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Terms of Use


1. Owner of Website – This website (“Website”) is owned by NZForex Limited
(CN:2514293) trading as OFX (“OFX”).  The Website consists of public areas
(“Public Area”) with unrestricted access and private areas (“Private Area”) with
restricted access. Any reference to the Website is intended to apply to both areas.

2. The Website – The Public Area of the Website provides information about the
mechanics of foreign exchange transactions and current information about exchange
rates. The Private Area allows you to book transactions, enter recipient account
details and access information about your account online (collectively “the
Services”). You may also obtain some or all of the Services by telephone or email, in
which case these terms and conditions will also apply to the extent that they are
relevant. 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.

3. Access to Private Area with Username and Password – When you enter into a Client
Agreement with us, you will be able to obtain a username and password with
unlimited or prescribed levels of authority in order to enable you and your authorised
representatives to access the Private Area of the Website and use the Services. You
accept these terms and conditions of use each time the Private Area is accessed by
anybody using your username and password. OFX will not check the identity of the
user every time the username and password are used. It is your responsibility to
ensure the security of your username and password. OFX will be entitled to assume
that anybody who uses the username and password has your full authority to do so
and accepts no responsibility for misuse or unauthorised access unless you have
notified OFX in accordance with this Agreement.

4. Legitimate Use – You agree to use the Website only for legitimate purposes. You
agree not to interfere with, damage (or attempt to interfere with or damage) or
reverse-engineer any code, data or software on or associated with the Website. You
agree to access the Private Area only in accordance with the terms of any client
agreement you enter into with OFX.

5. Ownership of Information on the Website – The copyright in the Website (including
design and contents) and all associated material is the property of OFX or third
parties from whom the material has been licensed. By accessing or using the
Website, OFX grants you a limited licence to view and otherwise access content on
the Website, but you are not authorised to use, alter, copy or distribute such content
or source code for any other purposes, including reverse engineering or copying that
content, trademarks, logos or source code, unless otherwise specified. All other
rights are reserved, and, except as outlined in this agreement or as otherwise
permitted by the Copyright Act 1994, no part of the Website and associated material
may be reproduced or published in any form or by any means, electronic or
mechanical, including photocopying, recording, or by information storage or retrieval
system, without the prior written permission of OFX.

6. Use of Information on the Website – The information, including any charts, graphs
and models, (“Information”) on this Website has been obtained from sources
believed to be reliable and has been prepared in good faith and with all reasonable
care. However, OFX makes no warranty, express or implied, concerning the
suitability, completeness, quality or exactness of the Information. To the fullest extent
permitted by law, neither OFX, nor any of its providers of information, assume any
liability to you, or to any other third party, for the accuracy of the Information or for
any errors or omissions therein, nor will OFX or any of its providers of information
have any liability for the use, interpretation or implementation of the Information. Use
of Information and content contained on the Website is at your own risk. The content
provided on the Website has not been prepared by taking into account the particular
objectives, situation or needs of any individual users.

7. Accuracy of Information on the Website – By providing the Information on this
Website, OFX undertakes no obligation to update the Information. Forecasts,
opinions or strategies herein are based on assumptions, market conditions and
available information at the time of writing and may change without notice. In
particular, currency converter rates are updated where possible on a daily basis, but
users should be aware that, for many exchange rates, daily data is subject to change
and so the rates listed may be out of date. These rates are a guide only, so visitors
to the Website should consult an OFX dealer either by phone or email to obtain the
current rates of exchange at any given time.

8. No Financial Advice – The Information contained in this Website does not constitute
either general or personal financial product advice, and nothing relating to the
provision of the information herein shall be construed as creating a fiduciary,
financial or other advisory relationship between OFX and the user or any other third
party. Any comments or statements made are not a recommendation that a
particular course of action is suitable for you and should not be regarded as financial
product advice. Before making any investment decision on the basis of any reports
or information provided, you must read any relevant disclosure document and make
your own investigations regarding the accuracy, reliability and completeness of this
information. You should also seek expert professional advice about the offer in light
of your particular financial circumstances and particular investment objectives or
needs. We will not take into account your current financial or future financial situation
or investment needs.

9. No Liability for Delays or Technical Problems – Subject to any conditions and
warranties implied by legislation and to the fullest extent permitted by law, OFX
excludes liability for any delay, interruption or unavailability of the Website. You
acknowledge that we operate an online dealing platform that could be subject to
technical, or other, problems, the nature and duration of which may be beyond our
control. Our Service also involves the use of intermediaries who are outside our

10. Access to the Website – OFX will use all reasonable efforts to provide access to the
Website at all reasonable times, but cannot guarantee that such access will never be
interrupted as a result of technical or other unforeseen problems. OFX reserves the
right to suspend or terminate access to the Private Area at any time and without prior

11. Termination of Access to Website – You may terminate your access to the Private
Area of the Website at any time by giving us 48 hours written notice by email of your
intention to change or terminate your username and password. In the event that you
suspect that any person has gained access to your username and password without
your authorisation, you should contact us immediately on the telephone number on
this Website.

