This website is designed to give you information on the products and services offered by VINCIFX. As with all investing, your money is at risk. The value of investments, and the income from them, may fall or rise and you might get back less than you invested. You should seek financial advice if you are unsure about investing. Past performance is not a reliable indicator of future returns. The tax treatment of your investment will depend on your individual circumstances and may change in the future.
VinciFX operates using Vantage Global Prime LLP, which is Authorised and regulated by the Financial Conduct Authority under Firm Reference Number: 590299 and its principal place of business is at 7 Bell Yard, London WC2A 2JR, UK.
By law, all client money is kept in segregated Trust account with NatWest, which means that VINCIFX is not permitted to use money of clients to pay for expenses. In the unlikely event NatWest goes bankrupt, your money is still safe because it is held in a Trust account and in the unlikely event Vantage Global Prime LLP fails, each eligible client is protected for up to £85,000 or the equivalent of other currency by the Financial Services Compensation Scheme (“FSCS”).
Collecting Personal Information
- Examples of Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
- Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
- Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
- Disclosure for a business purpose: shared with our processor Shopify.
- Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.
- Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
- Source of collection: collected from you.
- Disclosure for a business purpose: shared with our processor Shopify.
Customer support information
- Examples of Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.
- Purpose of collection: to provide customer support.
- Source of collection: collected from you.
- Disclosure for a business purpose: VantageMarkets
The Site is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.
Sharing Personal Information
We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:
- We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
- We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
You can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Using Personal Information
We use your Personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.
Pursuant to the General Data Protection Regulation (“GDPR”), if you are a resident of the European Economic Area (“EEA”), we process your personal information under the following lawful bases:
- Your consent;
- The performance of the contract between you and the Site;
- Compliance with our legal obligations;
- To protect your vital interests;
- To perform a task carried out in the public interest;
- For our legitimate interests, which do not override your fundamental rights and freedoms.
When you place an order through the Site, we will retain your Personal Information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the ‘Your rights’ section below.
If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you.
We DO NOT engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.
Our processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you.
Services that include elements of automated decision-making include:
- Temporary denylist of IP addresses associated with repeated failed transactions. This denylist persists for a small number of hours.
- Temporary denylist of credit cards associated with denylisted IP addresses. This denylist persists for a small number of days.
If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.
Your Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.
If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.
If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address below.
A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance, whether it’s their first time visiting or if they are a frequent visitor.
We use the following cookies to optimize your experience on our Site and to provide our services.
Cookies Necessary for the Functioning of the Store
|_ab||Used in connection with access to admin.|
|_secure_session_id||Used in connection with navigation through a storefront.|
|cart||Used in connection with shopping cart.|
|cart_sig||Used in connection with checkout.|
|cart_ts||Used in connection with checkout.|
|checkout_token||Used in connection with checkout.|
|secret||Used in connection with checkout.|
|secure_customer_sig||Used in connection with customer login.|
|storefront_digest||Used in connection with customer login.|
|_shopify_u||Used to facilitate updating customer account information.|
Reporting and Analytics
|_landing_page||Track landing pages|
|_orig_referrer||Track landing pages|
|_shopify_sa_p||Shopify analytics relating to marketing & referrals.|
|_shopify_sa_t||Shopify analytics relating to marketing & referrals.|
The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.
Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioural Advertising” section above.
Do Not Track
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email address] or by mail using the details provided below:
L.I.T. GROUP HOLDINGS (UK) LIMITED, 34A QUEENSTOWN ROAD, Flat 1, LONDON SW8 3RX, United KingdomLast updated: 23.03.2022
If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here:
This website is operated by VinciFX. Throughout the site, the terms “we”, “us” and “our” refer to VinciFX. VinciFX offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall VinciFX, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless VinciFX and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at INFO@VINCIFX.COM.
Pelican Exchange Limited
1. ABOUT US
a. We are Pelican Exchange Limited (‘Pelican Exchange’ or ‘we’, ‘us’ or ‘our’ as appropriate), a limited company incorporated in England and Wales, company number 09437275, and trading under the name “Pelican Exchange” and “Pelican”. Our registered office is 85 Great Portland Street, First Floor, London, W1 W7LT, company number OC345870 and our business address is WeWork Southbank Central, 30 Stamford St. SE1 9LQ. Pelican Exchange Limited is an Appointed Representative of London and Eastern LLP which is authorised and regulated by the Financial Conduct Authority (“FCA”) with respective FCA registration numbers 739090 and 534484.
