Our Terms

 

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content via our website www.fxcacademy.co.uk

 

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you do not agree to these terms, do not order any products from our website.

 

1.3 There are other terms that apply to you. Please click here for our website terms and conditions, website acceptable use policy, privacy policy and cookie policy.

 

2. Information about us and how to contact us

2.1 Who we are. We are FX Cartel Ltd, a Company registered in England and Wales and trading as ‘FXC Academy’. Our Company registration number is 11199722 and our registered office is at 304 Bridgewater Place, Birchwood Park, Warrington, WA3 6XG. Our registered VAT number is 325388489.

2.2 How to contact us. You can contact us by emailing us at [email protected]

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

 

3. What we do

3.1 The following definitions will apply in these terms:

(a) Forex Trading means the exchanging of national currencies on the foreign exchange market.

(b) Speculative Forex Trading means a speculative or leveraged contract relating to the exchange of national currencies deemed as a “specified investment” under the Financial Services and Markets Act (Regulated Activities) Order 2001.

(c) Spot Forex Trading means non-leveraged, non-speculative Forex Trading whereby contracts are not deemed to be a “specified investment” under the Financial Services and Markets Act (Regulated Activities) Order 2001 and the delivery of the exchange is scheduled on a certain date or within a specified number of trading days.

3.2 What we do. We are a company that provides educational products and services relating to Forex Trading. We are not regulated by the Financial Conduct Authority.

3.3 Our goods, services and content. All Content (please see clause 12) shared on our website and in our products are for educational purposes only and are not to be construed as advice of any nature. You are solely responsible for your own investment research and decisions. You should seek advice from a qualified professional such as a licensed securities professional, a tax advisor and/or a legal advisor before making any investments. We are not responsible for any losses you may suffer as a result of any trading or investment decisions you make and you agree to hold us harmless for any such results or losses.

3.4 We offer a number of ‘Membership Options’ (Bronze, Silver and Gold) which are recurring monthly subscription-based memberships. Termination of your Bronze, Silver and Gold membership requires a minimum of 48 hours’ notice and can be processed via either your FXC Academy account (https://fxcacademy.co.uk/my-account/) or by sending us an email at [email protected]. 

3.5 Our ‘Chart Analysis Service’ is included in our Silver and Gold membership packages which comprises of Forex and Oil charts. Subscribers will be able to communicate with us and our staff via the app through which the service is provided. Subscribers will also have access to our team members’ personal analysis charts for educational purposes. Any communications between FXC Academy and you via the app, or any other instant messaging app or website chat function will be subject to these terms and all other terms that apply to you (please see clause 1.3). The chart analysis service is an educational service relating to Spot Forex Trading. We do not provide any advice relating to Spot Forex Trading. For the avoidance of doubt, the chart analysis service does not include any educational materials or advice relating to Speculative Forex Trading.

3.5.1 Gold members receive ‘Precious Metals & Indices’ charts in addition to the Forex & Oil charts received as part of the ‘Chart Analysis Service’. This service is an educational service relating to Spot Forex Trading. We do not provide any advice relating to Spot Forex Trading. For the avoidance of doubt, this service does not include any educational materials or advice relating to Speculative Forex Trading.

3.6 Access to our physical ‘Trading Floor’ is included in our Gold membership option. 

3.6.1 ‘Gold’ package members will be able to access the Trading Floor between Monday and Thursday, depending on availability. The Trading Floor operates a ‘first come, first served’ basis so we cannot always guarantee there will be a desk available for you. You can however request to book a desk in advance by emailing [email protected].   

3.6.2 Gold members will additionally be subject to our ‘Gold Floor Membership’ Terms and Conditions which will be made available to you after placing your ‘order’. 

3.7 Reviews – our Gold package includes monthly face to face – at the Trading Floor – or online reviews. Whilst every effort is made to ensure these are held on time, there may be circumstances outside of our control where this may not be possible. We will always endeavour to rearrange these where possible. These sessions are for educational purposes only and should not be construed as Financial Advice.

