Recipient Terms and Conditions
Dated: 20 January 2024
You should read these Recipient Terms and Conditions (“Agreement”) carefully and ensure you understand them. Please obtain independent advice or contact us if you have any questions.
1.1. About the Agreement
This Agreement is a legal agreement between you and OFX (“we, us or our”). It applies to your access to and use of the Recipient Account Services. When you access or use the Recipient Account Services, it means that you have received, read, and agree to be bound by this Agreement.
This Agreement replaces any previous Agreement between you and OFX. The effective date of this Agreement is stated at the top.
We use some words which start with capital letters in this Agreement. These are called Defined Terms and you can see what each of these words means in the Glossary at the end of this Agreement.
1.2. How this Agreement Works
OFX is a global group of companies. When you agree to these Recipient Terms and Conditions, the OFX company that you are engaging with, and the laws apply to these Recipient Terms and Conditions, will be the OFX company and the laws that are the same country as the Authorized Partner. For example, if your Authorized Partner is in Australia, you are contracting with the OFX Australian company. The Country Specific section below tells you information about each OFX company and it also details any country-specific terms and conditions that may apply to you.
1.3. Other OFX Terms that can apply to you
When you register with OFX, you become an OFX Customer and you may have access to other OFX services such as OFX Payment Services. If you use other OFX services, specific terms and conditions apply to those OFX services. Other terms and conditions apply to your privacy and our website. You can find all the terms and conditions that apply to you as an OFX Customer at www.ofx.com.
1.4. Changes to this Agreement
We may make changes to this Agreement at any time. Such changes will become effective upon the earlier of posting the changes to our OFX website or otherwise communicating the changes to you. If you continue to use the Recipient Account Services after the change is made, it will mean you have accepted any change to the Agreement.
1.5. Copies of this Agreement
You can obtain a copy of this Agreement, or any other document referred to in this Agreement, at any time, from our website at www.ofx.com, by calling the telephone numbers in the Country Specific Contact Us section below, or by emailing us at firstname.lastname@example.org.
By selecting the “I agree” box or typing your name on any form we may ask you to sign, you agree that your electronic signature is your consent to be bound by this Agreement. You further agree that we may accept your electronic signature as the legal equivalent of your manual/handwritten signature and that no third-party verification is necessary to validate your signature in any way.
4. Recipient Account Services
4.1. Creating a Recipient Account
For you to receive the electronic payment from an Authorized Partner, you must first access the referral link provided by the Authorized Partner and successfully create an OFX online account. If you are already an OFX Customer and have an OFX online account, we may still need to link your OFX online account to the Authorized Partner. Where this is the case, you may be able to confirm this by logging in through the referral link provided by the Authorized Partner or by contacting us using the telephone numbers in the Country Specific Contact Us section below.
Unless you are a Telephone-only Customer, the Recipient Account Services are only available electronically and you must use the secure OFX online site. To validate your OFX Customer account as a recipient intended for a payment from an Authorized Partner, you will be asked to:
- Select the currency you want to apply to the electronic payments from the Authorized Partner,
- Input your accurate, up-to-date banking details telling us where you want the electronic payments from an Authorized Partner to be deposited, and
- Communicate any other information that we may require to validate and connect your OFX Customer account with your Authorized Partner’s account.
Once your Recipient Account is active and linked to the Authorized Partner, the Authorized Partner will begin to pay you using the OFX Payment Services and we will direct the payment to the bank account you nominate in your Recipient Account using the currency you select.
You can only select a currency that we support. If you would like to select a currency that we do not support, you cannot use the Recipient Account Services to receive payments from the Authorized Partner.
You must ensure that your bank account details, nominated bank account, and currency selection are accurate and up to date at all times. We do not verify your bank account details. We rely on the bank account number you give us, and we do not check that the name you provided for the account matches the account number you have given us.
4.2. Keeping your Recipient Account Safe and Secure
The OFX Terms and Conditions include important terms around keeping your OFX online account information safe and secure for OFX Payment Services. This section about keeping your Recipient Account information safe and secure is in addition to and does not intend to limit the OFX Terms and Conditions in any way.
