End-User Licence Agreement
THESE TERMS CREATE A CONTRACT BETWEEN YOU AND OZFOREX LIMITED ABN 65 092 375 703 (TRADING AS “OFX”).
BY USING THE APP YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, STOP USING THE APP.
ABOUT THIS AGREEMENT
This Agreement governs your use of the OFX Money Transfer App (App) and any updates or supplements to it. The App allows you to book transactions with OFX, enter beneficiary account details and access information about your account (collectively “the Services”). Any Services provided to you will be provided only pursuant to OFX’s standard client agreement which you must agree to in addition to this agreement and prior to the provision of any such Services. In the event of any inconsistency between this Agreement and the relevant client agreement, the provisions of the client agreement will prevail.
OFX is solely responsible for the App and the content contained within it.
SCOPE OF LICENCE ON APPLE BRANDED PRODUCTS
OFX grants you a non-transferable license to use the App on any Apple branded Products that the end-user owns or controls and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed, acquired, and used by other accounts associated with you via Family Sharing, volume purchasing, or Legacy Contacts. The Apple Media Services Terms and Conditions will take precedence if there is a conflict between them and this Agreement.
The App requires an Apple iPhone running iOS operating system version 11.0 or above.
USE ON ANDROID PRODUCTS
OFX grants you a non-transferable license to use the App on a smart phone running Android operating system version 5.0 or above and view, and to use and display the App on such devices for your personal purposes only. The ways in which you can use the App may also be controlled by the Google Play Terms. The Google Play Terms will take precedence if there is a conflict between them and this Agreement.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or use of any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND INSTALL THE APP
You must be 18 or over to accept these terms and install the App.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App.
You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you transfer or dispose of any device on which the App is installed, you must remove the App from it ﬁrst.
CHANGES TO THESE TERMS
We may need to change these terms to reﬂect changes in law or best practice or to deal with additional features which we introduce.
If you do not accept the notiﬁed changes, it may mean you may not be permitted to continue to use the App.
UPDATES TO THE APP
From time to time we may automatically update the App to improve performance, enhance functionality, reﬂect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you obtained it.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App, you agree to us collecting and using technical information about the devices you use the App on, and related software, hardware and peripherals to improve our products, for internal business purposes and to provide any Services to you.
WE MAY COLLECT LOCATION DATA
We will make use of location data sent from your devices to provide the most relevant version of the App to you.
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services oﬀered by them.
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
- not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms; not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that any applicable laws prevent such actions from being prohibited.
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Services.
ACCEPTABLE USE RESTRICTIONS
- not use the App or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Services or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, oﬀensive or otherwise objectionable in relation to your use of the App or any Services;
- comply with any appliable third party terms when using the App;
- not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Service.
You represent and warrant that:
- You are not located in a country that is subject to a U.S. Government embargo, or reside in a country that has been designated by the U.S. as a ‘terrorist supporting’ country; and
- You are not listed on any U.S. Government list of prohibited or restricted parties.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights now or in the future in, or to, the App or the Services other than the right to use them in accordance with these terms. You acknowledge that in the event of any third party claim that the App or your possession and use of the App infringes on that third party’s intellectual property rights, OFX will be solely responsible for the investigation, defense, settlement and discharge of any such claims.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- The App, the Services, the information on the App and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
- To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the App and its contents, including in relation to any inaccuracies or omissions in the App, warranties of merchantability, quality, ﬁtness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
- We do not warrant that the App will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the App will not be aﬀected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
- While we may use reasonable eﬀorts to include accurate and up-to-date information on the App, we make no warranties or representations as to its accuracy, timeliness or completeness.
- Notwithstanding our eﬀorts to ensure that the App is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the App, or electronic mail transmitted to and from us, will not be monitored or read by others.
- We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage, loss of revenue, proﬁts, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses suﬀered or incurred by you in connection with the App and these terms. .
- The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are aﬀected. We are solely responsible for any claims, losses, liabilities, damages, costs or expenses attributable to any failure for warranties implied by law or which we have not effectively disclaimed.
- To the to the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App, other than to refund the purchase price of the App (if applicable).
You acknowledge that we, not Apple, are responsible for addressing any claims you, or any third party related to the App or your possession and or use of the App, including, but not limited to:
- Product liability claims;
- Any claim that the App fails to conform to any applicable legal or regulatory requirement; and
- Claims arising under consumer protection or similar legislation
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREACH THESE TERMS
We may end your rights to use the App and Services at any time by contacting you if you have breached these terms, or we reasonably suspect you have, or will be, in breach of these terms. If what you have done can be remedied, we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
- You must stop all activities authorised by these terms, including your use of the App and any Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and conﬁrm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
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 these terms.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
RIGHTS FOR THIRD PARTIES
You acknowledge and agree that Apple and Apple’s subsidiaries, are third party beneficiaries of the Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.
This agreement does not give rights to any third parties other than Apple, including under the Contracts (Rights of Third Parties) Act 1999 or other equivalent law in any applicable jurisdiction, to enforce any term of this agreement.
IF A COURT FINDS PART OF THESE TERMS ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraph of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and eﬀect.
EVEN IF WE DELAY IN ENFORCING THIS AGREEMENT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS AGREEMENT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
The App can be accessed from all countries around the world where the local technology permits. As each of these places have diﬀering laws, by accessing the App both you and we agree that the laws of New South Wales, Australia, will apply to all matters relating to the use of the App, without regard to the conﬂicts of laws principles thereof.
You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of New South Wales, Australia in respect of any dispute arising out of and/or in connection with these terms. You agree, however, that we shall be allowed to apply for injunctive remedies in any jurisdiction.
SUPPORT FOR THE APP AND HOW TO CONTACT OFX
Support. We are solely responsible for providing any maintenance and support services with respect to the App as required by law. You acknowledge that Apple has no obligation to provide any support or maintenance services for the App. If you want to learn more about the App or the Services or have any problems using them please take a look at our support resources at https://www.ofx.com/faqs/.
Contacting us (including with complaints). Any questions, complaints or claims regarding the App should be directed to:
Level 19, 60 Margaret St
Sydney NSW 2000 Australia