Terms and Conditions
This agreement applies as between you, the User of this Website and TWOFOX Limited, the owner of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, then you are expressly forbidden from using the Website and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Website after the date such revised Terms and Conditions are posted.
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
- Definitions and Interpretation
- Intellectual Property
- User Representations
- Prohibited Activities
- User Generated Contributions
- Contribution Licence
- Links to Other Websites
- Links to this Website
- Availability of the Website
- Modification of the Website
- Management of the Website
- Previous Terms and Conditions
- Term of Agreement and Termination
- Limitation of Liability
- No Waiver
- User Data
- Electronic Communications, Transactions, and Signatures
- Law and Jurisdiction
1. Definitions and Interpretation
- means this Terms and Conditions agreement in its entirety;
- means “TWOFOX Limited”, trading as “twofox Trading”, Company No. 12557263, registered in England and Wales
71-75 Shelton Street,
- means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
- “Contribution” / “Contributions”
- means any Content generated by Users of the Website, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions and personal information;
- “Company Employee”
- means any director, employee or agent acting for or on behalf of TWOFOX Limited;
- means collectively any online facilities, tools, services or information that TWOFOX Limited makes available through the Website either now or in the future;
- “Submission” / “Submissions”
- means any questions, comments, suggestions, ideas, feedback or any other information regarding the Website provided by You to Us;
- “twofox Trading” / “twofox” / “tfT” / “TFT” / “tft”
- means the “Company” as defined above;
- “User” / “Users” / “You”
- means any third party that accesses the Web Site and is not employed by TWOFOX Limited and acting in the course of their employment;
- means the website that You are currently using (www.twofoxtrading.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions, as well as any other media form, media channel, mobile website, mobile application related, linked or otherwise connected thereto; and
- “We” / “Us” / “Our”
- means the “Company” as defined above.
2. Intellectual Property
2.1 All Content included on the Website, unless otherwise indicated, or unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of TWOFOX Limited, our affiliates or other relevant third parties. By continuing to use the Website You acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2.2. The Content provided on this Website is provided “as is”, for your information and personal use only, subject to sub-clauses 2.3 and 2.4 You may not reproduce, aggregate, republish, upload, post, copy, publicly display, encode, transmit, translate, distribute, store, sell, licence, exploit for any commercial purpose whatsoever or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by TWOFOX Limited.
2.3. A limited licence is granted to access and use the Website and to download or print a copy of any portion of the Content, provided that:
i. You are eligible to use both the Website and/or the Content;
ii. You have gained access to the Website and/or the Content through proper means; and
iii. the Website and/or the Content is solely for your personal, non-commercial use.
2.4. Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
2.5. TWOFOX Limited reserves all rights not expressly granted to You in and to the Website and Content.
3. User Representations
3.1. By using the Website, You represent and declare that:
i. You have the legal capacity to, and that You agree to comply with these terms and conditions;
ii. You are not a minor in the jurisdiction in which You reside;
iii. You will not access the Website through automated or non-human means, whether through the use of a ‘bot’, ‘script’ or otherwise;
iv. You will not use the Website for any illegal or unauthorised purpose; and
v. Your use of the Website will not violate any applicable law or regulation.
3.2. If You provide any information that is untrue, inaccurate, incomplete or not current, TWOFOX Limited reserves the right to immediately suspend or terminate your account and refuse any and all current or future use of the Website and Content.
4. Prohibited Activities
4.1 You must not access or use the Website and/or Content for any purpose other than that for which we make the Website and/or Content available.
4.2. The Website and/or Content must not be used in connection with any commercial endeavours except those that are specifically endorsed, approved or otherwise permitted by TWOFOX Limited.
5. User Generated Contributions
5.2. When You create, submit or otherwise provide to Us, any Contributions, You thereby represent and declare that:
i. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
ii. You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise TWOFOX Limited, and other users of the Website to use your Contributions in any manner contemplated by the Website and these Terms and Conditions;
iii. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Website and these Terms and Conditions;
iv. Your Contributions are not false, inaccurate, or misleading;
v. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
vi. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us);
vii. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
viii. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
ix. Your Contributions do not violate any applicable law, regulation, or rule;
x. Your Contributions do not violate the privacy or publicity rights of any third party;
xi. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
xii. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
xiii. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
xiv. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
5.3. Any use of the Website in violation of any part of sub-clause 5.2 violates these Terms of Conditions and may result in, amongst other things, immediate suspension or termination of your rights to use the Website and Content.
6. Contribution Licence
6.2. By submitting suggestions or other feedback regarding the Website, You agree that we can use and share such feedback for any purpose without compensation to You.