12. Account Records in the Private Area – You should check your account records
carefully and promptly report to us as soon as you become aware of any payments
that you think are errors or are payments that you did not authorise or you think were
made by someone else without your permission.

13. Errors or Mistakes in the Private Area – You must notify us promptly if you become
aware that you have made a mistake while booking a transaction online or if you
become aware of any delays or mistakes in processing your transactions on the part
of OFX. If your funds are sent to the wrong account as the result of a mistake made
by you, and we have acted in accordance with your instructions, we will be under no
obligation either to recover the funds or to resend the funds to the correct recipient
account. You will need to book a new transaction.

14. Fee Disclosure – OFX may receive fees for advertising on the Website and in any
email newsletters that might be sent to you. OFX may have a financial interest in the
outcome or success of the offers of financial products mentioned in this Website.

15. Indemnity by You – You agree to indemnify OFX and its officers, employees and
agents in respect of any loss, damage, cost or expense which OFX they may sustain
or incur arising from or related to the improper use of the Website by you or your
authorised representatives.

16. External Links – The Website may contain links to other websites which are not
maintained or controlled by OFX (“third party site”). OFX makes no representations
or warranties whatsoever about any third party site. The Website provides these
links as a convenience only. A link does not imply endorsement of, sponsorship of,
or affiliation with the linked site. OFX accepts no responsibility for the content or use
of any third party site. If you link to any third party site, you leave the Website and do
so entirely at your own risk. OFX will not be liable for any loss or damage (whether
direct, indirect or otherwise) suffered by you from accessing, using, relying on or
trading with third parties in connection with Third Party Sites.

17. Security – OFX employs secure encryption technology, but cannot guarantee that the
Website will always be free of viruses or bugs or that any communication between
you and the Website is secure from interception by third parties.

18. Links to the OFX Website and Framing – OFX reserve the right to prohibit links to the
Website and you agree to remove or cease any link upon our request. You may not
frame any part of the Website content by including advertising or other revenue
generating material.

19. Advertising – Any dealings with any advertiser appearing on the Website are solely
between you and the advertiser or other third party. To the fullest extent permitted by
law, OFX is not responsible or liable for any part of any of those dealings.

20. Alterations to the Website – OFX reserves the right to alter without notice the content,
appearance and Services offered on the Website, and change this agreement at any
time by notifying users of the existence of the amended agreement through the
Website (and by continuing to access the Website, you agree to be bound by the
amended agreement), provided always that, in the event of any inconsistency, the
terms of the client agreement that you enter into with OFX shall prevail.

21. Privacy – The information collected through the Website may include personal
information, and you agree to the terms of the privacy policy on the Website, which
forms part of this agreement. In addition to the terms set out in that privacy policy:

(a) the information collected by OFX may include personal information:
(i) provided by you through registration on the Website or your use of the
services or the Website;
(ii) provided to it by you through any other method (including
correspondence and discussions); and
(iii) collected by us through click tracking in relation to your use of the
Website including the content you access and any services you utilise; and
(b) the personal information you provide may be used:
(i) for verification of your identity;
(ii) to assist in providing better services to you by tailoring them to meet
your needs;
(iii) to provide you with further information about us or other websites or
goods or services offered by us or our related companies or which we
consider may be of interest to you;
(iv) to carry out marketing, promotional and publicity purposes including
direct marketing, market research and surveys;
(v) to keep the Website relevant and of interest to users;
(vi) to show you advertising and information that is most relevant to you
and your interests;
(vii) for analysis in aggregate form (identifiable characteristics removed so
that you will remain anonymous); and
(viii) for any other purpose which is stated to you at the time of collection or
that you otherwise authorise.

22. No Relationship – This agreement will not be deemed to create a partnership, joint
venture, agency or employment relationship of any kind between OFX and you.

23. General – If at any time OFX does not enforce any of the terms or conditions of this
agreement or grant you time or other indulgence, we will not be construed as having
waived that term or condition or OFX’s rights to later enforce that or any other term of
the agreement. Further, if any part or provision of this agreement is deemed to be
invalid, unenforceable or in conflict with the law, that part or provision is replaced
with a provision which, as far as possible, accomplishes the original purpose of that
part or provision. The remaining terms and conditions of this agreement will be
binding on the parties.

24. Jurisdiction – This agreement is governed by and will be construed with the laws of
New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New