3.8 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

3.10 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

 

4. Ordering from FXC Academy

4.1 Placing your order. An order is placed on our website through following the “checkout” process. By clicking the “Place Order” button, you are agreeing to purchase the product you have selected, subject to these terms. As you follow the checkout process, we will take payment for your order through your nominated payment method.

4.2 How we will accept your order. Our acceptance of your order will take place when we email you to accept it (our order confirmation email), at which point a contract will come into existence between you and us.

4.3 If we cannot accept your order. There may be circumstances in which we are unable to accept your order (because of something we discover after we send you an order confirmation email). If this is the case, we will inform you of this via email and will refund you for the product. We may be unable to accept your order because:

(a) it appears that the order mistakenly duplicates another order;

(b) there are unexpected limits on our resources which we could not reasonably plan for;

(c) we have identified an error in the price or description of the product;

(d) we cannot obtain authorisation for your payment;

(e) the product is out of stock;

(f) a promotional offer or discount code has been used outside of a valid promotion period or has expired;

(g) we are unable to meet a delivery deadline you have specified; or

(h) your order otherwise breaches any provision contained in these terms.

(i) we identify a conflict of interest

4.4 Your order number. We will assign an order number to your order and tell you what it is in the order confirmation email. It will help us if you can tell us the order number whenever you contact us about your order.

4.5 Ordering multiple products. When ordering multiple products that are goods as part of the same order, we will inform you, within a reasonable time period, as to whether we will (or can) dispatch on the same day or as part of the same delivery. Please note that we cannot guarantee that multiple products within the same order will be delivered in the same package or at the same time.

4.6 If you are based outside of the UK. Our website is solely for the promotion of our products in the UK. If you are not located in the UK, and would like to purchase our products or services, you must satisfy yourself that our products or services are not subject to any local restrictions. We do not represent that content available on our website or via our products or services are appropriate for customers outside of the UK.

 

5. Price and payment

5.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages where you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 5.3 for what happens if we discover an error in the price of the product you order.

5.2 Payment. We accept payment via credit, debit card or any other payment method which we may make available to you at the time of your order. Our Bronze, Gold and Silver membership packages are a monthly subscription payment service. It is a recurring payment set up that you may unsubscribe from giving us 48 hours’ notice. If you wish to cancel you may do so by sending a 48 hours’ notice of cancellation by email to [email protected]. Only once notice has been sent to us by email may you cancel your recurring payment profile via one of the payment processors yourself. If you cancel your recurring payment before you email us with your 48 hours’ notice, you will be liable for the cost of 1 months’ subscription. If notice of cancellation is not received at least 48 hours prior to the end of your recurring month, your subscription will be extended for 1 month.

5.3 What happens if we get the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

5.4 If you think your order confirmation receipt contains a mistake. If you think the order confirmation receipt or invoice is incorrect, please email us at [email protected].

 

6. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8 – Your rights to end the contract).

 

7. Our rights to make changes

7.1 Minor Changes. We may have to make minor changes to a product to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements.

7.2 Significant Changes. There may be circumstances where we have to make significant changes to our products, if we need to make such changes, we will notify you of this. You may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

7.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

 

8. Dispatch, delivery and providing the products

8.1 If the products are goods.

(a) Dispatch. The dispatch date is the date we send the item, not the date it is delivered. For orders that are accepted, unless we inform you otherwise during the order process, we will dispatch the product you have ordered within 7 days of the order.

(b) Delivery. We do not guarantee delivery dates or times. It is your responsibility to ensure that the postal information provided by you during the order process is correct.

(c) Delivery costs. We will inform you of the delivery costs during the order process before you place your order.

(d) Estimated Delivery Times. Our products are delivered by Royal Mail (or another third party carrier from time to time). Please email us at [email protected] for estimated delivery times and information regarding international deliveries.

(e) If the recipient is not at home when the product is delivered. If no one is available at the address listed in your order to take delivery and the products cannot be posted through the recipient’s letterbox, the carrier may leave the product with a neighbour or a nominated safe place or leave a note informing you of how to rearrange delivery or collect the products from a local depot.