You must not allow any person other than yourself to use your Recipient Account. If you let someone else use your Recipient Account, you are responsible for any use of the Recipient Account, even if you intended to limit this use.
You are responsible for the care and control of your OFX online account username and any password, credential, or authentication method we establish from time to time (all together a “Password”) when you access and use the Recipient Account. This includes that you must:
- Keep your username and Password separate;
- Keep your username and Password strictly confidential;
- Take all reasonable precautions to make sure that no one finds out your username and Password, including when you key in your Password on a computer or a mobile device,
- Avoid Password combinations that may be easily guessed by others, such as birthdays, phone numbers, age, etc., and
- Contact us immediately if your username and/or Password is stolen or your username and/or Password become known to any other person other than you. To do this, please contact us using the telephone numbers in the Country Specific Contact Us section below.
4.3. Receiving Payments from an Authorized Partner
The Authorized Partner, not OFX, determines the total amount of the payment, the original currency of the payment, and the timing of when the payment is made. If you want to learn more about the Authorized Partner’s original currency or when the Authorized Partner will make the payment, you need to contact the Authorized Partner.
We rely on your selected currency and the banking details in your Recipient Account at the time we process the Authorized Partner’s payment.
If the currency you select to receive your payment from the Authorized Partner is different than the Authorized Partner’s original currency for the payment, this will result in a cross-currency Transaction. Where there is a cross-currency Transaction, we automatically convert the Authorized Partner’s original currency to the currency you selected in your Recipient Account at time we process the payment and at the then-current Spot Rate.
If the currency you select to receive your payment from the Authorized Partner is the same as the Authorized Partner’s original currency for the payment, this will result in a same-currency Transaction.
Certain cross-currency Transactions and same-currency Transactions may have a fee and/or a Spot Rate as part of the OFX Payment Services and these fees/Spot Rates are subject to terms and conditions between OFX and the Authorized Partner.
Once the Authorized Partner initiates the payment using OFX Payment Services:
- The payment is automatically deposited using your selected currency and into your bank account using the details you provided in your OFX Recipient Account profile;
- You do not need to answer a security question;
- The transfer is final and cannot be revoked;
- The payment is a full and final settlement of the Authorized Partner’s payment obligation to you.
4.4. Making Changes to your Recipient Account
You can change your banking details, your selected currency, or any other information in your Recipient Account by:
- Logging into your OFX account using your username and Password and directly make the changes online, or
- Contact us using the telephone numbers in the Country Specific Contact Us section below.
We will apply the changes to your Recipient-Only Account at the time you make the request.
If the Authorized Partner has already initiated their payment to you before the changes you make are applied to your Recipient Account, the payment will be processed using the Recipient Account details that are in our records at the time the Authorized Partner’s payment is initiated.
You must contact the Authorized Partner directly if you wish to suspend the Authorized Partner’s permission or withdraw your consent from the Authorized Partner to no longer receive your payments from the Authorized Partner using the OFX Payment Services and your Recipient Account, or to learn when the Authorized Partner will initiate their payment to you.
4.5. Closing the Recipient Account
You can close your Recipient Account by contacting us using the telephone numbers in the Country Specific Contact Us section below.
You must tell the Authorized Partner directly that you no longer wish to receive your payments from them using the OFX Payment Services.
If the Authorized Partner has already initiated their payment to you before you close your Recipient Account, we will process the payment using the information in our records.
We have the right to close your account, at our sole discretion, if we reasonably believe the information you have provided to us is false or misleading or that a proposed OFX Payment Service may be connected in some way with Illegal Activities or may result in reputational harm or any other unacceptable business risk to us. If we do this after the Authorized Partner initiates the payment, and if permitted by law, any monies we may owe to you will be returned to the Authorized Partner.
5. Errors, Disclaimer and Liability
5.1. No Liability for Delays
By entering into this Agreement, you acknowledge that there may be delays in the transfer and receipt of payments and whilst we will do everything in our power to ensure the timely transfer of payments, you accept that we cannot guarantee that transfers of payments will always be made on time. We do not accept any liability to you for any loss suffered by you because of any delays in the transmission of payments.
