These are the terms and conditions of use (these “Terms and Conditions”) of the Fourex.co.uk website (the “Website”) and Fourex machines or kiosks that we operate in the UK (“Kiosks”).
Date of Last Revision: 22 May 2018.
You, us and the importance of the Terms and your agreement.
‘’We’’ refers to Fourex Inc Ltd, a company registered in England under registration number 9488171 with registered office at 3rd Floor, 207 Regent Street, London W1B 3HH, and “us” or “our” shall be construed accordingly. “You” refers to any user of the Fourex.co.uk website (the “Website”) or Fourex machines or kiosks in the UK that we operate (“Kiosks”) or our products or services, and “your” shall be construed accordingly. The Website, Kiosks and our products or services are the “Services”.
As between you and us, we own all rights in the “FOUREX” brand and trademarks. These Terms and Conditions, together with any other applicable terms referred to in these Terms and Conditions or any other terms and conditions agreed in writing (which includes electronically) between you and us (together, the "Terms") apply to your access to and use of the Website, Kiosks and our products or services (together, the "Services").
If you do not agree to any of the Terms, do not use the Services.
Please refer to the privacy and data protection section at the end of this document for information about how we collect, use and disclose data about users of the Services.
If you are using the Services on behalf of any entity, you represent and warrant that you are authorised to accept the Terms on such entity's behalf, and that such entity agrees to be responsible to us if you breach the Terms.
We reserve the right to change or modify any of the Terms and Conditions at any time and at our sole discretion. It is your responsibility to regularly review the Terms and Conditions, to ensure that you are up-to-date with the Terms and Conditions that apply to the Services. If we make any changes to the Terms and Conditions, we may make this clear by email, posting on the Website or updating the "Date of Last Revision" date above. Your continued use of the Services will confirm your acceptance of the revised Terms and Conditions. We encourage you to frequently review the Terms and Conditions to ensure you understand the Terms and Conditions that apply to your use of the Services. If you do not agree to the amended Terms and Conditions, you must stop using the Services.
You agree to comply at all times with any instructions for use of the Services which we make from time to time.
All questions or comments about the Services or their contents should be directed to email@example.com.
Copyright and Limited Licence
Unless otherwise stated by us, the copyright, database rights and any other rights contained in all information, data, text, designs, CAD (computer aided design), drawings, artwork, pictures, photographs, images, logos, graphics, software, music, sound files, videos, video files, other files, the selection and arrangement of any of them, and materials (together "Materials") on or through the Services and the design, layout, look and appearance of any of the Services is owned by us or licensed to us by our licensors. We give you a limited and revocable (at any time) right and licence to use such Materials or extracts from the Services on your local hard disk just in your ordinary course of accessing the Services in the way we intend and not for any other purpose, subject to the following:
You must also not use any data mining, robots or similar data gathering or extraction methods in respect of the Services or any Materials on or through the Services.
The Services are not targeted towards, nor intended for use by, anyone under the age of 18. For any user that is under the age of 18, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by the Terms and Conditions. By using the Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services; and (b) have full power and authority to agree to the Terms and Conditions and that, in doing so, you will not breach any other agreement to which you are a party.
Some areas or features of the Services may require you to register for an account and/or create a profile. When registering for an account, you cannot create an account name that incorporates a trade mark without authorisation from the trade mark owner. We reserve the right to remove or change any account names / details on behalf of any business or individual that holds legal claim, including trade mark rights, in those names.
In addition, when registering for an account or creating a profile, you agree to: provide accurate, current and complete information; maintain and promptly update your information; maintain the security of your password and accept all risks of unauthorised access to your account and the information you provide to us; and notify us without delay upon your discovery of any actual or suspected security breach related to the Services or your account.
FOUREX INC LTD and Fourex Inc Ltd names and logos and any other name or slogan or mark or brand contained in or on or through the Services are the trademarks or service marks of us or our suppliers or licensors and shall not be copied, imitated or used, in whole or in part, without our prior written permission or the applicable owner or licensor. Any authorised use of these trademarks or service marks must in any event be in accordance with our guidelines that we may provide from time to time.
