1. Introduction and Scope

1.1  These General Terms and Conditions (the “Terms”) form a legal agreement between Bloomsbury Money Jersey Limited (“Bloomsbury Money”, “we”, “us” or “our”) and you or the entity you represent (“you” or “your”), for the purpose of providing you with our Services, including payment services, foreign exchange services, virtual asset services and Visa debit card services.

1.2  These Terms are Professional Client Terms. Our Services are made available only to clients who have been classified by us as Professional Clients in accordance with Section 4 (Client Classification and Global Onboarding). We do not provide services under these Terms to persons classified as retail consumers.

1.3  These Terms apply from the date you first access or use the Services (the “Commencement Date”) and govern your use of the Services. By using the Services you confirm that you accept and agree to these Terms. If you do not agree to these Terms, you may not use the Services.

1.4  These Terms, together with our Fee Schedule (see Section 13), our Privacy Notice, and any product supplements, service schedules, application forms or specific instructions accepted by us, form the entire agreement between you and us (the “Agreement”). In the event of any conflict, a product supplement or service schedule will prevail over these Terms in respect of the relevant Service.

1.5  These Terms supersede any prior agreement, declaration or statement made by or with Bloomsbury Money in respect of the Services. Any reference in any documentation between you and us to an earlier version of these Terms shall, from the date these Terms take effect, be read as a reference to these Terms or to the relevant corresponding part of them.

1.6  The Terms apply to you regardless of your jurisdiction, to the extent that they are not incompatible with mandatory legal and regulatory requirements applicable to you locally. The invalidity of any portion of these Terms shall not affect the validity, force or effect of the remaining portions. If any restriction is held too broad to permit enforcement to its fullest extent, it shall be enforced to the maximum extent permitted by law.

1.7  We may subcontract our obligations under these Terms to third parties as permitted under Applicable Laws.

1.8  You should download a copy of these Terms for future reference. The most current version is available at bloomsburymoney.com/legal, and you may request a copy from us at any time.

2. Definitions and Interpretation

2.1  In these Terms, the following definitions apply:

(a)  “Account” means the account(s) opened in your name with Bloomsbury Money through which the Services are provided, including any currency wallets, virtual asset wallets and card accounts;

(b)  “AML/CFT Legislation” means the Proceeds of Crime (Jersey) Law 1999, the Money Laundering (Jersey) Order 2008, the Terrorism (Jersey) Law 2002, the Sanctions and Asset-Freezing (Jersey) Law 2019, the JFSC’s AML/CFT/CPF Handbook, and all other applicable anti-money laundering, counter-terrorist financing, counter-proliferation financing, anti-bribery and sanctions laws, regulations and guidance applicable to you or us, each as amended from time to time;

(c)  “Applicable Laws” means any applicable law, regulation, rule, policy, judgment, decree, order or directive, including without limitation the AML/CFT Legislation, any regulatory guidance and any permits or registrations issued by governmental or regulatory authorities having jurisdiction over you or us, in each case in force from time to time;

(d)  “Authorised User” means a person you have nominated, and we have approved, to access and operate your Account in accordance with Section 8;

(e)  “Business Day” means a day (other than a Saturday, Sunday or public holiday) on which banks are generally open for business in Jersey and, where relevant to a particular payment or FX Transaction, in the principal financial centre of the relevant currency;

(f)  “Card” means any Visa branded debit card (physical or virtual) issued to you or an Authorised Cardholder in connection with your Account;

(g)  “Correspondent Bank” means any bank, credit institution, payment institution, electronic money institution, card scheme member or other financial infrastructure provider used by us to hold funds, execute payments, settle card transactions or otherwise deliver the Services;

(h)  “Fee Schedule” means our schedule of fees and charges published at https://www.bloomsburymoney.com/fees, as amended from time to time;

(i)  “FX Transaction” or “FX Conversion” means an agreement between you and us for the exchange of one Supported Currency for another at an agreed rate settling on a spot basis. We do not offer FX forwards, options or any other derivative products;

(j)  “JFSC” means the Jersey Financial Services Commission;

(k)  “MSB” means money service business within the meaning of the Financial Services (Jersey) Law 1998;

(l)  “Payment Rails” means the payment systems, networks, schemes and Correspondent Bank arrangements through which payments to and from your Account are routed, which may include (without limitation) SWIFT, SEPA, CHAPS, Faster Payments, local ACH systems and card scheme networks;

(m)  “Payment Request” means an instruction submitted by you or an Authorised User through the Platform (or such other channel as we agree) requesting that we execute a payment from your Account;

(n)  “Platform” means the Bloomsbury Money technology platform (including web and mobile applications and any APIs) through which you can access and use the Services;

(o)  “Professional Client” means a client classified as such by us pursuant to Section 4;

(p)  “Quote” means the final exchange rate and settlement details we provide for a requested FX Transaction in accordance with Section 10;

(q)  “Services” means the services described in Section 5.1 and any other services we agree to provide to you;

(r)  “Supported Currencies” means the fiat currencies we support for your Account from time to time, as shown on the Platform;

(s)  “VASP” means virtual asset service provider, and “Virtual Assets” means digital representations of value that can be digitally traded or transferred and used for payment or investment purposes, as further defined under applicable Jersey law and Financial Action Task Force standards, including cryptocurrencies and stablecoins supported by us from time to time.

2.2  References to legislation include that legislation as amended, re-enacted or replaced from time to time and any subordinate legislation made under it. References to you or to Bloomsbury Money include any permitted successors and assigns. Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa.

27. General

27.1  Assignment. You may not assign or transfer your rights or obligations under the Agreement without our prior written consent. We may assign or transfer our rights and obligations to any successor, group company or purchaser of our business, subject to applicable regulatory requirements.

27.2  Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force.

27.3  No waiver. A failure or delay by us to exercise any right is not a waiver of that right.

27.4  Third-party rights. Except as expressly stated, a person who is not a party to the Agreement has no right to enforce any of its terms.

27.5  No advice. We provide execution and account services only. Nothing we provide constitutes investment, legal, tax or accounting advice or a recommendation to enter into any transaction.

27.6  Published policies. Our Privacy Notice (https://www.bloomsburymoney.com/privacy-policy), Cookie Policy (https://www.bloomsburymoney.com/cookie-policy) and Modern Slavery Statement (https://www.bloomsburymoney.com/modern-slavery-statement) are available on our website.

28. Governing Law and Jurisdiction

28.1  The Agreement and any non-contractual obligations arising out of or in connection with it are governed by the laws of the Island of Jersey.

28.2  The courts of Jersey have exclusive jurisdiction to settle any dispute arising out of or in connection with the Agreement, although we may bring proceedings against you in any other court of competent jurisdiction to protect our interests or enforce our rights.

Bloomsbury Money Jersey Limited — Registered in Jersey — Company number 151029 — Registered office: 3rd Floor, IFC5, Castle Street, St Helier, Jersey, JE2 3BY — London headquarters: The Bloomsbury Building, 10 Bloomsbury Way, London, WC1A 2SL — Tel: +44 (0) 203 6 333 333 — support@bloomsburymoney.com — Registered with the Jersey Financial Services Commission for money service business and virtual asset services (JFSC registry reference 210054).