You acknowledge that we operate an online payments 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 of our control.
5.2. Your responsibility for Recipient-caused errors:
All information you provide to us must be complete, accurate and truthful at all times and you must update this information whenever it changes. We are not responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.
We rely on the payment instructions from the Authorized Partner and the details you provide in your Recipient Account to process the Authorized Partner’s payment using OFX Payment Services. Should you make an error (for example, you give us the wrong banking details) and the Authorized Partner’s funds are not sent to you as the intended Recipient because of your error, you are fully responsible for any loss you incur, not us or the Authorized Partner.
We will make reasonable efforts to help you trace or recall the funds. Whether the funds can be recovered will depend on a number of factors including which bank the money has been paid to and any local laws that may apply. You can ask us in writing for any relevant information we may have to help you reclaim payment of the funds. We may also share this information with the Authorized Partner.
You agree to take all available steps to recover any such funds if the mistaken Recipient Account is owned or controlled by someone related to you or associated with you in some way.
5.3. Disclaimer and Exclusion
We make no warranty, express or implied, concerning the suitability, completeness, quality or exactness of the information and representations provided on its website or your Recipient Account. We will not take into consideration the investment objectives, financial situation or needs of any person.
The OFX website and your Recipient Account contain information obtained from various sources and has each been prepared in good faith and with all reasonable care. We and the Authorized Partner disclaim all warranties of any kind directly to you, including any warranty of merchantability, title, fitness for a particular purpose, and non-infringement. All websites, portals and your Recipient Account are provided on an AS IS basis and we do not guarantee the availability or suitability of the technology.
Neither OFX, an Authorized Partner, nor any of its providers of information, have any liability to you or any third party, for the accuracy of the information or representations contained on its website or your Recipient Account.
OFX and the Authorized Partners disclaims liability for damages, whether direct or indirect, incidental, consequential, punitive, or special whether arising out of breach of contract, tort (including negligence), any other theory of liability, or otherwise, regardless of whether such damages were foreseeable and whether or not the breaching party was advised of the possibility of such damages arising from the use of the Recipient Account Services.
We exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to processing payments to you and in relation to your Recipient Account to the maximum extent permitted by law.
You agree to indemnify us (and our respective affiliates, subsidiaries, officers, directors, employees, contractors, agents, licensors and suppliers), and the Authorized Partner from and against any and all claims, fines, civil penalties (including but not limited to regulatory fines for data breaches), losses, judgments, damages, liabilities, interest and expenses including, but not limited to, legal fees arising out of or in relation to any claim, action, or other proceedings brought by any third party that may arise out of or relate to: (i) any actual or alleged breach of your obligations, representations or warranties, as set out in this Agreement; (ii) your fraudulent, negligent, wrongful or improper use of the Recipient Account Services; (iii) your violation of any law, rule, or regulation of any country; (iv) any other party’s access and/or use of the Recipient Account Services using your username and Password.
5.5. Legal Disputes
For information on which country’s laws apply to this Agreement and where you may bring legal proceedings, please see the Country Section below. The laws that apply to you and your Recipient Account are the same laws that apply to the Authorized Partner.
An Authorized Partner is a third-party beneficiary of, and will have the right to enforce, certain rights under this Agreement in the same manner as it applies to OFX.
6. Anti-Money Laundering and Countering Financing of Terrorism (“AML/CFT”)
6.1. AML/CFT Compliance
Please read our Money Laundering Statement within the Legal section of our website at ofx.com.
By entering into this Agreement, you agree that you will not knowingly do anything to put us in breach of the Anti-Money Laundering and Counter-Terrorism Financing laws in any jurisdiction in which we operate. You undertake to notify us if you become aware of anything that would put us in breach of any AML/CFT law.
6.2. Consent to Use of Information by Us
All information you provide to us could be made available to regulatory authorities in both the country of origin of the funds and in the country to which the funds are being sent. We are subject to various laws relating to AML/CFT. You consent to us disclosing, in connection with any of these laws, any of the personal information we may hold about you.
