CurrencyFair Consumer Money Transfer Agreement
This CurrencyFair Consumer Money Transfer Agreement (“Money Transfer Agreement”) is a legal agreement between you or an entity that you are representing (“you,” “your”) and CurrencyFair Ltd, a [___] corporation (”CurrencyFair,” “we,” “our” or “us”). This Money Transfer Agreement governs your use of the technology, services and functionality that we make available to you to allow you to send money overseas at great exchange rates with no hidden fees (the “Money Transfer Services”). The Money Transfer Services are available at https://www.currencyfair.com/.
This Money Transfer Agreement is subject to the Terms and Conditions agreement available here (the “Agreement”) and is incorporated into and made a part of the Agreement. In the event of any conflict between this Money Transfer Agreement and the Agreement, this Money Transfer Agreement will prevail to the extent expressly provided in this Money Transfer Agreement, otherwise the Agreement will prevail. The Money Transfer Services are included in, and are a part of the Services, as defined in the Agreement.
SECTION 12 OF THE AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE, A WAIVER OF YOUR RIGHT TO FILE A LAWSUIT AND OF YOUR RIGHT TO A TRIAL BY JURY, AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. THESE ARE IMPORTANT RIGHTS THAT YOU CHOOSE TO WAIVE WHEN YOU ENTER INTO THIS MONEY TRANSFER AGREEMENT AND IN THE AGREEMENT. YOU MUST REVIEW SECTION 12 OF THE AGREEMENT AND AGREE TO IT BEFORE YOU USE ANY MONEY TRANSFER SERVICES.
SECTION 10 OF THE OF THE AGREEMENT INCLUDES BINDING LIMITATIONS OF LIABILITY AND VARIOUS DISCLAIMERS THAT LIMIT OUR LIABILITY AND YOUR RIGHTS IN CONNECTION WITH THIS MONEY TRANSFER AGREEMENT AND THE MONEY TRANSFER SERVICES. YOU MUST REVIEW SECTION 10 OF THE AGREEMENT AND AGREE TO IT BEFORE YOU USE ANY MONEY TRANSFER SERVICES.
You and us agree as follows:
- Definitions. Certain capitalized terms that are used in this Money Transfer Agreement are defined in this Section 1 or elsewhere in this Money Transfer Agreement. All other capitalized terms used in this Money Transfer Agreement that are not expressly defined in this Money Transfer Agreement will have the corresponding meaning ascribed in the Agreement.
- “API” means any application programming interface provided by us.
- “App” or “CurrencyFair App” means any mobile app made available by us.
- “Bank” or “CFSB” means Community Federal Savings Bank.
- “Bank Account” means any bank account that you hold at a financial institution licensed to operate in the corresponding jurisdiction.
- “Business Day” means any day when financial institutions are open for business in the United States, but excluding Saturday, Sunday, and public holidays in the United States.
- “CurrencyFair Account” means an account offered by us to you as part of the Money Transfer Services with certain features, including the ability to hold prepaid money for you and to manage your access to the Money Transfer Services. You may open and manage your CurrencyFair Account through the Website or through the App. Your CurrencyFair Account will also be considered to be an “Account” under the Agreement.
- “Currency Conversion” means a conversion of funds from a currency to another currency.
- “Source Currency” means the currency which you use to fund a Currency Conversion.
- “Target Currency” means the currency into which a Source Currency is converted as part of a Currency Conversion.
- “Transaction” means a Transfer and/or a Currency Conversion.
- “Transfer” means using your CurrencyFair Account to transfer currency to another party or between two Bank Accounts that you hold.
- “Unauthorized Transaction” means any transaction through which money is sent from your CurrencyFair Account that you did not authorize and that did not benefit you.
- “Vendor” means any vendor or other third party affiliated with us that works for us or with us to provide the Money Transfer Services to you.
- Your CurrencyFair Account.
Opening a CurrencyFair Account
In order to use some or all of the Money Transfer Services, you must first open a CurrencyFair Account by providing certain information. For legal reasons, all information you provide during the signup process or any time thereafter must be complete, accurate and truthful. You are responsible for keeping your mailing address, email address, telephone number, and other contact information up-to-date in your CurrencyFair Account profile. We may refuse to provide or may discontinue providing the Money Transfer Services to any person or entity at any time for any reason.We treat all activities conducted under your CurrencyFair Account to be your activities. You must only use the Money Transfer Services to transact for yourself, and not on behalf of any other person or entity. You may only open one CurrencyFair Account unless we explicitly approve the opening of additional accounts. We may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, we may close or merge these duplicate accounts without notification to you.Eligibility and Registration.
In order to use the Money Transfer Services, you must first apply to us to obtain a CurrencyFair Account. As part of your registration and use of the Service, you represent and warrant that: Verification.
You (i) have the full authority to bind the entity to this Money Transfer Agreement, (ii) have read and understood this Money Transfer Agreement; and (iii) agree to this Money Transfer Agreement (and including the Agreement, as defined above).You are located in the United States, hold a bank account in United States Dollars (USD) that will be the source of funds for transfers using the Money Transfer Services, such bank account is held in your name, and you exercise sole legal authority and control over such account; You are not an agent acting for an undisclosed principal or third-party beneficiary. You must own and have full rights to your CurrencyFair Account. You are not violating any laws or regulations by registering with us, entering into or performing any part of this Money Transfer Agreement, or by otherwise using the Money Transfer Services; You consent to having your details including confidential personal information and financial information, collected by us or by our Vendors, and provided and used by us and/or our Vendors to provide the Money Transfer Services to you. You are fully aware that the Money Transfer Services are operated by us or Vendors at the Bank’s direction and subject to the Bank’s rules and procedures and that for purposes of the Money Transfer Services, we and our Vendors are operating as a service provider to Bank. All information provided by you as part of your registration and use of the Money Transfer Services is accurate and complete, and you undertake to promptly notify us of any changes to such information; and You will ensure that your contact details provided at registration remain accurate and up to date. We will use those contact details to contact you wherever required under this Money Transfer Agreement or in connection with the Money Transfer Services. You may update your contact details at any time by logging into your CurrencyFair Account.
To help the government fight the funding of terrorism and money laundering activities, Federal law requires us and the Bank to obtain, verify and record information that identifies each person to whom we provide certain types of services. To register for the Money Transfer Services and obtain a CurrencyFair Account, we will require you to provide your name, physical address, unexpired U.S. government issued photo identification, U.S. passport, U.S.-based driver’s license, other U.S. government issued photo identification, U.S. Taxpayer Identification number, date of birth, phone number, and email address, and/or other information that will allow us to identify you (the "KYC Information"). We, the Vendors, and/or the Bank may also contact you with additional questions and periodically ask you to re-confirm these details.We reserve the right to deny, close, suspend, or limit access to your CurrencyFair Account and/or the Money Transfer Services if we are unable to obtain or verify this information.Account Security.
You are responsible (not us) for maintaining adequate security and control of any and all usernames, user IDs, passwords, or any other details that you use to access your CurrencyFair Account and the Money Transfer Services. You must never disclose your CurrencyFair Account password or your customer reference number. Keep them safe. Change your password regularly. We will never ask you to provide your password to us or to a third party. You must tell us if anyone asks for your password, and contact our customer support team (“Customer Support”) if you are not sure about this, or any other security-related aspect of your CurrencyFair Account. You must never let anyone access your CurrencyFair Account or watch you accessing your CurrencyFair Account.If you suspect your CurrencyFair Account, login details, password or any other security features are stolen, lost, used without authorization or otherwise compromised, you must immediately change your password. Contact our Customer Support immediately at firstname.lastname@example.org you believe your credentials have been compromised or you are suspicious about the security of your password or any other security features. The compromise of your credentials could enable thieves to access your bank account and attempt transactions not authorized by you. In addition, contact us at once if your transaction history for your CurrencyFair Account shows transactions that you did not initiate. We rely on you to regularly check the transactions history of your CurrencyFair Account and to contact Customer Support immediately in case you have any questions or concerns.We may (but are not obligated to) suspend your CurrencyFair Account or otherwise restrict its functionality if we have concerns about the security of your CurrencyFair Account or any of its security features; or potential unauthorized or fraudulent use of your CurrencyFair Account or any of its security features. You must make sure that your e-mail account(s) are secure and only accessible by you, as your e-mail address may be used to reset passwords or to communicate with you about the security of your CurrencyFair Account. You must notify our Customer Support immediately if your email address becomes compromised. Never use any functionality that allows login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded. Additional CurrencyFair Services that you use may have additional security requirements, as notified to you by us, and you must familiarize yourself with those requirements.Customer Support.
