TERMS OF USE AND ACCEPTABLE USE POLICY

Effective 27 June 2016

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1) TERMS OF WEBSITE USE

a) This terms of use and acceptable use policy (together with the documents referred to in it) explains the terms on which you may visit and/or make use of our website , whether as a guest or a registered user. Use of our site includes accessing, browsing, registering to use our site, and using our website for currency exchange and payment services. 

b) Please read these terms carefully before you start to use our site, as these will apply to your use of our site. 

c) By using our site, you confirm that you accept these terms and that you agree to comply with them. 

d) If you do not agree to these terms, you must not use our site.  

2) OTHER APPLICABLE TERMS  

a) These terms refer to the following additional terms, which also apply to your use of our site:  

i) Our Privacy Policy , which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. 
ii) Our Cookie Policy , which sets out information about the cookies on our site. 
iii) Our Customer Agreement which you must agree to prior to registering with us. 

3) INFORMATION ABOUT US

https://www.ofx.com/en-gb/ is a site operated by UKForex Limited (trading as OFX) ("we”, “our”, “us”). We are registered in England and Wales under company number 04631395 and have our registered office at 1st Floor 85 Gracechurch Street, London EC3V 0AA. We are registered with HMRC as a Money Services Business under the Money Laundering Regulations (reg. no. 12219180). We are regulated by the FCA as an Authorised Payment Institution (FRN: 521566). 

4) CHANGES TO THESE TERMS

We may revise these terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. 

5) CHANGES TO OUR SITE  

a) We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. 

b) We do not guarantee that our site, or any content on it, will be free from errors or omissions.

6) ACCESSING OUR SITE

a) Our site is made available free of charge.

b) We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

c) You are responsible for making all arrangements necessary for you to have access to our site.
d) You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

7) YOUR ACCOUNT AND PASSWORD

a) If you choose, or you are provided with, a user ID, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

b) We have the right to disable any user ID or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.

c) If you know or suspect that anyone other than you knows your user ID or password, you must promptly notify us at compliance@ofx.com.

8) INTELLECTUAL PROPERTY RIGHTS

a) The UKForex and OFX logos are registered trademarks of OzForex Group Limited (ABN 12 165 602 273).

b) We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

c) You must not modify any paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

d) Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

e) You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

f) If you print off, copy or download any part of our site in breach of these terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

9) NO RELIANCE ON INFORMATION

a) The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

b) Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete, or up-to-date.

10) LIMITATION OF OUR LIABILITY

a) Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

b) To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied. 

c) We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

i) use of, or inability to use, our site; or
ii) use of or reliance on any content displayed on our site. 

d) If you are a business user, please note that in particular, we will not be liable for:

i) loss of profits, sales, business, or revenue;
ii) business interruption;
iii) loss of anticipated savings;
iv) loss of business opportunity, goodwill or reputation; or
v) any indirect or consequential loss or damage.

e) If you are a personal user, you agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

f) We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

g) We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

h) Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our Customer Agreement .

11) VIRUSES

a) We do not guarantee that our site will be secure or free from bugs or viruses.

b) You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

c) You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

12) THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

13) PROHIBITED USES

a) You may use our site only for lawful purposes.  You may not use our site:

i) In any way that breaches any applicable local, national or international law or regulation.
ii) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
iii) For the purpose of harming or attempting to harm minors in any way.
iv) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
v) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

b) You also agree:

i) Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms. 
ii) Not to access without authority, interfere with, damage or disrupt:

(1) any part of our site;
(2) any equipment or network on which our site is stored; 
(3) any software used in the provision of our site; or 
(4) any equipment or network or software owned or used by any third party.

14) SUSPENSION AND TERMINATION

a) We will determine, in our discretion, whether there has been a breach of these terms through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate.  

b) Failure to comply with these terms may result in our taking all or any of the following actions:

i) Immediate, temporary or permanent withdrawal of your right to use our site.
ii) Issue of a warning to you.
iii) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
iv) Further legal action against you.
v) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

c) We exclude liability for actions taken in response to breaches of these terms.  The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.

15) APPLICABLE LAW

a) If you are a personal customer, please note that these terms, its subject matter and its formation, are governed by English law. You and we both agree that the English courts will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

b) If you are a business customer, these terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the English courts.

16) CONTACT US

To contact us, please email compliance@ofx.com.