Tulipshare TERMS OF SERVICELast updated: 7 July 2021
- Tulipshare Ltd (“we”, “us”, “our”) operates an activist investment platform, which we make available through a mobile application (“Mobile Application”) and our website at https://tulipshare.com/ (our “Website”).In these Terms of Service, our Mobile Application and the Website shall be collectively referred to as the “App.”The App allows you to invest money and manage your investments as part of the ethical investment campaigns that we promote (the "Tulipshare Service").
- Our Service
- Tulipshare provides investment campaign and brokerage services through the App. The App allows users to buy and sell securities through our partner the Investment Platform Provider (as described below in paragraph 6.1).
- We act as the introducing broker. The Investment Platform Provider acts as our executing broker and provides clearing, settlement, and custody services.
- The financial instruments in which the Investment Platform Provider facilitates investments are single name public equities listed on US stock exchanges.
- We will automatically categorise you as a retail client, as defined by the Financial Conduct Authority in the United Kingdom. By classifying you as a retail client, you will benefit from certain regulatory protections provided to retail clients. You will not be able to request a different classification.
- Your Relationship with us
- The current version of these terms of service and any documents referred to within each of them (collectively, these "Terms of Service") set out the terms of your relationship with us, and the terms and conditions upon which you may use the Tulipshare Service and any application or functionality that we make available through the Tulipshare Service.
- It is important that you read and understand the Terms of Service before using the Tulipshare Service. By using and accessing the Tulipshare Service you agree to these Terms of Service.
- If there is anything within these Terms of Service that you do not understand, then please contact us by email to firstname.lastname@example.org to discuss what this means for you.
- If you do not agree to these Terms of Service, please do not use the Tulipshare Service.
- Important Warnings
- When you buy shares in a listed company / companies through the Tulipshare Service, you do so in connection with an ethical investment campaign. The purpose of these campaigns is to use your shareholder rights (and the rights of other users who participate in the campaign) to influence the practices of the company / companies in which you invest in an ethical way and in accordance with the campaign goal.
- When you invest through the Tulipshare Service, we may ask you to appoint us to act on your behalf to exercise your rights as a shareholder to further the relevant campaign goal. In some cases, subject to paragraph 13 below, we may ask you to complete additional forms to inform the company you invest in that we act on your behalf.
- The campaigns we list on the Tulipshare Service are not a recommendation or endorsement of any security, company or fund as a potential investment that will earn you income or capital growth. We do not assess the companies that you can invest in through the Tulipshare Service for their income or capital growth potential, and we do not guarantee that the value of your investment will increase or that you will earn any income from your investment.
- The information provided through the Tulipshare Service is also not intended to be, and does not constitute, financial advice or any other advice. It is general in nature and not specific to you. You should assess carefully whether your financial situation and tolerance for risk is suitable for purchasing and holding any shares, stocks or other securities, and you are responsible for conducting your own research before making any investments through the Tulipshare Service. By agreeing to the use the Tulipshare Service you accept that you have sufficient knowledge and experience in the types of investments available through the Tulipshare Service.
- Note that buying shares, stocks or other securities is inherently risky, as the value of your investment could fall and you could lose all the money that you invest. We will not be responsible to you for any losses that you suffer as a result of any investments that you make through the Tulipshare Service.
- We will need to conduct certain checks to verify your identity in order for you to use the Tulipshare Service. We may refuse to provide you with the Tulipshare Service if we are unable to do this.
- We may monitor transactions made through the Tulipshare Service for suspicious activity and fraud. If we suspect that you are using the Tulipshare Service in an unlawful manner or in breach of these Terms of Service, we may immediately end or suspend your use of the Tulipshare Service.
- You are responsible for ensuring that any device from which you access the Tulipshare Service is secure. This includes keeping any operating systems and antivirus software up to date, using strong PIN or passwords to secure your device, and not accessing the Tulipshare Service from a device that has been "jailbroken", "cracked", "rooted" or otherwise had restrictions in the software removed.
- Who we are
- The Tulipshare Service is provided by Tulipshare Ltd (“Tulipshare”), a company incorporated in England with registered number 12870288, whose registered address is at 64 Nile Street, International House, London, England, N1 7SR.
