This User Agreement is effective as of “date” and governs the terms under which you may access and use this website and the services associated with it (together, the "Service"). Do not access or use the Service if you do not agree to be bound by the User Agreement. By accessing and using the Service, you are agreeing to the User Agreement. When you register as a client with Exchange4free you will also be bound by the Exchange4free Terms and Conditions Agreement.
As used throughout this User Agreement, the terms "Exchange4free", “E4F”, "we", "us", and "our" refer to Exchange4free Ltd, a England and Wales company, together with its employees, directors, successors, affiliates, and assignees. The terms "you" and "your" refer to the users of the Service, whether in their capacity as Senders, Recipients, Beneficiaries or visitors to this website.
OVERVIEW OF THE SERVICE
The Service was created to help our customers send money transfers to family, friends and pay for good s and services. We recommend that you use the Service only to send money to people you know personally. You should not use the Service to send money to strangers.
The Service allows people to send and receive money around the world. A "Sender" is someone who uses the Service to send money. A "Recipient", “Beneficiary” is someone who uses the Service to receive money through the Service. The "Destination Country" is the country in which the Recipient receives money through the Service. A "Transaction" is a specific instruction to send money through the Service. The "Transaction Amount" is the amount that the Sender provides for transmittal to the Recipient, excluding applicable fees and prior to any foreign exchange conversion. The "Pay out Amount" is the amount paid out to the Recipient, excluding any taxes or charges that may be levied under the laws of the Destination Country (the "Local Taxes" or “local bank charges”).
ACCESSING THE SERVICE
Eligible Users. You must be at least eighteen (18) years old to access or use the Service as a Sender. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.
Not Available to Certain Residents. The Service may not be available in whole or in part in different states, countries, and jurisdictions. In particular, you may not use the Service if you are a resident of the United States of America.
Offer and Acceptance. If you submit a Transaction, you are requesting that we process your Transaction, an offer which we may accept or reject at our sole discretion from our place of business in London, United Kingdom.
Clients may contact us (giving their name and Client Reference Number and any other information about their identity and the purposes of their instructions as we may reasonably require) to ask E4F to provide facilities for the buying or selling of currency (money or other medium of exchange). Each request for Trade (Trade Request) forms a separate contract for services between the client and E4F. We may accept written instructions to Trade (by fax, post, e-mail or online instruction through the E4F online electronic platform). However, if we do so, such Trades are made in good faith by us and we shall be under no duty to challenge or make enquiries concerning written instructions, which we genuinely believe originate from and express the client's wishes. We may, at our absolute discretion and without giving reasons, refuse any Trade or Trade Request whether received by telephone or through written instructions.
We will provide you with information about proposed exchange rates and the total price payable on the Trade requested by you. If the exchange rate is acceptable to you and you confirm the Trade Request at that exchange rate (including any other costs or sums payable) then, should we accept your Trade Request, a contract for the sale or purchase of currency will have been made between us. Once an exchange rate quote is accepted by a Client then this forms a legally binding obligation and commitment to the Contract by both E4F and the Client. Other costs may be deducted, see clause 18 below.
E4F will use its reasonable endeavours to complete a Trade once your Trade Request has been accepted. However, no liability will be accepted by E4F in regard to any reasonable delay in completing the Trade or in respect of Force Majeure.
Force Majeure: If E4F are unable to perform any of its obligations under these terms in regard to any Trade because of factors beyond its control such as, but not limited to, acts of God; fire, flood, earthquake, wind, storm or other natural disaster; war, threat of war, armed conflict, sanctions, embargos, breaking of diplomatic relations, terrorist attack; chemical or biological contamination; sonic boom; changes in law in any relevant jurisdiction; explosion or accidental damage, collapse of buildings or structures; failure of computers; labour disputes; non-performance by third parties; interruption or failure of utility services, provided that it has complied with all other provisions, E4F shall not be in breach of this agreement or any trade and shall not be liable for any failure or delay in the performance of its obligations.
