TERMS & CONDITIONS

If you would like to participate in Coalface, please read our Terms & Conditions, and hit the ‘I Accept’ button below.

Client Agreement & Website Terms and Conditions

Client Agreement

Introduction

Coalface UK Ltd. is an Appointed Representative of Talbot Capital, which is regulated by the Financial Conduct Authority . Coalface can be found on the FCA Register under the number 705767. Coalface UK Ltd is incorporated under English law and its company number is 09566282. Coalface UK Ltd. is 100% owned by Coalface Capital Ltd. which is incorporated under Irish law. Coalface Capital Ltd.’s company number is 555529. The firm currently offers a ranking and performance reward service to clients.

1.1. Acknowledgement

1.2. This is our Standard Client Agreement which we intend to rely upon. The client acknowledges that he/she has read, understood and accepted the Client Agreement. By entering in to the Agreement, the client accepts Coalface UK’s Terms and Conditions, the Privacy Policy as well as any information (legal or otherwise) that may be posted on the Firm’s website, as may be amended by Coalface UK from time to time.

1.3. By accepting the Client Agreement the client enters into a binding legal agreement with the Firm

1.4. Coalface UK Ltd. will only undertake to track a client’s data and reward a client’s performance if the client’s minimum starting account balance on their chosen trading platform is greater than or equal to Gbp5,000 (or currency equivalent)

1.5. Coalface UK Ltd. commits to pay out up to 80% of net broking revenues and management fees to the traders on the platform, net revenues being gross revenues minus running costs. Coalface UK Ltd. commits to capping running costs at 12.5% of gross revenues.

1.6. The client acknowledges that the Firm’s official language is English.

1.7. Scope of the Agreement

1.8. The Client Agreement forms the basis on which Coalface UK provides data and ancillary services to the client

1.9. The Client Agreement is non-negotiable and overrides any other agreement s, arrangements, express or implied statements made by Coalface UK unless the Firms, as its sole discretion, determines otherwise. If the Client Agreement were to be materially amended, reasonable notice shall be given to the client.

1.10. The Distance EU Directive 2002/65/EC does not require the Client Agreement to be signed either by the client or the Firm in order for both the client and the Firm to be legally bound by it.

1.11. Commencement of the Client Agreement

The Client Agreement shall commence once the prospective client has received an e-mail that contains his/her CoalFace account number and certain documents including the Terms & Conditions and the Privacy Policy.

Terms & Conditions

In these Terms, "we", "our" and "us" means Coalface UK Ltd. and "you" and "your" means any person who accesses and uses this Website. We may amend these Terms from time to time without notice and such amendments will be effective from the date that they are posted on this Website. Your continued use of this Website will constitute your acknowledgement of the amended Terms.

1.12. General

1.13. By accessing and using this Website you will be bound by, and act in accordance with, these Terms and our Privacy Policy. If you do not wish to be bound by these Terms or our Privacy Policy then you should cease such access and/or use immediately. If you breach any term of these Terms then your right to access and use this Website shall cease immediately.

1.14. This Website is directed at residents of the United Kingdom. We make no warranty or representation that any product or service referred to on this Website and/or any service we provide is available or otherwise appropriate for use outside of the United Kingdom. If you choose to use this Website from locations outside the United Kingdom, you do so at your sole risk and you are responsible for compliance with all applicable local laws.

1.15. Access to the products and services available on the Website may be subject to restrictions regarding certain people or in certain countries. None of the products and/or services will be supplied to a person if the laws or his/her country of origin or any other country affecting him/her prohibits it. Nevertheless, it is the responsibility of any persons interested to check beforehand with their usual sources of advice that their legal and fiscal status allows them to subscribe to the products and/or services available on this Website.

1.16. We give no warranty as to the uninterrupted availability of this Website. We reserve the right to suspend, restrict or terminate your access to this Website at any time.

1.17. We may from time to time amend the content on this Website without notice.

1.18. Permitted use

1.19. You may not use this Website:

1.20. in any unlawful, fraudulent or commercial manner, or in a way which infringes another person’s rights;

1.21. to create, check, confirm, update, modify or amend your own or another person's databases, records or directories; or

1.22. in a way that interferes with, disrupts or imposes an unreasonable or

1.23. disproportionately large burden on our communications and technical systems as determined by us.

1.24. You may not tamper with, modify, reverse engineer or amend any part of this Website , nor operate a link to this Website without our prior written permission. We may require you to immediately remove any link to this Website at any time and we may withdraw any previously given permission at any time.