(f) When you become responsible for the goods. Goods will be your responsibility from the time a carrier delivers or attempts delivery of the product to the address you gave us.

(g) When you own goods. You own a product which is goods once we have received payment in full.

(h) Delivery outside the UK. In the event that we accept an order for delivery of a product outside of the United Kingdom, the Isle of Man or the Channel Islands, the recipient will be responsible for all customs formalities, including completion of customs declarations, payment of import taxes levies, duties and satisfying any other regulatory requirements that may be in force in the relevant country of importation. It is your responsibility to ensure that the recipient consents to this.

8.2 If the products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.

8.3 If the product is a one-off purchase of digital content, we will make the digital content available for download shortly after sending you an order confirmation email. This will either be a weblink or an automatic download upon Order Confirmation. 

8.4 If the products are ongoing services or a subscription to receive goods or digital content, we will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.

8.5 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control (such as acts of God, natural disasters, epidemics or pandemics, terrorist attacks, war or threat of war, riots, imposition of sanctions, embargo, or breaking off of diplomatic relations, nuclear, chemical or biological contamination or sonic boom, any laws imposing an export or import restriction, quota or prohibition, or failing to grant necessary licence or consent, collapse of buildings, fire, explosion or accident, industrial action, interruption or failure of utility service) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and receive a refund for any products you have paid for but not received.

8.6 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory requirements; or

(c) make changes to the product as requested by you or notified by us to you (see clause 6).

8.7 Your rights if we suspend the supply of products. We will contact you as far in advance as possible to tell you we will be suspending supply of the product. If we have to suspend the product for longer than 48 hours, we may contact you to cancel your order and refund any sums you have paid. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 48 hours and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

 

9. Your legal rights to end the contract

9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;

(c) If you have just changed your mind about the product, see clause 9.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.6.

9.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 7.2);

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or

(e) you have a legal right to end the contract because of something we have done wrong.

9.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund.

9.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:

(a) digital products after you have started to download or stream these;

(b) services, once these have been completed, even if the cancellation period is still running;

(c) sealed audio or sealed video recordings or sealed computer software such as USB sticks or CDs, once these products are unsealed after you receive them; and

(d) any products which become mixed inseparably with other items after their delivery.

9.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

(a) Have you bought services (for example, an in-person educational training course)? If so, you have 7 days after the day we email you to confirm we accept your order. However, once we have started providing the services you cannot change your mind, even if the period is still running.

(b) Have you bought digital content for download or streaming? If so, you have 7 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately for download, and you agreed to this when ordering, you will not have a right to change your mind.

(c) Have you bought goods (for example, books or sealed educational software)? If so, you have 7 days after the day you (or someone you nominate) receives the goods, unless:

(i) Your goods are split into several deliveries over different days. In this case you have until 7 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.

(ii) Your goods are for regular delivery over a set period (for example our subscription products). In this case you have until 7 days after the day you (or someone you nominate) receives the first delivery of the goods.

9.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, email us at [email protected]. We may decide to end the contract immediately and we may refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.

 

9.7 Brief Summary of your legal rights.

(a) The Consumer Rights Act 2015 states that goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product, your legal rights entitle you to the following:

(i) Up to 30 days: if your goods are faulty, then you can get an immediate refund.

(ii) Up to 6 months: if your goods can not be repaired or replaced, then you are entitled to a full refund in most cases.

(iii) Up to 6 years: if your goods do not last a reasonable length of time, you may be entitled to some money back.

This clause is subject to exceptions and is subject to change from time to time. For detailed information regarding your legal rights, please visit the Citizens Advice website at www.citizensadvice.org.uk.

See also clause 9.3.

 

(b) If your product is digital content, for example a subscription to an online educational service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

(i) If your digital content is faulty, you’re entitled to a repair or a replacement.

(ii) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

(iii) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation

See also clause 9.3.

 

(c) If your product is services, for example an educational training course, the Consumer Rights Act 2015 says:

(i) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

(ii) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

(iii) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

 

See also clause 9.3.