b. We provide a number of services to our Members (as defined below) who enter into spread bet (‘Spread Bet’), contract for difference (‘CFD’), foreign exchange transaction (‘Forex’) and share dealing (‘Share Purchase’) transactions (‘Transactions’) with Transaction providers with whom we have partnered (‘Transaction Providers’). We do not provide Members with advice or recommendations relating to any particular Transaction, any Transaction Provider, any Followed Member (as defined below) or any security underlying a Spread Bet, and you will not be entitled to ask us to provide to you any advice or recommendation in relation to any Transaction or to make any statement of opinion or encourage you to enter into any particular Transaction.
b. Although the Site/App provides links to Transaction Providers, it does not itself provide facilities for Transactions. All Transactions are executed by the Transaction Providers on their own terms and conditions, to which the Member will be subject.
2. ABOUT THE SERVICE
a. The Site/App gives general information about the Service and its features that are available to registered users of the Site/App (‘Members’).
b. The features of the Service that are available to Members include:
‘Groups and Chats’ is a feature of the Service that allows Members to chat and share live trade notifications with other Members.
‘Copying’ allows you to select another Member's trade and copy the parameters. Parameters include: direction, market, stop and limit.
‘Challenging’ allows you to select another Member's trade and copy the parameters, but take opposite direction. Parameters include: market, stop and limit.
‘Create Groups and Chats’ allows Members to invite their friends to join up to the Service. This is a two-step process. First, you send us your friend’s name and email address or mobile phone number, then we contact the friend, telling them who we are, and inviting them to visit the Site. When we contact your friend, we always advise them of the name of the friend who made the original referral. We will not use your friend’s details for any other purpose.
‘Following’ provides a Member with direct access to the Transactions of another Member (a ‘Followed Member’).
‘Member Statistics’ is a feature of the Service that presents information about a Member’s trading performance. This information does not constitute financial advice.
‘Messenger’ is a feature of the Service which allows Members to message other Members, depending on the privacy restrictions selected. All messages sent using this feature are recorded.
b. We also provide functionality that allows certain Members (expert traders or “Mentors”) to charge for access to their Groups (see section 8 below). Otherwise, the Service is free of charge to Members.
c. We may add further features to the Site/App, or amend the features of the Site/App, from time to time.
3. MEMBERSHIP REGISTRATION
a. The Service is available only to Members.
b. To register as a Member you must be 18 years of age or over and agree to abide by these Terms.
c. For details of how you register for the Service, see http://www.pelicanexchange.com.
d. When you register for the Service, we will ask you to confirm that:
i. you are 18 years old or over;
ii. all information about yourself that you give to us from time to time is true, complete and accurate;
iii. you understand the nature of spread betting, CFD trading, Forex trading and share dealing, and have read the Risk Disclosure Statement, and in particular you understand that in relation to a Spread Bet, CFDs and Forex trades you may be exposed to a loss which is greater than your initial outlay;
iv. you have regular access to the internet and have provided to us a valid email address which we can use to communicate with you; and
v. you consent to the provision to you of information and the Service, as well as invoices and statements of account, via the Pelican Exchange website and by e-mail communication to the e-mail address you provide to us from time to time.
f. By ticking the ‘I Accept’ box and pressing ‘Sign Up’ as part of the registration process, you consent to be bound by these Terms, and there is a legally binding contract between you and us (‘Contract’), subject to your right of cancellation (see below). If you do not agree to all of these Terms, you must not tick the box ‘I Accept’ and press ‘Sign Up’, and you will not be entitled to register as a Member for the Service.
g. We will send you confirmation of your registration by e-mail to the email address you have given.
h. If you are a consumer, you have a right to cancel the Contract under the United Kingdom Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 for a period of fourteen (14) days from the date when the Contract is made, by giving us notice by post or email to the address or email address shown below, or by phone to the telephone number shown below. You can use the cancellation form we provide when we send you email confirmation of your registration, but it is not obligatory. During the cancellation period we cannot begin to provide the Service to you unless you expressly request us to do so, and acknowledge that your right to cancel the Contract will be lost where the Service is fully performed within the cancellation period. We will ask you to do so by ticking the box as part of the registration process.
4. FCA RULES
a. The Service is subject to the rules set out in the FCA Handbook , for which see https://www.handbook.fca.org.uk/ (‘FCA Rules’). References to the FCA include any organisation which replaces the FCA or takes over the conduct of its affairs, and references to the FCA Rules are as varied, substituted or amended by the FCA from time to time.
b. We will treat you as a Retail Client (as defined in the FCA Rules) unless you satisfy the definition of Professional Client (as defined in the FCA Rules) or Eligible Counterparty (as defined in the FCA Rules) in which case we may notify you that we will treat you as such.
c. You may request a different client categorisation from the one we have allocated to you although we may decline such request. If you do request a different client categorisation and we agree to such request, you may lose the protection afforded by certain FCA Rules.
d. We are required as part of our anti-money-laundering obligations to the FCA to identify users of the Service. We will therefore ask questions to all Members which will help identify who they are. We will also use third parties to run electronic checks on members’ identification, and may request further scanned documentation in order to verify a Member’s identification and residency.
5. TRADE NOTIFICATIONS
a. Groups and Chats allow members to receive financial trading information from Members of your group(s) (‘Trade Notifications’).
b. When receiving trade notifications from another Member, you accept that:
i. past performance of a selected account is no indication of future performance;
ii. information received from a Member may be part of a wider trading strategy, the full details of which are not available;
iii. Pelican Exchange will not be liable for any losses incurred as a result of action taken by you from information available on the Site or App;
iv. by providing to you information received from a Member, neither Pelican Exchange nor the Member is providing to you any advice or personal recommendation or any financial promotion in relation to any Spread Bet, CFD, Forex trade or Share Purchase, any Transaction Provider, the relevant Member or any security underlying any Spread Bet, CFD, Forex trade or Share Purchase;
v. the speed at which Trade Alerts arrive from a Member can vary, and while Pelican Exchange takes reasonable steps to ensure the fastest speed of delivery it cannot guarantee that Trade Notifications will arrive in a timely manner; and
vi. because the Trade Alerts are provided by third parties, Pelican Exchange cannot guarantee their accuracy, completeness or reliability, or that they will actually be sent or received, and while Pelican Exchange takes reasonable steps to ensure their provision, it accepts no liability in this respect.
6. TRADE ALERTS
a. Trade Alerts are notifications sent by Pelican Exchange to you notifying you of trades made by Members. Trade Alerts may contain information which includes but not limited to:
i. Name of Member
ii. Time and date we receive the notification
iii. Market traded
iv. Direction (bought/sold or up/down)
v. Price at which the market was traded
vi. Stop loss
vii. Profit limit (if appropriate)
b. Trade Alerts are sourced from Transaction Providers, who are independent third parties. Because of this you accept that:
i. neither Pelican Exchange nor the Member is liable for the accuracy of the information contained in a Trade Alert;
ii. neither Pelican Exchange nor the Member is liable for the speed at which a Trade Alert is received by you; and
iii. by providing the Trade Alert to you neither Pelican Exchange nor the Member is providing to you any advice or personal recommendation or any financial promotion in relation to any Spread Bet, CFD, Forex trade or Share Purchase, any Transaction Provider, the relevant Followed Member or any security underlying any Spread Bet;
7. GROUPS AND CHATS
a. When you participate in the Groups and Chats, we will provide clear information to you about the kind of service offered. We will do our best to assess any possible risks for users, but we are not responsible for content posted within these Groups, and we do not endorse any of the material contained in them. The content contained within them does not form part of the FCA regulated content within the Site/App.
b. By participating in Groups you accept and agree that neither Pelican Exchange nor any other Member is providing to you any advice or personal recommendation or any financial promotion in relation to any Spread Bet, CFD, Forex trade Share Purchase, Transaction Provider, Followed Member or any security underlying any Spread Bet, CFD, Forex trade or Share Purchase.
c. Communication between Members in Groups is an additional part of the Service. In order to protect Members, we may monitor, record, edit or delete Groups without giving notice to you, although we are under no obligation to do so. We reserve the right to terminate your Membership or remove any post without notice if you undertake any activities prohibited by these Terms.
d. When engaging in Groups and Chats, you must not:
i. post any content which contravenes these Terms;
ii. disrupt Groups in any way, such as by:
1. intentionally causing the Groups’ screen to scroll faster than other Members are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Groups;
2. posting commercial solicitations and/or advertisements for goods and services including spam, chain letters, unsolicited marketing material, advertise investment services, offer to buy, sell or broker an investment, violate the rules of the London Stock Exchange or theFCA; or
3. sending repeated unsolicited or unwelcome messages to a single Member or repeatedly posting similar messages in a Group, including continuous advertisements to sell goods or services; and
iii. use bots or other automated techniques to collect information from a Discussion Group.
e. By using the Groups you grant to Pelican Exchange and its successors a non-exclusive, worldwide, royalty-free, perpetual and irrevocable licence to use, display, distribute and reproduce in whole or in part in any media any posts you may publish in the Discussion Groups.
8. PAID-FOR GROUPS
a. We may at our discretion permit any Mentor to create a Group which other Members must pay a subscription charge to join (“Paid-for Group”). In this case:
i. the amount of the monthly subscription will be stated on the Paid-for Group introduction page;
ii the Member will be asked to enter their bank details and agree to pay the charge in advance immediately upon joining the Paid-for Group;
iii the Member will be charged in advance every 30 days from the date they first joined the Paid-for Group;
iv any Member can leave the Paid-for Group and unsubscribe at any time, by selecting “Settings>Exit Group”, in which case their access to the Paid-for Group will be terminated with immediate effect, but they will not be entitled to a refund if they leave midway within any 30 day period;
v Mentors are under no obligation to be active during any relevant period during which a Paid-for Group is set up;
vi any information to which a Member is given access through membership of a Paid-for Group should not be interpreted as either investment advice or a personal recommendation or an incentive or inducement to trade by either Pelican Exchange or the Mentor, nor is it a financial promotion;
vii Members must be aware that historic information and any synthetic/simulated/past performance statistics made available within the Paid-for Group are for illustrative purposes only and should be not be taken in any way as an indication of future performance or definitive information, and Members who choose to replicate (copy) a trade do so entirely at their own risk;
viii information on the wall of the Paid-for Group may only be a representation of part of the Mentor’s trade activity.
b. Where we permit a Mentor to set up a Paid-for Group:
i the Mentor will be required to create and connect a Stripe account to handle payment and collection of subscription charges;
ii the subscription charges will be paid directly into the Mentor’s bank account;
iii we will charge the Mentor a commission fee equal to 25.6% of the gross subscription cost (including the Stripe processing cost), which will be payable at the same time the members’ monthly subscription charge is paid;
iv Mentors must not to promote, embellish or talk up their performance in any chats,blogs, electronic messaging or any medium(for instance, by making any reference to future profitability), but if they do so we reserve the right to shut down the Paid-for Group and close down the Mentor’s account immediately.
c. We may at our discretion agree with certain Mentors to pay them a rebate on the commission fee charged under 8.b.iii above, based on the commission we receive from any participating prime broker that may be engaged from time to time for trades by the Mentor that are copied by other Members, provided that:
i we reserve the right to end this rebate arrangement at any time with no prior notice to the Mentor, and are under no obligation to pay any rebates should we decide not to do so;
ii we will pay the rebates in a timely manner (and will typically attempt to pay the rebates 30 days after receipt of commission from the prime broker) but are not bound by any time constraint;
iii as we are bound to operate within our Part4a permission under the Financial Services and Markets Act 2000 as shown on the Financial Services Register, this may affect the terms under which rebates are paid, and we therefore reserve the right to adjust or terminate any rebate arrangement with immediate effect should changes to the regulatory framework make it necessary in our opinion;
iv where we grant a rebate, payment will be made to the Mentor’s nominated bank account (or, at our discretion, to the Mentor’s Stripe account), but in each case an invoice will be required before payment can be made.
9. YOUR USE OF THE SERVICE
a. You must not:
i. disclose your username or password to anyone else (we will never ask you for your password by telephone or email);
ii. post any content to the Site/App which may reasonably be regarded as offensive, unlawful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, or racially, ethnically or otherwise objectionable (please note that using a misspelling or alternate spelling of a word will not circumvent this requirement);
iii. post any material that contains a virus or other malicious code;
iv. post any other person’s personal information;
v. publish any material subject to third party copyright ownership;
vi. add links on the Site or App to other websites or applications which may contain defamatory, obscene or otherwise unlawful material;
vii. use the Site or App to harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any other Member or any other person;
viii. leave your browser logged on to the Site or App open without your attendance so that unauthorised persons might be able to access the Service without your knowledge;
ix. exit from the Site or App without properly logging off using the “Logout” link;
x. copy, in whole or in part, any of the information on the Site or App (including any information about other Members) other than for the purposes contemplated by these Terms;
xi. permit or create unauthorised framing of, or deep linking to, the Site or App from another website under your management or control;
xii. exploit the Service or any part of it for any commercial purpose, including any advertisement for your own or any other person’s products and services;
xiii. copy, adapt, modify, reverse engineer, disassemble or decompile any of the software underlying the Site or App; or
xiv. create or maintain any unauthorised connection to the Site or App.
b. You must ensure that any content you post on the Site or App does not infringe the intellectual property or other rights or any other person or violate any applicable laws.
c. You must not copy, reproduce, modify, create derivative works from, create links to, transmit, distribute, collect information from the Site or App to incorporating it into your own database or products, publish or otherwise publicly display any content without our prior written consent. If you undertake any of these prohibited activities we put you on notice that you are breaching our and our licensors' intellectual property rights in the information and we reserve the right to take action against you to uphold our rights, which may involve pursuing injunctive proceedings.
d You must not:
make the App available to any other person without prior written consent from us;
copy the App, except as necessary for back-up or security;
modify the whole or any part of the App, or permit it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms;
attempt to reverse engineer the App (except as permitted by law);
use the App in any unlawful manner or for any unlawful purpose;
use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the Service.
e. You may only use the Service for lawful purposes.
f. You must notify us immediately if you become aware of any unauthorised use of the Service or the Site or App.
g. We may take down from the Site or App or edit any content if we reasonably believe it contravenes these Terms.
10. INTELLECTUAL PROPERTY RIGHTS
a. The Site/App and its contents are protected by intellectual property rights including copyright, trademarks and other intellectual property rights. Those rights are protected by laws and treaties around the world. We reserve all our rights in such intellectual property.
b. Except as expressly permitted by these Terms or as otherwise agreed with us, you may not copy, disseminate, or download any content of the Site/App.
11. AVAILABILITY OF THE SERVICE
a. We reserve the right to suspend the Site or App at any time for operational, regulatory, legal or other reasons.
b. We cannot guarantee that the Site or App will be available at all times without interruption. Although we make reasonable attempts to ensure that the server that makes the Site/App available is bug and virus free, we cannot provide any guarantee in this respect.
c. We may terminate your use of the Site or App with immediate effect if you breach any of these Terms.
a. We will provide the Service using reasonable care and skill and in the manner we have agreed with you, unless we are prevented from doing so by circumstances beyond our reasonable control. We also warrant that the App will be as described, fit for purpose and of satisfactory quality. However, we do not guarantee that the Service will meet your expectations or requirements.
b. If your computer equipment does not support relevant technology, including encryption, you may not be able to use certain services or access certain information on the Site/App.
c. Where messaging services are available on the Site or App, we will not be responsible for any failure of electronic messages or images (whether via the internet or SMS) sent through the Site or App to reach your intended recipient.
d. The Site and App is accessed via the World Wide Web. Your use of the World Wide Web is at your own risk and subject to all applicable national and international laws and regulations. Owing to the nature of the Internet and the fact that your access to our Site and the App involve functionality outside our control, we cannot be held responsible for technical problems that you may experience with our Site or the App. We do not represent that the Site/App is appropriate or available for use in any jurisdiction other than the United Kingdom. Our Site and the App are not aimed at persons who are residents of any country where the provision of any information shown on our Site or the App is forbidden.
e. While we try to use all reasonable care in providing access to our Site and the App, we cannot be held responsible for any corruption or loss of data held on your computer or your mobile phone or other device, or any damage caused to your computer or your mobile phone or other device resulting from your use of our Site or the App.
f. The content on the Site and App has been compiled from a variety of sources, and is subject to change without notice. We have taken reasonable care in compiling and presenting the content of the Site/App to ensure that the information supplied on the Site/App is an accurate reproduction of the material from which it is sourced. However, we cannot guarantee that all information (in particular market data) will be free from errors, omissions or inaccuracies.
g. We will not have any liability arising out of or in connection with the Service, the Site or the App for:
i. any loss of profit or business losses; or
ii. any losses arising out of your use of or inability to use the Service or the Site/App, any delay in the performance of the Service or any defect in the Service, due to events outside our reasonable control; or
iii. any unforeseeable losses.
h. We do not seek to exclude or limit our liability for death or personal injury caused by negligence, or for fraudulent misrepresentation, or any other liability which may not be excluded or limited by law.
i. Nothing in this Agreement will exclude or limit any of your legal rights if you are a consumer.
13. LINKS TO THIRD PARTIES’ SITES
a. The Site or App may provide links to other websites including the websites of Transaction Providers. Selecting any of these links will direct you to a website that is not related in any way to us. We take no responsibility for the content contained on any such website and the link to these other websites does not imply an endorsement, financial promotion or recommendation of the website, its products or services.
14. CONFLICTS OF INTEREST
a. You acknowledge that we and our Associated Companies provide a diverse range of financial services to a broad range of clients and counterparties and circumstances may arise in which we, our Associated Companies or a Relevant Person (as defined in the FCA Rules) may have a material interest in a Spread Bet, CFD, Forex trade or Share Purchase that you may enter into using a Transaction Provider.
b. We are required by law to identify conflicts of interest between us, our Associated Companies and relevant Persons and Members or between Members that arise in the course of operating the Site/App. The following are examples of material interests and conflicts of interests:
i. You may, having entered the Site or App and used the Service, by clicking through a link, enter into a Spread Bet, CFD, Forex trade or Share Purchase with an Associated Company;
ii. Subject to the FCA Rules, we may pay to and accept from third parties (and not be liable to account to you) benefits, commissions or remuneration which are paid or received as a result of you using the Site/App or clicking through to a Transaction Provider; in particular we may receive payments from Transaction Providers.
c. We have in place organisational and administrative controls to manage the conflicts of interest identified above so we can be reasonably confident that risks of damage to Members can be prevented. These are set out in our Conflict of Interests Policy which is available upon request d. Except as mentioned above, we are not obliged to tell you of any conflict arising provided we have managed the conflict in accordance with our Conflict of Interests Policy, but we will do so if we do not consider our Conflict of Interests Policy is insufficient to manage such a conflict. We are not under any obligation to account to you for any profit, commission or remuneration made or received from or by reason of your use of the Services or your accessing any Transaction Provider via the Site and App.
e. You acknowledge that you are aware of the conflicts referred to in this clause and consent to us acting notwithstanding any such conflict.
f. In this clause, ‘Associated Company’ means any holding company or subsidiary company (as defined in the Companies Act 2006) from time to time of ours or any subsidiary company of any such holding company or its subsidiaries. Please contact us if you require any further explanation.
15. TRANSFERRING RIGHTS AND DUTIES UNDER THE CONTRACT
a. We may transfer our rights and duties under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
b. Because of the personal nature of the Service, you may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16. GENERAL INFORMATION
a. We reserve the right to change the way our Site and/or the App works from time to time and to withdraw any features of the Service or the content provided on our Site and/or the App without giving notice. We will not be liable for any loss or damage arising as a result of changes made to the Site or the App.
b. We reserve the right to change any of these Terms from time to time without prior notice. Any change will become effective immediately upon posting to the Site or App. By continuing to use the Site, you accept any such change.
C. Unless otherwise stated in these Terms, all notices from you to us must be in writing (including email, but not other forms of electronic communication) and sent to [info@ pelicanexchange.com] or the address given below. All notices from us to you will be sent by email to the email address you have supplied.
D. The language of these Terms is English and Pelican Exchange will communicate with you in English.
a. You agree that Pelican Exchange may terminate without prior notice your membership and restrict your access to the Service (or any part of it) without limiting any other rights or remedies that Pelican Exchange may have if you have breached these Terms.
b. You may terminate your Membership at any time by sending an email to firstname.lastname@example.org.
18. APPLICABLE LAW AND JURISDICTION
These Terms are governed by English law and the courts of England and Wales will have jurisdiction over any dispute in connection with the Service or these Terms, but that does not affect any legal rights you may have as a consumer under the law of any other part of the United Kingdom, or any other EU member state, where you live, or any right you may have to take legal proceedings there..
19. FURTHER INFORMATION AND COMPLAINTS
a. If you have any queries or complaints regarding the Site or App, or wish to notify us about any aspect of these Terms, please contact us at the postal or email address given in the ‘Contact Us’ www.pelicanexchange.com/contact.php page on the Site or App in the first instance.
b. If you are dissatisfied with the result of our handling of any complaint you may, depending on the service provided be able to refer your complaint to the Financial Ombudsman Service for further investigation. Any complaint in relation to the placing or handling of a Spread Bet, CFD, Forex trade or Share Purchase should be taken up with the relevant Transaction Provider through which you dealt.
c. We are covered by the Financial Services Compensation Scheme. You may be entitled to compensation from the scheme if we cannot meet our obligations. Most types of investment business are covered up to the first £85,000. Further information about compensation arrangements is available from the Financial Services Compensation Scheme.
Last updated: November 2019
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