Terms & Conditions
1. Information About Us
MatchedFX Private LTD is a company incorporated and registered in England and Wales, whose registered office is at 40, Mitchell Road, Orpington, Kent BR6 9TW, United Kingdom. Our Company registration number is 13118548. You may contact us at firstname.lastname@example.org.
2. Scope of MatchedFX Services
2.1 The MatchedFX Platform is an online marketplace that enables registered users (“Users”) to exchange currency without intermediatory in a peer to peer manner. MatchedFX would do the same in a fully digital manner ensuring ease of service, in one flat fee structure allowing for near-realtime settlement and payment.
2.2 By using MatchedFX the user agree that of they have m ade an offer, it may or may not get converted or may get partially converted. Matching provided under MatchedFX platform is done in a many to many mannor allowing for the best rate offer to be seetled first and if they are more than one offer at the same rate that the earlies one submitted will be matched first.
2.3 To promote the MatchedFX Platform and to increase the exposure of Listings to potential Users, Listings and other Vendor Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Users who speak different languages, MatchedFX may make automated tools available to enable Users to translate Listings and other Vendor Content, in whole or in part, into other languages. Users are free to use these tools at their own discretion. MatchedFX cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations.
2.4 The MatchedFX Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. MatchedFX is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by MatchedFX of such Third-Party Services.
2.5 MatchedFX is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the MatchedFX Platform. MatchedFX may, temporarily and under consideration of the Users’ legitimate interests, restrict the availability of the MatchedFX Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the MatchedFX Platform. MatchedFX may improve, enhance and modify the MatchedFX Platform and introduce new MatchedFX Services from time to time. MatchedFX will provide notice to Users of any changes to the MatchedFX Platform unless such changes are of minor nature without having a material effect on the parties’ contractual obligations. This notice will be at the top of the Terms or Privacy pages and it is the responsibility of Users to regularly visit those pages to learn about the changes.
3. Using the MatchedFX Platform, Users and Vendors Verification
3.1 In order to access and use the MatchedFX Platform or register a MatchedFX Account you must be an individual at least 18 years old.
3.2 MatchedFX may make access to and use of the MatchedFX Platform, or certain areas or features of the MatchedFX Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a User’s or Vendor’s booking and cancellation history.
3.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User or Vendor’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users or Vendors to provide a form of government identification or other information or undertake additional checks designed to help verify their identities or backgrounds, (ii) screen Users or Vendors against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User or Vendor, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
3.4 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the MatchedFX Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
4. Modification of these Terms
MatchedFX reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the MatchedFX Platform and update the “Last Updated” date at the top of these Terms. You are sole responsible to regularly check for updates in those terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement, your continued access to or use of the MatchedFX Platform will constitute acceptance of the revised Terms.
5. Account Registration
5.1 You must register an account (“MatchedFX Account”) to access and use certain features of the MatchedFX Platform, such as booking a Listing.
5.2 You must register a MatchedFX Account using a phone number.
5.3 You must provide accurate, current and complete information during the registration process and keep your MatchedFX Account and public MatchedFX Account profile page information up-to-date at all times.
5.4 You may not register more than one (1) MatchedFX Account unless MatchedFX authorizes you to do so. You may not assign or otherwise transfer your MatchedFX Account to another party.
5.5 You are responsible for maintaining the confidentiality and security of your MatchedFX Account credentials and may not disclose your credentials to any third party. You must immediately notify MatchedFX if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your MatchedFX Account. You are liable for any and all activities conducted through your MatchedFX Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5.6 MatchedFX may enable features that allow you to authorize other Vendors or certain third parties to take certain actions that affect your MatchedFX Account. For example, we may enable Vendors to link their MatchedFX Accounts to businesses and take actions for those businesses, we may enable eligible Vendors or certain third parties to book Listings on behalf of other Vendors, or we may enable Vendors to add other Vendors as Co-Vendors (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by MatchedFX to ask for your credentials, and you shall not request the credentials of another Member.
5.7 You may close your account at any time by requesting to do so in your profile section of the MatchedFX app or contacting us using the contact details in the “Contact Us” section. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service.
6.1 MatchedFX may enable Users or Vendors to (i) create, upload, post, send, receive and store content, such as text, photos, video, or other materials and information on or through the MatchedFX Platform (“Member Content”); and (ii) access and view Member Content and any content that MatchedFX itself makes available on or through the MatchedFX Platform, including proprietary MatchedFX content and any content licensed or authorized for use by or through MatchedFX from a third party (“MatchedFX Content” and together with Member Content, “Collective Content”).
6.2 The MatchedFX Platform, MatchedFX Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of any countries. You acknowledge and agree that the MatchedFX Platform and MatchedFX Content, including all associated intellectual property rights, are the exclusive property of MatchedFX and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the MatchedFX Platform, MatchedFX Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of MatchedFX used on or in connection with the MatchedFX Platform and MatchedFX Content are trademarks or registered trademarks of MatchedFX. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the MatchedFX Platform, MatchedFX Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
6.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the MatchedFX Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MatchedFX or its licensors, except for the licenses and rights expressly granted in these Terms.
6.4 Subject to your compliance with these Terms, MatchedFX grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the MatchedFX Platform and accessible to you, solely for your personal and non-commercial use.
6.6 You are solely responsible for all Member Content that you make available on or through the MatchedFX Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the MatchedFX Platform or you have all rights, licenses, consents and releases that are necessary to grant to MatchedFX the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or MatchedFX’s use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
6.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates MatchedFX’s Content Policy or any other MatchedFX policy. MatchedFX may remove or disable access to any Member Content that is in violation of applicable law, these Terms or MatchedFX’s then-current Policies or Standards, or otherwise may be harmful or objectionable to MatchedFX, its Members, third parties, or property. Where MatchedFX removes or disables Member Content, MatchedFX will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (ii) contravene applicable laws. You may appeal such a decision by contacting customer service.
6.8 MatchedFX respects copyright law and expects its Members to do the same. If you believe that any content on the MatchedFX Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
7. Service Fees
7.1 MatchedFX is based on a fee per transaction basis. The same will be shown at the time of booking the conversion and a total fee will also be displayed for clarity sake. Once the transaction is submitted this fee is non-refundable.
7.2 MatchedFX reserves the right to change the Service Fees at any time.
8. Booking specifics
8.1 Subject to meeting any requirements (such as completing any verification processes) set by MatchedFX, your currency conversion will me made available for matching and settlement by the MatchedFX Platform.
8.2 Upon clicking the exchange button and submitting your side on the currency to be exchanged, a legally binding agreement is formed between you and MatchedFX. If the option chosen is to exchange, its MatchedFX responsibility to provide for the bought currency. If you have placed an offer, you understand that it may be fully converted ( in which case you get the full currency), partially converted ( in which case you get the partial amount in the bought currency and remainder of the sold currency) of unmatched in which case you can cancel the contract at any time and get back you sold currency deposited with MatchedFX.
8.3 It is important to note that the money deposited by you will be held in an account, which is only used for exchanging currencies so you are assured to get one of the three outcomes above. In no case would you lose both your sold currency and not get the brought currency.
9. Booking Modifications, Cancellations and Refunds
9.1 You can request a cancellation / Reoffer of an exchange. The same will be accepted and will only be actioned post and matching processing the contract may be going through at the same time.
9.2 No Modification/ Cancellation / Re offers are possible if the option chosen is to exchange the currency (as against placing an offer) as in that case the conversion is done in real-time.
9.3 Please note for each matching fee, the option of making three offers will be covered.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Users may leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Users or Vendors and do not reflect the opinion of MatchedFX. Ratings and Reviews are not verified by MatchedFX for accuracy and may be incorrect or misleading.
10.2 This functionality may or may not be offered by MatchedFX.
10.3 Ratings and Reviews by Users must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 6 and must comply with MatchedFX’s Policy.
10.4 Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.5 Ratings and Reviews are part of a User’s public profile and may also be surfaced elsewhere on the MatchedFX Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average execution time and other information.
11. Disputes between Members
MatchedFX will not participate in any sort of claims and disputes between Users and Vendors. They will both have to settle their disagreements directly between them. MatchedFX cannot be held accountable and is not liable for any damages incurred during the Vendor Services or the User’s bookings.
12. Prohibited Activities
12.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the MatchedFX Platform. In connection with your use of the MatchedFX Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
- use the MatchedFX Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies MatchedFX endorsement, partnership or otherwise misleads others as to your affiliation with MatchedFX;
- use the MatchedFX Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- unless MatchedFX explicitly permits otherwise, book any Listing if you will not actually be using the Vendor Services yourself;
- contact another User or Vendor for any purpose other than asking a question related to your own booking, Listing, or the User’s or Vendor’s use of the MatchedFX Platform, including, but not limited to, recruiting or otherwise soliciting any User or Vendor to join third-party services, applications or websites, without our prior written approval;
- use the MatchedFX Platform to request, make or accept a booking independent of the MatchedFX Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the MatchedFX Platform. If you do so, you: (i) accept all risks and responsibility for such payment, and (ii) hold MatchedFX harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- use, display, mirror or frame the MatchedFX Platform or Collective Content, or any individual element within the MatchedFX Platform, MatchedFX’s name, any MatchedFX trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the MatchedFX Platform, without MatchedFX’s express written consent;
- dilute, tarnish or otherwise harm the MatchedFX brand in any way, including through unauthorized use of Collective Content, registering and/or using MatchedFX or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to MatchedFX domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the MatchedFX Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by MatchedFX or any of MatchedFX’s providers or any other third party to protect the MatchedFX Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the MatchedFX Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the MatchedFX Platform;
12.2 You acknowledge that MatchedFX has no general obligation to monitor User or Vendor Content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any User or Vendor Content, in order to (i) operate, secure and improve the security of the MatchedFX Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ or Vendors’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User or Vendor Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users and Vendors agree to cooperate with and assist MatchedFX in good faith, and to provide MatchedFX with such information and take such actions as may be reasonably requested by MatchedFX with respect to any investigation undertaken by MatchedFX or a representative of MatchedFX regarding the use or abuse of the MatchedFX Platform.
12.3 If you feel that any User or Vendor you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to MatchedFX by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
13. Term and Termination, Suspension and other Measures
13.1 This Agreement shall be effective until such time when you or MatchedFX terminate the Agreement in accordance with this provision.
13.2 You may terminate this Agreement at any time by deleting your account via the app. If you do so, any confirmed booking(s) will be automatically cancelled.
13.3 Without limiting our rights specified below, MatchedFX may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via SMS to your registered phone number.
13.4 MatchedFX may immediately, without notice, terminate this Agreement and/or stop providing access to the MatchedFX Platform if (i) you have materially breached your obligations under these Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of MatchedFX, its Users or Vendors, or third parties (for example in the case of fraudulent behavior of a Member).
13.5 In addition, MatchedFX may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the MatchedFX Account registration, Listing process or thereafter, (iv) you have repeatedly received poor Ratings or Reviews or MatchedFX otherwise becomes aware of or has received complaints about your performance or conduct, (v) you have repeatedly cancelled confirmed bookings, or (vi) such action is necessary to protect the personal safety or property of MatchedFX, its Users or Vendors, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Users’ or Vendors’ Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the MatchedFX Platform;
- temporarily or permanently revoke any special status associated with your MatchedFX Account;
- temporarily or in case of severe or repeated offenses permanently suspend your MatchedFX Account and stop providing access to the MatchedFX Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by MatchedFX and an opportunity to resolve the issue to MatchedFX’s reasonable satisfaction.
13.6 When this Agreement has been terminated, you are not entitled to a restoration of your MatchedFX Account or any of your User Content. If your access to or use of the MatchedFX Platform has been limited or your MatchedFX Account has been suspended or this Agreement has been terminated by us, you may not register a new MatchedFX Account or access and use the MatchedFX Platform through an MatchedFX Account of another Member.
13.7 If MatchedFX takes any of the measures described in this Section you may appeal such a decision by contacting us through the means included in the “Contact Us” section.
MatchedFX is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. MatchedFX is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of MatchedFX in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of MatchedFX is excluded.
To the maximum extent permitted by applicable law, you agree to release, defend (at MatchedFX’s option), indemnify, and hold MatchedFX and its affiliates and subsidiaries, including but not limited to their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the MatchedFX Platform or any MatchedFX Services, (iii) your interaction with any User or Vendor, participation in a Vendor Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, or (iv) your breach of any laws, regulations or third party rights. The indemnification obligation according only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the MatchedFX Platform. You may submit Feedback by emailing us, through the “Contact” section of the MatchedFX Platform, or by other means of communication. Any Feedback you submit to us may be used by us for any business purpose and will be considered non-confidential and non-proprietary to you.
17. Applicable Law and Jurisdiction
These Terms are governed by and construed in accordance with English law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of MatchedFX’s place of business in England. If MatchedFX wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident.
18. General Provisions
18.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between MatchedFX and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between MatchedFX and you in relation to the access to and use of the MatchedFX Platform.
18.2 No joint venture, partnership, employment, or agency relationship exists between you and MatchedFX as a result of this Agreement or your use of the MatchedFX Platform.
18.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
18.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
18.5 MatchedFX’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
18.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without MatchedFX’s prior written consent. MatchedFX may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
18.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by MatchedFX via MatchedFX Platform notification, or messaging service (including SMS).
18.8 If you have any questions about these Terms please email us at info@MatchedFX.com.
19. Data Protection
20. Contact Us
You may contact us via email at: info@MatchedFX.com.