CONDUCT
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  5.1. By using the Platform, 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 the Platform;
  5.2. 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 Platform using your login details;
  5.3. 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;
  5.4. You agree not to interfere with the servers or networks connected to the Platform or to violate any of the procedures, policies or regulations of networks connected to the Platform, including these Terms of Service. You also agree not to:
        5.4.1. attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Platform to any third party, or jeopardise the correct functioning of the Platform, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Platform;
        5.4.2. attempt to gain access to secured portions of the Platform to which you do not possess access rights
        5.4.3. impersonate any other person while using the Platform;
        5.4.4. conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Platform;
        5.4.5. resell or export the software associated with the Platform;
        5.4.6. use the Platform to generate unsolicited advertisements or spam; or
        5.4.7. use any automatic or manual process to search or harvest information from the Platform, or to
interfere in any way with the proper functioning of the Platform.
  5.5. You further agree to use the Platform only for lawful purposes.
  5.6. From time to time, you may find links to third party websites on the Platform. These links are provided for your information only and are not recommended by Vance. Vance 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.


6. OUR RIGHTS
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  6.1. In providing you with access to the Platform, Vance reserves the following rights, and in accessing, browsing, or otherwise using the Platform you grant to Vance and agree that we shall have the following rights:
        6.1.1. the right to refuse or withdraw your access to the Platform 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;
        6.1.2. the right to amend or update the Platform from time to time;
        6.1.3. the right to access any or all 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
        6.1.4. 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.

7. OUR RIGHTS
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  7.1. Personal information about you (including without limitation your name, address, email address, telephone number, information found on your passport or driving licence and your likeness) shall at all times belong to you.
  7.2. Trade Information derived from any trade that you execute through one of our contributing foreign exchange companies will belong to the Regulated Payment Partner(s). As part of our relationship with our panel of Regulated Payment Partner(s), they are required to provide us with such trade-related information for the purposes of:
        7.2.1. enabling us to track the amount of commission payments due to us;
        7.2.2. improving our services to you by tailoring the Platform to your requirements;
  7.3. Each time you trade with one of any Regulated Payment Partner(s) on the Platform, you give permission for the Regulated Payment Partner(s) to disclose personal information and transactional information to us for the reasons given above.
  7.4. 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.
  7.5. We may share some/all of the data you provide in your application with third-party companies for the purposes of:
        7.5.1. electronically verifying the information, you have provided;
        7.5.2. sourcing further information, as part of the account on-boarding process;
        7.5.3. 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;
  7.6. We will provide all necessary cooperation to enable the Regulated Payment Partner(s) 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 Partner(s);
  7.7. On completion of a full Client Profile, required by our Regulated Payment Partner(s) to activate your trading account, all of the data you have provided, along with any additional data sourced from the public domain, or third-party data providers to complete a full Client Profile, will be shared with the relevant Regulated Payment Partner(s) to deliver the Service. By accepting these Terms of Service you will, by extension, accept the Terms & Conditions of the Regulated Payment Partner listed below:
  7.8. Both Vance and Rational FX- 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.
  7.9. On completion of a full Client Profile, required by our Regulated Payment Partner(s) to activate your trading account, all of the data you have provided, along with any additional data sourced from the public domain, or third-party data providers to complete a full Client Profile, will be shared with the relevant Regulated Payment Partner(s) to deliver the Service. By accepting these Terms of Service you will, by extension, accept the Terms & Conditions of the Regulated Payment Partner listed below:
  7.10. On completion of a full Client Profile, required by our Regulated Payment Partner(s) to activate your trading account, all of the data you have provided, along with any additional data sourced from the public domain, or third-party data providers to complete a full Client Profile, will be shared with the relevant Regulated Payment Partner(s) to deliver the Service. By accepting these Terms of Service you will, by extension, accept the Terms & Conditions of the Regulated Payment Partner listed below:


5. DATA SUBJECT RIGHTS
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  5.1. We respect your privacy rights and provide you with reasonable access to the Personal Data that you may have provided through your use of the Services. Your principal rights under the GDPR are as follows:
         a). the right for information (a monetary charge may be levied on you to meet our costs in providing you with the details we hold about you);
         b). the right to access;
         c). the right to rectification;
         d). the right to erasure; the right to be forgotten
         e). the right to restrict processing;
         f). the right to object to processing;
         g). the right to data portability;
         h). the right to complain to a supervisory authority; and
         i). the right to withdraw consent.
  5.2. If you wish to access or amend any other Personal Data we hold about you, or to request that we delete any information about you, you may contact us by sending an email to help@vance.tech. We will acknowledge your request within seventy-two (72) hours and handle it promptly. Vance will respond to these requests within a month, with a possibility to extend this period for particularly complex requests in accordance with Applicable Law. We will retain your information for as long as your account is active, as needed to provide you Services, or to comply with our legal obligations, resolve disputes and enforce our agreements,
  5.3. You may update, correct, or delete your Account information and preferences at any time by accessing your Account. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
  5.4. You may decline to share certain Personal Data with us, in which case we may not be able to provide to you some or all of the features and functionality of the Service.
  5.5. At any time, you may object to the processing of your Personal Data, on legitimate grounds, except if otherwise permitted by Applicable Law. 
  5.6. In accordance with Applicable Law, we reserve the right to withhold personal data if disclosing it would adversely affect the rights and freedoms of others. Moreover, we reserve the right to charge a fee for complying with such requests if they are deemed manifestly unfounded or excessive. Vance may charge a reasonable administrative-cost fee if further copies are requested.
  5.7. We may use your Personal Data for the purposes of automated decision-making when displaying your activity and offers based on your trends and interest. When such processing takes place, we will request your explicit consent and provide you with the option to opt-out. We may also use automated decision making in order to fulfil obligations imposed by law, in which case we will inform you of any such processing. You have the right to object to the processing of your personal data for automated purposes at any time by contacting us at help@vance.tech


6. CONTACT US
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  6.1. For full details about the Vance group members and where they operate please contact us at: help@vance.tech.
  6.2. If at any time you believe that we have not adhered to this Privacy Policy, please contact us at help@vance.tech and we will seek to promptly determine and correct the problem. 


7. ADVERTISING AND USE OF COOKIES
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  7.1. We collect browser and cookie information when you first navigate to our websites. We use cookies to give you a better customer experience and for use of access. Certain cookies will allow you to leave and re-enter the Platform without re-entering your password. This will be monitored by a web server.
For more information on the use of cookies, how you can control their use, and information relating to our internet-based and mobile advertising, please refer to our cookies policy for more detail.
  7.2. Cookies are text files stored, either on a temporary or persistent basis on the hard drive of your computer. Cookies are used for authenticating, session tracking and maintaining specific information about the use and users of the Platform (including user site preferences or the contents of electronic shopping carts). Cookie files may also be placed on your computer by Google Analytics for the purposes as set out in this paragraph.
¬†¬†7.3. The data collected by cookies is anonymous. You can delete all cookies that are already on your computer‚Äôs hard drive by searching for files with ‚Äúcookie‚ÄĚ in it and deleting them. In addition, if you want to stop cookies from being stored on your computer, you can edit your browser settings so that cookies are blocked. Unfortunately, if you block cookies you may not be able to use the full functionality of the Platform.¬†
¬†¬†7.4. Web beacons consist of a small string of software code that represents a graphic image request on a Web page or email. There may or may not be a visible graphic image associated with the web beacon and often the image is designed to blend into the background of a Web page or email. Web beacons can be used for many purposes ‚Äď including site traffic reporting, unique visitor counts, advertising auditing and reporting, and personalization. Web beacons used by Vance collect only anonymous data..¬†
  7.5. In order to improve the Platform and the Services, we use (temporary and persistent) cookies, authorised third parties cookies, web beacons and/or other technologies to collect non-personally identifiable data. This non-personally identifiable data helps us to track browsing behaviour, to create specific or tailor-made offers or advertisements, and to monitor and record the visits and use of the Platform. 
  7.6. In order to understand how people use the Platform and for marketing analysis and quality improvement purposes, we (and/or third party service providers) may collect, record, process and use on an anonymous basis certain information (including the total number of transactions, viewed web pages, referring/exit pages, platform type, date/time stamp information and details like the number and location of mouse clicks on a given page, mouse movements, scrolling activity and the search words you use while being on and using the Platform.
  7.7. If you register with us or if you continue to use the Platform, you agree to our use of cookies. You further agree to use the Platform only for lawful purposes. 
  7.8. From time to time you may find links to third party websites on the Platform. These links are provided for your information only and are not recommended by Vance. Vance 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.