Once a contract has been made between us it may not be altered, cancelled or rescinded by the client without the express written consent of a director of E4F. All communications will be made with clients on the phone number(s) or email address (es) provided by you. You irrevocably agree to service of any document at your nominated address. We provide you with the information requested of us under sections 7(1) and 7(2) of the Financial Services (Distance Marketing) Regulations 2004. As such you do not have a right of cancellation under EU distance selling regulations, and your acceptance of these terms signifies your understanding that this right of cancellation is not applicable.
E4F send client’s confirmation of accepted Trades (Contract Note) which includes remittance advice details for monies owed by the client to E4F and an onward payment instruction completed online by the client. Onward payment instruction forms must be completed online by the client by logging into the E4F online system. When you sign the contract note in hard copy or "tick" the "I accept" button on the website you are agreeing to abide by these terms and conditions and requesting us to accept your trade as a contract entered into. Whether or not clients receive a Contract Note a contract has been made upon acceptance by E4F of a request for Trade at the agreed exchange rate. Once a contract has been made clients are liable for the full sums due on the due dates. If you have not received a Trade Confirmation via email and/or SMS within 24 hours of your telephone call or communication to E4F and you would like one, then please contact E4F by telephone within 48 hours of the contract having been made. A Contract Note is not evidence of the terms of any Contract but a confirmation for your records. If you notice any inaccuracies please advise E4F immediately. Alterations cannot be made after a Trade Request is accepted. The Client agrees that all telephone conversations are recorded by E4F as part of our regulatory responsibilities and may be used by E4F as and when required. All Trades and Exchange Rates booked online or over the phone with an E4F Dealer represents a binding contract between E4F and the Client and cannot be changed or cancelled by either party unless agreed to in writing by both parties.
BEST PRICING GUARANTEE
Exchange4free will match or better any genuine quote on a currency pair that is provided in writing by a competitor or a bank that shows the Quoted rate given by the FX provider, subject to the fact that the quote needs to show the Reuters market rate for that currency pair and the quote needs to be time and dated stamped.
The best price Guarantee from Exchange4free is subject to the currency pair quote being priced at the quoted FX rates in the FX market at the point in time that Exchange4free is shown the FX rates. If the FX rate quoted is not available to be purchased or sold by Exchange4free without Exchange4free making a loss compared to the live FX market price on reuters then Exchange4free will not be able to offer the quoted price.
The Best pricing Guarantee from Exchange4free is subject to Exchange4free being able to physically purchase or sell and settle the currency pair requested by the customer. The customer needs to be a registered customer of Exchange4free and to have completed the necessary compliance checks before being a registered customer of Exchange4free. The customer may not purchase currencies through Exchange4free for speculation purposes and the customer must be in a position to be able to make payment for the currency. The customer should not use this offer to abuse or take advantage of historical price movements that may have occurred in the FX market.
NO FEE OR COMMISSION
Exchange4free charges No Fee or Commission on transactions that are Bank to Bank Transactions. This term of Bank to Bank transaction is where a customer make a payment to Exchange4free via a local bank transfer and then Exchange4free make a payment to the final beneficiary via a local bank transfer. These transactions will not result in any Fee or commission being charged by Exchange4free.
Transactions whereby a customer chooses to make payment to Exchange4free by debit or credit card pay result in an extra fee being charged by Exchange4free. This fee is charged due to the card processing fee that Exchange4free is charged for providing this service. You will be notified of the Card fee on your screen before you choose to complete the transaction. Should you not wish to pay this fee or commission then you should not choose to make the payment via debit or credit card on the Exchange4free website.
Exchange4free does offer some services whereby a customer is able to make payment via cash to Exchange4free. Exchange4free will charge a cash handling fee for this service and you will be notified prior to you completing the transaction. This service is not available to all customers and in all countries that Exchange4free operates. Exchange4free reserves the right to offer this service and to charge a handling fee accordingly.