For urgent customer support issues, please contact our Customer Support team at email@example.com. Examples of such urgent issues include if you believe that your CurrencyFair Account was compromised, or if you made a mistake in initiating a Transaction and you would like us to try to cancel the Transfer.For non-urgent customer support issues, and for any complaints or concerns that you may have with respect to the Money Transfer Services and/or your CurrencyFair Account please contact our Customer Support team following the instructions at https://www.currencyfair.com/trust/complaints-procedure
- Funding Your Account and Payment Methods.
Funding your Account.You may deposit money in supported currencies into your CurrencyFair Account in order to (i) Transfer money ((ii) conduct a Currency Conversion, or (iii) add money to your CurrencyFair Account for use in a future Transaction. Currencies supported are listed on our Website.
We only accept payment for your transfer via ACH Pull Direct Debit, or, if you choose to initiate the transfer of funds from your Bank Account, an ACH Push or domestic Wire Transfer. Except as expressly specified in this Section 3, no other payment methods are accepted, including cash, mailed check, or electronic check.For legal, security, or other reasons established by us from time to time, there may be financial limits for particular payment methods or currencies that you are allowed to use to fund your CurrencyFair Account, or for how much you can upload into your CurrencyFair Account.When you deposit money into your CurrencyFair Account using a method that we support, the money will appear in your CurrencyFair Account. You must check the incoming funds in your CurrencyFair Account against your own records regularly and you must let us know immediately if there are any irregularities.When you deposit funds into your CurrencyFair Account, you can accept them as-is and maintain a balance in your CurrencyFair Account in that currency, or accept the funds and then convert them to another currency through a Currency Conversion.We will credit your CurrencyFair Account once we have received your money, and we are not responsible for the money you have deposited until we have received it. For some particular methods that you are permitted to use to fund your CurrencyFair Account, we will credit the money to your CurrencyFair Account as soon as possible subject to our right of reversal. This means if the actual amount you intended to deposit does not reach us within a reasonable time, we may deduct such amount from your CurrencyFair Account.We reserve the right to add payment methods that you are allowed to use to fund your CurrencyFair Account without prior notice to you. We also reserve the right to remove or change payment methods that you are allowed to use to fund your CurrencyFair Account, in which case we will notify you in accordance with the Agreement at least thirty (30) days prior to such removal or change. Payment by ACH Pull Direct Debit
If you choose to fund your CurrencyFair Account using our ACH Pull direct debit feature in preparation for initiating a Transfer from your CurrencyFair Account, you will need to provide details regarding a bank account that you hold at a financial institution licensed to operate in the United States (“Bank Account”) and that holds the respective funds. The details needed to fund your CurrencyFair Account using our ACH Pull direct debit feature include your Bank Account number and routing number. For clarification, this Money Transfer Agreement requires you to hold at least one bank account in the United States, but you may choose to hold any number of additional bank accounts, whether inside or outside the United States, and this Money Transfer Agreement permits you to conduct Transactions with each such bank account, provided that you own and control each such bank account. Each bank account that you hold in the United States or outside the Uniteds States and that you use in connection with Transactions will also be considered to be a “Bank Account” under this Money Transfer Agreement.When you choose to fund your CurrencyFair Account using our ACH Pull direct debit feature and provide your Bank Account details, you represent that your Bank Account payment details are correct, that you are authorized to access and transmit funds from your Bank Account, that your Bank Account is in good standing with the account-holding financial institution, and that you have the authority to initiate an electronic funds transfer in the amount at issue to or from your Bank Account.When you choose to pay for your transfer using our ACH Pull direct debit feature and by providing your Bank Account details and requesting a Transfer, you authorize us to initiate electronic credits and debits to your Bank Account through the automated clearinghouse (ACH) network in order to process the requested Transaction, including any applicable fees and charges.Your authorization shall remain in effect for any Transfer that you have authorized while a registered user with the Service unless canceled in accordance with this Agreement.Payment by Wire or ACH Push.
If you choose to fund your CurrencyFair Account using our ACH Push or domestic wire feature in anticipation of initiating a Transfer, then your Transfer order will remain inactive until we receive your funds (the “Deposit Payment”) into your CurrencyFair Account.Deposit Payments must be made into your CurrencyFair Account via ACH Push or domestic wire transfer. If for any reason your Transfer is cancelled or refused, then we will promptly return the respective funds to your CurrencyFair Account. In the event that we are unable to return the deposit, then we will promptly contact you using the most current contact information provided to us by you through the Money Transfer Services.
- Holding A Balance in your CurrencyFair Account. We are not a bank and your CurrencyFair Account is not a bank account. The specified bank account details that we provide to you in order for you to receive funds from third parties are for accounts held by us, our Vendors, or the Bank. The CurrencyFair Account is not a bank account held by you. Value held as a balance in your CurrencyFair Account represents an unsecured claim against us and is not insured by the Federal Deposit Insurance Corporation (FDIC) or any other deposit protection scheme. For clarification, your CurrencyFair Account is not a bank account held by you at the Bank.
- Managing Your Money in Multiple Currencies. Your CurrencyFair Account balance may be held in certain currencies supported by us from time to time. You may hold a balance in more than one of these currencies at the same time. You are responsible for all risks associated with maintaining a CurrencyFair Account balance in multiple currencies. You are not allowed to manage multiple currencies for speculative trading purposes.
- Transferring Money from your CurrencyFair Account.
You may Transfer currency you have uploaded from your CurrencyFair Account by:
Sending currency to your own Bank Account;Sending currency to a third party’s bank account.The specific methods that you can use to conduct Transfers will depend on a number of factors including where you live and your verification status with us. We cannot guarantee the use of any particular Transfer method and may change or stop offering a Transfer method at any time without notice to you, but we will ensure that you will have at least one Transfer method available to you unless prohibited by applicable law.When you Transfer money, we will charge you a fee. We will let you know the exact amount of the fee charged by us when you submit your request. We are not responsible for any fees charged by your bank in connection with your Bank Account, any fees charged by the bank of a third party receiving a Transfer from you, or any fees charged by any other third parties that are not working with us to provide the Money Transfer Services to you.When Transferring money from your CurrencyFair Account, you must ensure that the information you provide is correct and complete. We will not be responsible for money sent to the wrong recipient as a result of incorrect information provided by you. If you have provided wrong information to us, you may ask us to assist you in recovering the money, but we cannot guarantee that such efforts will be successful.Each Transfer request is given a unique transfer number which is shown in the transaction history in your CurrencyFair Account. You should quote this Transfer number when communicating with us about a particular Transfer.
- Limits on Transfers
You acknowledge and agree that your CurrencyFair Account is subject to Transfer limits. If your Transfer request exceeds the current limit, we may decline your request and require you to provide additional documents to us so that we could carry out additional checks or impose additional obligations before allowing the money to be transferred out.We may limit the amount of your Transfer order consistent with our obligations under applicable law and at our discretion. If your Transfer order is received by us after 5:00 PM EST on a Business Day or not on a Business Day, your Transfer order will be deemed received on the following Business Day.Any specific limits applicable to Transfers from your CurrencyFair Account are specified on our Website. Please review those limits and ensure that your Transfer orders are consistent with those limits.We reserve the right to impose additional requirements or verification steps for Transactions involving higher currency amounts.
- Delay in Transfer and Settlement
We do not have any control over the time it may take for your bank to process any funds that you send to your Bank Account via a Transfer, and to make available such funds to you for use in your Bank Account. Similarly, we do not have any control over the time it may take for the bank of any other party that receives funds from you through a Transfer to process and make available such funds to the third party. The completion time of your Transfer (i.e., the date on which funds will be available to the bank of the recipient) is notified to you on your confirmation when you complete the setup of your Transfer order.
- Currency Conversion.
Our Services include the ability to convert currencies, for example:
As part of a Transfer;In your CurrencyFair Account, you may transfer funds in one currency and later use that balance to send money to a third party in another currency;In your CurrencyFair Account, may convert a currency balance into a different currency balance.A conversion fee will apply when we perform a currency conversion. There may be limits as to which currencies you can place these orders. We will only process your currency conversion order if we hold or have received the relevant funds and the fees. It is your responsibility to send us the money to fund a currency conversion order (whether in your CurrencyFair Account or as part of a Transfer) in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your bank or payment service provider. We reserve the right in our sole discretion to refuse any currency conversion order. Reasons for refusal may include but are not limited to an inability to match your CurrencyFair Account information with your Bank Account details, incorrect information about the recipient, or insufficient available funds. We generally will attempt to notify you of any refusal, using the contact information provided as part of your registration, stating (where possible) the reasons for such refusal and explaining how to correct any errors. However, we will not notify you if such notification would be unlawful or otherwise not permitted by a governmental authority.Once we have received your currency conversion order, we will send you a confirmation by email that we have received it. Each currency conversion order is given a unique transaction number which is shown in the transaction history on your CurrencyFair Account. You should quote this transaction number when communicating with us about a particular currency conversion order.
- When will I be notified of my next scheduled transfers. If you have scheduled a transfer in advance then we will notify you 24 hours before your upcoming transfer, setting out the total fees and the estimated ‘live’ exchange rate for that transfer. By scheduling a transfer, you agree that we have the right to send the funds using the live exchange rate at any time on the scheduled date.
- Exchange rates used to convert currency. When you place a currency conversion order (whether in your CurrencyFair Account or as part of a Transfer), we will let you know the exchange rate.
- Cancellation of a Transaction Order
You have the right to cancel a Transaction order, provided that such cancelation may not be successful if the Transaction was already completed or cannot be undone (see below for more details). If the cancelation of the Transaction is successful we will refund to you any fees that you paid to us for that Transaction.Transaction orders must be cancelled from the Website or from the App. If you cannot cancel from the Website or from the App, you can contact our Customer Support team as described in Section 2(e) above. If you contact us to cancel, you must provide us with information to help us identify the Transaction order that you wish to cancel, including (i) your name, address and telephone number; (ii) the name of the person receiving the funds; (iii) the dollar amount of the order; and (iv) the intended destination location.We will issue a refund within five (5) Business Days of your request, provided that we were able to cancel your Transfer and the funds have not been picked up by the designated recipient prior to our receipt of your request for a refund. For the avoidance of doubt, you may not cancel an order under any circumstances if the funds have been disbursed or deposited to the recipient. If a Currency Conversion was performed as part of, or in connection with a Transfer, and if we are successful in cancelling the Transfer in response to your cancelation request, the Currency Conversion will not be reversed. Please note that due to the speed with which Transfers are conducted (including electronic payment transactions once a Transfer is initiated), we cannot guarantee that any particular Transfer can be cancelled once it was initiated, and you assume the risk when you initiate a Transfer that it may not be cancelled despite our attempts to cancel it later.
The fees for Transfers and/or Currency Conversions (“Fees”) will be disclosed to you when you place an order and prior to your confirming the transaction, or are otherwise available on our Website. You agree to pay and will pay the relevant Fees for each Transaction using your chosen payment method. The Fees will be charged at the time when we conduct a Transaction for you or as otherwise disclosed by us to you. Our fee does not include any fees that your bank or the recipient’s bank may charge. Those fees may be deducted from money you upload into your CurrencyFair Account. We will not process your payment order until we have received the applicable Fees from you.You are solely responsible for any taxes which may be applicable to payments you make or receive, and it is your responsibility to collect, report and pay the correct tax to the appropriate tax authority. Administrative fees. The Bank may charge certain administrative fees in connection with Transactions and/or the use of the Money Transfer Services. We will pass through such fees to you without a markup, and you will pay such fees to us. We will subsequently remit such fees to the Bank.We have the right to charge you certain inactivity fees (“Inactivity Fees”) if you do not perform any Transactions through your CurrencyFair Account for a certain period of time. The Inactivity Fees and applicable time periods of inactivity will be disclosed to you on our Website. We reserve the right to remove or decrease any Inactivity Fee without prior notice to you. We also reserve the right to add or increase any Inactivity Fee, in which case we will provide to you written notice in accordance with the Agreement at least thirty (30) days in advance.
- CurrencyFair Account Statements and Requesting Account Records in Writing.
Account Statements. You have the right to receive an account statement showing your CurrencyFair Account activity. You may view your CurrencyFair Account statement by logging into your CurrencyFair Account. All of your CurrencyFair Account transactions (including your balance, uploaded money, and money you have received, converted, sent), including related Fees and exchange rates, if applicable, are recorded in the statement section of your CurrencyFair Account.
Closing Your CurrencyFair Account
You can close your CurrencyFair Account. You may terminate this Money Transfer Agreement and close your CurrencyFair Account at any time by contacting our Customer Support team following the process described in Section 2(e) above. At the time of closure of your CurrencyFair Account, if you still have money in your CurrencyFair Account, you must transfer your money prior closing your CurrencyFair Account. You are not allowed to close your CurrencyFair Account to avoid an investigation or to otherwise destroy evidence in an investigation initiated by a governmental entity or by us. If you attempt to close your CurrencyFair Account during an investigation, we have the right hold your funds until the investigation is fully completed. You agree that you will continue to be responsible for all obligations under this Money Transfer Agreement and the Agreement related to your CurrencyFair Account while it is suspended and even after it is closed.CurrencyFair can close your CurrencyFair Account. CurrencyFair, in its sole discretion, reserves the right to suspend or terminate this Money Transfer Agreement and/or your CurrencyFair Account for any or no reason and at any time, upon notice to you. We reserve the right to not provide to you prior notice if we suspend or terminate your Money Transfer Agreement and/or your CurrencyFair Account for cause (e.g., because you breached or we reasonably believe that you are breaching this Money Transfer Agreement or the Agreement), or in response to an actual or suspected threat or for other urgent reason (e.g., to address an actual or suspected security breach of the Money Transfer Services or of your CurrencyFair Account, if a regulatory agency requires us to do so, etc.). Otherwise, we will give you at least thirty (30) days prior notice in accordance with the Agreement if we intend suspend or terminate your Money Transfer Agreement and/or your CurrencyFair Account.
Reasons for which we have the right to close your CurrencyFair Account without prior notice include the following:We also have the right to suspend or terminate your CurrencyFair Account without prior notice if it has been compromised or for other security reasons, or has been used or is being used without your authorization or fraudulently. If we close your CurrencyFair Account or terminate your use of the Money Transfer Services for any reason, we’ll provide you with notice of our actions and make any unrestricted prepaid money held in your CurrencyFair Account available for transfer out. You are responsible for all reversals, chargebacks, fees, fines, penalties and other liability incurred by us, any other CurrencyFair customer, or a third party, caused by or arising out of your breach of this the Money Transfer Agreement, and/or your use or the use of your authorized third parties of the Money Transfer Services. You agree to reimburse us, any CurrencyFair customer, or a third party for any and all such liability. Upon termination of this Money Transfer Agreement for any reason, all rights granted to you in connection with the CurrencyFair App will cease, and you must immediately stop using the CurrencyFair App and remove (or deactivate if removal is not technically possible) the CurrencyFair App from all of your devices.
your breach of any provision of this Money Transfer Agreement or documents referred to in this Money Transfer Agreement;we are requested or directed to do so by any competent court of law, government authority or agency, or law enforcement agency;we have reason to believe you are in violation or breach of any applicable law or regulation; orwe have reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.
