Terms of use of the MyBestFX platform
1. Legal information and definitions
Thank you for using MyBestFX Platform of Union of Financial Corners (Switzerland) SA (hereinafter UFC).
When you create a User Account, you accept these Terms of Use.
For the purposes of these Terms of Use, the terms defined below shall have the following meanings:
"Device": your PC or mobile device from which you access and use the Platform.
"User Account": the account enabling access and registration to and use of the Platform.
"TU" or "Terms of Use" means these terms and conditions of use of the Platform.
"UFC" or "we": Union of Financial Corners (Switzerland) SA, Rue du Mont-Blanc 11, 1201 Geneva.
"Updates": any modification to the Platform, its functionalities or its services.
"Partner": UFC partners who have a Exchange Office listed in the Platform.
"Platform": MyBestFx.ch website which offers online currency exchange rate fixing and the subsequent collection of money from one of the counters of UFC offices or our Partners.
"User" or "you": any person who uses the Platform by creating a User Account.
"Affiliate": a company or entity in which UFC directly or indirectly holds at least 50% of the voting rights.
2. Use of the Platform
User account and registration
To use the Platform and benefit from its services, you must create a User Account.
The User is solely responsible for the confidentiality, security, availability, access management and use of identifiers (login and password).
The personal data collected and processed when you create your User Account will be treated in accordance with the Privacy Policy relating to the processing of personal data by the Platform.
If you are considered to be a minor in your country, you must obtain the authorisation of your parents or the holder of parental authority in order to be eligible as a User and to accept these Terms of Use.
You may close your User Account at any time. The personal data collected when you open your Account will be processed in accordance with the applicable Data Protection Policy.
Updates
UFC reserves the right to make changes and improvements to the Platform at any time, without prior notice. It may also be necessary to update it in order to correct bugs, improve its operation and security or add Applications and services. Such Updates may be required in order for you to use the Platform. By accepting these Terms of Use, you agree to automatically receive such Updates.
Updates to correct a security vulnerability or to strengthen the security of the Platform in response to an imminent security threat may be forced, regardless of your update settings on your Device.
Non-compliance with the Terms of Use
In the event of non-compliance with these Terms of Use, we may deactivate your access to the Platform or to one of its Applications, or even close your User Account. The rights granted by these Terms of Use will be revoked immediately.
3. Fixing the exchange rate
You can set the exchange rate offered by the Platform between 8 a.m. and 7 p.m. from Monday to Friday and between 9 a.m. and 5 p.m. on Saturdays. Once you have completed your transaction, you have 3 hours, within the exchange office’s business hours, to exchange your currency at the exchange office you have chosen via the Platform.
We guarantee the exchange rate and the amount you set online for this 3-hour period. To complete your transaction, you must show the exchange office the transaction code and/or the confirmation email.
For transactions exceeding CHF 20,000.-, the exchange rate fixed is only guaranteed if our Platform confirms the availability of funds and currency at the selected exchange office. If, during your visit to the exchange office, the exchange rate proves to be more advantageous, you have the option of cancelling the transaction initially concluded via the Platform and opting for the exchange rate applied by the exchange office.
You are responsible for ensuring that your transactions comply with applicable laws and regulations. For transactions with a value of of CHF 5,000 or more, you must present a valid passport or identity card so that your identity and the transaction can be verified and recorded. For transactions with a value of CHF 15,000 or more, you are also required to provide proof of the origin of your funds. Please note that, for regulatory reasons, we are unable to carry out foreign exchange transactions for the above-mentioned values without the presentation of a valid identity card or proof of the origin of the funds.
We cannot be held liable for any direct or indirect losses arising from the use of our Platform, or from the availability, or otherwise, of our services in the exchange offices.
4. Intellectual property rights
General
The entire Platform and its Applications are protected by the applicable intellectual property regulations.