Exchange4free does make international wire payments that may result in these payments being processed by a correspondent bank, These transactions may result in a fee being charged by the correspondent bank or the landing bank. The fees charged by correspondent banks and or by beneficiary banks is out of the control of Exchange4free and these are not fees that Exchange4free charges or makes any money on. These fees are part and parcel of the banking system and the making of International payments. Exchange4free does its best to help its customers so they may not get charged these fees but in many cases Exchange4free is not able to reduce these types of fees that a customer may incur.
Charges. For each Transaction that you submit, you agree to pay E4F a service fee (the "Service Fee") plus the Transaction Amount. The service fee may be zero in certain instances. Additional charges may apply. Payment is due at the time your transaction is submitted for processing. Exchange4free accepts payment in the currency shown to you on your transaction deal ticket. This currency is clearly made available to each client before you complete the transaction. If you submit a transaction that results in E4F being charged with NSF (not sufficient funds) fees, chargeback fees, or other similar fees, you agree to reimburse E4F for all such fees. In some instances, for Transactions funded from the Sender's bank account, you agree that E4F may charge your bank account for less than the amount of the transfer (i.e., for a transfer of £300, E4F may debit the bank account for £299.98), as part of our effort to confirm ownership of the account.
Payment. You will pay funds to E4F via (EFT) electronic funds transfer or telephone banking. In order for E4F to collect payment from you should it be required, you authorize E4F to access, charge, or debit funds from any of the payment instruments you provide to us in connection with your use of the Service (each, a "Payment Instrument" including, for example, your credit card, debit card or bank account). If your payment fails or is insufficient, you authorize us to re-try one or more times using the same or a different Payment Instrument. For example, if there are insufficient funds in your bank account at the time you submit your Transaction, we may try to debit your bank account or charge your credit card at a later time. You represent and warrant that you are the lawful owner of your Payment Instrument(s).
Other Charges. Exchange4free is not responsible for any fees or charges that may be imposed by the financial institutions associated with your Payment Instruments. For example (without limitation), some credit card issuers may treat the use of your credit card to use the Service as a "cash advance" rather than a purchase transaction, and may impose additional fees and interest rates for the transaction. Exchange4free is not responsible for any insufficient funds charges, NSF fees, chargeback fees, or other, similar charges that might be imposed on you by your bank, credit card issuer, or other provider.
Foreign Currencies. Exchange4free and its Service Providers (defined below) usually make money when you pay for a Transaction in one currency, and the Transaction is paid out in another, based on the difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. You agree that, when you send a Transaction to a Recipient's bank account, that the bank account is denominated in the same currency as the Transaction.
Scheduled Money Transfers. By utilizing E4F’s scheduled money transfers product, you authorize E4F to submit transactions on your behalf, in accordance with your instructions. You understand that E4F will continue to process recurring transactions until you instruct us to stop. So long as you cancel the transaction prior to 11:59:59 PM (GMT Time) on the day before the transaction is scheduled for processing, we will cancel the transaction, and your funding source will not be debited. For transactions that involve exchanges of foreign currency, you understand that E4F may be unable to predict the foreign exchange rate on the date of the transaction, and you agree that we may apply whatever rate is in effect on the transaction date.
Service Providers. We work with local banks, money exchange houses, and other third party service providers (each, a "Service Provider") to pay funds out to Recipients. You, in your capacity as a Sender, hereby appoint your Recipient as your agent for the purpose of receiving funds in connection with the Service. We attempt to provide up-to-date information on our website regarding the location, availability, and hours of our Service Providers. However, you agree that Exchange4free is not responsible for any inaccurate or incomplete information that may be posted on the site.
Verification. Recipients may be required to prove their identity before receiving funds by presenting valid, unexpired identification papers from a list of acceptable forms of identification. In addition, Recipients may be required to provide a Transaction tracking number, a personal identification number (or PIN), a "password", a "secret word", and/or another, similar identifier associated with their Transaction. You give Exchange4free permission to store all such data, as necessary to provide the Service.
General. We may, at any time and in our sole discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregated basis. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in Exchange4free's sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.
Delays. Your Transaction may be delayed or cancelled in the course of our efforts to verify your identity, validate your Transaction instructions and Payment Instruments, contact and locate you, and otherwise comply with applicable law. Business hours and currency availability may also play a role. Nevertheless, you may be entitled to a refund in certain circumstances, as described herein.
