Terms & Conditions

Scope of this Agreement

The ARQ service and associated software platforms and all affiliated materials, including documentation and information (collectively the “Service”), is proprietary to ARQ Wealth Limited. 

These terms and conditions govern the supply of the service that is supplied by ARQ (“we”, “our”, “us”) acting as the registered agent of Moneyhub Financial Technology Ltd, (“Moneyhub”). Full conditions of use for the Moneyhub API service are available here.

Scope of this agreement is the paid for “Service” to You, as the ‘user’ (an individual). ARQ Wealth Limited reserves all rights not expressly granted.

These terms of use, together with the ARQ Privacy Policy and any other policies referred to in them (collectively, “the Terms”), apply to your use of the Service. Please read the Terms carefully before you start to use the Service. By checking the terms and conditions agreement box and by actively using the service, you indicate that you accept the Terms and that you agree to abide by them. If you do not agree to the Terms, please refrain from using the Service.

Information about us

The Service is owned and operated by ARQ Wealth Limited (referred to as “we”, “our”, “us”, “ARQ”). We are a limited company registered in England and Wales (company reg. no. 11441890) and have our principal trading address at Berkeley Square House, Berkeley Street, London, W1J 6BD. Our VAT number is GB302888692.

Moneyhub Financial Technology Ltd is a limited company registered in England and Wales (company reg. no. 06909772) with its registered office and principal trading address is at 5th Floor, 10 Temple Back, Bristol, BS1 6FL; VAT number GB117771212. Moneyhub is registered with the Information Commissioner (No. Z2507137). Moneyhub is authorised by the Financial Conduct Authority under the Payment Services Regulations 2017 (reference number: 809360) for the provision of payment services.

Eligibility and Access

Please read and agree to the following terms and conditions, if you wish to be eligible to create an ARQ account and use the ARQ Service. 

You certify that you are at least 18 years of age.

You certify that you are a “high net worth individual”, as defined In accordance with article 48 of The Financial Services and Markets Act 2000: Having a gross annual income before tax of £100,000 or net qualifying asset value of £250,000 in the previous UK financial tax year.

There is no requirement for ARQ to corroborate or verify the certifications you have given by accepting the Terms.

We shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for routine and emergency maintenance. However, access to the service is not guaranteed. From time to time we may withdraw or amend any of the content and services provided without notice. We will not be liable if the Service or any content is unavailable at any time for any reason. From time to time, we may restrict access to some parts of the Service, or the entire Service, including to users who have registered with us.

We agree to provide the Service with reasonable skill and care and in accordance with all applicable laws and regulations.

You are responsible for making all arrangements necessary for you to have access to the Service.

If you become a registered user of the service and create an account with ARQ, you will require a valid email address and will be asked to enter a username, password and any other piece of information we deem necessary as part of our security procedures. You must treat such details and information as confidential. You are responsible for everything done using your ARQ account. 

You must provide us with your contact details in the form of your email address, and any other details we collect from you at registration, so that we can administer the Service and your ARQ account. You must not impersonate or try to impersonate another person when providing us with information. If you think that someone else may have access to, or be using, your password or ARQ account without your consent, you must tell us as soon as possible by emailing support@yourarq.com

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time. We also have the right to suspend or terminate any ARQ Account at any time.

By creating an ARQ Account, you certify that all information you provide in the registration is accurate. You must have a valid email address registered with us at all times. If an email that we send to you should bounce for some reason, your ARQ Account may be temporarily suspended until you contact us with a verifiable address.

By creating an ARQ Account you consent to receive regular communications from us regarding the Service. These communications will include important notifications, updates and information regarding the Site or the Service. 

Information Service, not advice

Any data or materials shared or displayed within our Service by ARQ or our third party partners are provided for general information only. Content within the Service is not, and should not be construed as, financial or other professional advice. You should not rely on the content within our Service as the basis for making a financial decision. If in doubt, you should seek professional advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our Service, or by anyone who may be informed of any of its contents.

Copyrights and Ownership

Ownership and Copyright of the Service and all copies thereof remain with ARQ and/or its suppliers. The Service is copyrighted and is protected by UK copyright laws and international treaty provisions. You agree to prevent any unauthorised copying of the Service. Except as expressly provided herein, ARQ does not grant any express or implied right to you under ARQ patents, copyrights, trademarks, or trade secret information. 