- We are an appointed representative of RiskSave Technologies Ltd ("RiskSave"), which is authorised and regulated by the Financial Conduct Authority (FRN 775330). RiskSave is a company incorporated in England with registered number 09930262 and its registered office is at 70 White Lion Street, London, England, N1 9PP.
- Our Service Providers
Our clearing and brokerage partner
- In order to provide you with the Tulipshare Service, we work with DriveWealth, LLC, a New Jersey Limited Liability Company registered as a broker-dealer with the United States Securities and Exchange Commission and a member of FINRA with CRD# 165429 and SEC# 8-69161 (the "Investment Platform Provider").
- The Investment Platform Provider provides clearing and brokerage services, including custody. When you establish an account on the Tulipshare Service, you are also opening an account in your name with our Investment Platform Provider (which we will set up for you on your behalf and integrate with your Tulipshare Account), so that it can fulfil its responsibilities in supporting the investment services provided by us and servicing your account. These activities include supporting the funding of your account, the acceptance and execution of your orders, and reporting your account activity to you via trading confirmations, account statements and the information you view while logged into your account on the Tulipshare Service (the "Clearing and Brokerage Services").
- The terms and conditions upon which the Investment Platform Provider provides Clearing and Brokerage Services to you are set out at the Investment Platform Provider’s website at https://legal.drivewealth.com:
Please make sure that you read these terms carefully, as we will ask you to agree to them before you make any investment through the Tulipshare Service.
Our payments and currency exchange provider
Information about you
- As part of the Tulipshare Service, we provide you with access to an electronic money account (“Wallet”) that you can top up by transferring funds from your bank account to the Wallet. You can use the funds in your Wallet to purchase shares through the Tulipshare Service. When you establish an account on the Tulipshare Service, you are also opening an account in your name with The Currencycloud Ltd and/or its affiliates (our “PaymentsProvider”).We will set up this account for you on your behalf and integrate it with your Tulipshare Account so that it can fulfil its responsibilities in supporting the investment services provided by us and servicing your account.Any bank transfers that you make through the Tulipshare Service are facilitated by our Payments Provider. Any currency exchange transactions that you make through the Tulipshare Service are also facilitated by our Payments Provider. Please refer to paragraph 12 below for further details on how to top up your Wallet, convert funds, and submit an order to purchase shares via the Tulipshare Service.
- The terms on which the Payments Provider provides you with payment and related services (such as currency exchange services) are you set out at https://www.currencycloud.com/legal/terms/terms-of-use-uk-cc-ltd.Please make sure that you read these terms carefully, as we will ask you to agree to them before you make any investment through the Tulipshare Service.
- We may appoint replacement Investment Platform Providers or Payments Providers from time to time. We will promptly notify you in writing of the identity of any replacement Investment Platform Provider or Payments Provider and their terms of service.
Setting up your account and your Wallet
Who can use the Tulipshare Service
- In order to use the Tulipshare Service, you will need to register and set up an account with us using your email address (your "Tulipshare Account"). You will be asked to create a password for your Tulipshare Account. We recommend that you use a strong password, with a combination of letters, numbers and special characters, with your Tulipshare Account.
- You are responsible for maintaining the confidentiality of your password and for any activities that occur under your Tulipshare Account. We will not be responsible to you for any losses you might suffer as a result of someone else accessing your Tulipshare Account.
- As mentioned above in paragraph 6.4, when you set up a Tulipshare Account, we will also provide you with access to a Wallet, which you can top up by transferring the amount you wish to credit from your bank account to your Wallet.Our Payments Provider processes all bank transfers in and out of your Wallet. Please refer to paragraph 12 for further details on how to top up your Wallet, convert your funds, and submit an Order to purchase shares via the Tulipshare Service.
- In order to use the Tulipshare Service, you must:
Verifying your identity
- be 18 years or older and legally capable in your country of residence of entering into a legally binding agreement;
- be resident in the United Kingdom;
- have responded to our requests to verify your identity and been approved by us in accordance with these Terms of Service; and
- not have been banned or suspended by us from using the Tulipshare Service.
- We and our service providers will need to verify your identity in order for you to use the Tulipshare Service and associated services provided by the Investment Platform Provider and Payments Partner. This is known as "Know Your Customer" or "KYC", which we and our partners are required to do by law when providing the Tulipshare Service.
