Legal Documents And Disclaimers

Legal Documents And Disclaimers

We've assembled all our important legal documents here for your convenience.

Legal Requirements

Hong Kong Terms and Conditions

This website (the “Website”) is operated and owned by CurrencyFair Limited (a company incorporated in Ireland with company registration number 469391) on behalf of CurrencyFair Limited, Hong Kong Branch (a company incorporated in Hong Kong with company registration number 1662046) (together, “CurrencyFair”). Please read the following terms and conditions before using this Website. By using this Website you acknowledge that you have read, understood and agree to be bound by these terms and conditions. CurrencyFair reserves the right to change these terms and conditions at any time at its sole discretion. By using the Website you agree to be bound by revised or further terms and conditions after such changes have been published on the Website. You should therefore check these terms and conditions every time you use the Website. If you are registering on behalf of a business you hereby declare that you have the authority to bind that business to these terms and conditions.

1. Accessing the Website

1.1 You should not access or use the Website from any country where accessing or using the Website or any of the information, products or services on it is prohibited by law. The Website does not constitute any invitation or solicitation by CurrencyFair to any person to use any such information, products or services in countries where to do so is prohibited by law.

2. Restrictions on use

2.1 This Website may only be used by individuals, companies or other legal persons who have the legal capacity to enter into legally binding contracts under the law applicable in their country of residence and in Hong Kong. Without limiting the foregoing and by way of example, in Hong Kong, the information, products and services provided on the Website are not available to persons under the age of 18 or otherwise under legal age of majority or to persons of unsound mind or who are mentally handicapped within the meaning of the Mental Health Ordinance (Cap. 136 of the Laws of Hong Kong). If you lack the legal capacity to enter into a contract you may not use the information, products and services on the Website and CurrencyFair shall not be responsible for any unauthorised use of such information, products and services by you.

2.2 The content of the Website and the information, products and services made available by CurrencyFair on the Website are intended for use by holiday or business travellers or by individuals or corporations seeking to purchase currencies for personal use and legitimate and lawful purposes, and may not be used for speculation or investment or any illegitimate or unlawful purposes.

3. Changes to the website

CurrencyFair may, in its absolute discretion, make such changes to the Website content or the products and services offered by CurrencyFair through the Website as CurrencyFair considers appropriate from time to time.

4. Terminations of use

CurrencyFair may, without prior notice to you, terminate your use of the Website for any breach of these terms or conditions or for any breach of law or regulation or for any reason CurrencyFair considers appropriate in order to comply with any applicable laws and regulations (including, without limitation, anti-money laundering and other financial laws and regulations) or order of any court, government, regulatory body or authority. CurrencyFair Limited reserves the right to decline any part of your order at any time without giving any reasons therefor.

5. Intellectual Property

All intellectual property and all materials comprising or contained in the Website including but not limited to all text, articles, logos, software and images, are owned, or as the case may be licensed, except as otherwise expressly stated, by CurrencyFair. The materials contained on or comprising the Website may not be copied or redistributed for any commercial or private purposes of any kind without prior written permission from CurrencyFair. CurrencyFair grants you a revocable, non-transferable and limited personal licence to access and use the Website. This licence is conditional on your continued compliance with these terms and conditions. You agree not to “deep-link” to the Website, resell or permit access to the Website to others and you agree not to copy any materials appearing on the Website for resale to others for any other purpose without the prior written consent of CurrencyFair. For the avoidance of doubt, you will be responsible and liable for any unauthorised use of the Website made in breach of this section.

6. Links to other websites

CurrencyFair may provide links to other websites that are controlled or operated by third parties. Links to other websites are solely provided for your convenience and are not an endorsement, authorisation, sponsorship or affiliation by CurrencyFair with respect to such site, its owners or its providers and you shall not hold CurrencyFair liable for any loss or damage caused by use of or reliance on any content, goods or services available on these linked sites.

7. Accuracy of content

7.1 All content shown on the Website (and all services and products provided through it) are provided and made available without any warranties, conditions or guarantees given by CurrencyFair. All such warranties, conditions or guarantees which would otherwise be implied by law are excluded to the fullest extent permitted by law. In particular, CurrencyFair does not warrant the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any services or products available through this Website.

7.2 CurrencyFair shall use its reasonable endeavours to ensure that any data or other information contained or reproduced on the Website is obtained from sources believed to be reliable and has been prepared in good faith and with all reasonable care. CurrencyFair does not accept any responsibility to update or amend any data and information and makes no warranty concerning the completeness and exactness of such data and information. For example, daily data is not readily available for some exchange rates and therefore may be out of date. CurrencyFair shall not have any liability for the use or interpretation of such data and information. None of the data or information on the Website constitutes financial or investment advice in any way.

8. Communications with CurrencyFair

Any communications or materials of any kind that you e-mail, physically mail, telephone or otherwise transmit to CurrencyFair, including information, data, questions, comments or suggestions (“your communication”) will be treated as non-proprietary and non-confidential and CurrencyFair may use your communication in any way it thinks fit, either on the Website or elsewhere with no liability or obligation to you. CurrencyFair is free to use any idea, concept, know-how or technique contained in your communication for any purposes including but not limited to developing and marketing products. CurrencyFair may monitor your communications for the security of the Website and such monitoring will not entitle you to any cause of action or give you any right to the manner in which communications are monitored. CurrencyFair shall not be liable for any costs, damages, expenses or any other liabilities incurred as a result of CurrencyFair’s monitoring activities.

9. Liability

9.1 You agree to use the Website at your own risk.

9.2 CurrencyFair uses reasonable skill and care in providing its products and services to you. However, to the maximum extent permitted by law, CurrencyFair shall not be liable to you for any loss, damage, claim or compensation (including loss of profit or loss of use) incurred by you from your use of, or your inability to use, the Website or the products or services offered through or by the Website, however caused notwithstanding any error or omission including negligence.

9.3 CurrencyFair shall not be liable to you or any third party for any loss, damage, claim or compensation (including loss of profit or loss of use) incurred by you resulting from the failure of CurrencyFair to execute any transfer in accordance with instructions received from you.

9.4 Time shall not be of the essence for the processing of any transfer. In particular, CurrencyFair accepts no responsibility for any delay in onward payment attributable to the late arrival of your instruction for transfer relative to the cut off times of our bank.

9.5 CurrencyFair shall not be liable for any fees or commissions charged by any intermediary bank or other entity when funds are deposited in your CurrencyFair account or transferred to your personal or beneficiary account.

9.6 CurrencyFair’s maximum aggregate liability to you in respect of any foreign currency transaction undertaken by you through the Website shall be limited to a refund equivalent to the monies paid by you to CurrencyFair in respect of the relevant foreign currency transaction.

9.7 You agree that CurrencyFair shall not be responsible in any way to you or any other person in the event of force majeure or for the act of any government or legal authority.

9.8 For your protection and that of other users you agree not to share your registration information (password, User Name, security questions and PIN) with any other person or entity for any purpose. You alone are responsible for all acts or omissions that occur within the Website through the use of your registration information by other persons.

9.9 You hereby indemnify and hold harmless CurrencyFair, its directors, officers, employees and agents from and in respect of any loss, damage, liability, cost or expense that it or they may suffer or incur by reason of you failing to discharge your obligations under or acting in breach of any of these terms and conditions or any breach of any applicable law or regulation.

9.10 You shall be responsible for providing and maintaining the means by which you access the Website which may include but is not limited to a computer and a modem or telephone. You shall be responsible for all access, service and ongoing fees necessary to connect to the Website and you shall assume all risks associated with the use and storage of information on your computer or on any other computer through which you will gain access to Website and our services. You agree that CurrencyFair shall not be liable in any way to you in the event of failure of or damage or destruction to your computer system, data or records or any part thereof or for any delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software. You shall not expose the Website to any viruses, trojans or other similarly harmful or inappropriate material or device. In the event that any such viruses etc. are deemed to have been transmitted to the Website from your account, CurrencyFair reserves the right to terminate your account and you shall be liable for the cost to CurrencyFair of removing such viruses etc. and CurrencyFair shall have the right to set-off the cost against any balance held to the credit of your CurrencyFair account.