Intellectual property rights

ARQ or our third party partners are the owners or the licensees of all intellectual property rights in the Service, and in the material published within it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not modify any paper or digital copies of any Service materials you print or download in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified third party partners) as the authors of Service materials must always be acknowledged.

You must not use any part of the Service for commercial purposes without obtaining a licence to do so from us

As also detailed in the Privacy Policy, we may need to share information about you with certain service providers who help us to deliver the Service to you (for example third party technology companies who may provide elements of the Service’s functionality). We refer to such service providers as (“Data Service Providers”). Data Service Providers will only use your information to help provide the Service, they will not market to you. By using the Service, you agree to grant us and our Data Service Providers, a non-exclusive, royalty free and worldwide licence to use the information, materials, data and other content that you provide via the Service (“Content”). We and the Data Service Providers may use, modify, display, distribute and create derivative materials using the Content for the purpose of providing the Service to you.

All Intellectual Property Rights in the investment ideas advertising belong to our product partners and the Partner grants to ARQ a royalty-free, non-exclusive licence to use any and all Intellectual Property Rights of the product partner to the extent necessary for ARQ to deliver the Advertising Services.

Our product partners shall ensure that all Advertising provided by it:

(a)              does not infringe any Intellectual Property Rights;

(b)              does not breach any law, statute or regulation;

(c)              is not defamatory, libellous, obscene, or otherwise unlawful;

(d)              does not contain viruses or other computer programs intended to damage, interfere with or unlawfully process personal or other data.

All intellectual Property Rights in the visitor Information and submissions obtained by ARQ relating to investment idea advertising shall belong to ARQ. 

License and Acceptable Use 

You are entitled to use, access, download or install, and operate the Service solely for the purposes of performing your obligations under this Agreement. You may not sell, license, share or transfer the Service, or reproductions of the Service to other parties in any way.

You may use the Service only for lawful purposes. In particular, you may not use the Service in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

You must not use the Service for the purpose of harming or attempting to harm any person in any way;

to send, knowingly receive, upload, download, use or re-use any material which is defamatory, contains any material which is obscene, offensive, hateful or inflammatory, promotes sexually explicit material, promotes violence, or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

You must not send, knowingly receive, upload, download, use or re-use any material which infringes any copyright, database right or trade mark of any other person; to send, knowingly receive, upload, download, use or re-use any material which is likely to deceive any person, be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence, promote any illegal activity, be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person, be used to impersonate any person, or to misrepresent your identity or affiliation with any person, gives the impression that it emanates from us, advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;

to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

You also agree not to reproduce, duplicate, copy or re-sell any part of the Service; not to access without authority, interfere with, damage or disrupt:

  • any part of the Service;

  • any equipment or network on which the Service is stored;

  • any software used in the provision of the Service; or

  • any equipment or network or software owned or used by any third party partner;

You agree not to reverse engineer or reverse compile any of the technology used to provide you with the Service, including but not limited to, any applications associated with the Service;

not to do or say anything that would bring the Service or Moneyhub into disrepute.

Viruses, hacking and other offences

You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server/servers on which the Service or any part of it is stored or any server, computer or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack or in any other way.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any material posted on it, or on any website linked to it.

Term and Termination

Unless otherwise terminated as specified under this agreement, your rights with respect to the ARQ Service will terminate upon the expiration of a valid and paid for account.

Confidentiality

You will not disclose the Service or any materials to any third party without the prior written approval of ARQ Wealth Limited. You will maintain the confidentiality of the Service with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. You will not be liable for the disclosure of any confidential information which is:

  • In the public domain other than by a breach of this Agreement on your part;

  • Rightfully received from a third party without any obligation of confidentiality;

  • Rightfully known to you without any limitation on use or disclosure prior to its receipt from ARQ Wealth Limited;

  • Generally made available to third parties by ARQ Wealth Limited without restriction on disclosure.

Information about you and your use of the Service

We process information about you in accordance with our Privacy Policy. By using the Service, you consent to such processing and you warrant that all data provided by you is accurate and up to date.

ARQ membership - Paid for Services

All membership fees are payable in advance. 

Renewal fees will be the same as the initial charges unless you are otherwise notified in advance. We reserve the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on the Service. All purchases are final and no refund will be given for unused portions of your initial or any renewal membership period.

You may give notice to terminate your membership at any time but you will not be refunded for any unused element of the relevant Paid for Service. 

Your access to Paid for Services is subject to your payment of the relevant fee. In the event that we are unable to debit payment from you, we may suspend your access to the Paid for Service until payment is made.