- We may ask you to provide certain information to help us verify your identity. You must ensure that any information you provide is accurate, as we will not be responsible to you if we are unable to verify your identity because of any errors or omissions in the information you have provided to us.
- Your identity may be subject to verification including, but not limited to, validation against third party databases or the verification of one or more official government or legal documents that confirm your identity and your place of residence.
- Some of the searches which we or a third party may perform, such as a credit check, may leave a soft footprint on your credit history. This will not affect your credit rating.
- We may ask you to provide updated information and supporting documents at least once a year in order to continue providing you with the Tulipshare Service.
- We may refuse to provide you with some or all of the Tulipshare Service if we are unable to verify your identity.
- Tulipshare is committed to preventing money laundering and any activity that facilitates money laundering, financing terrorism or any other criminal activity. We may therefore, from time to time:
We or our partners may refuse to provide you with all or some of the Tulipshare Service if:
- conduct enhanced or periodic identity checks where we suspect that any unlawful activity may have taken place, or as part of our ongoing risk management procedures;
- monitor your use of the Tulipshare Service to identify any suspicious transactions, including unusual transaction sizes, volumes or patterns; and
- report any suspicious activity to local regulators, enforcement bodies and other compliance bodies.
We or our partners may suspend or end your access to your Tulipshare Account and the provision of any Tulipshare Service to you at any time if:
- we are unable to complete any diligence checks on you, or, if the results from our diligence checks identify that you pose a reputational, financial, or regulatory risk to us or our partners;
- we have previously identified you as an individual engaged in suspicious activity;
- you are trying to access the Tulipshare Service from a country considered to be exposed to a high risk of money laundering or financing terrorism;
- you are a politically exposed person, or are a family member or known close associate of a politically exposed person;
- you are listed on a sanctions list in any of the jurisdictions in which we provide the Tulipshare Service; or
- we otherwise identify you as an individual exposed to a high risk of money laundering or financing terrorism.
Payments and Investments
- we or our partners are unable to verify that the source of any funds in your Tulipshare Account is legitimate; or
- you do not provide us or our partners with further information about you or the source of any funds in your Tulipshare Account that we may request from time to time; or
- we or our partners suspect that you are using the Tulipshare Service in an unlawful manner.
- All orders to purchase shares and participate in an investment campaign (your "Order") through the Tulipshare Service are subject to acceptance by us.
- The contract between you and us to purchase the stocks you have specified in your Order will come into effect when we confirm to you that we have accepted your Order. All Orders will be processed by our Investment Platform Provider, in accordance with the Order Handling Policy (https://tulipshare.com/documents/order-handling).
- Orders that you make to purchase shares through the Tulipshare Service are “market order” investments (i.e.Orders that, once accepted by us, will be executed at the best market price then available to Tulipshare). When you place an order, you will be shown the last-traded price, which may differ from the actual execution price (due to fluctuations in the market). If you place an order outside of regular U.S. market trading hours, your order will queue until the market reopens.
- By submitting an Order, you agree to pay us the following:
- the value of the investment; and
- the Tulipshare Transaction Fee (as described in paragraphs 15 below).
- We have set out below the steps that describe how to transfer funds to your Tulipshare Account (Step 1), convert your currency from Great British Pounds (“GBP”) to United States Dollars (“USD”) (Step 2), and submit an Order (Step 3). Each step described below is a separate process.
Step 1 (transfer of funds): transfer funds in GBP from your bank account to your Wallet.When you click on “Deposit funds,” you will be shown transfer instructions, including a unique account number and a sort code.By making the bank transfer, you authorise the placement of such funds into your Wallet by our Payments Provider.
Step 2 (currency exchange): convert the funds (or the relevant portion of the funds) in your Wallet from GBP to USD and pay the Tulipshare Conversion Fee (as described in paragraph 15.4 below). Each currency exchange transaction is a separate transaction based on the currency rate provided by the Payments Provider at the time you wish to convert the funds. The actual conversion rate at the time the conversion is made may differ from the quoted conversion rate due to market fluctuations and is subject to change. The resulting amount of USD from the conversion may differ accordingly.By submitting a conversion request, you agree to pay us the Tulipshare Conversion Fee.
