This document governs the business relationship between Principled Finance Limited (“PF”) and the “Client”. These terms and conditions set out the terms and conditions upon which contracts (Trades) for the sale or purchase of foreign currency between you, the “Client” and us Principled Finance Limited registered address, International House, 24 Holborn Viaduct, London, EC1A 2BN will be undertaken.
1. Definitions and Interpretation
1.1 In the present Terms and Conditions the following terms shall, unless the context otherwise requires, have the following meanings and may be used in the singular or plural as appropriate:
i. “Business” means a sole trader, body corporate, unincorporated association, partnership or government or its agencies.
ii. “Client” means any Business or private individual who is a registered client of ours
iii. “Communication” shall mean instructions, orders, documents, logs, trading activity and any other information intended to be addressed to a party by the other.
iiii. “Content” means any of our trademarks, other intellectual property and information, data or marketing material in whatever format which we provide to you from time to time.
v. “Working Days” means Monday to Friday excluding English public and bank holidays.
vi. “Partner” means any FCA registered product partner selected by PF.
1.2. Terms defined herein shall have the same meaning in any and all other documents related to the opening of any “Client’s” account with “PF” and deemed to be part of the parties agreement, except if otherwise specified in the relevant document.
1.3. Reference’s to persons shall include individuals, corporate bodies, unincorporated associations, partner-ships and any other entities. Words denoting a gender shall include all other genders. Reference’s to a Section or Sections shall be deemed references to the respective section(s) of these Conditions. Headings and notes herein are for reference only and shall not affect the construction and interpretation of the Conditions.
2. Use of the web portal
2.2 The content of the pages of this website is for your general information and use only. It is subject to change without notice.
2.3 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
2.4 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. We recommends that you make appropriate enquiries and, if necessary, take legal and independent financial advice before entering into any transaction which may be based on any of the material contained in this website.
2.5 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited.
2.6 Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offense.
2.7 From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
2.8 Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
3. The Service Provided
3.1 Principled Finance Limited acts as an introducing broker to affiliated third party partner FCA regulated firms and individuals, who are responsible for providing investment services to clients referred by PF.
3.2 Save for services provided to clients of Principled Finance currency services PF does not provide specific investment advice.
3.3 PF is renumerated by the third party partner FCA firms and individuals for introducing the client to the aforementioned partner firm or individual either upon introduction or upon the client transacting investment business with the third party firm or individual or both.
4. PF’s liability to the client
4.1 PF will not be liable to the Client for the act or omission of any third party, provided that where PF has instructed the third party, PF has used reasonable skill and care in selecting the third party.
4.2 Without limiting clause 4.1 PF will only be responsible for or liable to the Client for the Client’s reasonably foreseeable direct loss, which is defined as any or all of the money that PF agrees to transfer on the Client’s behalf which is lost or stolen as a direct result of PF’s negligence, error or omission. PF will not be responsible for or liable to the Client for any other reasonably foreseeable direct liability, loss, damage, cost or expense that the Client may incur.
4.3 PF shall not be responsible for or liable to the Client, or any person claiming through the Client (whether in contract or for breach of a legal duty of care owed by PF or otherwise) for any consequential or indirect loss, damage, cost or expense of any nature whatsoever, nor for any economic loss or loss of turnover, profits, business, anticipated savings or goodwill, any damage to reputation, loss of trade, loss of bargain, or loss of opportunity (whether direct or indirect), incurred or suffered by the Client or any person claiming through the Client, in each case whether such damage was foreseen or advised to PF as likely to occur.
4.4 PF shall not be liable to the Client in contract, tort (including negligence) or otherwise for any loss or damage in connection with the performance or failure to perform any provisions of a Contract where and to the extent that such loss or damage arises directly or indirectly from an act or omission of the Client or its employees, agents or contractors.
4.5 PF shall not be responsible for or liable to the Client for any liability, loss, damage, cost or expense of any nature whatsoever incurred or suffered by the Client or any person claiming through the Client as a result of any Force Majeure Event.
4.6 Nothing in this Agreement excludes or restricts PF’s liability in respect of: fraud or willful misconduct; death or personal injury caused by PF’s negligence; or any other liability which cannot lawfully be excluded.
4.7 The Client and PF agree that the exclusions and limitations of liability and the resulting allocation of risk and liability contained in this Agreement and each Contract are reasonable in all the circumstances and having regard to all the relevant facts, including the nature of any Contract and the negotiated rates which take into account the allocation of risk and liability.
5. The client’s liability to PF
5.1 The Client will be responsible for all Losses (including, without limitation, any Losses resulting from the termination of any Contract pursuant to this Agreement) which the Client will repay to PF on demand by PF.
5.2 In respect of amounts due and payable to PF under any Contract or otherwise under this Agreement, PF may charge interest at 5 per cent per annum above the base rate, from time to time in force, at the central bank of the country in whose currency the amount due is owed or such other statutory or court rate as may apply from the date payment is due until the date payment is made. Amounts due under this clause may at PF’s reasonable discretion be converted to Pounds Sterling or any other foreign currency at a rate to be reasonably determined by PF.
