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 (“Company”, “Vance”, “we”, or “us”) and any end user of the Service (“you”, “user”, “your”). It contains important information about your rights and obligations. It also contains a disclaimer of warranty and a limitation of liability clause.
1. ABOUT THESE TERMS OF SERVICE
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 “Platform”)) 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.
2.1. 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.
3. ACCEPTANCE OF TERMS OF SERVICE
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 “Terms of Service” 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
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.
5. YOUR CONDUCT
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
6. OUR RIGHTS
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. OWNERSHIP OF DATA
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: