18. Intellectual Property

18.1  All intellectual property rights in the Platform, the Services, our website, our trade marks, logos and content belong to us or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform solely to access the Services in accordance with these Terms.

18.2  You must not copy, modify, reverse engineer, decompile, scrape, create derivative works from, or resell the Platform or any part of it, or remove any proprietary notices. Any feedback you provide about the Services may be used by us without restriction or obligation to you.

19. Liability and Indemnity

19.1  Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation by us, or for any liability that cannot be excluded or limited under Jersey law.

19.2  Subject to clause 19.1, we are not liable for: (a) indirect, consequential or special loss, loss of profit, revenue, business, goodwill or anticipated savings; (b) losses caused by Correspondent Banks, Payment Rails, card schemes, blockchain networks or other third parties outside our reasonable control; (c) losses arising from our compliance with legal or regulatory obligations, sanctions or the AML/CFT Legislation; (d) losses caused by events of force majeure, including systems failures, cyber-attacks, market disruption, war, epidemic or acts of authorities; (e) exchange-rate or Virtual Asset price movements; (f) unavailability, interruption or malfunction of the Platform; or (g) losses arising from inaccurate instructions or information you provide.

19.3  Subject to clause 19.1, our total aggregate liability to you in connection with the Agreement in any twelve-month period shall not exceed the total fees paid by you to us in that period.

19.4  Indemnity. You shall indemnify us, our directors, officers, employees and agents on demand against all losses, claims, damages, costs (including legal costs) and expenses arising out of or in connection with: (a) your breach of these Terms or of Applicable Laws; (b) fraudulent, dishonest or negligent acts or omissions by you, your Authorised Users or Authorised Cardholders; (c) claims by third parties relating to your use of the Services; and (d) chargebacks, recalls, close-out costs, fines or penalties imposed on us by Visa, Correspondent Banks or authorities as a result of your activity.

20. Tax

20.1  You are solely responsible for determining and discharging any taxes that apply to your use of the Services, including in respect of FX gains and Virtual Asset transactions. We do not provide tax advice.

20.2  We may be required to collect, verify and report information about you and your Account under international tax reporting regimes as implemented in Jersey, including the US Foreign Account Tax Compliance Act (FATCA) and the OECD Common Reporting Standard (CRS). You must provide any self-certifications and supporting information we request and notify us promptly of any change, and you acknowledge that we may report information to, and withhold amounts where required by, the relevant authorities.

21. Data Protection and Confidentiality

21.1  We process personal data in accordance with the Data Protection (Jersey) Law 2018 and our Privacy Notice, available at https://www.bloomsburymoney.com/privacy-policy. Our use of cookies is described in our Cookie Policy, available at https://www.bloomsburymoney.com/cookie-policy. Questions about our use of personal data may be sent to privacy@bloomsburymoney.com. If you provide us with personal data about other individuals (such as directors, shareholders, beneficial owners, employees, Authorised Users or Authorised Cardholders), you confirm you have their authority to do so and have made our Privacy Notice available to them.

21.2  You acknowledge that we may share information about you, your beneficial owners, users and transactions with Correspondent Banks, card scheme participants, custodians, blockchain analytics providers, fraud-prevention agencies, our professional advisers, group companies and competent authorities, including outside Jersey, for the purposes of providing the Services and complying with our legal obligations. Where personal data is transferred outside Jersey, we apply safeguards required by the Data Protection (Jersey) Law 2018.

21.3  Individuals whose personal data we process have rights under the Data Protection (Jersey) Law 2018 and may complain to the Jersey Office of the Information Commissioner (www.jerseyoic.org).

21.4  Each party shall keep confidential the other’s confidential information, except where disclosure is required by law, a regulator or these Terms, or where the information is already public.