Agreements

Vauban Terms and Conditions

Who we are and how to contact us

https://www.vauban.io/https://dashboard.vauban.io/ and https://structurer.vauban.io (each a “site”) are sites operated by Vauban Technologies Limited(“we”). We are a private limited company registered in England and Wales under company number 11128704 and have our registered office at 186 Shoreditch High Street, London, E1 6HU, United Kingdom.

We are registered with the Financial Conduct Authority (FRN 825317) for Anti Money-Laundering purposes.

To contact us, please email hello@vauban.io.

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

If you live in or are based in the United States, our US Terms and Conditions apply to you.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy.  See further under How we may use your personal information.
  • Our Complaints Policy. See further under Complaints Policy
  • Where Onfido is used for processing identity checks, you agree that you have read, understand, and accept Onfido Facial Scan Policy and ReleaseOnfido Privacy Policy and Onfido Terms of Service.
  • Where The Currency Cloud Limited is used for the provision of payment services on your account, you also agree to accept these terms and conditions: Currency Cloud US Terms and Conditions ; Currency Cloud UK Terms and Conditions.
  • Payment services are provided by The Currency Cloud Limited. Registered in England No. 06323311. Registered Office: The Steward Building 1st Floor, 12 Steward Street London E1 6FQ. The Currency Cloud Limited is authorised by the Financial Conduct Authority under the Electronic Money Regulations 2011 for the issuing of electronic money (FRN: 900199). In the US Currency Cloud operates in partnership with CFSB. CFSB fully owns the bank program and services are provided by The Currency Cloud Inc.’

If you purchase services through our site, our services agreement will apply to the sales.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our services, our users’ needs and our business priorities.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@vauban.io.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded 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 contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our  licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on hello@vauban.io.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our Engagement Letter with clients.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the terms set out in the “Prohibited uses” below.

You warrant that any such contribution does meet those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content:

  • a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service forever;
  • a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of the site forever.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. 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 site will cease immediately.

Rules about linking to our site

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above,please contact hello@vauban.io.

Our trade marks

Vauban and Wealth containers are trademarks of Vauban Technologies Ltd. You are not permitted to use them without our approval, unless they are part of material you are using as expressly permitted by us.

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

  • 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.
  • For the purpose of harming or attempting to harm minors in any way.
  • To bully, insult, intimidate or humiliate any person.
  • To send, knowingly receive, upload, download, use or re-use any material unless expressly permitted (e.g. by signing our engagement letter).
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

Breach of this policy

When we consider that a breach of these terms has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use our site.
  • Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these terms.The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

How this contract can be transferred

We can transfer our rights and obligations under these terms to any third party, provided thisdoes not adversely affect your rights under these terms.

Which country’s laws apply to any disputes?

If you are a consumer,please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business,these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Complaints Policy

1. Introduction

Vauban Technologies Limited (“Vauban”) is committed to providing a quality service and working in an open and accountable way that builds trust and respect. One of the ways in which we can continue to improve our service is by listening and responding to the views of our clients and stakeholders, and in particular by responding positively to complaints, and by putting mistakes right.

Therefore we aim to ensure that:

• making a complaint is as easy as possible

• we welcome compliments, feedback and suggestions

• we treat a complaint as a clear expression of dissatisfaction with our service which calls for an immediate response

• we deal with it promptly, politely and, when appropriate, confidentially

• we respond in the right way – for example, with an explanation, or an apology where we have got things wrong, or information on any action taken etc.

• we learn from complaints, use them to improve our service, and review annually our complaints policy and procedures

We recognise that many concerns will be raised informally, and dealt with quickly. Our aims are to:

• resolve informal concerns quickly

• keep matters low-key

• enable mediation between the complainant and the individual to whom the complaint has been referred

This policy ensures that we provide guidelines for dealing with complaints from members of the public about our services, facilities and staff

2. Definitions

A complaint is defined as any expression of dissatisfaction, however, it is expressed. This would include complaints expressed face to face, via a phone call, in writing, via email or any other method. All staff should have sufficient knowledge to be able to identify an “expression of dissatisfaction” even when the word “complain” or “complaint” is not used.