9.11 CurrencyFair shall not be liable for any viruses for other technologically harmful material that may affect your computer equipment, computer programs or other material resulting from your use of the Website.

9.12 If you have a mobile device with fingerprint authentication enabled, you will have the ability to access the CurrencyFair mobile app using your fingerprint data. If your device does not have fingerprint authentication enabled or available, you can also access the CurrencyFair mobile app via your mobile PIN or your email address and password combination. You alone are responsible for all acts or omissions that occur within the CurrencyFair mobile app through the use of your registration information, PIN or biometric data. Please note that CurrencyFair does not retain or store any biometric data.

10. Closure or suspension of the marketplace

10.1 The marketplace will be open during the periods published in the FAQs which may be updated from time to time. CurrencyFair reserves the right to open or close the marketplace earlier or later than the published times.

10.2 Upon the marketplace closing all open orders will be cancelled. Should your order be cancelled as a consequence of the marketplace closing, CurrencyFair will return the balance of your funds in the marketplace to your CurrencyFair account and send you an email informing you of such cancellation and transfer.

10.3 CurrencyFair reserves the right to suspend the marketplace at any time and for any length of time. While the marketplace is suspended you will not be able to place orders but you will be able to cancel open orders. During suspension CurrencyFair will generally not cancel any open orders without your instructions.

10.4 CurrencyFair shall not be liable to you for any loss, damage, claim or compensation (including loss of profit or loss of use) incurred by you from your inability to use the Website or the products or services offered through or by the Website during the periods in which the marketplace is closed or suspended.

11. Using the service

11.1 Please follow the steps on the Website in order to place or match an order. CurrencyFair reserves the right to ask for further information before placing or matching the order in the marketplace.

11.2 CurrencyFair shall use various procedures to authenticate each order to meet anti-money laundering requirements. CurrencyFair reserves the right to decline to continue to process any part of your proposed order at any time.

11.3 You will be able to change the details of your order any time up until the order enters matched status. After that point you will no longer be able to change the details of your order.

11.4 CurrencyFair will send you an email acknowledgement of your proposed order once it has received it but please note that this is an acknowledgement only and does not constitute acceptance of your proposed order by CurrencyFair. All orders placed are subject to matching by CurrencyFair and CurrencyFair will confirm such matching to you by sending you an email that confirms that the order has been matched. The contract between CurrencyFair and you shall only be formed once CurrencyFair sends you the confirmation email that your order has been matched. Until that time there will be no binding arrangement for CurrencyFair to supply you with any foreign currency or other services. You are recommended to print and retain a copy of the confirmation email for your records.

11.5 CurrencyFair shall be entitled at it sole discretion to refuse, withdraw or cancel your proposed or matched order at any time, for any reason, and without incurring any liability to you for any resulting loss or damages incurred by you or any other party.

11.6 Should your proposed or matched order be cancelled before being processed CurrencyFair will seek confirmation from you as to whether you wish to have the cleared balance of your CurrencyFair account transferred as per your specific instructions. In the event that a proposed or matched order is cancelled on the instructions of any law enforcement agency or regulatory body, CurrencyFair may retain all or any of your funds held by it if it is required to do so by law and then deal with it as ordered by a court or other body of competent jurisdiction.

11.7 You shall be responsible for any additional costs incurred by CurrencyFair in the event you have provided incorrect payment instructions for the purpose of transferring funds from your CurrencyFair account.