We may agree to provide you with a free trial to Paid for Services. On expiry of the trial, your subscription may automatically commence unless you have informed us that you do not wish to continue your subscription following the trial period.

Connected Accounts

In some areas of the Service, you have the ability to connect to your bank accounts and other accounts you hold with third party institutions (“Third Party Accounts”). This enables us to access and retrieve data from your bank and other accounts to populate areas of the Service with details from those Third Party Accounts.

By using the Service to connect to Third Party Accounts, you authorise us and our Data Service Providers (on an ongoing basis unless and until you deactivate the connection) to access the relevant third party source, on your behalf and as your agent, to retrieve information requested by you or otherwise available from the Third Party Account. You agree that the bank or other institution providing the Third Party Account(s) shall be entitled to rely on the foregoing authorisation and that the Service may not be endorsed or sponsored by any Third Party Account providers.

ARQ cannot be responsible for the accuracy of data it receives from the Third Party Accounts or Third Party Members via our data service providers and you must ensure that it is (and continues to be) accurate. If at any time you choose not to link to a Third Party Account or Third Party Members you will stop receiving information from that Third Party Account or Third Party Member (for example up-to-date valuations) which may affect elements of the Service. ARQ or our data service providers cannot be responsible for any inaccuracies caused by you no longer having access to data or by data not being up-to-date.

Limitation of Liability

This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and Third party partners) to you under or in connection with these Terms, including your use of the Service. Nothing in these Terms limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or any other liability we cannot legally limit.

You assume sole responsibility for results obtained from the use of the Service, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you or by Third Party Account providers in connection with the Service.

We shall not be liable to you, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for the following types of loss whether direct or indirect and howsoever caused:

  • Loss of profit; or

  • Loss of goodwill; or

  • Loss of business; or

  • Loss of business opportunity; or

  • Loss of anticipated saving; or

  • Loss or corruption of data or information; or

  • Any special, indirect or consequential damage or loss suffered by the other party.

Disclaimer of Liability and Warranties

Limitation on Liability Provision of any software under this Agreement is experimental and shall not create any obligation for ARQ Wealth Limited to continue to develop, produce, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party. The product is provided “as is” without any express or implied warranty of any kind including warranties of merchantability or fitness for any particular purpose. in no event shall ARQ Wealth Limited or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the software, even if ARQ Wealth Limited has been advised of the possibility of such damages.

Indemnification

You agree to indemnify us against any and all claims, losses, damages, expenses and costs (including legal fees and expenses) arising out of or in connection with your use of the Service in breach of these Terms, or infringement of third party rights, except to the extent that we have breached these Terms or been negligent.

Variations

We may revise these Terms at any time by amending this page located at www.yourarq.com/terms-of-use or by sending you a notification via the Service or email. You are expected to check this page from time to time to take notice of any changes made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Site.

Complaints

This section explains how to complain about us or the service. If the complaint is about the access to payment accounts or requesting payments and you are still not satisfied after going through the process, your complaint could go to the “Financial Ombudsman Service”, which is the official complaints handling service for payment issues.

Any complaints about the ARQ service or Moneyhub data aggregation services must be addressed to us in the first instance by contacting support@yourarq.com and support@moneyhub.com. We will make every possible effort to reply, addressing all points raised, within an adequate timeframe and at the latest within 15 Business Days of receipt of the complaint, in a durable medium. In exceptional situations, if the answer cannot be given within 15 Business Days for reasons beyond our control, we shall send a holding reply, clearly indicating the reasons for a delay and specifying the deadline by which you will receive the final reply, which shall not exceed 35 Business Days. For the purpose of this Clause “durable medium” means a form which enables you to store the information in a way that is accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.

General Terms

These Terms comprise the entire agreement between you and us for the provision of the Service and supersede all prior or contemporaneous negotiations, discussions, representations or agreements, whether written or oral. No undertakings, promises, representations, or warranties shall have any legal effect unless expressly set out in these Terms.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the other provisions shall remain in force. The invalid or unenforceable provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

Nothing in these Terms shall give rise to any joint venture, partnership, or employment relationship between you and us.

Yodlee is a Data Services Provider, whose principal place of business is 3600 Bridge Parkway, Redwood City, California 94065 (Yodlee). Yodlee shall receive the benefit of, and be entitled to enforce, the indemnity in clause 13. Otherwise, these Terms do not confer any rights on any person or entity other than you and us.

No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, use of our Service although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Team ARQ.

Last updated: 18 July 2019.