Step 3 (submit an Order) once the funds are converted to USD, they will be transferred from your Payments Provider account to your Investment Platform Provider account. You then have the option to submit an Order through the App. If you submit an Order and the Order is accepted by us, the Order will be processed by the Investment Platform Provider.
- Once your Order has been accepted by us, the funds with will be held on account by the Investment Platform Provider until the Order has been processed. The Investment Platform Provider will use commercially reasonably endeavours to execute the Order as soon as possible. Orders that are placed outside of market hours will queue until the relevant market opens.
- If you wish to liquidate your investment/s (i.e. sell your shares for cash), note that any proceeds from such liquidation will remain in USD unless and until you follow the steps set out in paragraph 12.8(b) below.
- After liquidating your investment/s you have the option of either:
- keeping your proceeds in USD. If you choose to do this, the proceeds will remain in your Investment Platform Provider account (you can keep the funds in your account or use the funds to place another Order); or
- converting the proceeds from USD to GBP. If you choose to do this, once converted the GBP funds will be transferred to your Payments Provider account, where you will be able to transfer the funds in GBP to your bank account by following the instructions in the App.
- We will make available to you on at least a quarterly basis, a statement generated by the Investment Platform Provider showing your investments through the Tulipshare Service, and available funds held in your Tulipshare Account, recent transactions, fees and any other details we may provide, from time to time ("Statements”). The Statements will be available in the “Documents” area of the App.
- The Tulipshare Service allows you to invest in publicly traded stocks in connection with ethical investment campaigns. As a shareholder, you will have certain rights in relation to the company that you invest in, including voting and information rights (the “Shareholder Rights”).
- When you participate in an investment campaign through the Tulipshare Service and buy shares through the Tulipshare Service, you may be asked to instruct us to exercise, on your behalf, your rights as a shareholder to help influence the practices of the listed company you invest in, in accordance with the aims of the ethical investment campaign promoted through the Tulipshare Service.
- If we seek authority to exercise the Shareholder Rights, we may ask you to complete additional documentation to notify the company you invest in that you are authorising us to act on your behalf to exercise any rights you may have in relation to the shares you buy through the Tulipshare Service, including the Shareholder Rights.
- Nothing in this paragraph 13 shall be construed as you providing us with any authority to act on your behalf to exercise any rights you may have at this time, including but not limited to the Shareholder Rights. At all times before and until we may request such authority, and until you have granted us such authority, you will maintain all authority to act to exercise any rights you may have in relation to the shares you buy through the Tulipshare Service, including the Shareholder Rights.
- Orders that have already been executed cannot be cancelled.
- If you wish to submit a request to cancel a pending Order, you must click on the ‘cancel’ button for the corresponding pending Order in your Wallet and select the ‘cancel order’ option in the pop-up.If the ‘cancel’ button does not appear next to the pending Order or if the cancellation pop-up is otherwise disabled, the Order cannot be cancelled.
- We are unable to guarantee the cancellation of a pending Order once a cancellation request has been submitted to us.A cancellation will only be processed for a pending Order if the request is received by the market centre to which the Order is routed and matched with the Order to be cancelled before it is executed.
- Any funds you receive from cancelled Orders will remain in your Investment Provider Account (and will be visible from your account dashboard in the App).
Your right to use the Tulipshare Service
- The fees payable by you to Tulipshare in connection with your use of the Tulipshare Services are the Tulipshare Transaction Fee and the Tulipshare Conversion Fee, each as described in this paragraph 15 (collectively, the “Tulipshare Fees”).
- For your use of the Tulipshare Service, we collect a fee calculated as a percentage of the transaction amount of each Order that has been processed by the Investment Platform Provider (the “Tulipshare Transaction Fee”). The calculation of the Tulipshare Transaction Fee is based on a tiered structure as shown in the following table:
Transaction Amount (USD) (inclusive of the Tulipshare Transaction Fee)
Tulipshare Transaction Fee
We reserve the right to waive all or a portion of the Tulipshare Transaction Fee at our discretion.
- The Tulipshare Transaction Fee is to be paid to us via your account in the App at the time you submit your Order. In the event your Order is cancelled, the Tulipshare Transaction Fee will be returned to you via your Wallet.