In particular, all the brands and/or all the software present, as well as all the information, data and content contained therein (in particular the texts, images, photographs, logos, characters, videos, drawings, graphics, symbols, names, product names, processes, technologies, databases, source or object codes, including the structure of the Platform) are protected by the applicable regulations relating to intellectual property, in particular by the federal law on copyright (LDA), and belong to UFC or its partners. Any reproduction or use of any kind is prohibited without UFC's prior written authorisation.
MyBestFX
You are authorised to consult and download the documents posted on this Portal for personal information only.
UFC may at any time prohibit access to the Platform and the use of information, data or content extracted from its Portal or its Applications to any person if such use is likely to cause damage in any way whatsoever to UFC, a Company affiliated to UFC, its clientele or its partners.
User licence
When you use the Platform, you enter into a separate contract based on these Terms of Use with UFC. This contract is independent of any foreign exchange contract you enter into when using the Platform.
Under these Terms of Use, the User is granted a worldwide, revocable, non-exclusive, non-assignable and non-transferable licence, free of charge, to access, store, display, consult and use the Platform in accordance with these Terms of Use.
This licence does not give the User any rights over the Platform. The User undertakes not to perform the following actions and not to allow persons with access to his Device and User Account (for example employees, agents or auxiliaries) to perform one or more of the following actions:
Users may use the Platform free of charge for their own personal use, to support their personal commercial activity or their company. However, the User may not sell the Platform to third parties in any way whatsoever.
Downloading, using and updating the Platform may incur access or data consumption charges from Internet or mobile communication network operators. You are entirely responsible for these costs. The User is solely responsible for choosing and managing the said communication networks and paying the related charges.
Third-party websites
The Platform or its services and Applications may contain information or links to third-party websites over which the UFC company has no influence. The UFC company cannot therefore be held responsible for the content, data or information from these third-party sites and declines all responsibility for the content or accuracy of these sites.
5. Availability of the Platform
UFC will make reasonable efforts to make the Platform accessible 7 days a week and 24 hours a day. However, UFC offers no guarantee of availability or continuity of the Platform or its services.
UFC reserves the right to interrupt the availability of the Platform and any of its services at any time and without notice, particularly with a view to preventive, developmental or corrective maintenance operations. As far as possible and subject to events beyond UFC's sphere of influence, UFC will inform Users of the occurrence of interruptions and will use all reasonable means to remedy the situation as soon as possible.
The User acknowledges that the Platform, its services and Applications are provided by means of Internet connections and mobile networks and that, consequently, factors beyond UFC's reasonable control may have an impact on its quality and availability.
UFC may not be held liable for the unavailability of the Platform or for any difficulty or inability to download, access or use one of its functionalities, services or Applications. Furthermore, UFC may not be held liable due to the failure of communications systems (in particular Internet or mobile connection systems) which could make the Platform or one of its functionalities or services unavailable.
6. Liability
UFC may not be held liable for any direct or indirect damage or loss, material or immaterial, profit or similar, of any nature whatsoever resulting from the use or unavailability of the Platform (including its services and Applications), resulting from omissions and errors that may be contained in the Platform (including its services and Applications) or resulting from the installation or use of the Platform (including its services and Applications) on the User's Device or computer systems.
This exclusion of liability also applies to damage caused to the User, his/her Devices or computer systems by viruses or other harmful software, including loss of data. It is the User's responsibility to take all appropriate technical and organisational measures to protect their own data, Devices and computer systems against any computer attack or cyber attack (for example against data theft, viruses or hacking of any kind).
7. Changes
UFC reserves the right to modify these Terms of Use at any time, in order to adapt them to technical or legal developments or when new services and Applications are introduced. The applicable TU are those in force on the date of connection to and use of the Platform by the User. If you do not accept these changes, you may terminate your use of the Platform.
8. Applicable law and place of jurisdiction
In the event of disputes, only Swiss law shall apply, to the exclusion of conflict rules and international conventions. The parties agree to submit any dispute exclusively to the ordinary courts of the Canton of Geneva in Switzerland.