1.1 The Services.
1.2 The Ownership.
2. USE OF THE DEMO
2.1 Proper Use.
2.2 Suspension of Access.
We are entitled to suspend your access to the Demo Version and/or otherwise restrict functionality without prior notice if you are in breach of these terms. We may suspend your access to the Demo Version and/or otherwise restrict functionality without notice if you (i) are using the Demo Version in a manner that could cause us legal liability, (ii) disrupt other users’ ability to access and use our Services, (iii) carry out any malicious activity including, but not limited to, any attempts to bypass security controls or code injection attacks, or (iv) do not seek approval in relation to clause 2.6 below. Any suspension or restriction shall continue for such a period as we shall reasonably determine to be necessary.
You must provide and/or obtain any equipment or telecommunications lines and links that may be necessary for you to use the Demo Version, and you acknowledge that certain software and equipment used by you may not be capable of supporting certain features of the Demo Version. For the avoidance of doubt, we are not responsible for providing you with any equipment or telecommunications lines and links that may be necessary for you to use the Demo Version.
2.4 No Real Data or Information.
You hereby confirm, represent, and warrant to us that (i) you shall not use real data or real End Customer information when accessing and using the Demo Version, (ii) you shall not provide or supply us with any Personal Data through your use of the Demo Version and (iii) any credentials used on the Demo Version will always be secured and where they have been compromised, you will notify the Currencycloud security team immediately at email@example.com.
2.5 Client Help Centre.
Currencies available for conversion, settlement schedule, payment cut-off times, and failed payment procedures are described in the Client Help Centre.
You acknowledge that the (i) penetration testing and (ii) performance testing are restricted on the Demo Version and you will seek the Currencycloud security team’s approval at firstname.lastname@example.org in advance of such activities being performed. All requests in relation to the Demo Version will be rate limited as documented in the developer portal: https://developer.currencycloud.com/guides/getting-started/rate-limiting/.
Your use of the Demo Version is free of charge.
4. CONFIDENTIALITY AND PRIVACY
4.1 Confidential Information.
Details on how we collect, use and share Personal Data, and the steps we take to
5. DISCLAIMER OF WARRANTIES
THE DEMO VERSION IS BEING PROVIDED “AS IS”, AND YOU UNDERSTAND THAT YOU
ASSUME ALL RISKS OF ITS USE, QUALITY, AND PERFORMANCE. WE DISCLAIM ANY
WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION TRANSMITTED VIA THE DEMO VERSION, OR AS TO THE RESULTS TO BE OBTAINED BY YOU FROM ACCESS TO OR USE OF THE DEMO VERSION. WE DO NOT MAKE ANY REPRESENTATION THAT THE DEMO VERSION WILL OPERATE UNINTERRUPTED OR ERROR-FREE.
WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE DEMO VERSION, WHETHER EXPRESS OR IMPLIED, INCLUDING SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
6.1 Disclaimer of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOSS OF DATA, LOSS OF INCOME, LOSS OF OPPORTUNITY OR PROFITS, OR COST OF RECOVERY, OR FOR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR OTHER PECUNIARY LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF WE SHALL HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
6.2 Your indemnities.
You agree to fully defend us on demand from and against any third-party claim (i) alleging that your actions in connection with your use of the Demo Version violates any third party’s rights of privacy or violates any privacy laws; or (ii) arising from or relating to End Customer data or the
use of any real data or real End Customer information. You will, in either case, indemnify us (and our directors, employees and agents) against all liabilities incurred and damages awarded against us or agreed to in a written settlement agreement signed by you arising out of such claim. We shall:
(a) promptly notify you in writing of any such claim;
(b) authorize you to control the defence and all
related settlement negotiations;
and (c) provide you with the assistance and information reasonably necessary to defend and/or settle the any such claim.
Your use of the Demo Version shall not exceed three (3) months.
7.2 Termination for Convenience.
7.3 Effect of Termination.
8.1 Governing Law and Forum.
(including in relation to any non-contractual obligations).
8.1 Entire Agreement and Waiver.
- means, in relation to an entity, any person or entity Controlling, Controlled by or under common Control with such entity;
- Client Help Centre
- means the information which is available online at http://www.currencycloud.com/support/.
- Confidential Information
- means confidential information of the other party concerning the other
party’s business, plans, customers, clients, technology, services and products and other
information held in confidence by the other party including all information in tangible or intangible form that is marked or designated as confidential or that, under the circumstances of its disclosure, should be considered confidential. Our Confidential
independently developed by the receiving party;
- of an entity means the power, direct or indirect, to direct or cause the direction of the management and policies of such entity, whether by contract or otherwise, and, any entity owning more than 20% of the voting securities of a second entity shall be deemed to control that second entity;.
- Currency Cloud Group
- means The Currency Cloud Group Limited and its Affiliates from time to time.
- means The Currency Cloud Limited, a company incorporated under the laws of
England and Wales with a registered office at 12 Steward St, London E1 6FQ with registration
number 06323311 and authorised and regulated by the Financial Conduct Authority (FRN: 900199);
- Data Protection Legislation
- means the UK Data Protection Act 1998 (as amended or replaced from time to time), or from its effective date (25 May 2018), the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation) and any other relevant data protection legislation;
- End Customer
- means any person other than us who contracts with you;
- means the Financial Conduct Authority of the United Kingdom whose address is 25 The North Colonnade, Canary Wharf, London E14 5HS, United Kingdom; further information on the FCA can be obtained on the FCA’s website at www.fca.org.uk;
- means any one or more of the agreements between you and us for the sale, purchase, and delivery of currency;
- Foreign Exchange Services
- means the foreign exchange services provided by Currencycloud including quoting and execution of foreign exchange contracts to sell and buy currency for any date up to 12 months;
- Group Companies
- means in relation to a company those companies which are subsidiaries, holding
companies or subsidiaries of any holding company of such company, where the terms “subsidiary” and “holding company” bear the meaning given to them in section 1159 of the Companies Act 2006;
- Payment Platform
- means the Currencycloud online Payment Platform that provides the functionality and connectivity via the API or Currencycloud Direct;
- Payment Services
- means the e-money and payment services provided by Currencycloud to you including the receipt and holding of funds in the Account and execution of payment services or transactions on your behalf;
- Personal Data
- has the meaning given to it by the Data Protection Legislation;
- Platform Services
- means the access to information and market data via the Payment Platform provided
by us to facilitate the booking and management of payments, track trades, and report on balances and transactions;
- means the Electronic Money Regulations 2011 and the Payment Services Regulations 2009 as (as amended and replaced from time to time);
- means the Payment Services, Foreign Exchange Services and Platform Services provided
by Currencycloud as described on the Client Help Centre;
- means these terms and conditions including the schedules and any other terms and
- “We”, “us”, or “our” means The Currency Cloud Limited; and
- “You” or “your” means you, the person who is accessing or using the Demo Version.