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 Terms of use of the MyBestFX platform 
======================================

1. Legal information and definitions
------------------------------------

Thank you for using the 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 meaning:

**« Device »**: your PC or mobile device from which you access and use the Platform.

**« User Account »**: the account allowing access to, registration on, and use of the Platform.

**« ToU » or « Terms of Use »**: these terms of use of the Platform.

**« UFC » or « we »**: Union of Financial Corners (Switzerland) SA, Rue du Mont-Blanc 11, 1201 Geneva.

**« Updates »**: any modification of the Platform, its features or its services.

**« Partner »**: UFC partners that have a currency exchange office listed on the Platform.

**« Platform »**: the website mybestfx.ch as well as the MyBestFX mobile application accessible from a Device, including online currency exchange and the online fixing of currency exchange rates.

**« Profile »**: the personal data collected by the Platform in order to use the online currency exchange service.

**« User » or « you »**: any person who uses the Platform by creating a User Account.

**« Affiliated Company »**: 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 the credentials, namely the login and password.

The personal data collected and processed when creating your User Account and User Profile will be processed in accordance with the Privacy Policy relating to the processing of personal data by the Platform.

If you are considered a minor, you must obtain the authorization 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 User Account will be automatically deleted if no transaction has been carried out on the Platform within six months following registration. After this period, the User wishing to access the Platform services must register again.

### 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 for you to use the Platform. By accepting these Terms of Use, you agree to receive such Updates automatically.

Updates intended to correct a security flaw or strengthen the security of the Platform in response to an imminent security threat may be forced, regardless of your update settings on your Device.

### Failure to comply with the Terms of Use

In the event of failure to comply with these Terms of Use, we may disable your access to the Platform or to one of its applications, or even close your User Account. The rights granted under these Terms of Use will be immediately revoked.

3. Services
-----------

### Online Exchange

You have the possibility to exchange euros and Swiss francs online on the Platform. You must provide the required information in the « User Profile » section in order to exchange euros and Swiss francs online.

In order to exchange funds, you must transfer to us the funds to be exchanged and provide the bank account to which you wish to be paid in the currency corresponding to the exchange.

You have the possibility to fix the exchange rate. If you decide not to fix the exchange rate, we will automatically fix it at the time we receive your funds during office hours. We will confirm receipt of the funds and the details of the transaction, including the applied exchange rate and the converted currency amounts, which will be transferred to you within a maximum of 48 hours from receipt of the funds to be converted.

### Fix &amp; Collect

You have the possibility to fix the exchange rate offered by the Platform and withdraw the converted funds in cash at one of our currency exchange offices. After fixing your exchange rate, you have 3 hours to exchange your currencies at the branch you have selected through the Platform. We guarantee the exchange rate as well as the amount that you fixed online during this 3-hour period. To carry out your transaction, you must show the branch the transaction code and/or the confirmation email.

The service is available only during the opening hours of the participating currency exchange offices. For transactions exceeding CHF 10'000, the exchange rate guarantee is provided only if we confirm the availability of funds and currencies at the selected branch.

You are responsible for ensuring that your transactions comply with applicable laws and regulations when visiting a currency exchange office. For transactions with a value of more than CHF 5'000, you must present a valid passport or identity card in order to allow verification and recording of your identity and the transaction. For transactions with a value of more than CHF 15'000, you are also required to justify the origin of your funds.

Please note that, for regulatory reasons, we cannot carry out exchange transactions for the above-mentioned values if a valid identity card is not presented or if the origin of the funds is not justified.

We cannot be held liable for direct or indirect losses related to the use of our Platform, or to the availability or unavailability of our services in the branches.

4. Intellectual property
------------------------

### General provisions

The entire Platform and its applications are protected by the applicable intellectual property regulations.

In particular, all trademarks and/or software present, as well as any information, data or content appearing therein, including 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 intellectual property regulations, in particular by the Federal Copyright Act (CopA), and belong to UFC or its partners. Any reproduction or use of any kind is prohibited without the prior written authorization of UFC.

You are authorized to view and download the documents displayed on the Platform for personal information purposes only.

UFC may at any time prohibit any person from accessing the Platform and using information, data or content extracted from the applications if such use is likely in any way to cause damage to UFC, an Affiliated Company of UFC, its customers or its partners.

### License of use

When you use the Platform, you enter into a separate contract with UFC based on these Terms of Use. This contract is independent of any currency exchange contract that you conclude by using the Platform.

Under these Terms of Use, the User is granted a revocable, non-exclusive, non-assignable, non-transferable and free license to access, display, view and use the Platform in accordance with these Terms of Use.

This license does not grant the User any rights over the Platform. The User undertakes not to perform the following actions and not to allow persons having access to their Device and User Account, for example employees, agents or assistants, to perform one or more of the following actions:

- copy, store, reproduce, alter, modify, reverse engineer, dismantle, decompile, transfer, exchange, assemble, disassemble or translate all or part of the Platform;
- access, use, attempt to access or use the source or object codes of the Platform;
- create derivative works of the Platform of any kind;
- export or merge all or part of the Platform with other computer programs;
- set up systems likely to hack all or part of the Platform.

The User may use the Platform free of charge for personal use, in support of their personal commercial activity or their business. However, the User may not commercialize the Platform or its services to third parties in any way whatsoever.

The download, use and Updates of the Platform may result in access or data consumption fees charged by Internet or mobile communication network operators. These fees are entirely your responsibility. The User is solely responsible for choosing and managing such communication networks and for paying the related fees.

### Third-party websites

The Platform or its services and applications may contain information or links to third-party websites over which UFC has no influence. UFC therefore cannot be held responsible for the content, data or information from such third-party websites and disclaims all liability regarding the content or accuracy of those websites.

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 provides 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, without prior notice, including for preventive, evolutionary or corrective maintenance operations. Where possible and subject to events outside UFC’s sphere of influence, UFC will inform Users of the occurrence of interruptions and will implement all reasonable means to remedy them as quickly as possible.

The User acknowledges that the Platform, its services and applications are provided through Internet connections and mobile networks and that, as a result, factors outside UFC’s reasonable control may affect their quality and availability.

UFC shall not be liable due to the unavailability of the Platform or any difficulty or inability to download, access or use any of its features, services or applications. Furthermore, UFC shall not be liable due to the failure of communication systems, in particular Internet or mobile connection systems, which could make the Platform or any of its features or services unavailable.

6. Liability
------------

UFC cannot be held liable for any direct or indirect, material or immaterial damages and losses, loss of profits or similar damages of any kind resulting from the use or unavailability of the Platform, including its services and applications, resulting from omissions and errors that the Platform, including its services and applications, may contain, or resulting from the installation or use of the Platform, including its services and applications, on the User’s Device or IT systems.

This exclusion of liability also applies to damage caused to the User, their Devices or IT systems attributable to viruses or other harmful software, including data loss. It is the User’s responsibility to take all appropriate technical and organizational measures to protect their own data, Devices and IT systems against any breach or cyberattack, for example against data theft, viruses or various forms of hacking.

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 introducing new services and applications. The applicable ToU 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 will have the possibility to stop using the Platform.

8. Applicable law and jurisdiction
----------------------------------

In the event of disputes, Swiss law shall apply exclusively, excluding conflict-of-law rules and international conventions. The parties agree to submit any dispute exclusively to the ordinary courts of the Canton of Geneva in Switzerland.

 

 

 

 

 

 

 

 

              

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