6.3. Freezing or Blocking the Transfer of Funds
In certain circumstances, we may freeze or block an account where we believe or are told that it is being, or has been used, in connection with actual or suspected Illegal Activities. Freezing or blocking can arise as a result of the account monitoring that is required by AML/CFT laws and or at the direction of a court, regulator or government authority. If this occurs, we are not liable to you for any consequences you may suffer or losses you may incur whatsoever and you agree to indemnify us for all losses, costs, expenses, claims and damages that we may suffer or be found liable for, in connection with the freezing or blocking of your account.
6.4. Right to Refuse to Provide a Service or Process a Payment
We, or the Authorized Partner, reserve the right to refuse to process any payment using the OFX Payment Services without notice to you.
We reserve the right to refuse to accept you as a Customer or to refuse to process any Transaction at any stage of our relationship if we reasonably believe the information you have provided to us is false or misleading or that a proposed Transaction may be connected in any way with Illegal Activities or may result in reputational harm or any other unacceptable business risk to us.
6.5. Reporting Obligations
We are obligated to report all suspicious activities and Transactions to the relevant authorities. In almost all instances we are not permitted by law to inform you of any such reporting.
You warrant that you have full authority to enter into this Agreement and to receive the Recipient Account Services and you acknowledge that we may refuse to process any payment if we find at any stage that you do not have such authority.
If you are not satisfied with any aspect of our service, please contact us in any of the ways set out in the Country Specific Contact Us section below. For details of our complaint handling procedures please refer to our Complaints Policy which can be found on our website. Alternatively, you can ask us to send you a copy.
Authorized Partner means an OFX Corporate Client that instructs OFX to make a Transaction payment to a designated recipient that has a Recipient Account.
Corporate Client means any registered domestic and foreign companies, registered associations, registered co-operatives, trusts, partnerships, government bodies or other statutory bodies that have successfully registered and been onboarded by OFX as an OFX customer to receive the OFX Payment Services.
Customer means all persons who use our Recipient Account Services through our Secure Website, telephone, mobile applications, software, APIs or any other access channels.
Illegal Activities means any actual or alleged unlawful or criminal acts including but not limited to money laundering, terrorism financing or any similar activities.
Margin means the difference between the retail exchange rate and the wholesale exchange rate we obtain from our provider.
OFX Payment Services means the electronic payment services provided by OFX through our Secure Website, mobile applications, software, APIs or other access channels to OFX Customers and OFX Corporate Clients and can include, but is not limited to, cross-currency Transactions and/or same-currency Transactions.
Recipientmeans you, an OFX Customer, who has an open, active and in good-standing Recipient Account, is linked to an Authorized Partner’s account, and you are the designated recipient of an Authorized Partner’s payment using the OFX Payment Services and the Recipient Account Service.
Recipient Account means the payment services provided by OFX through our Secure Website, mobile applications, software, APIs or other access channels to OFX Customers who are qualified Recipients and is used for the Recipient to select the currency and the bank account details for depositing electronic payments from an Authorized Partner using the OFX Payment Services.
Recipient Account Services means the electronic payment services provided by OFX to you as a Recipient to receive payments from an Authorized Partner using OFX Payment Services.
Secure Websitemeans the private login area for our Customers on www.ofx.com and the OFX app.
Spot Rate means the rate that we receive from our bank service provider at the time that the conversion of a cross-currency Transaction is initiated plus our Margin.
Transaction means a payment service offered by OFX where OFX has received cleared funds and payment instructions from an Authorized Partner, completed the Transaction in connection with the Authorized Partner’s payment instructions, and remitted the payment to a Recipient using the instructions for currency and banking details in the Recipient Account at the time the payment is processed.
10. Country Specific Section
OzForex Limited (trading as OFX)
Address: Level 19, 60 Margaret Street, Sydney NSW 2000 Australia
Telephone: +612 8667 8090
Personal Customers: Customer.email@example.com
Business Customers: firstname.lastname@example.org
This Agreement shall be interpreted in accordance with the laws of New South Wales, Australia and you agree to submit to the jurisdiction of the courts of New South Wales, Australia.