- Unlawful and Other Impermissible Use. You will not use the Money Transfer Services for any unlawful activity, and we reserve the right to investigate any suspicious activity or in response to any complaints or reported violations. When investigating any such activity, we reserve the right to institute a hold on your account or your funds, to report suspected unlawful activity to any appropriate regulatory or similar authority or person and to provide such authority or person any relevant information, including personal data. For example, you will not use the Money Transfer Services in connection with:
activities that violate local, state, or federal laws;the creation, facilitation, sale or distribution of any prohibited or illegal good or service or an activity that requires a governmental license where the customer lacks such a license;the creation, facilitation, sale or distribution of marijuana or marijuana paraphernalia, regardless of whether or not such sale is lawful in the jurisdiction in which customer operates, or your jurisdiction;the creation, facilitation, sale or distribution of any material that promotes violence or hatred;the creation, facilitation, sale or distribution of adult content, including, but not limited to, online dating or marriage services, pornographic services and goods, adult entertainment related activities, or escort services;the creation, facilitation, sale or distribution of goods or services that violate the intellectual property rights of a third party;the facilitation, sale or distribution of firearms or other weapons, military or semi-military goods,military software or technologies;the sale of stocks and other security interests;the sale, distribution or exchange of digital assets, including cryptocurrencies, utility coins, or initial coin offerings (ICOs);any gambling, casinos, internet gambling, or card rooms.any regulated financial services, including online payday lenders;any foreign offshore shell companies; andoutbound telemarketing.
- Unauthorized Transactions. You are solely responsible for any Unauthorized Transactions that may be conducted through your CurrencyFair Account. We reserve the right to try to undo or otherwise recover any funds that you lost through any Unauthorized Transaction, but we do not have an obligation to do so, and we will have no liability for any losses or liability that you incur as a result of any Unauthorized Transaction.
- Compliance with Office of Foreign Assets Control (“OFAC”) and Other Sanctions. All U.S. persons, including U.S. banks, bank holding companies, and non-bank subsidiaries, must comply with OFAC’s regulations. This means that we may institute a hold on your account or your funds, if you are a Specially Designated National, fall into the scope of a country-based sanction program or within other applicable sanctions programs (including non-US sanctions programs).
- Specific Provisions Applicable in Certain States
Customers in California and Washington
You have the right to cancel a Transfer order for personal or business purposes and obtain a full refund of all funds paid to us, including any fees in connection with that order, up until the Transfer has been completed in accordance with your instructions.Transfer orders must be cancelled from the website or application. If you cannot cancel from the website or application, you can cancel by contacting our Customer Support team following the process in Section 2(e) above. If you contact us to cancel, you must provide us with information to help us identify the Transfer order that you wish to cancel, including (i) your name, address and telephone number; (ii) the name of the person receiving the funds; (iii) the dollar amount of the order; and (iv) the intended destination location.We will issue a refund for the cancelled Transfer within five (5) Business Days of your request, provided that the funds have not been picked up by the designated recipient prior to our receipt of your request for a refund. For the avoidance of doubt, you may not cancel an order under any circumstances if the funds have been disbursed or deposited to the recipient.Please note that due to the speed with which Transfers are conducted (including electronic payment transactions once a Transfer is initiated), we cannot guarantee that any particular Transfer can be cancelled once it was initiated, and you assume the risk when you initiate a Transfer that it may not be cancelled despite our attempts to cancel it later.
- Limitation of Liability and Disclaimers. The Money Transfer Services, your CurrencyFair Account, and all activities that you and us conduct under this Money Transfer Agreement are subject to Section 10 of the Agreement, including the limitations of liability and disclaimers that limit our liability and your rights set forth in Section 10 of the Agreement. You must review Section 10 of the Agreement before you choose to use any Money Transfer Services under this Money Transfer Agreement.