You also agree not to use any metatags or any other hidden text utilizing “Fourex” or any other name, trademark, service mark or product or service name or logo of us without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, belong to us and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other names, trademarks, service markets or product or service names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any third-party products, services, processes or other information, by trade name, trade mark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
We grant to you a limited, non-exclusive right to create a text hyperlink to the Services (which, in the case of the Website, must be to the home page of the Website unless we otherwise agree in writing) for non-commercial purposes, provided such link does not portray us or any of the Services in a false, misleading, derogatory or defamatory manner and is fair and legal without damaging our reputation or taking advantage of it; and provided further that the linking site does not contain any adult or illegal material or any material that may be considered offensive, harassing or otherwise objectionable. You shall also not suggest expressly or impliedly that we have endorsed anyone else where this is not the case. This limited right may be revoked by us at any time. You shall not use our logo or other proprietary rights to link to the Services without our express prior written permission. Further, you shall not (without our prior written consent) use, frame or use framing techniques to enclose the Services or any of our names, logos, slogans, marks or brands, including (without limitation) any images found at the Services, the content of any text or the layout/design of any page or form contained on a page on the Services.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of any third-party websites accessible by hyperlink from the Services, or websites linking to the Services. Such sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you “as is” and only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave our website (as part of the Services), you should be aware that our terms and policies no longer govern your use of the third party website. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
From time to time, we may provide links to third party websites or services that contain financial or investment information about us. Access to such websites and the information contained in them is provided to those interested in the information on an “as is” and “as available” basis. We neither monitor nor have control over the content of third parties' statements or websites. Accordingly, we do not endorse or adopt those websites or their services, or any information or content contained in them, including, without limitation, analysts' reports and stock quotes. We make no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third party websites or other third-party information that is identified on the Services. Users visit those websites and use the information contained therein at their own risk.
We may provide third party content on the Services and may provide links to web pages and content of third parties (collectively, the "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content and make no representation or warranty of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness or how up-to-date it is. You acknowledge and agree that we are not responsible or liable in any manner for any Third-Party Content and undertake no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.
Advertisements and Promotional Offers; Third-Party Products and Services; Charitable Organisations
We may run advertisements and promotional offers from or involving third parties on the Services or may otherwise provide information about or links to third party products, services or programmes on the Services. In addition, we may advertise or make available through the Services certain programmes that enable you to obtain gift cards, coupons, discounts or other items from third party businesses. We do not endorse or recommend any such third parties and your business dealings or correspondence with, or participation in the promotional offers of, any such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotional offers or as the result of the presence of such third-party adverts, third party advertisers or third-party information on the Services.
Free Prize Draws, Competitions and Other Promotions
From time to time we may administer, operate or run free prize draws, competitions and other promotions (collectively "Promotions") on the Services and may also advertise and allow participation in Promotions via other methods (including, without limitation, in person or direct mail, by email or social media). Each Promotion has its own official rules and privacy policies, which will be made available to anyone who participates. Your participation in a Promotion is subject to and governed by the official rules and privacy policies for the Promotion that we make available. You must read and agree to the official rules and privacy policies for any Promotion before you participate in the Promotion. To the extent that there is any conflict or inconsistency between the Terms and Conditions and the official rules and privacy policies for a Promotion, the official rules and privacy policies for that Promotion shall prevail.
Separate and apart from User Content (defined below), you can submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, about us or the Services ("Submissions"). Submissions, whether submitted through the Services or otherwise, are non-confidential and shall become our sole property. We shall own, and you hereby assign to us, all right, title and
interest, including without limitation all intellectual property rights, in and to such Submissions and we shall be entitled to the unrestricted use and dissemination of the Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation we require (in our sole discretion) to confirm such assignment to, and unrestricted use and dissemination by us of such Submissions.
