Terms of Service

Last modified: 28 February 2019
  1. Introduction
    1. Please read this Agreement carefully before you start to use our Services. This Agreement (always together with the documents referred to in it) tells you who we are, how we will provide the Services to you, how this Agreement may be changed or ended, what to do if there is a problem and other important information. If you think that there is a mistake in this Agreement or require any changes, please contact us to discuss.
    2. Other additional documents which apply to you. This Agreement refers to the following additional documents, which also apply to your use of our Services:
      1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect about you, or that you provide to us. By using our Services, you consent to such processing and you promise that all data provided by you is accurate.
      2. Our Cookie Policy, which sets out information about the "cookies" on our Website.
      3. Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Services.
      4. In order to receive some of our Services, you may be asked to agree to additional terms and conditions (including those referred to in section 19) which we will notify you about at the relevant time.
    3. You accept this Agreement. By visiting our Website and/or using our Services (including downloading and using our App, or via the API, a social media platform or other authorised third party), you confirm that you accept and agree to this Agreement. If you do not agree, please do not use our Services.
  2. Glossary In this Agreement:
    1. API means the application programming interface provided by CURFORMANCE.
    2. App means the mobile application software, the data supplied with the software and the associated media.
    3. Business Day means a day other than a Saturday, Sunday or a public holiday in England.
    4. Group Company means any entity that directly or indirectly controls, is controlled by, or is under common control with another entity.
    5. Services means all products, services, content, features, technologies or functions offered by us and all related websites, applications (including the App), and services (including the Website and API).
    6. CURFORMANCE Account means the account you have opened with us in accordance with the terms of this Agreement.
    7. Website means any webpage, including but not limited to www.curformance.com, where we provide the Services to you.
  3. CURFORMANCE App and API
    1. App subject to this Agreement and the Appstore Rules. We license the use of the App to you on the basis of this Agreement and subject to any rules and policies applied by any appstore provider or operator whose sites are located at App Store and Google Play. We do not sell the App to you. We remain the owners of the App at all times.
    2. App updates. From time to time updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App and accepted any new terms.
    3. Your right to use the App and the API. In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to use the App on your device and the API subject to this Agreement. We reserve all other rights.
  4. Who are we and how to contact us
    1. Our company information. Aetikon Group Ltd is a company incorporated under the laws of the British Virgin Islands (BVI) with registration number 1716910 ("CURFORMANCE", "we", "us", or "our" as applicable).
    2. Our correspondence address. Our correspondence address is Building 2284 PO Box 6945, London, W1A 6US, United Kingdom.
    3. How to contact us. You can contact us by email or by correspondence. Our contact details are provided on the "Contact" page of our Website.
  5. Who can use our Services
    1. You must be 18 years or over. If you are an individual, you must be 18 years or older to use our Services and by opening a CURFORMANCE Account you declare that you are 18 years or older.
    2. Your use of the CURFORMANCE Account must not violate any applicable laws. You commit to us that your opening and/or using of a CURFORMANCE Account does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.
  6. Your CURFORMANCE Account ("Account")
    1. Your Account allows you to store details about your foreign currency transactions and any foreign currencies that you hold.
    2. Your Account does NOT allow you to hold, send nor recieve electronic money/payments.
  7. Getting started
    1. Open an Account. To start using our Services, you must open an Account and provide your details as prompted.
    2. Information must be accurate. All information you provide to us must be complete, accurate and truthful at all times. You must update this information whenever it changes.
    3. Transacting on your own account. All activities under an Account shall be deemed as activities carried out by the registered user. You shall only use the Services to transact on your own account and not on behalf of any other person or entity.
    4. One account per person or entity. You may only open one Account unless we have agreed in writing the opening of additional accounts. We may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, we may close or merge these duplicate accounts at our sole discretion.
  8. Keep your Account safe
    1. What to do. You must:
      1. Change your password regularly and ensure that it isn't reused across other online accounts.
      2. Contact Customer Support if anyone asks for your CURFORMANCE password.
      3. Always follow recommended password management practice, for example: https://support.google.com/accounts/answer/32040?hl=en.