12. Deposits and Transfers of Funds

12.1 You shall not be entitled to any interest on funds held in your CurrencyFair account. CurrencyFair is not a bank.

12.2 CurrencyFair shall be entitled to deduct from any funds it holds for you, including any deposit you have paid to it in relation to any order and any amount held by it for transfer, such amounts as may be required by law or as may be charged by CurrencyFair for the purposes of opening or maintaining your account and the payment of fees or other charges owed to CurrencyFair. The current fee and charges are set out in the FAQs.

12.3 You agree and represent that all funds deposited by you in respect of any order shall be legally and beneficially owned by you in full and shall not be subject to any charge or lien or other encumbrance of any kind.

12.4 You agree, warrant and represent that no chargebacks (for example, where a transaction is reversed on your credit card) or other cancellation of deposits shall be made relating to your CurrencyFair account without our prior written consent. In the event of any of the foregoing occurring, you agree to indemnify us and hold us harmless against any and all costs, claims, damages and expenses arising out of or in connection therewith and to refund and compensate us for any losses we would otherwise incur arising from such actions including any expenses incurred by us in the process of recovering such amounts.

13. General

If any provisions of these terms and conditions including these disclaimers and limitations shall be unlawful, invalid or unenforceable then such provisions shall fall away to the extent of such unlawfulness, invalidity or unenforceability and the remaining terms shall remain in full force and effect.

14. Privacy and data protection

14.1 CurrencyFair collects information from its users which may include a user’s personal data, and retain and use such personal data in relation to the provision of its services and to comply with laws and regulations binding on it, all in accordance with its Privacy Policy.

14.2 By using the Website you consent to collection, use and disclosure of your personal data in accordance with our privacy policy you confirm that all personal data you provide is accurate. By using the Website without objecting to CurrencyFair using your personal data in direct marketing, you explicitly consent to CurrencyFair using your personal data for direct marketing purposes. You have a right to request access to and correction of your personal data as provided for in the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong).

15. Governing Law and changes to these terms and conditions

15.1 All use of the Website and these terms and conditions is governed by the laws of the Republic of Ireland.

15.2 All disputes arising out of the use of the Website and/or any services or products provided by CurrencyFair or any dispute relating to these terms and conditions shall be resolved by the Courts of the Republic of Ireland.

16. Anti-money laundering and countering the financing of terrorism

16.1 As a money remittance business, CurrencyFair is regulated by the Customs and Excise Department under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615 of the Laws of Hong Kong). CurrencyFair is obliged to comply with anti-money laundering and counter-terrorist financing (AML/CFT) requirements, including applying AML/CFT procedures aimed at detecting and preventing financial crime. Our staff is fully conversant with the AML/CFT regulations and is aware of their responsibilities in the monitoring and reporting of any actions that raise suspicion or give cause for concern.

16.2 CurrencyFair may utilise the services of a third party in order to confirm your identity as part of the registration process and in order to fulfil our obligations in respect of ongoing customer due diligence.

16.3 CurrencyFair reserves the right to collect identification information from you prior to accepting any funds deposited by you or processing your order. In general, CurrencyFair collects identification information in the form of a copy of a passport/driver’s licence and a utility bill showing your current residential address that is dated within the last three months. CurrencyFair may also use electronic means of verification subject to regulatory requirements.

16.4 You should assume, and by using the Website you consent to the possibility that all information provided to CurrencyFair by its users is made available to regulatory authorities in Hong Kong, the country of origin of the funds, and the destination country of the funds and may be made available to banks or other financial institutions who process transfers of funds.

16.5 You represent and warrant that the funds transferred to your account with CurrencyFair are not connected in any manner to money laundering, terrorism financing or any other unlawful or illegal activity.

16.6 CurrencyFair reserves the right at all times to refuse to provide services to you, or to process any proposed or matched order which it believes in its sole discretion, is being used in furtherance of any fraudulent activity, money laundering, terrorism financing or connected in any manner to any unlawful or illegal purpose. CurrencyFair is obliged to report to the relevant authorities in Hong Kong any such suspicious transactions and may not be allowed to share such reporting with the relevant user.