6.3. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
7.1. You acknowledge that Submissions regarding the Website provided by You to Us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
7.2. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
10. Availability of the Website
10.1. The Service is provided “as is” and on an “as available” basis. TWOFOX Limited gives no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
10.2. We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
10.3. Nothing contained within this Agreement shall be construed to obligate Us to maintain and support the Website or to supply any corrections, updates or releases in connection therewith.
11. Modification of the Website
11.1. TWOFOX Limited reserves the right to change, modify or remove part or all of the contents of the Website at any time and for any reason at our sole discretion and without notice.
11.2. We have no obligation to update any information on the Website.
11.3. We reserve the right to modify or discontinue all or part of the Website without notice at any time.
11.4. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Website.
12. Management of the Website
TWOFOX Limited reserves the right, but not the obligation to:
i. Monitor the Website for violations of this Agreement;
ii. Take appropriate legal action against anyone who, in Our sole discretion, violates the law or this Agreement, including without limitation, reporting such User to the relevant enforcement authorities;
iii. In Our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
iv. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
v. otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
14. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including, but not limited to, descriptions, pricing and availability. TWOFOX Limited reserves the right to correct any such errors, inaccuracies, or omissions and to change or update the information on the Website at any time and without prior notice.
All notices / communications shall be given to Us either by post (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
17. Term of Agreement and Termination
17.1. This Agreement shall remain in full force and effect whilst you continue to use the Website.
17.2. Without limiting any other provision of this Agreement, TWOFOX Limited reserves the right to, at Our sole discretion and without notice or liability, deny access to and use of the Website and/or Content (including, but not limited to, blocking of certain IP addresses), to any person or persons for any reason or for no reason, including, but not limited to, breach of any representation, warranty, or covenant contained in this agreement or of any applicable law or regulation. We may also delete any of your Contributions or Submissions at any time, without warning, at our sole discretion.
17.3. If We suspend or terminate your account for any reason, You are hereby prohibited from registering and/or creating a new account using your own name, a fictitious name, a borrowed name, or the name of any third party, whether on behalf of yourself or said third party.
17.4. In addition to suspending or terminating your account, We reserve the right to take appropriate legal action, including, but not limited to, pursuing civil, criminal or injunctive redress.
18.1. The Website and associated Content is provided on an “as is” and “as available” basis. You agree that the use of the Website, Content or any of our associated Services is entirely at your own risk.
18.2. To the fullest extent permitted by law, TWOFOX Limited disclaims all warranties, express or implied, in connection with the Website and your use thereof.
18.3. We make no warranty or representation that the Website, Content or any of our associated Services:
i. will meet your requirements;
ii. will be of satisfactory quality;
iii. will be fit for a particular purpose;
iv. will not infringe the rights of third parties;
v. will be compatible with all systems;
vi. will be secure; and
vii. that all information provided will be accurate.
18.4. We make no warranty or representation about the accuracy or completeness of the Website and/or Content or the Content of any websites linked to the Website, as such, We will assume no liability or responsibility for the following:
i. Errors, mistakes or inaccuracies of content and materials;
ii. Personal injury or property damage, of any nature whatsoever, resulting from your access to and/or use of the Website and/or Content;
iii. Any unauthorised access to our secure servers and/or any and all personal information and/or financial information stored therein;
iv. Any interruption or cessation if transmission to or from the Website;
v. Any malicious software, including, but not limited to, Bugs, Viruses, Trojan Horses, Malware, or the like which may be transmitted through the Website or by any third party; and/or
vi. Any errors or omissions in content or materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available by the Website.
18.5. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in and banner or other advertising, and We will not be a party to or in any way responsible for monitoring any transaction between You, the User, and any third party providers of products or services. As with any purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
18.6. We make no guarantee of any specific results from the use of our Website, Content or Services.
18.7. No part of this Website, including, but not limited to, any and all Content prepared by, or on behalf of, TWOFOX Limited, or any Company Employee, or any and all Contributions made by Users, or any other third party not connected or affiliated with TWOFOX Limited, is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind. It is the responsibility of the User to perform the necessary due diligence prior to making any decision or following any course of action.
19. Limitation of Liability
19.1. Users should be aware that they use the Website and its Content at their own risk.
19.2. To the maximum extent permitted by law, neither TWOFOX Limited or any Company Employee, accepts liability to You or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages or loss, foreseeable or otherwise, including lost profit, lost revenue, loss of data or any other damages or loss arsing arising from your use of the Website or any information contained therein, even if we have been advised of the possibility of such damages.
