This Legal policy governs the use of our website www.mgpsolutions.com and applies to the provision of the services detailed below (Services) to the person using our services (you or Customer).
www.mgpsolutions.com is a website operated by MGIM Holdings Limited and we (we, us or Service Provider) are registered in England and Wales under company number 12256170 and have our registered office at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX.
You are deemed to have accepted these terms by using our website and again when you open an account and these terms will form the entire agreement between you and us.
MGIM Holdings Limited trading as MGP Solutions provide services to both individual and corporate clients worldwide. These services include deliverable Foreign Exchange and Trade Finance.
1. Execution of deliverable Foreign Exchange services with counter-parties who are fully authorised and regulated in the United Kingdom by the Financial Conduct Authority (FCA). Client funds will be held in ring-fenced segregated client accounts with the counter-party who provides the liquidity for your transaction(s) in line with FCA regulations. If your business requires Foreign Exchange Derivatives, any remuneration that MGIM Holdings Limited may receive will be highlighted to you before you enter into a transaction.
2. The provision of a Trade Finance facility of between £100,000 and £5,000,000. Your business may trade internationally but in order to satisfy our investors credit criteria, it must be based in the United Kingdom and be able to meet minimum financial thresholds before a lending decision is approved.
We reserve all copyright and any other intellectual property rights which may exist in connection with the provision of the Services. We reserve the right to take appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and indemnity
Our liability under this Legal Policy and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
The total amount of our liability is limited to the total amount of Fees payable by you under the Contract.
We are not liable (whether caused by our employees, strategic partners or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under this Legal Policy or the quotation for:
1. any indirect, special or consequential loss, damage, costs, or expenses or;
2. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third-party claims; or
3. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
4. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
5. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any products supplied in connection with the Services.
You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you, your strategic partners or employees.
Nothing in this Legal Policy shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer.
The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.
For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR.
We shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in this Legal Policy or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes.
We shall not disclose Personal Data to any third parties other than employees, directors, strategic partners, or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in this Legal Policy or to the extent required by applicable legislation and/or regulations.
We shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer.
Further information about our approach to data protection can be found here: https://mgpsolutions.com/privacy. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: firstname.lastname@example.org.
All notices under this Legal Policy must be in writing (or via email to the Managing Director of MGIM Holdings Limited) and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).
If one or more clauses of this Legal Policy is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of this Legal Policy which will remain valid and enforceable.
Law and jurisdiction
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.