Commercial Transactions. You should not use the Service to send money except to people that you know personally or through valid business dealings. We are not responsible for, the quality, safety, legality, or delivery of goods or services that you pay third parties for using the Service. You acknowledge that any use of the Service to pay for such goods and services is at your own risk. If Exchange4free discovers you are using the Service to purchase goods or services, we reserve the right to cancel your transaction(s).
Unauthorized Transactions. You may not use the Service in violation of this User Agreement or applicable laws, rules or regulations. It is a violation of the User Agreement to use the Service for any of the following activities (without limitation): sexually-oriented materials or services, gambling activities, fraud, money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances; or to send money to a Recipient that has violated the User Agreement. If you use the Service in connection with illegal conduct, E4F reserves the right to report you to the appropriate law enforcement agency or agencies.
Ineligibility. Not all Payment Instruments are available to all customers at all times. We may, in our sole discretion, refuse Transactions funded from certain Payment Instruments. We may, at our sole discretion, refuse Transactions from certain Senders and to certain Recipients, including without limitation, entities and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as may be issued from time to time by the UK Treasury and other government agencies.
Others. You may not submit or receive a Transaction on behalf of any other person. If you intend to submit or receive a transaction on behalf of a business or other non-human entity, you must inform Exchange4free of your desire to do so. You agree to provide E4F with additional information about any such entity, as requested by Exchange4free.
No Changes. We generally do not let you change the details of your Transaction once it's submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate.
Restricted Activities. In connection with your use of our website or the Service, or in the course of your interactions with Exchange4free, a user or a third party, you will not:
- Breach this User Agreement, or any other agreement such as the terms and conditions between you and Exchange4free;
- Open more than one account, without our prior written permission;
- Provide false, inaccurate, or misleading information;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
- Use an anonymizing proxy;
- Provide yourself a cash advance from your credit card (or help others to do so);
- Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission.
COLLECTION OF INFORMATION
Verifying information. You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your email address or financial instruments, verifying your information against third party databases, or through other sources.
General. Please let us know if you have any problems with the Service. You can contact us using the contact information at the bottom of this User Agreement.
Refunds. In general, E4F do not provide refunds unless we did something wrong, to be decided by the directors of Exchange4free. E4F will consider your written request for a refund (submitted by email, fax, or Royal mail using the contact information at the bottom of this User Agreement) if you provide the Sender's full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request.
If we do provide you a refund, we will only refund the Transaction Amount if the Transaction was not paid out to the Recipient (in which case we will also cancel your pending Transaction); otherwise, we will only refund the Service Fee. Refunds will be credited to the same Payment Instrument used to pay for the Transaction. Refund amounts will not be adjusted to account for changes in the value of the U.S. dollar or foreign currency from the time your Transaction was submitted.
EXCHANGE4FREE'S INTELLECTUAL PROPERTY
You acknowledge that the Service, including but not limited to the content of this website, text, graphics, links, buttons, logos, and images, as well as all other E4F copyrights, trademarks, service marks, logos, and product and service names are owned exclusively by Exchange4free (the "Exchange4free Intellectual Property"). You agree not to display, use, copy, or modify the Exchange4free Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Service; (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof); or (iii) infringe Exchange4free's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is largely dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from country to country. Notwithstanding the foregoing, you may have a right to a refund as expressly described herein.
You agree to indemnify and hold Exchange4free, Service Providers, and their respective subsidiaries, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the User Agreement, or your violation of any rights of another.
LIMITATION OF LIABILITY
In any event, E4F shall not be liable for any direct, indirect or consequential loss or damage as a result of any Trade, whether the loss, damage, expense or cost incurred was due to the negligence or delay of E4F or otherwise. E4F shall not be liable for any loss incurred as a result of any reasonable delay in the onward transmission of any monies to the client if that delay could not be reasonably avoided by E4F. E4F shall not be liable for the acts or omissions of any third parties upon whom it relies to complete Trades.