      4. Keep your e-mail account secure. You may reset your CURFORMANCE Account password using your email address. Let Customer Support know immediately if your email address becomes compromised.
      1. What NOT to do. You must NOT:
      2. Disclose your CURFORMANCE Account password. Keep it safe.
      3. Let anyone access your CURFORMANCE Account or watch you accessing it.
      4. Use any functionality that allows your login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded if you don't own that device.
    2. Contact us if you suspect your Account has been compromised. If you suspect your Account or other security credentials are stolen, lost, used without your authorisation or otherwise compromised, you must contact Customer Support immediately, you are also advised to change your password.
    3. Authorising third parties. You may authorise third parties to access your Account to provide their services to you. You acknowledge that if you authorise a third party to access your Account, we may disclose certain information about your Account to this third party. We are not responsible for any such third party's use of your Account or any information in your Account. Granting permission to a third party does not relieve you of your responsibilities under this Agreement.
  9. Closing your Account
    1. You may close your Account at any time. You may end this Agreement and close your Account at any time by contacting our Customer Support.
  10. Intellectual property rights
    1. While you are using our Services, you may use the CURFORMANCE Materials only for your personal use and solely as necessary in relation to those Services.
    2. "CURFORMANCE Materials" include any software (including without limitation the App, the API, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you, or available for download from our Website. You may not, and may not attempt to, directly or indirectly:
      1. transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Service or the CURFORMANCE Materials to any person or entity;
      2. remove, obscure, or alter any notice of any of our trade marks, or other "intellectual property" appearing on or contained within the Services or on any CURFORMANCE Materials;
      3. modify, copy, tamper with or otherwise create derivative works of any software included in the CURFORMANCE Materials; or
      4. reverse engineer, disassemble, or decompile the CURFORMANCE Materials or the Services or apply any other process or procedure to derive the source code of any software included in the CURFORMANCE Materials or as part of the Services.
  11. Our responsibility for loss or damage
    1. We are not liable for business losses. If you use our Services 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.
    2. We are not liable for technological attacks. We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of our Services.
    3. We have no control over websites linked to and from our Website. We assume no responsibility for their content or any loss or damage that may arise from your use of them.
    4. We are not liable for things which are outside of our control. We (and our affiliates) cannot be liable for our inability to deliver or delay as a result of things which are outside our control.
    5. You are liable for breaking this Agreement or applicable laws. In the event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/or your use of our Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.
    6. What happens if you owe us money. In the unlikely event you are liable for any amounts owed to us, we may recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency.
  12. Accessing our services
    1. We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted.
    2. We may suspend, withdraw, discontinue or change all or any part of our Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services.
    3. If you have granted permission to a third party to access your account, we may refuse access to that third party if we are concerned about unauthorised or fraudulent access by that third party. We will give you notice if we do this, either before or immediately after we refuse access, unless notifying you would be unlawful or compromise our reasonable security measures.
  13. Information security
    1. You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. You should use your own virus protection software. We cannot guarantee that our Services will be free from bugs or viruses.
    2. You must not misuse our Services. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, our servers, computers or databases. You must not attack our Website with any type of denial of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and/or our Services will cease immediately.
  14. Linking to our site
    1. You may link to our Website provided you follow certain rules.
        You may link to our Website, provided:
      1. you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
      2. you do not suggest any form of association, approval or endorsement on our part where none exists;
      3. you do not frame our Website on any other site; and
      4. the website complies with our Acceptable Use Policy.
    2. We reserve the right to withdraw linking permission without notice.
  15. When we can end this Agreement or suspend our Services
    1. We may end this Agreement by giving you two months notice. We may end this Agreement and close your CURFORMANCE Account or any service associated with it by giving you two months' prior notice.