- For your use of the currency conversion functionality available to you via the Tulipshare Service, we collect a currency conversion fee (“Tulipshare Conversion Fee”). The Tulipshare Conversion Fee is a variable fee that will be calculated based on the amount of funds you wish to convert and the currency conversion rate available to you at the time you make a currency conversion transaction. The Tulipshare Conversion Fee will not be more than 0.75% of the amount you wish to convert and will be displayed to you in the App before any funds are converted.
- The Tulipshare Conversion Fee is to be paid to us via your account in the App at the time you submit a currency conversion request.
- You will not be able to submit an Order unless you pay the Tulipshare Transaction Fee. You will not be able to convert any currency unless you pay the Tulipshare Conversion Fee.
Rules of Acceptable Use
- The materials and content comprising the Tulipshare Service belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the Tulipshare Service in accordance with these Terms of Service.
- Your right to use the Tulipshare Service is personal to you and you are not allowed to give this right to another person. Your right to use the Tulipshare Service does not stop us from giving other people the right to use the Tulipshare Service.
- We allow you to download the App for use on your device in order to access and use the Tulipshare Service in accordance with these Terms of Service and we grant you a non-exclusive, personal, non-transferable licence for this purpose only.
- Unless permitted by these Terms of Service, and as permitted by the functionality of the Tulipshare Service, you agree:
- not to copy any portion of the Tulipshare Service or App;
- not to give or sell or otherwise make available any portion of the Tulipshare Service or App to anybody else;
- not to change the Tulipshare Service or App in any way;
- not to look for or access the code of the Tulipshare Service or App that we have not expressly published publicly for general use.
- You agree that all confidential information, copyright and other intellectual property rights in the Tulipshare Service and App belong to us or the people who have licenced those rights to us.
- You agree that you have no rights in or to any portion of the Tulipshare Service other than the right to use the Tulipshare Service in accordance with these Terms of Service.
App store terms
- In addition to the other requirements within these Terms of Service, this paragraph 17 describes specific rules that apply to your use of the Tulipshare Service (the "Rules of Acceptable Use").
- When using the Tulipshare Service, you must not:
- circumvent, disable or otherwise interfere with any security related features of the Tulipshare Service or features that prevent or restrict use or copying of the content accessible via the Tulipshare Service;
- give any false or misleading information or permit another person to use the Tulipshare Service under your name or on your behalf;
- impersonate any person, or misrepresent your identity or affiliation with any person or give the impression they are linked to us, if this is not the case;
- use the Tulipshare Service other than for their intended purposes as set out in these Terms of Service;
- use the Tulipshare Service if we have suspended your access to it, or have otherwise banned you from using it;
- modify, interfere, intercept, disrupt or hack the Tulipshare Service or collect any data from the Tulipshare Service other than in accordance with these Terms of Service;
- misuse the Tulipshare Service by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which would harm the Tulipshare Service or the equipment of any user of the Tulipshare Service; or
- use any automated system, including without limitation "robots", "spiders", or "offline readers" to access the Tulipshare Service in a manner that sends more request messages to the Tulipshare Service than a human can reasonably produce in the same period of time.
- Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
- immediate, temporary or permanent withdrawal of your right to use the Tulipshare Service;
- issuing of a warning to you;
- legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- The responses described in paragraph 17.3 are not limited, and we may take any other action we reasonably deem appropriate.
Ending our relationship
- You acknowledge that these Terms of Service set out the terms of the agreement between you and us only, and do not apply to your relationship with Apple, Inc., Google Ireland Limited or any other provider of an app store or distribution platform from which you download the Mobile Application (the "Store Provider").
- We, not the Store Provider, will be solely responsible for the Mobile Application, any content that we make available through the Mobile Application and any support or maintenance in respect of the Mobile Application. The Store Provider will have no obligation to provide any maintenance or support services with respect to the Mobile Application.
- We, not the Store Provider, will be solely responsible in the event that the Mobile Application does not comply with any warranties or other promises (including any promises made in respect of its functionality, suitability or fitness for purpose). To the maximum extent permitted by law, the Store Provider will not be responsible to you for any claims in relation to the Mobile Application.
- In the event of any claim that the Mobile Application infringes another person's intellectual property rights, we, not the Store Provider, will be solely responsible for investigating, defending, settling or otherwise dealing with any such intellectual property infringement claim.