In setting out its responsibilities and any liability expressed hereunder, E4F does not attempt to limit or exclude its liability for death or personal injury resulting from its negligence or for any damage or liability incurred by the client (or any third party) as a result of fraud or fraudulent misrepresentation by E4F. E4F shall not be liable for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goodwill, loss of contract, loss of use, loss or corruption of data or information or any special, direct, indirect or consequential or pure economic loss, costs, damages, charges or expenses. In any event, save as expressly set out above, E4F's total liability in contract, tort (including negligence or breach of statutory duty) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of a Trade, shall be limited to the sums paid or payable by the client for that particular Trade or the sum of £25,000 whichever is the lesser sum.
DISPUTE RESOLUTION AND GOVERNING LAW
Governing Law. This User Agreement shall be governed according to the laws of the United Kingdom, and all activities performed in connection with the Service shall be deemed to have been performed in the United Kingdom. Any controversy, dispute, or claim arising out of or relating to the Service or User Agreement (a "Claim") shall be governed by and construed in accordance with the laws of the United Kingdom, except that body of law governing conflicts of law.
Arbitration. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than £10,000.00 GBP, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Forum for Disputes. Except as otherwise agreed by the parties or as described in section 12(c) above, you agree that any claim or dispute you may have against Exchange4free must be resolved by a court located in the United Kingdom. You agree to submit to the personal jurisdiction of the courts located within the United Kingdom for the purpose of litigating all such claims or disputes.
Improperly Filed Litigation. All claims you bring against Exchange4free must be resolved in accordance with section 12 of this Agreement. All claims filed or brought contrary to section 12 shall be considered improperly filed, and a breach of this Agreement. Should you file a claim contrary to section 12, Exchange4free may recover attorneys' fees and costs (including in-house attorneys and paralegals) up to £1,000.00 GBP, provided that Exchange4free has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
You acknowledge that this User Agreement shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means: (i) this User Agreement and any amendments, modifications or supplements to it; (ii) your records of transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by English Law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; (v) any other communication related to the Service or Exchange4free.
The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of this User Agreement.
In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.0 or above or Internet Explorer version 4.0 or above, (ii) an e-mail account and e-mail software capable of interfacing with exchange4free's e-mail servers, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing, (iv) sufficient electronic storage capacity on your computer's hard drive or other data storage unit, (v) a printer that is capable of printing from your browser and e-mail software. In addition, you must promptly update us with any change in your email address by updating your profile at the Exchange4free website www.exchange4free.com.
Entire Agreement. The User Agreement together with the Term and Conditions Agreement constitutes the entire agreement between you and Exchange4free and governs your use of the Service, superseding any prior agreements between you and Exchange4free.
No Waiver. The failure of Exchange4free to exercise or enforce any right or provision of the User Agreement or the Terms and Conditions agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give appropriately valid effect to the intention of the User Agreement as reflected in the provision, and the other provisions of the User Agreement shall remain in full force and effect.
Modification. We may modify this User Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the User Agreement at any time by reviewing this website. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this User Agreement and acknowledge that any attempts by you to modify this User Agreement shall be void.
Language. In the event there is any inconsistency between the English or other language text on this website, including the User Agreement, the English text shall be binding.
Exchange4free is does its utmost to protect its clients from being the victim of fraud. We can only do this where a client provides us with all relevant information in order to affect a transfer. Please ensure you have read through the Exchange4free Fraud Warning and are fully comfortable that you are paying an individual whom you know personally and that the reason for the transaction is a legitimate one. The abovementioned policy provides scenarios where a client should be extra vigilant before making payment. If you have any concerns about your beneficiary or the reason for the transaction do not continue without verifying their credentials.
Questions, notifications, and requests for refunds or further information can be sent to Exchange4free, as follows; by telephone at 0207 858 1039 (outside the United Kingdom), call +44 207 858 1039; by fax at 0845 652 1023; or by mail at Exchange4free, attn: Customer Service, 74 Oldfield Road, Hampton, Middlesex, United Kingdom, TW12 2HR.