1.25. Intellectual property rights

1.26. The copyright in the information, content, material and data displayed on this Website belongs to us or the relevant third party. Images displayed on this Website are protected by copyright and may not be reproduced or appropriated in any manner without the prior written consent of their respective owner(s). You may temporarily print, copy, download or store extracts of information, content, material and data displayed on this Website for your own personal use, provided that:

1.27. it may not be used for any commercial purposes or sold or transferred to any third party;

1.28. the copy retains any copyright or other intellectual property notices contained in the original material and the status of us or the relevant third party as the author of such information, content, material or data is acknowledged;

1.29. it may not be excerpted, utilised, used, reproduced, published, reformatted and/or displayed on any other website without our prior written consent;

1.30. you must not modify the paper or digital copies of such information, content, material or data; and

1.31. no logos, trademarks or service marks displayed on this Website may be printed or downloaded, except as part of the text of which they form part.

1.32. All Intellectual Property Rights belong to us or the relevant third party and all such rights are reserved. “Intellectual Property Rights” means, without limitation, all copyright, design rights, patents, inventions, logos, business names, trading names, service marks and trademarks, internet domain names, moral rights, rights in databases, data, source codes, software, specifications, know how, processes and business methods (in all cases whether registered or unregistered and including all rights to apply for registration) in and relating to this Website (including the content displayed on it).

1.33. Limitation of liability

1.34. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation, or for any matter for which it is not permitted by law to exclude or limit, nor do we seek to exclude our duties or liabilities under the Financial Services and Markets Act 2000.

1.35. Whilst we endeavour to ensure that all content on this Website is accurate, we are not responsible or liable for any loss or damage which you may suffer or incur in respect of any content displayed on this Website or any third party website. Such content may be inaccurate, incomplete or out of date and it is your responsibility to check that such content is accurate, complete, correct and up to date.

1.36. Any views, opinions, advice, reviews, ratings or comments on this Website or any third party websites which are made by third parties do not represent our views, opinions or advice. We are not responsible or liable for any loss or damage you may suffer or incur in connection with such content.

1.37. We do not warrant or guarantee that this Website, any third party website or any content on this Website or any third party website is free from viruses, spyware, malicious software, trojans, worms, logic bombs or anything else which may have a harmful effect on any technology. You should use appropriate virus checking software. We are not responsible or liable for any loss or damage which you may suffer in this regard where caused by a third party.

1.38. We are not responsible or liable for any loss or damage which you may suffer from:

1.39. your use of this Website which is caused by any event beyond our reasonable control (including the electronic transmission of content over the internet and the interception or decryption of it by others);

1.40. your use of this Website (including any loss of savings you expect to make, loss of business or business opportunity, or loss of profit or revenue);

1.41. use of this Website which was not foreseeable by us when you used this Website; or

1.42. your inability to access and use this Website for any reason.

1.43. Our services

1.44. We may through this Website introduce you to other parties who provide products or services. We are paid by receiving from those third party providers a fee and/or commission for introductions made.

1.45. Nothing on this Website is, or shall constitute, financial, investment or other advice or a recommendation or endorsement by us in respect of any product or service. Information contained on this Website may be provided by third parties and is provided for general information purposes only so that you can consider which product or service you feel is most appropriate for you. You should always check the suitability of the product or service that is of interest to you and the decision whether or not to obtain a product or service is your decision solely. We suggest that you take independent professional advice before you obtain any product or service via this Website if you are in any doubt as to the suitability of any product or service referred to on this Website.

1.46. Nothing on this Website is, or shall constitute, an offer by us (or by any third party) to sell to you any product or service or to enter into any contract with you in respect of any product or service. By submitting your details, you are making an offer to obtain the relevant product or service from us or the relevant third party on contract for the product or service will only be concluded once your offer has been accepted.

1.47. Exclusion of liability

1.48. There are products and services made available to you through this Website which are provided by independent third parties. It is your responsibility to satisfy yourself that you wish to obtain any product or service before doing so. We are not responsible for any loss or damage which you may suffer in connection with any product or service you obtain after using this Website or for any acts, omissions, errors or defaults of any third party in connection with that product or service.

1.49. You should carefully read all the features and terms and conditions of any product or service before applying for it.

1.50. For certain products or services available through this Website you will be contracting with an independent third party who will provide that product or service to you on their own terms and conditions. It is your responsibility to ensure that you understand and agree with those terms and conditions before entering into a contract for that product or service. We are not responsible for any loss or dam age which you may suffer in connection with the terms and conditions applying to any such contract entered into by you or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions.

