Terms

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.

Preamble

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.

Description of service

AquireFX provides international payments, and foreign exchange services, to individual, and business customers.

AquireFX provides the following services to its users:

  • Matching foreign exchange orders ("Orders") with others with reciprocal currency needs (a "Match Order"). And forwarding payment instructions to Earthport Plc ("Payment Processor") on their behalf ("the Service").
  • Quotes of the real-time midpoint of the Interbank foreign exchange "bid" and "offer" rates for currencies that AquireFX supports.
  • contact the AquireFX support team
  • Communicate user payment instructions to Payment Processors, in a reasonable way.

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.

Registration

A User will complete, correctly and accurately, their User Profile as set out on the Site. And provide all other information reasonably requested by AquireFX. A User authorises AquireFX to collect information about the User from third parties consistent with the AquireFX’s Privacy Policy, and to verify with others any or all information relating to the User, whether provided by the User or obtained from third parties.

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.

Transactions

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:

Order type;

  • Type and amount of currency requested;
  • Type and amount of currency offered;
  • Payee;
  • Other instructions (e.g., payee notification)
  • The User is responsible for the accuracy and validity of information submitted.

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 hereby acknowledges that the provision of services by Payment Processor is subject to Earthport's Terms of Use are available here.

Payment

The User will pay to the Payment Processor cleared funds, under the terms of this Agreement:

  • the full amount of each Order; and
  • the fees relating to such Orders, as set forth in the Price Schedule posted on the Site as amended from time to time.

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:

  • 200 AUD or equivalent currency;
  • 1% of the transaction value; or
  • the realised loss suffered by AquireFX by going to a third party to fulfil the matching User's Orders.

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.

User Conduct

The User acknowledges that they are responsible for:

  • access and use of the Service, and Site, including all activities of Administrators;
  • their actions, or failures to act, including maintaining confidentiality of user IDs, and passwords;
  • the security and use of all user IDs and passwords assigned to the User, whether or not authorised by the User;
  • complying with all laws and regulations relating to its use of the Service and Site. The User will notify AquireFX immediately on becoming aware of any unauthorised use of the Service or Site or any other breach of security, including the loss of any user ID or password. The User will deactivate any user ID or password that is lost or that may compromise the security of the Service or Site as soon as practicable after the User learns of same. The User will remain liable for all Orders placed before any such user ID and password is deactivated.

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:

  • disrupt or interfere with Site security, services, system resources, accounts, servers, or networks connected to, or accessible through, the Site;
  • upload, post or otherwise transmit through, or on, the Site any viruses, or other harmful, disruptive or destructive files or disabling devices;
  • take any action that imposes an unreasonable or disproportionately large load on the Site;
  • create or use a false identity on the Site;
  • attempt to use or disclose the account, user IDs or pass-words of other AquireFX Users;
  • attempt to get unauthorised access to the restricted portions of the Site;
  • attempt to use or use the Service for money laundering or other illegal activities.

Suspension or Limitation of Site or Service

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.

Proprietary Rights

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.

Privacy

AquireFX will maintain and disclose User information in accordance with its Privacy Policy which is available on the Site.

User's Representations, Warranties, and Covenants

As of the date hereof and the date of any Order submitted by the User, the User represents, warrants, and covenants that:

  • they have the authority to enter into this Agreement and its execution of this Agreement and submission of Orders have been and will remain duly authorised;
  • execution and delivery by the User of this Agreement and the completion of any Orders does not and will not conflict with or violate:
    • its articles or by-laws;
    • any contract or agreement to which the User is bound or to which any of the User's assets are subject; or
    • any statute, rule, regulation, ordinance, charter or policy to which the User may be subject;
  • each User has the capacity and authority to place Orders;
  • they have not granted and will not grant a lien on or security interest in any account designated by the User for payment of fees or the settlement of Orders. The User will promptly notify AquireFX, and refund to AquireFX, any excess or mistaken currency the User may receive.

Disclaimers

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:

  • meet User's requirements;
  • be uninterrupted, timely, secure, or error free; or
  • be corrected if defective.

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.

Limitation of Liability

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.

Indemnification

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:

  • the User's use of the Service;
  • the User's breach of this Agreement; or
  • any infringement by the User of any right of any third party.

Termination

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:

  • paid all fees owed to AquireFX; and
  • completed (or effectively cancelled) all Orders. Such termination will be effective immediately upon AquireFX's receipt of such notice.

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.

Miscellaneous

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]

"Agreement" means this User Agreement and the User Profile, Price Schedule, Privacy Policy as amended from time to time, that are posted on the Site. This Agreement constitutes the entire agreement between the parties governing the Service and supersedes all prior understandings and agreements, written or oral, as to its subject matter.

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.

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