19.3. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless the form of the action, will at all times be limited to the lesser of the amount paid, if any, by You to Us or £50.00.
19.4. Certain international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above listed disclaimers and limitations may not apply to you, in which case you may have additional rights.
19.5. Nothing in these terms and conditions excludes or restricts TWOFOX Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of TWOFOX Limited.
19.6. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is deemed illegal.
20. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
21.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all Company Employees, from and against any loss, damage, liability, claim or demand, including reasonable legal expenses, made by any third party to or arising out of:
i. Use of the Website;
ii. breach of this Agreement;
iii. any breach of your representations, declarations and warranties set forth in this Agreement;
iv. your violation of the rights of a third party, including, but not limited to, intellectual property rights; or
v. any overt harmful act toward any other user of the Website with whom you connected with via the site.
21.2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control for any matter for which you are required to indemnify us, and you agree to cooperate, at you expense with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
22. User Data
22.1. We will maintain certain data that You transmit to the Website for the purpose of managing the performance of the Website, as well as relating to your use of the Website.
22.2. Although we perform regular routine backups of data, You are solely responsible for all data that you transmit or that relates to any activity that You have undertaken using the Website.
22.3. You agree that we shall have no liability to You for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
22.4. Your connection to the Website will be through servers located in the European Union, all information that you provide will be maintained on these servers.
22.5. In addition to the purposes described by sub-clause 22.1, We also maintain limited data, as required for accounting, or administrative purposes, on our internal systems, located within the United Kingdom.
22.6. By using the Website, and/or our Services, and when you provide such information to us, you authorise the export of necessary personal information to the United Kingdom, and its storage and use as specified by sub-clauses 22.1 and 22.5 above.
23. Electronic Communications, Transactions, and Signatures
23.1. Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
23.2. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website.
23.3. You hereby waive and right or requirements under any statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronics records, or to payments or the granting of credits by any means other than electronic means.
23.4. You hereby waive any and all defences you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
24.1. TWOFOX Limited operates a strict no refunds policy.
24.2. Should you wish to cancel any paid Website membership, or recurring subscription for any Service, Content, or Website access, you can do so at any time from within your personal profile on the Website, and/or by writing to us at email@example.com.
24.3. Any cancellation, and/or notification of cancellation, must be made at least 48 hours prior to the next scheduled payment falling due. Cancellation requests and/or notifications received within 48 hours of a scheduled payment may not be processed in time, and as such You will be charged accordingly for continuing paid membership, or recurring subscription, You will continue to receive the benefit of said membership, or recurring subscription, throughout the subsequent billing period covered, after such time the membership, or paid subscription, shall accordingly be cancelled.
24.4. At our sole discretion and with your agreement, and only as it applies a single scheduled payment, either for membership, or recurring subscription, covering a period of not less than 3 months, and notification of cancellation being made within 48 hours of said scheduled payment falling due, we may pro-rate the membership or subscription charge, such that the your liability to Us for said single scheduled payment, is reduced to a minimum of 1 months equivalent membership, or subscription charge, subsequent to the cancellation date, You will continue to receive the benefit of said membership, or recurring subscription, throughout the period covered by the pro-rated payment, after such time the membership, or paid subscription, shall accordingly be cancelled.
25. Law and Jurisdiction
25.1. These terms and conditions and the relationship between You and TWOFOX Limited shall be governed by and construed in accordance with the Law of England and Wales and TWOFOX Limited and You agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
25.2. You agree that any dispute with, or claim against, Us, relating in any way to your use of the Website, or to any Service, or Content, provided by Us, will be resolved through final and binding arbitration in the United Kingdom, rather than in court.
25.3. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to this Agreement, or any breach hereof, including any claim that said Agreement, or any part hereof, is invalid, illegal or otherwise voidable or void.
25.4. You agree that you have voluntarily chosen to visit the Website, view our Content, or use our Services, and any claim brought by you must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”).
25.5. We, TWOFOX Limited, and You, the user, hereby waive any rights to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
25.6. You hereby agree that this Class Action waiver applies to your use of any aspect of the Website, Content or Services provided and applies, without limitation, to any civil claims you could have pursued against TWOFOX Limited, including any civil claims related to the any policies contained by reference herein. You agree that, by your voluntary use of our Website, our Content, or our Services, you have waived your right to a jury trial as a member of any class, and that you have agreed to pursue any civil claims you may have against TWOFOX Limited individually by the terms of the binding arbitration described above.
In order to resolve a complaint regarding the Website, any Content, or any Services provided, or to receive further information regarding use of the Website, please contact us at firstname.lastname@example.org.
Last Updated 13th April 2021