1.51. Any third party websites accessed by you via links on this Website are owned and operated by third parties over whom we do not have control. You access and use these third party websites at your sole risk and discretion. You are solely responsible for any use of these third party websites and for any decision whether or not to obtain any of the products or services available on such websites. Any links to third party websites are provided for your interest and convenience only. We do not endorse, recommend or accept responsibility for such third parties, their products or services, their websites or for any information, opinions or views given or advice provided by such third parties (whether on their websites or otherwise). We are not responsible for any loss or damage which you may suffer in connection with your use of any third party websites or for any acts, omissions, errors or defaults of any third party in connection with their website.

1.52. Your use of any third party website will be governed by the terms and conditions of use and privacy policy applicable to that website. Such terms and conditions of use and privacy policy will be different from these Terms and our Privacy Policy. It is your responsibility to ensure that you understand and agree with the terms and conditions of use and privacy policy of any third party website before using that website. We are not responsible for any loss or damage which you may suffer in connection such terms and conditions or privacy policy or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions and/or privacy policy.

1.53. Any views, opinions, advice or assistance which is given or provided to you by a third party after you have used this Website do not represent our views, opinions, advice or assistance and are not endorsed by us. We do not endorse, recommend or take responsibility for any third party who provides you with any views, opinions advice or assistance. You act or refrain from acting on any third party's views, opinions, advice or assistance at your sole risk and sole discretion and you are solely responsible for any decision to act or refrain from acting on such views, opinions, advice or assistance. We are not responsible for any loss or damage which you may suffer in connection with such views, opinions, advice or assistance including in relation to their accuracy, truthfulness or completeness or for any acts, omissions, errors or defaults of any third party in connection with such views, opinions, advice or assistance.

1.54. Your responsibilities

1.55. You must take all reasonable precautions (including the use of appropriate virus checking software) to ensure that any information, content, material or data which you provide is free from viruses, spyware, malicious software, trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of this Website or the websites of third parties or any other technology.

1.56. Before you obtain any product or service from a third party, you must check all of the material held by the third party about you to ensure that it is correct, complete, accurate and not misleading and that you have disclosed all relevant facts. It is your responsibility to identify and correct any mistakes or errors in such material before you obtain any product or service. Failure to do so could invalidate the product or service provided by the third party. We do not accept any responsibility for any loss or damage which you may suffer if any material held by the third party about you is not correct, complete and accurate or if it is misleading or if you have failed to disclose all relevant facts.

1.57. You are solely responsible and liable for your conduct on this Website and you will be liable to us for any damage, loss, claim, demand, liability or expense (including reasonable legal fees) that we may suffer or incur arising out of or in connection with your conduct on this Website .

1.58. Telephone calls

1.59. Telephone calls that you make to us may be monitored and/or recorded. This will help us to train our staff and improve our service to you and recordings will only be used under proper and careful supervision.

1.60. Complaints

1.61. If you are unhappy with our service for any reason then please contact our Complaints Department at Coalface Capital, Nova UCD, Dublin 4, Ireland or by e-mail on complaints@coalfacecapital.com

1.62. We will aim to resolve your complaint by the end of the following business day. If we are not able to do so, we will provide you with an acknowledgement. This will outline our initial assessment of your complaint, let you who will be dealing with it and will enclose a copy of our complaints leaflet which outlines our timescales and process. After we have had an opportunity to investigate your concerns, we will issue you with a final response

1.63. If you are unhappy with any product you have obtained from a third party or have any Complaint regarding any third party then you should address your complaint directly to that third party. If you require their contact details, please contact our Complaints Department who will be happy to assist.

1.64. Privacy

1.65. We process information about you in line with our Privacy Policy. By using this Website, you are consenting to the way in which we process and deal with your personal information.

1.66. We may disclose your personal information if required to do so by law, any court, the Financial Conduct Authority, the Prudential Regulation Authority, the Office of Fair Trading or any other applicable regulatory, compliance, Governmental or law enforcement agency.

1.67. Severability, entire agreement and no waiver

1.68. If any provision of these Terms is held to be unlawful, invalid or unenforceable then that provision shall be deemed deleted from these Terms and the validity and enforceability of the remaining provisions of these Terms shall not be affected.

1.69. These Terms constitute the entire agreement between you and us in respect of your access to and use of this Website and supersedes any prior agreements (including any previous terms of use of this Website).

1.70. No failure or delay by us in exercising any right under these Terms will operate as a waiver of that right nor will any partial exercise by us of any right preclude any further exercise of any right.

1.71. Governing law

1.72. These Terms and your access to and use of this Website, along with any non-contractual obligations arising out of or in connection with these Terms, shall be governed by and interpreted in accordance with English law.

1.73. Each of you and us submits to the exclusive jurisdiction of the courts of England and Wales in connection with these Terms and your access to and use of this Website (including any claims or disputes).