8. MINORS AND CHILDREN’S PRIVACY
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  8.1. Protecting the privacy of minors is especially important. Our Service is not directed to children under the age of 18, and we do not knowingly collect Personal Data from children under the age of 18. If you are under 18 years of age, then please do not use or access the Service at any time or in any manner. If we learn that Personal Data has been collected on the Service from persons under 18 years of age, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 18 years of age has obtained an Account on the Service, then you may alert us at help@vance.tech and request that we delete your child’s Personal Data from our systems.

9. SECURITY
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  9.1. We take appropriate security measures to protect against loss, misuse and unauthorized access, alteration, disclosure, or destruction of your information. Vance has taken steps to ensure the ongoing confidentiality, integrity, availability, and resilience of systems and services processing Personal Information, and will restore the availability and access to information in a timely manner in the event of a physical or technical incident.
  9.2. No method of transmission over the internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or organisational safeguards. If you believe your Personal Data has been compromised, please contact help@vance.tech


10. SECURITY
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¬†¬†10.1. The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (‚ÄúEEA‚ÄĚ). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.
  10.2. 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.


11. COMMUNICATION AND PRIVACY
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  11.1. By using the Platform and/or material provided through the Platform and/or via the Services, you consent to receiving electronic communications and notices from Vance. 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.
  11.2. You provide us with information when you register as a user on the Platform. 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 Platform is subject to Vance Privacy Policy, the terms of which are hereby incorporated into these Terms of Service.


12. LIMITATION OF LIABILITY, DISCLAIMER, AND INDEMNITY
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¬†¬†12.1. Vance provides the Platform ‚Äúas is‚ÄĚ and without any warranty or condition, whether express, implied, or statutory. Vance specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Vance assumes no liability or responsibility for any errors or omissions on the Platform, any failures, delays, or interruptions in the Platform; any losses or damages arising from the use of the Platform; or any conduct by users of the Platform. We reserve the right to deliver the Platform in our sole and absolute¬†discretion.
  12.2. In no event shall Vance, 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 Platform or these Terms of Service, on any theory of liability, and whether advised of the possibility of damage. Vance does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of Vance. 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.
  12.3. 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.
  12.4. You acknowledge and agree that Vance is not responsible for the accuracy of any information published on the Platform and does not warrant that any information appearing on the Platform is accurate, true or complete. Vance is not responsible if incorrect quotes are published on the Platform. If you believe that any information appearing on the Platform is incorrect, you should inform Vance
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 Platform. Vance 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 Platform.
  12.5. Vance makes no representation that material on the Platform is appropriate or available at locations outside of the United Kingdom. By accessing the Platform from outside the United Kingdom, you represent and warrant to Vance that your use and access of the Platform is in compliance with all applicable local laws.
  12.6. You agree to indemnify and hold Vance 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 Platform or your violation of any law or the rights of any third party.


13. DISPUTES
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  13.1. 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 Platform, our advertising or any related transaction between you and Vance shall be governed by and construed in accordance with English law.
  13.2. 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.


14. TERMINATION
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  14.1. Vance may change or discontinue the Platform 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 the Platform.


15. GENERAL
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  15.1. 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.
  15.2. 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.
  15.3. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
  15.4. 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.
  15.5. 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.
  15.6. These Terms of Service set forth the entire understanding and agreement between you and Vance with respect to the subject matter hereof.
  15.7. 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 Platform.


16. CONTACT US
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  16.1. If you have any questions about these Terms of Service or the use of the Platform, please
contact us at:
Email: help@vance.tech
Phone: +1 917 728 1275‚Äć