    2. We may suspend or close your CURFORMANCE Account without notice in certain circumstances. We may at any time suspend or close your CURFORMANCE Account and/or end this Agreement without notice if:
      1. you breach any provision of this Agreement or documents referred to in this Agreement;
      2. we are requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;
      3. we have reason to believe you are in breach of any applicable law or regulation; or
    3. We may suspend your CURFORMANCE Account for security reasons. We may suspend your CURFORMANCE Account or restrict its functionality if we have reasonable concerns about:
      1. the security of your CURFORMANCE Account; or
      2. suspected unauthorised or fraudulent use of your CURFORMANCE Account.
    4. We will give you notice of suspension where possible. We will give you notice of any suspension or restriction and the reasons for such suspension or restriction as soon as we can, either before the suspension or restriction is put in place, or immediately after, unless notifying you would be unlawful or compromise our reasonable security measures. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
    5. You cannot use the App if this Agreement ends. On termination for any reason all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.
  16. Our right to make changes
    1. We may change this Agreement by giving you at least two (2) months' prior written notice. If we do this, you can terminate this Agreement immediately by providing written notice to us during the notice period. If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice.
    2. In some instances, we may change this Agreement immediately. Despite the previous paragraph, changes to this Agreement which are (1) more favourable to you; (2) required by law; or (3) related to the addition of a new service, extra functionality to the existing Service; or (4) changes which neither reduce your rights nor increase your responsibilities, will come into effect immediately.
  17. How we may contact you
    1. We usually contact you via email. For this purpose, you must at all times maintain at least one valid email address in your CURFORMANCE Account profile. You should check for incoming messages regularly and frequently, these emails may contain links to further communication on our Website. If you don't maintain or check your email and other methods of communications, you will miss emails about our Services. We cannot be liable for any consequence or loss if you don't do this. If we have reasonable concerns either about the security of your CURFORMANCE Account, or any suspected or actual fraudulent use of your CURFORMANCE Account, we will contact you via telephone, email, or both (unless contacting you would be unlawful or compromise our reasonable security measures).
    2. Other ways we may contact you. In addition to communicating via email, we may contact you via letter or telephone where appropriate. If you use any mobile services, we may also communicate with you via SMS. Any communications or notices sent by:
      1. Email will be deemed received by you on the same day if it is received in your email inbox before 5pm on a Business Day. If it is received in your email inbox after 5pm on a Business Day or at any other time, it will be deemed received on the next Business Day.
      2. Post will be deemed received three days from the date of posting for UK post or within five days of posting for international post.
      3. SMS will be deemed received the same day.
    3. Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. Do keep copies of all communications we send or make available to you.
    4. If you need a copy of the current Agreement or any other relevant document, please contact Customer Support.
    5. This Agreement is made in the English language. Documents or communications in any other languages are for your convenience and only the English language version of them are official.
  18. Complaints
    1. If you have any complaints about us or our Services, you may contact us following our Customer Support.
  19. Other important terms
    1. Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end or make any changes to this Agreement.
    2. We may transfer this Agreement to someone else. You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under this Agreement (including the CURFORMANCE Account) without our prior written consent. We reserve the right to transfer, assign or novate this Agreement (including the CURFORMANCE Account) or any right or obligation under this Agreement at any time without your consent. This does not affect your rights to close your CURFORMANCE Account under section 9.
    3. If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of this Agreement 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.
    4. Even if we delay in enforcing this Agreement, we can still enforce it later. If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.
    5. This Agreement supersedes any other previous agreements. This Agreement supersedes and extinguishes all previous agreements between you and CURFORMANCE, whether written or oral, relating to its subject matter.
    6. Which laws apply to this Agreement and where you may bring legal proceedings. This Agreement is governed by the law of the British Virgin Islands. Any dispute between you and us in connection with your CURFORMANCE Account and/or this Agreement may be brought in the courts of the British Virgin Islands.
    7. Not an Investment Advisor and not financial advice. While the financial insights we provide may assist in helping you manage your finances, you should consult with a professional investment advisor before making investment decisions or deciding on significant changes to your personal financial strategy.
    8. Not a Legal or Tax Advisor. Neither we nor our Services give, offer or render tax or legal advice. Before making financial or investment decisions, we recommend that you contact an investment advisor, or tax or legal professional.