6.1. In the unlikely event that you are dissatisfied with any of the services we perform in the first instance in accordance with our complaints procedure we require you to inform us of your complaint either initially verbally or in writing where the initial complaint is verbal it must be followed up immediately with a written complaint. Such complaint should be addressed to the Head of Compliance at our address on these terms and conditions. If you are dissatisfied with our response you retain the right to have refer the matter to the Financial Ombudsman Service situated at Exchange Tower, London, E14 9SR.
7.1. Neither party shall disclose to any person (unless required to do so by any applicable l aw or by any regulatory or supervisory authority or by any other person entitled by law to require such disclosure) any information relating to the business, investments, finances or other matters of confidential nature of the other party which it may in the course of its duties or otherwise become aware, and each party shall use all reasonable endeavours to prevent any such disclosure.
7.2. By adhering to these Conditions, the “Client” authorises PF to disclose such information relating to the “Client” as may be required by any law, rule or regulatory authority, including any applicable Market Rules, without prior notice to the “Client”.
8.1. These terms represent the entire agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter.
8.2. Each party acknowledges that in entering into this agreement it does not rely on any statement, representation, assurance or warranty of any person other than as expressly set out in this agreement.
8.3. Nothing in these terms shall limit or exclude any liability for fraud.
8.4. No reliance should be placed on any oral statements made either before or after entering into these terms. Any information provided by PF to Clients is for information purposes only, and should not be relied upon as expert advice. No reliance should be made on any statements made on the PF website, which may be out of date. PF accepts no variations to these terms and conditions proposed by Clients save those expressly agreed by a Director of PF in writing. PF may vary the terms of this agreement by posting notice of such variations on its website www.principledfinance.co.uk and such changes shall be binding from the date of such notice.
8.5. If any provision of this agreement is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable that provision or part provision shall, to the extent required, be deemed not to form part of these terms or any contract or Trade transacted there under, and the validity and enforceability of the other provisions of these terms shall not be affected.
8.6. The Client may not, without the prior written consent of PF, assign, transfer, charge, mortgage or deal in any other manner with all or any of its rights or obligations under these terms.
8.7. All communications in regard to any Transaction shall be in the English language.
8.8. A person who is not a party to these terms shall not have any rights under or in connection with them. In particular, nothing in this Agreement is intended to confer any benefit on any third party or any right to enforce provision of the Agreement or these conditions and accordingly, the Contracts (Rights of Third Parties) Act 1999 shall not apply to any provisions of this Agreement or these conditions.
8.9. These terms and any Trade or contract made pursuant to these terms and any dispute arising hereunder shall be interpreted in accordance with English law and all disputes shall be heard in the exclusive jurisdiction of the courts of England and Wales.
9. PF’s commitment to protect the client’s personal data
9.1 PF will observe the requirements of the Data Protection Act 1998 (as amended and supplemented) in the performance of its obligations under this Agreement and will comply with any request made or direction given by the Client, which is directly due to the requirements of the Data Protection Act 1998. PF will only use personal data to allow PF (which for the purposes of the following permissions will include any PF Group Company) to provide the Services to the Client (including for the purposes of this clause 16 the services of any PF Group Company), to assess PF’s risks in providing those Services and to enable PF to enforce its rights under this Agreement if necessary. This may involve passing personal data to third-party service providers or PF’s agents, on the understanding that they keep it confidential. PF may need to give its auditors, professional advisers, agents or subcontractors access to personal data or anyone who is interested in PF’s business by virtue of clause 17. PF may send personal data outside the European Economic Area (EEA) to jurisdictions which may not have an equivalent standard of data privacy laws as that in Europe or the EEA. Where PF does this, PF will take appropriate steps to protect personal data. PF may conduct searches through credit and identity-referencing agencies and other sources of information and use scoring methods to verify the Client’s identity and credit rating. A record of this process will be kept and may be used to help other companies verify the Client’s identity. Information may also be passed to financial and other organizations to prevent fraud. If the Client has been referred to PF by a third party, PF may provide them (or any party to whom they assign their rights under their agreement with PF) with personal data relating to the Client’s Contracts in which they are interested by virtue of PF’s agreements with them. PF may from time to time – by telephone, email or other electronic communication, fax or post – provide the Client with information relating to other services that PF, any PF Group Company or selected third parties connected with PF’s business can offer. The Client agrees that PF may call upon the Client at a reasonable hour or otherwise communicate with the Client without an express invitation. The Client’s attention is also drawn to PF’s full Client privacy commitment which is available on PF’s Website or on request from the Client’s usual PF point of contact or PF’s data protection officer.
10.1 PF may, at any time, assign (absolutely or by way of security and in whole or in part), transfer, mortgage, charge or deal in any other manner with the benefit of any or all of its rights and/or obligations arising under or out of this Agreement. PF may subcontract or delegate in any manner any or all of its obligations under this Agreement to any third party or agent.
10.2 This Agreement and all Contracts are personal to the Client and its rights and obligations may not be transferred or assigned by the Client to anyone else, although the rights and obligations will pass to the Client’s successors and permitted assigns (where relevant).