 

10. Reporting a problem and how to end the contract with us (including if you have changed your mind)

10.1 Contacting us to report a problem or cancel the contract. If you have any queries or you are unhappy with your order or would like to end the contract, please email us at [email protected].

10.2 Reporting a problem. We aim to acknowledge any complaint within 14 days and will do our best to resolve any complaint within 28 days. If a refund is necessary and appropriate, we will advise you on how to return the product. If you receive a product from us in error, you must inform us as soon as possible. We will then provide you with instructions on how to return or securely destroy the product.

10.3 Your legal obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them back to us at 304 Bridgewater Place, Birchwood Park, Warrington, WA3 6XG.

10.4 Procedure for returning products and issuing refunds. We will refund you the price you paid for the products including delivery costs, by the method you used for payment within 14 days from the day on which we receive the product back from you.

10.5 Returning faulty goods. Where a product is faulty, please contact us via [email protected]. We may ask you to send us a photograph/screenshot of the item/the issue with the product, if possible, and/or to return the product to us. Your right to return items to us in accordance with these Terms is in addition to any other statutory rights you may have.

10.6 How we will refund you. If you are eligible for a refund, we will reimburse the price you have paid for the products, by the method you used for payment. Alternatively, we may offer you a replacement product (if applicable) and resend the product to you free of charge. Please note that we will not offer both a refund and a resend.

10.7 When a refund will not be made. Refunds cannot be given if the fault is a result of your own actions such as product misuse.

10.8 Costs of return. We will pay the costs of return:

(a) if the products are faulty or misdescribed;

(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

(c) if we, or on behalf of our suppliers, have requested a return of the product due to a product recall.

10.9 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

10.10 Deductions from refunds where the product is a service. We may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

 

11. Our legal rights to end the contract

11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due (where you have ordered a subscription product);

(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or

(c) you do not, within a reasonable time, allow us or a carrier to deliver the products to you or the recipient collect them from us/your local depot.

11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you restocking fee equal to reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11.3 We may withdraw the product or be unable to provide the product. We may write to you to let you know that we are going to stop providing or are unable to provide the product. In either case, we will let you know at least 14 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

 

12. FX Cartel Limited’s Intellectual Property

12.1 For the purposes of these Terms, the following words will have the meanings as set out below:

(a) IP: means intellectual property of any nature including but not limited to patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names, trading names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

(b) Content: all courses, commentary, methods, techniques, indicators, strategies, columns, articles, charts, diagrams, spreadsheets, text, publications, illustration, prints, software, applications, graphics, audio, visual or audio-visual material (including but not limited to, music, sound, still visual images, photographs and video), data, database content, page layouts, design and other multi-media content, information and material, including the metadata relating to such content.

12.2 Our Website. All Content on, and Intellectual Property in relation to our website and our goods, services and digital content are wholly owned by us or our licensors. You may use and access our website to the extent and purpose required for ordering or using any products and/or services made available by us in accordance with these Terms.

12.3 Our Digital Course ‘50cal’ and any other digital course the Company may release in the future or iterations of its current ‘50cal’ course. Content in all languages is licensed, not sold, to you by us. We may include additional terms for use within our Content. Upon your download or access of the Content and payment of any applicable fees (including applicable taxes), we grant you non-exclusive rights to view and use the Content an unlimited number of times, solely for your personal, non-commercial use. We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any of our Services or Products at any time without notice or liability to you.

12.4 Our name. You agree not to display or use “FX Cartel” and “FXC Academy” in any manner without our prior written consent.

12.5 You agree not to:

(a) remove any notices relating to IP in any Content, material and/or products taken from our website or otherwise;

(b) whether for a commercial purpose or otherwise, copy, distribute, publicly display and/or create any derivative work from any material, Content or IP owned by us without our prior express written permission and licensing by us to do so;

(c) use FX Cartel or FXC Academy, including but not limited to, its website, Content, IP, products and/or services for any commercial purpose other than in accordance with these Terms; and

(d) use any robot, spider, scraper or other automated means to access the website for any purpose without our prior express permission.

(e) Bypass, modify, defeat, or circumvent security features that protect any Content.