User Content and Interactive Services or Areas
The Services may include interactive areas or services ("Interactive Areas") in which you or other users may create, post or store content, messages, Materials, Product Reviews (as defined below), applications, code or other items or materials on the Services ("User Content"). You are solely responsible for your use of such Interactive Areas and use them at your own risk.
You agree that you own and control all of the rights to the User Content that you post, or you otherwise have all necessary rights to post such User Content to the Services, and you agree not to use the Services or post, upload to, transmit, distribute, store, create or otherwise publish through the Services any User Content, in any way that is or may be considered any of the following:
You further agree that you will abide by the Terms and Conditions and will not:
We neither accept responsibility nor assume any liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto. Your use of any third-party material in the Services is at your own risk. Enforcement of the Terms (including relation to User Content or conduct rules) is solely at our discretion, and failure to enforce such Terms in any instance does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such Terms and Conditions.
We are not liable for any statements, representations or User Content provided by our other users or any third party. Although we have no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Interactive Areas or other portions of the Services in breach of this section (User Content and Interactive Services or Areas) may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.
We may provide specific opportunities for you to tell us or other users what you think about our Services ("Product Reviews"). If you take advantage of such a Product Review opportunity, you agree to state your opinions and experiences lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g. if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such review, and we do not endorse or approve any such Product Reviews or have any responsibility or liability for the accuracy, appropriateness or content of such Product Reviews.
Rights in User Content
If you submit or post User Content to the Services, unless we indicate otherwise, you grant to us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, assignable and sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media for any purpose (including, without limitation, marketing the Services) and to use the name that you submit in connection with such User Content. You agree that you waive your moral rights to be identified as the author and we may modify your User Content.
The views and comments on User Content are those of the authors and do not necessarily reflect the views of us or any of our officers or employees. We will not be responsible for liable for any material, information or data supplied by anyone and accessible from the Services.
The information contained within press releases issued by us should not be deemed accurate or current except as of the date the release was posted. We have no intention of updating, and specifically disclaim any duty to update, the information in the press releases. Any forward-looking statements contained in a press release or press releases is / are no guarantee that said statement will in fact be proceeded with.
Cash limits and refunds
In respect of each transaction conducted by you when using a Kiosk as part of the Services, we may take a photograph and require you to supply photograph identification before continuing with the transaction above a certain threshold (which may be £/€/$ 650.00 or such other threshold as determined from time to time). This is to enable us to comply with legal and regulatory requirements of Anti Money Laundering (AML).
Any transaction which results in an incorrect calculation, must be reported within ten days of the occurrence with sufficient supporting documentation e.g. valid receipt. Reimbursement of funds may take up to ten business days to execute. Users must respond to support team with all necessary information and documentation within 10 business days, if not ticket will be closed and investigation of the case will finish.
We neither accept responsibility nor assume any liability for any fees that may be incurred to customers with International (outside of the UK) bank accounts with regards to refunds paid. We neither accept responsibility nor assume any liability for phone charges/costs in relation to calls made to our support number, which is national UK number and is not premium rate from landlines or mobile devices.
You agree to fully and promptly defend, indemnify, keep indemnified and hold us harmless from and against any and all claims, damages, proceedings, costs, expenses, demands, liabilities, losses, charges and costs which we may suffer or incur arising out of or related to your breach of the Terms.
Disclaimer, and availability of the Services, Security and Accuracy
Whilst we endeavour to make the Services available 24 (twenty four) hours a day, the Services are provided on an “as is” and “as available” basis and we will not be liable if for any reason the Services are unavailable at any time or for any period. We make no warranty that your access to the Services will be uninterrupted, current, timely or error-free. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
Access to the Services may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of the Services for any reason. If we impose restrictions on you personally, you must not attempt to use the Services under any other name or user.
