Thanks for using AquireFX! The following document outlines the AquireFX website Terms. You need to read, understand, and agree to our Terms before using any of the AquireFX Services.
These terms of service ("Terms") govern your use of and access to our services, software and websites (collectively "Services"). Your agreement is with AquireFX Ltd (ACN 111 382 560, in Australia, "AquireFX"). These Terms form your agreement with AquireFX (“we”, “us”). Please read them carefully.
By using our Services, you (a “User”) agree to be bound by these Terms. If you are using our Services for an organisation, you agree to these Terms on behalf of that organisation.
AquireFX provides international payments, and foreign exchange services, to individual, and business customers.
AquireFX provides the following services to its users:
AquireFX publishes the currencies that the service includes on our website, www.aquirefx.com ("the Site"). Currencies included in the service are subject to change at AquireFX's sole discretion.
The User will name an individual who will be responsible for modifying the User Profile and authorizing and terminating User IDs and passwords ("Administrator").
The User will restrict access to and use of the Service and password-protected areas of the Site to individuals identified on the User Profile.
It is a condition precedent of this Agreement that the User completes registration, and AquireFX notifies the User that this Agreement and Payment Agreement have both been accepted, whereafter the User may submit Orders via the Site. Each Order must include all correct and accurate information as requested by AquireFX, including but not limited to:
The exchange rate for Match Orders will be the midpoint of the Interbank "bid" and "offer" rates determined by Morningstar (or another rate-quoting system selected by AquireFX) at the time the Order (or portion thereof) is matched ("Rate").
Orders may not be modified or cancelled after they have been submitted to AquireFX. The User may request that AquireFX change the payee from a third party to the User at any time before payment, if the User has a bank account, in the proper currency, in a jurisdiction in which AquireFX operates
The User authorises AquireFX to forward to the Payment Processor, information needed to complete each Order.
AquireFX will notify the User that an Order has been completed, together with details of payment instructions. AquireFX may also notify the payee.
The User will pay to the Payment Processor cleared funds, under the terms of this Agreement:
An order must include the User's 13 digit Virtual Account Number ("VAN"). Funds will be due and payable within 48 hours from the time of the match. Failure to comply will result in a charge to the User of the greater of:
AnCustomers may not instruct any 3rd party individual or company to make funding payments on their behalf.
Two defaulted Orders may result in termination as a User by AquireFX.
The User will pay all applicable taxes incurred because of their use of the Service and will indemnify AquireFX for all such taxes. AquireFX will not be responsible for collecting or remitting any such taxes.
AquireFX may, without prior notice to the User, set off, or instruct and authorise Payment Processor to set off, amounts that AquireFX or Payment Processor, as applicable, owes to the User against any overdue amounts owing by the User to AquireFX or Payment Processor. In addition, at any time, any amount owed by the User that is past its due date for payment, AquireFX may, without notice, cancel any of the User's uncompleted Orders.
The User acknowledges that they are responsible for:
The User will promptly update and correct information in the User Profile from time to time and ensure that such information is complete and accurate. The User will not:
AquireFX will use reasonable efforts to make the Services available 24 hours a day, seven days a week. But AquireFX reserves the right to suspend or limit all or part of the Site or Service, or a User's access, without notice, for any reason. The User acknowledges that AquireFX will have no liability to the User or any third party for any suspension or limitation of the Service.
The User acknowledges that, AquireFX retains all intellectual property rights related to or embodied in the Service, including copyright, trademark, trade secret, patent and other intellectual property rights. The User may print content from the Site in connection with the User's use of the Service only (and not for resale or sublicensing), provided that proprietary notices are not altered or removed.
As of the date hereof and the date of any Order submitted by the User, the User represents, warrants, and covenants that:
The Service is provided on an "as is" and "as available" basis.
AquireFX disclaims all implied warranties of any kind, including without limitation, warranties of merchantability, informational content, system integration, non-infringement and fitness for a particular purpose.
AquireFX has not given, and will not be liable in connection with, any warranties, express or implied that the service will:
AquireFX (including its officers, directors, employees, agents, and payment processors) will not be liable for any damages suffered by the user (including, without limitation, loss of data) from delay, non-delivery or miss-delivery of content, errors, system down-time, network or system outages, file corruption or any other service interruptions, regardless of cause or customer's errors or omissions.
The User acknowledges that the information provided by or through the Service (including, without limitation, third-party sources) may contain inaccuracies and typographical and other errors. AquireFX does not warrant the accuracy or completeness of such information or the reliability of any information, statement or other data accessed on or through the service. The User acknowledges that their use of, and reliance on, any such information, statement or other data is at its own risk.
The User acknowledges that foreign exchange transfers with AquireFX are conducted as regulated money service business in accordance with the regulations of ASIC.
As Orders are processed based on matching reciprocal currency needs of other AquireFX Users, AquireFX can provide no assurance that User's Orders will be matched or completed within a certain time.
AquireFX (including its officers, directors, employees, and agents and Payment Processors), will not be liable for any claim for indirect, incidental, special, consequential or punitive damages arising out of or in connection with the Service, or the use of or the inability to use the Service, or resulting from a third party's unauthorised access to or alteration of the User's transmissions or data, or other information that is sent, or received, or not sent or received including, without limitation, damages for loss of profits, revenues, use (including, without limitation, cover damages), data or other intangibles, even if AquireFX has been advised of the possibility of such damages. AquireFX's total liability under this Agreement, as to any Order, will not exceed the fees the User pays to AquireFX for such Order.
The User will defend, indemnify and hold harmless AquireFX (including its officers, directors, employees, agents, and Payment Processors) from and against any losses, damages, claims, actions or demands (including, without limitation, reasonable legal and accounting fees and expenses) arising out of or in connection with:
This Agreement will continue until terminated by the User or AquireFX. Termination of this Agreement will not affect either party's obligations relating to any Order submitted prior to termination.
The User may terminate this Agreement on notice to AquireFX provided the User has:
AquireFX may, in its sole discretion, terminate this Agreement at any time. Such termination will be effective immediately upon the date that the notice is sent.
Upon termination of this Agreement, AquireFX will cancel all user IDs and passwords and the User will have no further right to place Orders. If AquireFX terminates this Agreement, AquireFX will cancel all unfilled Orders or parts thereof and the User will pay any amounts due and owing to AquireFX.
These Terms are governed by the laws of Victoria, Australia and you and we submit to the exclusive jurisdiction of the courts of that State.
We will provide you with notice via the email address associated with your User Profile. You may send us notices be emailing [email protected]
We may revise these Terms from time to time, and will post the most current version on our website. If a revision may substantially limit a User's rights, we will notify them in advance (by, for example, sending a message to the email address associated with their User Profile or posting our website). By continuing to use or access the Services after the revised Terms come into effect, a User agrees to be bound by the revised Terms.
If part of this Agreement is held invalid, unenforceable, or void for any reason, the rest of this Agreement will remain in effect.
AquireFX's failure or delay in exercising or enforcing any right, power or remedy under this Agreement will not operate as a waiver or relinquishment of any right, power or remedy.
The User acknowledges that the parties are not engaged in a partnership, joint venture or agency relationship of any kind.
Any person who is not a party to this Agreement will have no right to enforce any term of this Agreement.
AquireFX may, in its sole and absolute discretion, delegate, and contract for or otherwise transfer or assign to a third party any or all of its obligations hereunder. The User may not delegate or otherwise assign any of its obligations or rights under this Agreement without the prior written consent of AquireFX.