12.6 Our rights. Any rights not granted in these Terms are reserved for our own benefit.

 

13. Our Website

13.1 Please click here for our Website Terms of Use.

13.2 We will always try to ensure that our website is available 24 hours a day. However, we will not be liable if for any reason the website is unavailable at any time, or for any period.

13.3 Occasionally, we may provide links to other websites or resources for your convenience. We do not endorse the contents of these websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may have suffered by using those websites. If you decide to access linked third party websites, you do so at your own risk.

 

14. Customer Reviews

14.1 Submitting customer reviews. By submitting a review on our website, TrustPilot or any other third party websites you confirm and agree that you are the sole author of the review, your review is accurate and that you are at least 18 years old. For any review that you submit, you grant us a perpetual, irrevocable, royalty-free, transferable right and licence to use, copy, modify, delete in its entirety, adapt, publish, translate and create derivative works from that review in any medium or technology throughout the world.

 

14.2 You agree not to submit a review that:

(a) breaches any applicable law, or that advocates, promotes or assists any unlawful act;

(b) infringes anyone’s intellectual property rights;

(c) is confidential or contains the personal information of a third party;

(d) is or can be regarded as offensive, abusive, threatening or defamatory;

(e) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;

(f) references any other website or service;

(g) misrepresents identity or impersonates any person;

(h) is pornographic, obscene or indecent;

(i) may harass, upset, embarrass or alarm any person; or

(j) comments on any other reviewer you know to be false, inaccurate or misleading.

14.3 Our rights to decline publication of reviews. We reserve the right to decline publication of reviews or to remove reviews at our discretion. By submitting your email address in connection with your rating and review, you agree that we may use your email address to contact you about your review. We will not pass your details onto any third parties without your consent. We accept no liability for your personal information in relation to reviews you may leave on third party websites.

 

15. How we may use your personal information

15.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy and our Cookie Policy.

 

16. Our responsibility for loss or damage suffered by you

16.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

16.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for faulty products under the Consumer Protection Act 1987.

16.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial or business purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16.4 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

16.5 We are not liable for any losses incurred as a result of your trading activity. Anything you see on the website in terms of messages, opinions, latest news, research, analyses, prices, or other information related with finance contained on this Website or via messaging apps are provided as general market information purely for educational and entertainment purposes only, it does not constitute investment advice in any way.

 

17. Other important terms

 

17.1 Promotional Materials. To promote our business, we may publish the results of a trading system or an individual trader’s results. Our promotional publications are not indicative of future results or returns which may be realised by you. Please see clause 3.2 and 3.3.

17.2 You may be asked to set up an ‘Account’ with us before purchasing any of our products. Please note that we do not perform verification checks when you set up an account with us, and it is therefore important that you provide your real name and a valid email address when signing up. This is to ensure compliance with these Terms and so that we can perform identity verification if you ever contact us about your order. A valid email address is also required to receive any other communications mentioned in these Terms. We will not be responsible for being unable to verify your identity or not being able to assist with your queries if you have used a false name or invalid/false email address.

17.3 Suspension of your ‘Account’. If you are found to be in breach of these Terms, we reserve the right to suspend your account with us (if you have one), your order and all access to our website. In addition, we are entitled to suspend provision of all or part of our services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court order or other competent authority.

17.4 We may make changes to these Terms. We may make changes to these Terms from time to time and when they do, we will post the new version of the Terms on the website.

17.5 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

17.6 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.7 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.8 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

17.9 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of England and Wales and you can bring legal proceedings in respect of the products in the courts of England and Wales.

Please ensure that you have read, and agree to, the terms set out in our General T&Cs, Website T&Cs, Privacy Policy and Cookie Policy before using our website. If you do not agree to these terms, you must not use our website.

We are an educational company that provides educational products and services as set out in our General T&Cs. We are not regulated by the Financial Conduct Authority and do not provide any education or advice relating to “Specified Investments” under the Financial Services and Markets Act (Regulated Activities) Order 2001.

 

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FX Cartel Ltd. Registered: 11199722. VAT: 325388489