- You acknowledge that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
- you are not listed on any U.S. Government list of prohibited or restricted parties.
- The Store Provider (and members of its corporate group) are third party beneficiaries under these Terms of Service and have the right to enforce these Terms of Service against you.
Our responsibility to you
- You may end your use of the Tulipshare Service at any time, for any reason, by emailing our support team at email@example.com. Please note that simply deleting the App from your device will not end your use of the Tulipshare Service. Only fully liquidated accounts may be closed. If you have open positions in a security (i.e. shares that you have purchased via the Tulipshare Service), in order to close your account, you will need to:
- convert your shares to the cash value equivalent at the time of the withdrawal (if any) – the funds will be held in your Investment Platform Provider account;
- convert the sale proceeds from USD back to GBP; and
- follow the instructions in the App or otherwise provided to you by us to transfer the funds from your Wallet to your bank account.
- If at any time you do not feel that you can agree to these Terms of Service or any changes made to these Terms of Service or the Tulipshare Service, you must immediately stop using the Tulipshare Service.
- We may immediately end your use of the Tulipshare Service if you break the Rules of Acceptable Use, or any other important rules or terms and conditions that we set for accessing and using the Tulipshare Service, including these Terms of Service.
- We reserve the right to terminate your account with immediate effect in the event we suspect it is being used to facilitate fraudulent activity, and to administer the process and any funds within it in accordance with our obligations under financial crime prevention regulations.
- We may also withdraw the Tulipshare Service as long as we give you reasonable notice that we plan to do this so that you have a reasonable period of time to download any of your content (including text or information) that you make available or create whilst using the Tulipshare Service.
- If you or we end your use of the Tulipshare Service or we withdraw the Tulipshare Service as described in this paragraph 19, we may delete or modify any information we hold about you. You will also lose any rights you have to use the Tulipshare Service or access our content and we will not offer you compensation for any losses.
- Orders already in progress cannot be cancelled and will be completed in the normal course of business.
- If we end your use of the Tulipshare Service, we will, following settlement of all outstanding transactions, liquidate your investment assets (if any) (i.e. sell your shares for cash) and make the necessary arrangements to transfer the proceeds to you in accordance with paragraph 19.9 below.
- If you or we close your Tulipshare Account, it is possible that further monies may still be received (for example, dividend payments from previous positions in a security).This money will be received and held by the Investment Platform Provider until such time as Tulipshare initiates its transfer to you.We will transfer monies to the bank account you used to fund your Tulipshare Account. In such an instance, we will:
- notify you of the value of any funds due to you via email; and
- unless you notify us that you object, have the funds converted from USD to GBP and deposited into the bank account you used to fund your Tulipshare Account. If you object to this, you must respond to our email within five business days of receipt. Unless your objection is received, the funds will be converted at the market conversion rate and we will charge you the following fees:
- 0.75% conversion fee; and
- 5 GBP bank transfer fee.
- The fees set out in paragraph 19.9(b)(i) and 19.9(b)(ii) will be deducted from any funds due to you under paragraph 19.9. Any remaining funds due to you following such deduction should reach your bank account in accordance with your bank’s usual transfer periods.
- If we are unable to transfer the funds to you for any reason, we will attempt to contact you to update your bank account information. If we do not receive a response, and the amount is £25 or less, we reserve the right to pay the funds to a registered charity of our choice six years after your account was closed.
Changes to the Tulipshare services
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Service, or act without due care, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the agreement or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example if you discussed it with us during the onboarding process.
- We do not exclude or limit in any way our responsibility to you and your rights under the applicable law of the country in which you are resident. We will, for instance, always be responsible for death or personal injury caused by our failure to use reasonable care, or any failure to so by our employees, agents or subcontractors, as well as for fraud or fraudulent misrepresentation and for breach of your legal rights in relation to the Tulipshare Service.
- We do our best to ensure that the Tulipshare Service itself is of a reasonable standard and quality and matches any descriptions we have provided to you. However, certain parts of the Tulipshare Service are provided by other parties, such as our Investment Platform Provider and Payments Provider, as described above at paragraph 5. As we do not own or provide those third-party services, we cannot be responsible for them in any way. In the event of any problems with those third-party services, you should contact the relevant service provider directly as set out in the relevant service provider's terms.
- We will do our best to ensure that any elements of the Tulipshare Service that require a connection to the Internet will always be available to you. However, due to the nature of the Internet and technology, any such features of the Tulipshare Service may be unavailable if we need to undertake any emergency or scheduled maintenance on our systems. This means that we are unable to promise that your use of those features of the Tulipshare Service will always be uninterrupted, without delays, error-free or meet your expectations. We will notify you of any planned outages; however, we may not be able to do this if any outages are caused by circumstances outside of our control. To the extent we are able to do so, we exclude any commitments that may be implied by law.
- We only provide the Tulipshare Service for domestic and private use. If you use the Tulipshare Service for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- The information on the Tulipshare Service is not intended to constitute investment research or any investment recommendation or other financial, investment, legal, tax or accounting advice or any other advice. You are strongly advised to seek independent legal or financial advice before making any investment decisions and in particular to verify whether such investment decisions meet your particular investment objectives and financial capacities. You should not make any investment decisions solely on the basis of the information made available on the Tulipshare Services.
- Nothing on the Tulipshare Service should be construed as a recommendation by Tulipshare to purchase, sell or subscribe for financial services or products, nor does Tulipshare or the Tulipshare Service provide any investment advice in any jurisdiction.
Changes to the Terms of Service
- We are constantly updating and improving the Tulipshare Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours, and the way people use the Internet and the Tulipshare Service.
- In order to do this, we may need to update, reset, stop offering and/or supporting, a particular part of the Tulipshare Service, or feature relating to the Tulipshare Service ("changes to the Tulipshare Service"). These changes to the Tulipshare Service may affect your past activities on the Tulipshare Service and features that you use ("Tulipshare Service elements").
- You agree that a key characteristic of the Tulipshare Service is that changes to the Tulipshare Service will take place over time and this is an important basis on which we grant you access to the Tulipshare Service. Once we have made changes to the Tulipshare Service, your continued use of the Tulipshare Service will show that you have accepted any changes to the Tulipshare Service.
- We will try, where possible and reasonable, to contact you to let you know about any significant changes to the Tulipshare Service.
Other Important Terms
- We may revise these Terms of Service from time to time, but the most current version will always be available at https://tulipshare.com/terms.
- Changes will usually occur because of new features being added to the Tulipshare Service, changes in the law or where we need to clarify our position on something.
- We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in the Terms of Service. We may contact you through the Tulipshare Service (for example by asking you to accept the changes before you continue to use the Tulipshare Service) or via separate email.
- Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
- We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Tulipshare Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
- If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
Contact and feedback
- English law will apply to all disputes and the interpretation of this Tulipshare Agreement, and the English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Tulipshare Service. This does not affect your rights under applicable consumer law in the country where you are resident, including your ability to bring a claim against us in the courts of that country. If you are a resident of Scotland or Northern Ireland, this also means you can bring a claim against us in the Scottish or Northern Irish courts.
- If you have a dispute with us relating to the Tulipshare Service, in the first instance please contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. We will acknowledge receipt of your email within 24 hours of its receipt.We will attempt to resolve your dispute within 15 business days from receipt of your email.If more time is needed to resolve your dispute, we will provide you with such notice during that timeframe and will seek to issue a final response within 35 days of receipt of your complaint.In the unlikely event that we are not able to resolve a dispute informally, we will discuss with you the most effective way of resolving the dispute.
- If your dispute is not resolved within these timeframes or if you are not satisfied with its resolution, you may refer it directly to the Financial Ombudsman Service. The address of the Financial Ombudsman Service is Exchange Tower, Harbour Exchange Square, London E14 9SR. The telephone number of the Financial Ombudsman Service is 0800 023 4567. The email address of the Financial Ombudsman Service is email@example.com. You can find out more information about how to refer complaints to the Financial Ombudsman Service at https://www.financial-ombudsman.org.uk/consumer/complaints.htm.
- All communications from us in relation to the Tulipshare Service will be in English.
- If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please do so through the "Contact Us" page on the Website (at firstname.lastname@example.org).
- We value hearing from our users and are always interested in learning about ways we can improve the Tulipshare Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.