16.7 Banks or other financial institutions may in their sole discretion refuse to process a transaction from CurrencyFair where they deem a transaction to be outside their risk tolerance, and this may affect CurrencyFair’s own ability to provide its services to you, or to process any transaction. You agree that CurrencyFair shall not be held responsible or liable for any such refusal.

16.8 CurrencyFair is obliged by law to monitor and/or report any unusual or suspicious transactions. CurrencyFair reserves the right to review such transactions. In certain circumstances, CurrencyFair may request from you documentation to support the underlying economic rationale for a specific transaction. In the event that this review causes a delay to the deposit, trade or transfer, CurrencyFair shall not be liable for any late fees, unpaid invoices or any other costs associated with the transaction.

17. Refer a friend programme

17.1 The referral programme offers existing CurrencyFair account holders a reward for inviting new customers to register with and use the services provided by CurrencyFair. This reward may change from time to time and may also change based on promotions being run in specific regions.

17.2 If you are eligible for a reward in exchange for introducing new customers to CurrencyFair, you may share your unique referral code or link (click on ‘Like CurrencyFair?’ field on the top right hand side of the page when you’re logged in) with the referred customer.

17.3 Referral codes and links shall only be used for personal and non-commercial purposes. You can share your referral code or link by email, social media, blogs, etc. where you are the primary content owner and creator. CurrencyFair reserves the right, in its sole discretion, to revoke any rewards issued if it deems that there has been inappropriate use of the referral program.

17.4 CurrencyFair may integrate the Website with third party sites such as social media channels to allow you to import your contacts for the purposes of the referral programme. You may import your contracts via the use of the third party sites or enter the email addresses manually. In both cases, CurrencyFair will send the contacts you have selected an email invitation on your behalf. Please note that information about your contacts is retained for the sole purpose of managing the referral programme. For example, CurrencyFair may need to check if the person you are trying to invite already has registered with it.

17.5 If you import your contacts from a third party site, CurrencyFair will collect, but not store, the login credentials for the account you wish to import your contacts from. It will use this information only for the purpose of importing your contacts.

17.6 By taking part in the referral programme, you agree that CurrencyFair may, in its sole discretion, from time to time, share your first name in the promotional content for the referral programme. No other personally identifiable information will be used.

17.7 If you are eligible for free transfers from the referral programme in your region, you can check the status of free transfers on the “my account” page on the Website. If you are eligible for a cash reward, this will be credited to your CurrencyFair wallet and you can check your reward status on the ‘Transaction’s Details’ page on the Website.

17.8 You shall verify your identity with CurrencyFair before any cash rewards are paid. CurrencyFair reserves the right to withhold or cancel any referral payments. In some cases it may not be possible for CurrencyFair to provide any details in relation to such cancellations.

17.9 If you join CurrencyFair through a referral link, the referring party will know you are using CurrencyFair because of the trigger at which his reward is paid.

17.10 In the event that the referral reward changes for any reason, the reward credited to you will be the current reward applicable at the time the referred customer conducts the minimum required transfer.

18. Security Statement

The security of your funds while they are with us is our primary concern. CurrencyFair is fully regulated and holds all client funds separately in a highly-rated, global financial institution, so you can rest easy knowing that your funds are always protected.

19. Regulation

CurrencyFair Limited, Hong Kong Branch, and CurrencyFair Limited are licensed as a Money Service Operator under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Cap. 615 of the laws of Hong Kong). CurrencyFair Limited is regulated (fully authorised) by the Central Bank in Ireland under the European Communities (Payments Services) Regulations 2009 and as Payment Institution under Regulation 18 of the European Union (Payment Services) Regulations 2018 (the 'Regulations').

20. Client Funds

CurrencyFair holds all client funds in segregated client accounts held with our global banking providers. These accounts are separate from any CurrencyFair corporate accounts. Client funds are never commingled with those of CurrencyFair and we cannot use them to settle any of our own obligations.