We do not warrant that the Services will be compatible with all hardware and software which you may use. Although we may put in place security measures for your protection, we shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Services or your obtaining any material from, or as a result of using, the Services. We shall also not be liable for the actions of third parties in breaching any security measures and you should use industry-standard software to avoid anything harmful to you or your computer or device.
We may change, modify, update, suspend or discontinue the Services or any features or functionality and anything described in it without notice, obligation or liability to you.
Whilst we endeavour to ensure that information and materials on the Services are correct, no warranty, express or implied, is given that they are complete, accurate or up-to-date and we do not accept any liability for any errors or omissions.
The contents of the Services are intended for convenience only. Nothing on the Services shall constitute advice specific to your circumstances or a recommendation. We do not suggest that any product or service mentioned on the Services are either available to you outside of the United Kingdom or any other territory in the European Union where we make Kiosks available (and then only on an “as available” basis) or complies with any laws other than the laws of England and Wales (or such territory).
Limitation of Liability
Our maximum liability, whether in contract, tort (including negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Services or any Materials in them or accessible from them or from any action or decision taken as a result of using the Services or any such Materials shall be:
(a) in respect of each transaction conducted by you when using the Services, the transaction sum less than: (i) £50 or (ii) the amount of money received by us from you in that transaction; and
(b) otherwise in respect of your use of the Services (and not in respect of any transactions), the sum of £50 in any 12-month period; and
We shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Services or any Materials in them or accessible from them or from any action or decision taken as a result of using the Services or any such Materials for any: (a) indirect or consequential losses, damages, time, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) ex gratia payments; (j) loss of business; (k) loss of operation time; (l) loss of opportunity; (m) loss of, damage to or corruption of data, whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses; (n) loss of funds from travel to our kiosk locations; or (o) loss of funds in calling our support line number for assistance. For the avoidance of doubt, (b) to (o) apply whether such losses are direct, indirect, consequential or otherwise.
No Third Party Beneficiaries
The Terms are for the benefit of, and will be enforceable by you and us only. The Terms are not intended to confer any right or benefit on any third party or to create any obligations to any such third party, as provided for in the Contracts (Rights of Third Parties) Act, 1999.
Law and Jurisdiction
The Terms and any dispute or claim arising out of or in connection with the Terms (including without limitation non-contractual disputes or claims) shall be governed by and construed in accordance with English law. You and we irrevocably agree that the English courts shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms or their subject matter or formation (including without limitation non-contractual disputes or claims). All dealings, correspondence and contacts between you and us shall be made or conducted in the English language.
Termination and Suspension
Notwithstanding anything else in these Terms, we reserve the right, without notice and in our sole discretion, to terminate or suspend your licence to use the Services, in whole or in part, and to block or prevent future your access to and use of the Services.
If any provision of the Terms shall be deemed to be illegal, unlawful, void, invalid or for any reason unenforceable by reason of the laws of any state or country in which the Terms are intended to be effective, then that provision shall be deemed severed and deleted from the rest of the Terms and shall not affect the validity and enforceability of any remaining provisions, and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
Here we describe how your personal data is collected, used and disclosed by us in connection with the Services. Please note that we may have additional policies regarding your data for particular parts of the Services, such as in respect of promotions. Those additional policies also apply in addition to this one in respect of those particular parts of the Services.
The processing of your personal data by us is done in order to enter and perform the contract between us in respect of the provision of the Services, in order to give effect to statutory requirements (such as combatting money laundering), and finally in terms of your clear and unambiguous consent given.
Your privacy is very important to you and us and we are committed to being upfront about our privacy practices, including how we treat any personal information we collect. We shall therefore only collect, use and keep your name and other personal data as provided herein and in a way which complies with EU and UK data protection laws.
If you have questions or concerns about our privacy and data protection practices, please contact us at: firstname.lastname@example.org.
Date of Last Revision: 22 May 2018
Collection of Data
We may collect data about you in various ways:
Data you provide to us. We collect data you provide directly to us, such as your name, email address, user name, passport, password (if applicable), birthday, postal address, post code, phone number, photographs, videos, social media usernames, demographic data, and any other data you choose to provide.