This Agreement is between you and OzForex Limited (trading as OFX). ABN 65 092 375 703. Our registered office is at Level 19, 60 Margaret Street, Sydney NSW 2000, Australia. We are authorised by ASIC (AFS Licence number 226 484). https://asic.gov.au
CanadianForex Limited (trading as OFX)
Address: Suite 1002, 145 King Street, Toronto, ON M5H 1J8
The laws of the province or territory in Canada where you live and the laws of Canada apply to this Agreement.
This Agreement is between you and CanadianForex Limited (trading as “OFX”). We are registered in Alberta (2024240554). Our office is at Suite 1002, 145 King Street, Toronto, ON M5G 1J8, Canada. We are authorised by the FinTRAC (FINTRAC reg no. M08560392 ) https://www.fintrac-canafe.gc.ca/ and OFX is also provincially registered as a money service business with Revenu Quebec (registration number 10713).
Language for Quebec Residents:
In the event that this Agreement is characterized or construed as a contract of adhesion under Québec law, the party to this Agreement on whom the essential terms and conditions or stipulations are unilaterally imposed and are not negotiable (the adhering party) acknowledges having been provided by the other party with a French version of the Agreement at no cost, and thereafter, has explicitly expressed its willingness to be bound by the Agreement written exclusively in English. The parties have expressly required and mutually agree to be bound exclusively by the English version of the Agreement. The parties further agree that all documents related to this Agreement, including notices and other communications, be drafted exclusively in English. Dans l’éventualité où la présente convention est qualifiée ou interprétée comme étant un contrat d’adhésion en vertu du droit applicable au Québec, la partie à cette convention pour qui les stipulations essentielles sont unilatéralement imposées et sont non négociables (la partie adhérente) reconnaît qu’une version française de celle-ci lui a été remise sans aucun frais par l’autre partie, et par la suite, avoir expressément exprimé sa volonté d’être liée à la convention rédigée exclusivement en anglais. Les parties ont expressément requis et conviennent mutuellement d’être liées exclusivement par la version anglaise de la convention. Les parties conviennent également à ce que tous les documents se rattachant à la convention, incluant les avis et autres communications, soient rédigés exclusivement en anglais.
10.3. EUROPEAN UNION
OFX Payments Ireland Limited (trading as OFX)
Address: Fitzwilliam Court, 2 Leeson Close, Dublin 2, D02 YW24, Ireland Tel: +353 1 582 5307
+353 1 582 5307 (International)
Ireland: 1-800-948-364 (Local call)
Germany: 0800-181-7242 (Local call)
Spain: 900-838628 (Local call)
France: 0805-080584 (Local call)
This Agreement shall be interpreted in accordance with the laws of Ireland. If you are using our Services for personal purposes within the EEA, either party may bring a claim in the jurisdiction in which you are resident. Otherwise, both parties submit to the exclusive jurisdiction of the courts of Ireland, except for an action for injunctive relief, which may be brought in any appropriate jurisdiction.
This Agreement is between you and ©OFX Payments Ireland Limited (trading as “OFX”). We are registered in Ireland (Company No. 642716). Our registered office is at Fitzwilliam Court, 2 Leeson Close, Dublin 2, D02 YW24, Ireland. We are authorised by the Central Bank of Ireland as an Electronic Money Institution Firm Ref. No. C190174). http://www.centralbank.ie/
10.4. HONG KONG
OzForex (HK) Limited (trading as OFX)
Address: 29F, Bonham Majoris, 40-44 Bonham Strand, Sheung Wan, Hong Kong
Personal Customers: (+852) 3008 5721
Business Customers: (+852) 2777 7147
Personal Customers: email@example.com
Business Customers: firstname.lastname@example.org
This Agreement will be interpreted in accordance with the laws of Hong Kong and you agree to submit to the jurisdiction of the courts of Hong Kong.