A complaint covered by this Policy can be distinguished from:

• staff grievances

• responses to requests for feedback about the standard of our service provision

• reports of problems or wrongdoing merely intended to bring a problem to our notice with no expectation of a response

• service requests

• requests for information

3. Scope

This policy applies to all staff receiving or managing complaints from our clients, their related parties and any member of the public made to or about us, regarding our products, services, staff and complaint handling.

4. Complaints

The formal complaints procedure is intended to ensure that all complaints are handled fairly, consistently and wherever possible, resolved to the complainant’s satisfaction.

5. Responsibilities

Vauban’s responsibility will be to:

• acknowledge the formal complaint in writing;

• Explain the complaints process

• respond within a stated period of time;

• Inform the complainant of the progress of the complaint and reasons for any delay

• Inform the complainant of the possible or likely outcome of their complaint.

6. Confidentiality:

Except in exceptional circumstances, every attempt will be made to ensure that both the complainant and Vauban maintain confidentiality. However the circumstances giving rise to the complaint may be such that it may not be possible to maintain confidentiality (with each complaint judged on its own facts). Should this be the case, the situation will be explained to the complainant.

7. Record keeping:

Details and documents relating to customer complaints will be retained for a period of 5 years from the date the complaint has been resolved.

8. Complaints Procedure:

Written records must be made by Vauban at each stage of the procedure.

Stage 1

In the first instance, staff member(s) must establish the seriousness of the complaint. An informal approach is appropriate when it can be achieved. If concerns cannot be satisfactorily resolved informally, then the formal complaints procedure should be followed.

Stage 2

If the complaint cannot be resolved informally, the complainant should be advised that a formal complaint may be made and the following procedure should be explained to them. It may sometimes be appropriate for a different member of staff, preferably a member of the compliance team, to make this explanation.

a) A formal complaint can be made either verbally or in writing. If in writing the attached form should be used. If verbally, a statement should be taken by the team member or management team.

b) Upon receiving the complaint, the complainant will be contacted within 24 hours, confirming the complaint is being considered and advising when a response can be expected.

c) In all cases, the complaint must be passed on to the Team Lead. In the event of a complaint about the Team Lead the complaint should be passed to the The COO, and if the complaint is about the COO this must be passed on to the CEO

d) One of the above will investigate the complaint. Any conclusions reached should be discussed with the staff member involved and their Line Manager.

e) Complaints must be resolved by the end of 15 business days following receipt of the complaint. However in exceptional circumstances, where Vauban is unable to issue a final response within the 15 days of receipt, Vauban will issue a holding response including:

i. The reasons for the delays in resolving the complaint

ii. A deadline in which Vauban will aim to issue the final response. This must be no later than 35 business days from the date of receipt.

Stage 3

a) If the complainant is not satisfied with the above decision, then a sub-group of the Board will be convened.

b) The sub-group will examine the complaint and may wish to carry out further interviews, examine files / notes. They will respond within four weeks in writing.

c) When a final response has been given it will either:

i. Accept the complaint, and where appropriate, offer redress or remedial action;

ii. Offer redress or remedial action without accepting the complaint; or

iii. Reject the complaint and give reasons for doing so.

Stage 4

d) Where The Currency Cloud Limited is used for the provision of payment services, if a complainant is still not satisfied with the resolution of the complaint, and if you are an eligible complainant, you can refer your complaint to:

The Financial Ombudsman Service (FOS)

Exchange Tower

London E14 9SR

Email: complaint.info@financial-ombudsman.org.uk

Tel: 0800 023 4 567

Tel: 0300 123 9 123

Call from abroad on: +44 20 7964 0500

www.financial-ombudsman.org.uk

e) Please note you must refer your complaint to the FOS within 6 months of the date of our final response and that the FOS will not take on a complaint until we have in the first instance had the opportunity to investigate your complaint and provide you with our response.