Terms & Conditions
In these Terms & Conditions, the following terms shall have the following meanings:
“Advertising Services” means third party advertisements on the Site;
“Commencement Date” means the date on which you confirm your agreement to these Terms;
“Intellectual Property Rights” means copyright, rights related to copyright such as moral rights and performers rights, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trademarks, geographical indications, service marks, trade names, design rights, rights in get-up, database rights, databases, domain names, business names, rights in computer software, the right to sue for infringement, unfair competition and passing off, and all similar rights of whatever nature wherever in the world arising;
“Service” means the digital wealth platform which is provided by ARQ and is accessible through the Site, which allows the user to access account information, wealth insights and investment products, together with all associated software platforms and all affiliated materials, including documentation and information;
“Site” means the website and/or mobile application through which we provide the Service to you;
Scope of this Agreement
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 68 Hanbury Street, London E1 5JL. Our VAT number is GB302888692.These Terms & Conditions govern the supply of Account Information Services by ARQ, which are regulated under the Payment Services Regulations 2017. For these services, ARQ is acting as the registered agent of Moneyhub Financial Technology Ltd, (“Moneyhub”).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.Full conditions of use for the Moneyhub API service are available here .
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 Service, you certify that you are:at least 18 years of age; anda “high net worth individual” (as defined in accordance with article 48 of The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005) having:a gross annual income before tax of at least 100,000 in the tax year ending 5th April 2020; ora net qualifying asset value of at least 250,000;ARQ is not obliged to corroborate or verify any statements which you make to us about your status as a high net worth individual when you accept these Terms, and ARQ shall have no liability to you whatsoever as a consequence of any misrepresentation which you make to us when signing up to these Terms.We shall use commercially reasonable endeavours to make the Service 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 Service (or any part thereof) provided without prior notice. We will not be liable if the Service 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 email@example.comWe 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.
Investment advice disclaimer
Any data or materials shared or displayed within the Service by ARQ or our third party partners are provided for general information only.ARQ does not offer any investment advice on the Site or through the Service in any way whatsoever. The Service, and/or any information provided within or in connection with the Service, should not be construed in any way as being financial or any other professional advice. You should not rely on the Service, or the content within the Service, as the basis for making a financial or investment decision. We therefore disclaim all liability and responsibility whatsoever arising from any reliance placed on such materials by any user of the Service, or by anyone who may be informed of any of its contents.We recommend that independent professional investment advice is always sought before making any financial or investment decision.
Copyrights and Ownership
Ownership of, and all Intellectual Property Rights in, the Service and all copies thereof remain with ARQ and/or its suppliers. The Service is copyrighted and is protected by UK intellectual property laws and international treaty provisions. You agree to prevent any unauthorised copying of any Intellectual Property Rights in 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 right
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 and enjoying the benefit of the Service. You may not sell, license, share or transfer the Service, or reproductions of the Service to other parties in any way.Nothing in these Terms gives you a licence or any other right to use the Service (or any part of the Service) for any commercial purposes (including but not limited to resale or sub-licencing of the Service).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 that 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 use the Service in any way so as to directly or indirectly send, knowingly receive, upload, download, use or re-use any material which infringes any copyright, database right or trade mark of any other person or 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, give 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; or 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; and not to access without our prior authority, or 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; orany equipment or network or software owned or used by any third party partner of ours;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; and you agree not to do or say anything that would bring the Service, ARQ,or Moneyhub into disrepute.
When providing the Service to you, we will send you regular communications from us regarding the Service. These communications will include important notifications, updates and information regarding the Site or the Service. We may also send you marketing emails, but shall only do so where: (i) we have your express consent to do so; or(ii) it is in our legitimate interests to do so in a manner compliant with the applicable data protection laws.
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 materials from our Site, or on any website linked to our Site.
Term and Termination
These Terms shall come into force on the Commencement Date and shall continue in force thereafter until you give us written notice of your intention to terminate these Terms, or where we terminate these Terms by giving you written notice where you are in material breach of these Terms (and such breach is not remediable, or has not been remedied within 7 days of us notifying you of such breach).Unless otherwise terminated as specified under this agreement, your rights with respect to the Service will terminate upon the expiration of a valid and paid for account.
You will not disclose the Service or any materials which relate to the Service 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 however 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;Generally made available to third parties by ARQ without restriction on disclosure.
Payments and Cancellations FREE SERVICE
There is a free service available.Both parties may cancel the free Service at any time. You may cancel your membership by emailing ARQ at firstname.lastname@example.org and providing the following information:Full NameEmail address used for your ARQ account loginReason for cancellationDate
ARQ additionally offers a paid service which has extra functionality and benefits. For further details contact email@example.com to discuss your personalised solution.The membership fee for the paid Service is payable in a single installment and can be paid for a period of either one or two years. All such fees are payable in advance with all purchases being final.You may give notice to cancel your membership at any time but you will not be refunded. To cancel your membership, email ARQ at firstname.lastname@example.org providing the following information:Full NameEmail address used for your ARQ account loginReason for cancellationDateBy commencing the downloading of the ARQ app, you are waiving your right to withdraw from purchasing the digital content and you no longer will have a 14 day period to change your mind and receive any refund.
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 Third Party Accounts via our Data Service Providers and you must ensure that all such data is (and continues to be) accurate. If at any time you choose not to link to a Third Party Account you will stop receiving information from that Third Party Account (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 section sets out ARQ’s 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.ARQ’s entire liability in respect of a claim or series of related claims under or in connection with these Terms shall not exceed an amount equal to 100% of the membership fee or any renewal fee which was paid by you in the year during which the claim arose, or, where no fee has been paid.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; orLoss of goodwill; orLoss of business; orLoss of business opportunity; orLoss of anticipated saving; orLoss or corruption of data or information; orAny special, indirect or consequential damage or loss suffered by the other party.
Disclaimer of Liability and Warranties
Provision of any software to you through your use of the Service under these Terms shall not create any obligation for ARQ to continue to develop, produce, support, repair, offer for sale or in any other way continue to provide or develop Software either to you or to any other party. The Service is provided to you “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 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 your use of or inability to use the Service or the Site, even if ARQ has been advised of the possibility of such damages.
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 or any breach of these Terms by you, or infringement of any third party rights, except to the extent that we have breached these Terms ourselves or been negligent.
We may revise these Terms at any time by amending this page located at www.yourarq.com/termsandconditions 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.
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 email@example.com and firstname.lastname@example.org . 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.
These Terms comprise the entire agreement and understanding between you and us relating to the provision of the Service and supersede all prior negotiations, discussions, representations or agreements, whether written or oral between you and us relating to the provision of the Service. No undertakings, promises, representations, or warranties from us to you shall have any legal effect unless expressly set out in these Terms.You shall not assign, sub-licence, transfer or deal in any other manner any or all of your rights or obligations under these Terms. ARQ may freely novate, assign or sub-licence without your prior authorisation any if its rights or obligations under these Terms to any entity which takes over or acquires all or part of ARQ’s business.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 and effect. 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.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.ARQ and you shall each comply with all laws, enactments, regulations, regulatory policies, guidelines and industry codes applicable to them from time to time and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform their obligations under or in connection with these Terms.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, use of our Service or these Terms although we retain the right to bring proceedings against you for breach of these Terms 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.
LAST UPDATED 22nd MAY 2020