This Agreement is between you and OzForex (HK) Limited (trading as “OFX”). Company Registration Number 1588862. Our registered office is at 44/F Edinburgh Tower, The Landmark, 15 Queen’s Road Central, Hong Kong. We are authorised by the Customs and Excise Department as a Money Service Operator (no. 12-08-00582). https://www.customs.gov.hk/
10.5. NEW ZEALAND
NZForex Limited (trading as OFX)
Address: Level 7, 16 Kingston Street, Auckland Central, New Zealand 1010
Personal Customers: 0800 161 868 (Free call)
Business Customers: 0800 161 898 (Free call)
This Agreement shall be interpreted in accordance with the laws of New Zealand and you agree to submit to the jurisdiction of the courts of New Zealand.
This Agreement is between you and NZForex Limited (trading as “OFX”). Company Number 2514293 | NZBN: 9429031497541). Our registered office is at C/ Bell Gully, Level 22, Vero Centre, 48 Shortland Street, Auckland, New Zealand, 1010. We are registered under the Financial Service Providers’ (Registration and Dispute Resolution) Act 2008.
OFX Singapore PTE. Limited (trading as OFX)
Address: OUE Downtown Gallery, 6A Shenton Way, #4-01 to #4-09 and #05-02, Singapore, 068815
Personal Customers: +65 6817 8747
Business Customers: +65 6817 8748
Personal Customers: email@example.com
Business Customers: firstname.lastname@example.org
This Agreement shall be governed by and interpreted in accordance with the laws of Singapore and you agree to submit to the jurisdiction of the courts of Singapore.
This Agreement is between you and OFX Singapore Pte. Limited (trading as “OFX”). UEN 201317103N. Our registered office is at 229 Mountbatten Road, 0-38, Mountbatten Square, Singapore, 398007. We are authorised by the Monetary Authority of Singapore (MAS) as a Major Payment Institution (License no. PS20200277 https://www.mas.gov.sg/
10.7. UNITED KINGDOM
UKForex Limited (trading as OFX)
Address: 4th Floor, The White Chapel Building, 10 Whitechapel High Street, London, E1 8QS
Personal Customers: 020 7614 4194
Business Customers: 020 7614 4195
This Agreement shall be interpreted in accordance with the laws of England and Wales. You and we both agree that the English courts will have exclusive jurisdiction, except for an action for injunctive relief, which may be brought in any appropriate 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.
This Agreement is between you and ©UKForex Limited (trading as “OFX”). We are registered in England and Wales (Company No. 04631395). Our registered office is at 4th Floor, The White Chapel Building, 10 Whitechapel High Street, London, E1 8QS. We are a wholly owned subsidiary of OzForex Limited (ABN 65 092 375 703). We are authorised by the Financial Conduct Authority as an Electronic Money Institution (Firm Ref. No. 902028). http://www.fca.org.uk/
10.8. UNITED STATES
USForex Inc., dba OFX
Address: 49 Stevenson St, 13th Floor San Francisco, CA 94105
1-888-288-7354 (Local call)
1-888-966-6888 (Local call)
This Agreement, and all claims or defenses based on, arising out of, or related to this Agreement of the relationship of the Parties created hereby, including without limitation those arising from or related to the negotiation, execution, performance, or breach of this Agreement, whether sounding in contract, tort, law, equity, or otherwise, shall be governed by, and enforced in accordance with, the internal laws of the State of California including its statute of limitations, without reference to its choice of law rules or any principle calling for application of the law of any other jurisdiction.
Choice of Forum
Any disputes arising out of or related to this Agreement, or any other aspect of the Parties’ relationship shall be heard only in the courts of San Francisco, California, to the exclusion of all other courts and fora. The Parties irrevocably consent to the jurisdiction of, and venue in, such courts and waive any objection that such courts are an inconvenient forum.
Company Information This Agreement is between you and USForex Inc. (trading as “OFX”). We are registered in Delaware, USA (EIN: 72 1621909). Our registered office is at 13th Floor, 49 Stevenson Street, San Francisco, CA 94105, USA (Company No. 046311395). We are authorised by the Nationwide Multistate Licensing System NMLS (#1021624) and hold licenses for each State in which we operate. https://nationwidelicensingsystem.org/