Data we collect when you use our Services including in promotions. We automatically collect data about you when you use our Services and we may tie this to data we otherwise collect about you. For example, we may collect:
Data we collect from other sources. We may also receive data about you from other sources and link or combine it with information we collect about you.
We may also collect data from you when you interact with us by communicating with us in any way including (without limitation) on social networking sites where we have an official presence; or otherwise.
Data we collect from you shall be stored by us for a period of 7 years.
Use of Data We Collect
We use data collected through our Services for purposes described herein or disclosed to you in connection with our Services. For example, we may use data about you to:
Sharing of Data
We may share data about you with third parties as follows:
We may also share aggregated or anonymised information that does not directly identify you.
Other than as set out in above, we shall NOT sell or disclose your personal data to third parties without obtaining your prior consent unless this is necessary for the purposes set out herein or unless we are required to do so by law.
Your personal data will not be transferred to third (non EU) countries which do not impose privacy and data protection principles in line with those of the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
Social Sharing Features
The Services may offer social sharing features or other integrated tools, which let you share actions you take on the Services with other media, and vice versa. The use of such features enables the sharing of data with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide those features. We are not responsible for them.
The Website may contain advertising of third parties, dedicated pages operated by third parties and links to third-party websites or frames of other websites. Please be aware that we are not responsible for the privacy practices or content of those third parties or other websites or services, nor for any third party to whom we transfer your data in accordance with the provisions contained herein.
We may use Google Analytics. Google Analytics is a simple tool that helps website owners like us measure how users like you engage with our website and the content we have on our website. Google Analytics uses “first-party cookies”, which report on how you use our website. These cookies do not store personally identifiable information.
This may let us collect information about your computer, including your IP address, to help us to manage the website and to create reports that tell us about how users browse on our site and their patterns of use.
When we use Google Analytics, this helps us to help you, so we can improve our Website.
Cookies contain information that is on your computer’s hard drive. These cookies store information, such as the time that a visit occurred, whether the visitor has been to our site before and which site referred the visitor to our web page.
Google Analytics does NOT identify any person.
We may aggregate and anonymise data relating to you so that the aggregated and anonymised data does not identify you or any individual personally. We may supply that aggregated and anonymised data to any third party without recourse to you or any other user.
Security of Data
We take reasonable measures to help protect data about you in an effort to prevent accidental loss, misuse and unauthorised access, disclosure, alteration and destruction.
We store your personal details on a secure server. We use industry standard security and firewalls on our servers. If we collect payment card details electronically, we use encryption by using industry standards. Whilst we are unable to guarantee 100% security, this makes it hard for a hacker to decrypt your details.
We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your data. Our security procedures mean that we may request proof of identity before we disclose personal data to you.
You are responsible for protecting against unauthorised access to your password and to your computer.
Information Choices and Changes
Account data. If you have an online account with us, you may access, update and correct data about you by logging into your account and updating your profile information or by emailing email@example.com. You may also email us at that email address if you wish to deactivate your account, or loyalty program or request your personal data be deleted. Any deletions made are permanent and your account cannot be reinstated. We will retain data about you for legitimate business purposes or as required by law.
Marketing communications. You may at any time elect to withdraw your consent to receiving marketing emails and text messages previously given. We may still send you non-marketing messages, such as emails about your accounts or our ongoing business relations.
Changes to the Terms
By submitting personal data to us and using the Website, you consent to our use of your data and of your party in the manner set out herein (as amended from time to time) and you are responsible for ensuring that you have authority to consent on behalf of anyone about whom you submit data.
Insofar as the processing of your personal data is not required to fulfil your contractual obligations to us or insofar as we do not have another legitimate interest in processing your data, you are entitled to withdraw your consent to the processing of your personal data at any time.
Your rights as data subject
You have the following rights in respect of your personal data processed by us: