Winvesta Individual – Terms Conditions UK

Definitions and Key Terms

  1. Agreement” means these Terms along with the Fees Schedule and Privacy Policy, which are a legally binding contract between you and and us.
  2. E-Money” means electronic money in substitution for cash intended to make or receive payments of a limited In these Terms, we use the term ‘money’ to refer to e-money.
  3. FCA” means the Financial Conduct Authority is the conduct regulator for financial services firms and financial markets in the You can find more information about the FCA on their Website.
  4. Fees Schedule” means and includes the fees charged by us for Our Services. This may be displayed on our website or a bespoke Fees Schedule will be shared with you
  5. Terms” mean these Terms and Conditions applicable to Winvesta MCA.
  6. TCCL” means The Currency Cloud Limited, an Electronic Money Institution (“EMI”) authorised by the FCA under the Electronic Money Regulations 2011 and the Payment Services
  7. Our Service” means and includes offering you to open and maintain a Winvesta MCA with us by accepting these terms and fulfilling our client onboarding requirements. It will also include all customer support services extended by us in relation to the Winvesta
  8. MCA Product” means a customer user interface which you can access to open, hold and maintain the Winvesta MCA, once we have approved your KYC and onboarded you
  9. Person of Significant Control” means a natural person having the power to direct the management or policies of a Company, whether through the ownership of over 25% (twenty five percent) of the voting power of such Company, or through the power to appoint over half of the members of the board of directors or similar governing body of such Company, through contractual arrangements or
  10. Winvesta”, “we” “our” or “us” means Winvesta Limited, a limited company incorporated in England with the registered company number 12133255 and its registered address at 27 Old Gloucester Road, London, UK, WC1N
  11. Winvesta Account Holder”, “you” or “your” means the customer using Our Services and the MCA Product to open a Winvesta MCA with us. If two or more persons are comprised of the expression “you” or “your” then, unless this Terms expressly provides otherwise, each of those persons shall be jointly and severally liable for each of the obligations and liabilities under this
  12. Winvesta Business MCA” means Winvesta MCA opened in your company and, or business name for the business purpose.
  13. Winvesta Personal MCA” means Winvesta MCA opened in your individual and, or personal capacity.
  14. Winvesta MCA” means the Winvesta Multi-Currency Account, which is an e-money account opened in your name with
  15. Winvesta Platform” means a customer user interface which enables you to avail Our Services and other services offered by Winvesta and other third-party service

Introduction

Winvesta (Firm reference: 919086) is a registered EMD agent of TCCL (Firm reference: 900199) which is an EMI authorised by the FCA for the issuing of electronic money and providing payment services. Any e-money issued to you is issued through TCCL pursuant to its EMI license.

By accepting these Terms and using Our Services, you hereby acknowledge and confirm that you have expressed an interest in availing Our Services and that Winvesta has not solicited the Winvesta Account Holder directly.

Documents Applicable to You:

It is important that you read all of the following documents carefully before using Our Services. This Terms along with the documents referenced in it govern your use of Our Services related to the MCA Product:

  1. These Terms read together with the Fees Schedule, and our Privacy Policy constitute a legally binding Terms between us and
  2. Additionally, you must open and use the Winvesta MCA as per the TCCL Legal Terms.
  3. For Winvesta Business MCA, the Winvesta Business Support provide answers to common customer
  4. Our Help Center Articles that provide a guide to using Our Services and the Winvesta

Our Obligations

  1. Our Services are provided to you on the MCA Product which can be accessed through Our website, application or the welcome email sent to you on your registered email
  2. The Winvesta MCA is an E-Money account and the money in your account is held with a Tier 1
  3. E-Money held in your Winvesta MCA does not earn an interest and does not constitute a
  4. There is no overdraft facility on your Winvesta
  5. Winvesta does not act as a trustee, fiduciary or escrow holder in respect of any balances held in your Winvesta
  6. You can pay money into your Winvesta MCA by using electronic fund
  7. We may also ask for proof of the source of
  8. We may refuse to accept a payment into your account if we reasonably believe that doing so would cause us to breach the law or that it would expose us to action from any
  9. If we are unable to execute a payment request, we will notify you of being unable to execute the transaction and, if possible, the reasons for our
  10. If money is paid in from abroad, we will tell you the original amount received and any charges. Certain foreign currencies received will be converted into a currency that we hold. Should a credit be rejected for some reason the payment may be converted back into the currency before being returned. You are liable for any fluctuations in the currency exchange and charges will be applied by the relevant
  11. We are not able to accept and, or cash.
  12. If we are informed that money was paid into your account in error, we can take an amount up to the amount of the payment from the account. We do not need your permission to withdraw the We will do all that we can to minimise any inconvenience to you.
  13. By agreeing to these Terms you authorise and acknowledge that all transaction activity will be monitored in accordance with the Money Laundering Regulations 2017 and that you consent to us monitoring payment instructions and payment transactions for the prevention and detection of money laundering, fraud, breach of sanctions and other
  14. In addition to Our Services as defined under this Terms, Winvesta also offers certain dealing services in relation to securities made available on its mobile application i.e., the Winvesta Platform. These services include transmitting your orders to a third-party broker who is responsible for execution of your orders for sale and purchase of
  15. If you are using the Winvesta MCA to make investments in foreign securities through the Winvesta Platform, then this Agreement shall be applicable in addition to Winvesta Platform terms and the third-party broker terms as published on its mobile application and website from time to
  16. Winvesta accepts no responsibility for any delay in onward payment attributable to the late arrival of funds or instruction of payment relative to the cut-off times of the bank at which your beneficiary account is
  17. If you do not maintain the minimum balance as per the Fees Schedule then we will request a payment of the shortfall from you We may suspend your account until the shortfall is repaid.
  18. Based on the local regulations applicable to you, you may not be able to hold the funds in the Winvesta MCA, or the funds will be required to be remitted to your local bank account within a certain period of time as laid down by your local laws. Please read the Compliance with Applicable Law clause under this Terms.

How can you contact us?

You can get a copy of your Agreement from our website or ask our customer support for the same on currencyaccounts@winvesta.in. It is important that you understand the terms of your Agreement with us. If there’s anything you don’t understand or if you think there is a mistake in this Terms, you can contact us through the contact details given on our website.

How we may contact you ?

We will send you service notifications or other information about your Winvesta MCA by email, or through the MCA Product. These will be in English.

To help us provide you a seamless service, it is important that your details such as your residential address, e-mail address and phone number are accurate and complete. It is essential that we are informed about any changes to your KYC details as soon as possible.

To meet our legal and regulatory requirements, we might sometimes need to ask for more information about you. Make sure to give us this information quickly so that it doesn’t cause any issues with your Winvesta MCA or Our Services.

Winvesta MCA Terms

This section governs your use of Our Services and Winvesta MCA which is opened by you. The terms applicable for:

  1. Winvesta Business MCA

    This section applies to Winvesta Business MCA which is opened by you in your professional capacity as the authorized representative or owner of a business entity. You can’t use your Winvesta MCA for personal purposes. Instead, you’ll need to open a Winvesta Personal MCA which will be governed by Section 6.2 below. Your Winvesta MCA is an e-money account that holds your company’s e-money.

    1. Who can open a Winvesta Business MCA?

      Any company, business enterprise, sole proprietorship, partnership firm, LLC, body corporate in UK or any other Permitted Jurisdictions (“Company”) can open, maintain and hold a business account with us in accordance with the laws governing their local jurisdiction which enables them to open, hold and maintain a foreign currency account outside their jurisdiction for purposes as defined by their regulator. Additional conditions for opening your Winvesta MCA are as follows:

      1. To apply for a Winvesta MCA, you must be at least 18 years
      2. You must have a registered business with the appropriate companies’ regulator in your (For example, in the UK, the UK Companies House). The Company must not be subject to any actions such as under administration, liquidation, insolvency proceedings or be in the process of being wound up (closed) voluntarily or involuntarily.
      3. The first remittance should be made to your Winvesta MCA from a bank account in your own name in your local
      4. You promise that you have full authority to enter into this Terms on behalf of the Company and meet the obligations under
      5. We will ask for certain information about you, like the source of funds used to open the account, details with respect to your authorised representative (as explained below), as well as any directors, partners, Person of Significant Control over your business or any beneficial owners. You confirm that any authorised representative has your authority to act on your Company’s behalf and that they have agreed to keep to the Agreement.
      6. When setting up your Winvesta MCA you must give us accurate information about you and your You’ll also need to tell us of any changes to the given details as soon as possible so that our records stay up-to-date.
      7. You will notify us in advance (or, if for reasons of confidentiality you cannot notify us in advance, immediately afterwards) if there is a change of control of your company or a change in your Such notification must include details of the new, for example, controller or address.
      8. We may conduct independent verification checks on the information you provide us, by ourselves or through third parties from secure
      9. By accepting these Terms and availing Our Services you consent to us or a third party on our behalf carrying out these checks and obtaining any more information we might need to set up your Winvesta MCA. If we find out that the information, we hold about you isn’t right, we may suspend your Winvesta MCA until we can confirm the correct
      10. The Winvesta MCA may not be available to some high-risk industries and companies that engage in activities which are enlisted as Non-permitted Activities by
    2. Authorized Representative

      The applicant must be authorised by the business and/or be a Person of Significant Control to open the account and must not be subject to any sanctions or be a politically exposed person. Further, any of the Company director(s), officers, representatives or shareholders should not be subject to disqualification as per applicable laws. You must be able to demonstrate the validity of these representations by way of documentary evidence which we can ask you to produce for verification or regulatory purposes.

      We will treat all instructions and actions by authorised representatives acting within the limits of their authority as if your company had given that instruction or carried out that action itself. It is your responsibility to withdraw your authority from, or impose limits on, any authorised representative (for example, if they are no longer employed with your Company) and duly inform us regarding the same.

  2. Winvesta Personal MCA

    This section applies to Winvesta Personal MCA which is opened by you in your individual/personal capacity. You can’t use your Winvesta MCA for your company/business. Instead, you’ll need to open a Winvesta Business MCA which will be governed by Section 6.1 above. Your Winvesta MCA is an e-money account that holds your e-money.

    1. Who can open a Winvesta Personal MCA

      Any individual resident in UK and other Permitted Jurisdictions where we may render our Services,  can open, maintain and hold a personal account with us in accordance with the laws governing their local jurisdiction which enables them to open, hold and maintain a foreign currency account outside their jurisdiction for purposes as defined by their regulator. Additional conditions for opening your Winvesta MCA are as follows:

      1. To apply for a Winvesta MCA, you must be at least 18 years
      2. The first remittance should be made to your Winvesta MCA from a bank account in your own name in your local jurisdiction.
      3. When setting up your Winvesta MCA you must give us accurate information about you. You’ll also need to tell us of any changes to your personal details as soon as possible so that our records stay up-to-date. We may conduct independent verification checks on the information you provide us, by ourselves or through third parties from secure
      4. By accepting these Terms and availing our services you consent to us or a third party on our behalf carrying out these checks and obtaining any more information we might need to set up your Winvesta If we find out that the information, we hold about you isn’t right, we may suspend your Winvesta MCA until we can confirm the correct information.

For what purposes can you use your Winvesta MCA?

You can use your Winvesta MCA for the following purposes:

  1. Collecting and accepting payments/money in different currencies from across the world subject to certain limitations laid down by TCCL and found at Currency Matrix.
  2. Converting currencies
  3. Making international payments
  4. Hold money in your account (subject to certain limitations as listed in TCCL’s Currency Matrix)
  5. When initiating cross-border payments, the central bank of the country may require a purpose of payment code to be included with your transaction in order for your payment to be accepted and processed. The applicable purpose codes for such countries can be found here – Payment Purpose Code.
  6. For a more detailed understanding of the permitted activities which you may undertake with your Winvesta MCA, please refer to TCCL Legal Terms.
  7. In addition to the above, you must also ensure that you use the Winvesta MCA for purposes permissible under laws of your local jurisdiction which enable you to open, hold and maintain a foreign currency account outside your Please refer to the Compliance with applicable laws section under this Terms.

Transfer of Funds Abroad

  1. You acknowledge that when you initiate a transaction through the service, you must select the currency in which the payment to the beneficiary is to be The beneficiary might be able to instruct their agent or bank to convert the funds to a currency which the beneficiary requires rather than the currency selected by you. You acknowledge that we might make additional revenue when the funds are converted into the currency selected by the beneficiary and that you have no claim upon such income.
  2. At times additional terms apply to fund transfers to foreign countries in relation to the beneficiary’s account number and codes and minimum payments and deductions by receiving banks for fund transfers to different accounts. The beneficiary’s bank may also deduct their own You are responsible for checking that your beneficiary’s bank in a foreign country will accept payment.

Prohibited Purposes

You must NOT use the Winvesta MCA for any of the following purposes:

  1. transactions related to the Non-permitted Activities enlisted by
  2. transactions to and/or from Sanctioned Countries
  3. Any other illegal/prohibited purposes as per the applicable laws of your local jurisdiction or the jurisdiction where you intend to send or receive money

Keeping your account secure

  1. It is both our and your responsibility to keep your account
  2. We take all commercially reasonable measures to keep your account safe and secure. We treat all your personal and sensitive information as confidential information as detailed in our Privacy Policy.
  3. On the other hand, it is also your responsibility to ensure that your account is only accessed by you and that you keep your login details, password and other security features associated with your access safe and
  4. If you have any knowledge or any suspicion that any of these security features have been stolen, misappropriated, improperly disclosed to a third party or used without authorization or otherwise compromised you must contact Customer Support
  5. We/TCCL may suspend your account due to various reasons such as, suspicious activity, breach of this Agreement or unauthorized transactions. Any suspension may continue for such periods as may be determined by us/TCCL.
  6. You represent that the account is being accessed by you on behalf of the Company and not in your personal capacity or on behalf of any other person/entity.
  7. You shall be responsible for providing accurate transaction details and inputting correct trade details while requesting execution of such You may be responsible for unauthorised payments made from your accounts if you have not kept your devices and your security details safe.
  8. We will not be responsible for any loss, damage or charges that may be incurred for inputting incorrect details in which case such charges may be deducted from your
  9. You and your company are solely responsible for the content, quality, accuracy and completeness of any personal data and any other data provided or transmitted by you or on your behalf via or in connection with the use of the MCA Product and the
  10. We will never contact you to ask you for your online banking details, your PIN or your
  11. Treat any emails received concerning your account with caution, especially if you are asked about your personal
  12. Always access our website by typing our address in the web browser and do not access our website using a link from an unknown third
  13. Once you have logged in to the MCA Product, do not leave your mobile device, computer or laptop unattended or let anyone else use your device. Also ensure that you log out of the MCA Product once you have finished and do not leave the MCA Product running in the background whilst logged
  14. For more information on how to safely bank online, visit http://www.financialfraudaction.org.uk/consumer.

Fees and Refunds

  1. To keep matters in order you are required to maintain a positive balance on your account and enough to meet any monthly management
  2. If the balance in your account is insufficient to meet the payments and conversions, you will be liable for cancellation charges incurred in this
  3. If you make a withdrawal from your account and there are insufficient funds in the account, then we will request a payment of the shortfall from you immediately. We may suspend your account until the shortfall is
  4. We reserve the right to refuse to act on your instructions if there are insufficient funds in your Winvesta MCA to meet the
  5. We will charge you a fee in consideration of Our Services as per the agreed Fees Schedule, which shall form an integral part of this Terms and will contain all details related to
  6. All Fees payable by you to us and to any third-party service providers, if any, will be deducted from your Winvesta MCA at the end of each
  7. Refunds, if any, shall be processed as permitted by TCCL under the TCCL Legal Terms.

For Winvesta Business MCA, if you have been introduced to us through a partner, the Fees Schedule would not apply to you if the funds received in your account are moved to the partner’s Nostro Account.

Important Legal Terms

  1. Your money is safeguarded

    When we receive a payment for your account or you add money to it, we issue the equivalent electronic money to your Winvesta MCA immediately. These funds received in accordance with a payment instruction will be subject to the segregation requirements as set out in the Electronic Money Regulations and are referred to as “Relevant Funds”. Relevant Funds are held in one of the dedicated client bank accounts that TCCL holds with a Tier-1 bank and are independent of TCCL’s business accounts. The purpose for holding funds in this manner, is to ensure that in the event of TCCL’s insolvency, or if a financial claim is made against TCCL, no creditor or claimant should be able to claim funds held in these accounts. This is because no other person or institution may have any rights or interest over the funds held in these accounts such as a lien over funds in these accounts.

    Your money is safeguarded by TCCL in accordance with the Electronic Money Regulations. You acknowledge that electronic money accounts are not bank accounts and accordingly the UK’s Financial Services Compensation Scheme (FSCS) does not apply to your Winvesta MCA. TCCL adheres to the legal requirements under the Regulations which are designed to ensure the safety and liquidity of funds deposited in electronic money accounts. For more information in relation to the safeguarding mechanisms implemented by TCCL, please refer to the Safeguarding clause under TCCL Legal Terms.

  2. Complaint Redressal Mechanisms

    If you’re not happy with Our Services you can make a complaint by contacting us and we will try our best to resolve the issue as soon as possible. All complaints follow our Complaints Procedure as published on our website. If you make a complaint, we will follow and provide you our complaints procedure when we acknowledge we have received your complaint.

    If you’re still not happy, you can refer your complaint to the Financial Ombudsman Service. For more details you can visit their website at www.financial-ombudsman.org.uk

  3. Service Changes and Interruptions

    We will endeavour to make the Services available to you, except if we are unable to do so due to maintenance or system changes. If maintenance or system changes are required on any aspect of the Services and such maintenance will impact your use of the Services, we will give you at least 3 (Three) business days’ notice of such maintenance (except in the event that such maintenance is required on an urgent or emergency basis, in which case we will not give you any notice prior to the Services being unavailable).

  4. Intellectual Property Rights

    We exclusively own all intellectual property rights in our trademarks, trade names, service names, logo, design, Our Services, Winvesta Platform and our websites (“Products”). You must not use our intellectual property as your own, except to enjoy our Products and Services.

    You shall not, and shall not permit or enable any other entity or person, directly or indirectly, to:

    1. make our Products or its functionality available to any party other than an Authorized Representative;
    2. reverse engineer, disassemble, de-compile, re-create, enhance or modify the Products;
    3. circumvent, by pass, delete or remove any form of protection, or usage, functionality or technical restrictions or limitations, or to enable functionality disabled by Winvesta, in connection with the Products;
    4. interfere with or disrupt the integrity or performance of the Products or any portion thereof;
    5. rent, lease, lend, sublicense, distribute, timeshare or provide commercial hosting services with the Products;
    6. divulge or otherwise disclose to third parties that you have any familiarity with or knowledge of the Products;
    7. file for any patents, or seek other intellectual property protection, on any inventions or other intellectual property learned from or relating to or derived from the Products or any related materials, anywhere in the world;
    8. use the Products in any manner or for any purpose that violates or contravenes any law or regulation or the rights of others;
    9. perform or disclose any security testing, including without limitation, penetration testing, remote access testing, network discovery, vulnerability scanning, password cracking, etc., of the Products;
    10. interface or link or include, without express written permission, the Products with any other systems or applications or services other than those agreed in writing;
    11. use the Product or any part thereof for purposes of competitive or comparative analysis, the development, provision or use of a competing software service or product or any other purpose that is to the Winvesta’s detriment or commercial disadvantage;
    12. use the various Products components independently or separately of each other or for creating a stand-alone product for use or for offering or marketing to others;

    We have the right to make the MCA Product available for your use through certain licensing arrangements with third party service providers. Similarly, you may choose to avail the services of other third-party service providers through the Winvesta Platform. All intellectual property rights in products and services of such third-party service providers vest with them and/or their licensors.

    All intellectual property rights in your data (personal and sensitive) shall remain your exclusive property. You represent and warrant that you have the legal right to disclose all such data as provided by you pursuant to this Terms along with the right to enter into this Terms and perform your obligations specified hereunder.

  5. Compliance with Applicable Laws

    You agree that the reporting of transactions, payment of any applicable taxes and any other compliance to the laws of your local jurisdiction is your responsibility in relation to the use of a Winvesta MCA. All legal and tax obligations therefore fall under your responsibility and that of any authorised person within your company. Winvesta will not be responsible with regards to the execution of tax obligations or any other legal/compliance obligations under laws applicable to you and/or your company in any of the countries in which you operate. You are requested to undertake your own due diligence in consultation with your legal advisors in order to comply with the regulations applicable to you and ascertain the risks associated with your use of Our Services.

    We will be responsible for ensuring that Our Services are rendered to you in compliance with laws of England and Wales.

  6. Closing your Winvesta MCA

    This Agreement starts as soon as we notify you that we’ve accepted your application and opened your Winvesta MCA. This Agreement will then continue until ended (terminated) by you or us.

    Termination for Convenience: You can close your account and terminate this Agreement at any time by giving us prior written notice of 1 (one) month. If you’d like to, please get in touch with us by sending us an email from your registered email address.

    We can close your account by giving you at least 60 (sixty) days’ notice via email, text message or call. We will refund any balance available in your account to you after deducting dues, if any, as explained under Consequences of Termination.

     Termination for Cause: Either of us may terminate this Agreement if:

    1. the other party commits any material breach of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same,
    2. the other party becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty (60) days of

    Additional Grounds for Termination: You or we may suspend Services and/ or terminate this Terms at any time without prior notice if:

    1. a financial regulator, regulatory or government agency, or law enforcement agency posts a warning with regard to you or us:
    2. any governmental, regulatory, or judicial authority directs or requests us or you to suspend or terminate this Agreement; or a banking partner of ours or yours requests that we or you terminate this Agreement.

    Additionally, we may close your account or suspend your account immediately if TCCL asks us to do so or if we believe you’ve:

    1. failed to pay the Fees and dues payable by you for over a period of 15 days from the due date
    2. sub-licensed or allowed someone else to have access to or use your account
    3. put us in a position where we might break the law or cause any damage to us, our systems or our goodwill and reputation
    4. broken the law or attempted to break the law or engaged in fraud, money laundering, or terrorist financing
    5. used or intend to use your Winvesta MCA in a careless manner or for fraudulent or unlawful purposes
    6. given us false information at any time
    7. been abusive to anyone at Winvesta

    Consequences of Termination: You’ll need to repay any money you owe us before we can close your account. We will hold back money from your available balance to cover payments that you approved before your account was closed. Once we’ve closed it, you won’t be able to access your account. If we find there are still charges/fees on your Winvesta MCA after this Agreement is ended, you must refund us any money that relates to a transaction on your Winvesta MCA or any charges/fees validly applied whether before or after your Agreement has ended. We’ll notify you of any outstanding charges/fees and you’ll need to refund us as soon as possible. If you don’t repay the amount(s) as soon as we notify you, we may take legal action to recover the money you owe us. Any costs incurred by us due to Termination for Cause or under Additional Grounds for Termination shall be payable by you.

    For the avoidance of doubt, termination by either party shall not affect any contract/transaction previously entered into and shall not relieve either party of any outstanding obligations arising out of this Agreement, nor shall it relieve you of any obligations arising out of any contract/transaction entered into prior to such termination.

  7. When you might be responsible for our losses/damages

    You may be liable to indemnify us for certain losses. But don’t worry, this will only be in the following circumstances:

    1. If you have broken this Agreement, and this has caused us to suffer a loss/damage
    2. If you have acted fraudulently or intentionally or carelessly failed to inform us about any unauthorized
    3. If you have used Our Services, the Winvesta MCA and/or the MCA Product in a manner that has resulted in breach of our or TCCL’s intellectual property rights or other legal
    4. If the data provided by you has resulted in a breach of law or infringement of third-party intellectual property rights or other legal rights or gives rise to any claim against us
    5. you will be responsible for any losses we suffer as a result of your action (we will try to keep the losses to a minimum)
    6. if your actions result in us losing profits, you may also be responsible for those losses. You won’t be responsible if this would mean that we are compensated twice for the same loss; and you will also be responsible for any reasonable legal costs that arise as a result of our
    7. Further, you agree to indemnify Winvesta against any losses, claims or damages that we may suffer as a result of:
    • any changes to the laws of your local jurisdiction as applicable to you
    • your use of Our Services and/or the MCA Product
    • closure of your Winvesta MCA and/or termination of this Agreement
    • termination of your agreement with TCCL e., the TCCL Legal Terms

    You will not be responsible if the loss has been incurred due to the act/omission of our employees. However, please note that, in general you are solely responsible for loss incurred as a result of your own acts/omissions including without limitation, inputting correct trade or transaction details, accuracy and reliability of all data provided by you.

  8. Our liabilities, exclusions and limitations

    We will provide Our Services with due diligence and care but we cannot guarantee the performance of the MCA Product and other third-party service provider’s products and services. Except for our responsibilities to you that we can’t exclude or limit, our liability to you in connection with this Terms (whether in contract, tort including negligence, breach of statutory duty or otherwise) is excluded and limited in the following ways, We’re not responsible:

    1. For any losses resulting directly or indirectly from any cause beyond our control, including but not limited to a force majeure event, fluctuations in exchange rates, lack of funds and/or failure of network services, technical issues, errors and failure of data processing systems/corruption of data;
    2. For any loss of profits, income, revenue, business, or anticipated savings (in each case whether direct or indirect) or for any indirect, consequential, special or punitive losses;
    3. For any losses as a result of you not being able to access the Winvesta MCA on your device or by other means;
    4. For any losses where applicable laws mean we must break this Terms;
    5. For any losses as a result of you breaking this Terms;
    6. For and do not in any way guarantee the availability of any third-party services or websites, and any access of the MCA Product will be on an “as is” and “as available” We do not give any warranty or guarantee that any third-party websites are free from viruses;
    7. For any material or content on any third-party website that you access through the MCA Product;
    8. Where money is incorrectly taken from your available balance due to our fault, our responsibility is limited to returning that amount to you;
    9. In the unlikely event that money is taken from your available balance but you didn’t authorise this deduction in accordance with this Terms, our responsibility is as set out in refund section; and

    In all other circumstances, our total aggregate liability to you in respect to a claim arising in relation to this Terms is limited to a value of fees paid by you to us during the calendar year in which the relevant claim arises.

  9. Responsibilities to you we won’t exclude or limit

    Nothing in this Terms excludes or limits our liability:

    1. for death or personal injury resulting from our negligence or fraud; or
    2. to the extent that such liability can’t be limited or excluded under Applicable
  10. Our right to enforce the Terms

    If you have failed to comply any terms of the Terms and we don’t enforce our rights, or we delay in enforcing them, this will not prevent us from enforcing those or any other rights at a later date.

  11. Right to make changes to this Terms

    You will find our current Terms on our website, application and/or the MCA Product. We may, from time to time, update or make other changes to the Terms of this Terms. We will provide you with 30 days’ notice of any material changes, which may include notifying you by email (provided you have supplied us with an up-to-date e-mail address) or through the MCA Product. If you do not agree with those changes, you should stop using the MCA Product and notify us. This Terms will then be terminated and you will pay any charges due as per the Consequences of Termination clause above. We will assume you agree with changes to this Terms if you continue to use the MCA Product after those changes have taken effect.

  12. Third Party Rights

    Nothing in this Terms confers or is intended to confer a benefit enforceable by a person who is not a party to it and no term of this Terms is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Terms.

  13. Governing Law

    If you want to take legal action against us in the courts, only the courts of England can deal with any matter relating to these Terms.

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