VFX provides facilities for the purchase or sale of currencies, and the Client wishes to enter into contracts for the purchase of currency with Voltrex on the terms and conditions (the "Terms") below.Definitions:
In these Terms:
"Account" means account(s) held by us in your name, or account(s) held by us where you are one of the named account holders, which are enabled for use with the Services;
"Contract Note" means our written document setting out the details of a Transaction that will be sent to you following a Transaction;
"Transaction" means each transaction to purchase and send currency;
"Security Code(s)" means the security codes you will use when you access the Services, such as your Online Banking User ID and Password;
"Working Day" means a day when the clearing banks in the City of London are open for business, excluding Saturday, Sunday and public holidays;
"Our Website" means the website https://www.equitydirectafrica.com/.
We will deal with you on these Terms of Business and any additional terms and conditions issued by us, together referred to as this "Agreement". These Terms are the only ones on which we will deal with you and govern the conduct of the parties in relation to any Order you may place to the exclusion of all other terms and conditions.2. Instructions
Under the Money Laundering Regulations 2012, we cannot accept Receipt of funds from Third Parties unless previously authorized. You may give us instructions, orally or electronically through Our Website. The only persons authorised to give us instructions is you once we have performed identity checks that we are required to do by law.
2.1 In entering into this Agreement, you understand:
2.1.1 Late arrival of settlement funds may result in deferred delivery of your remittance.
2.1.2 We will only accept payment directly from client authorised and approved bank accounts and debit cards issued by banks in the UK unless otherwise specified and agreed with us.
2.2 Your Security Codes must only be used in accordance with these Terms as amended from time to time. If your Security Codes appear to have been used as required we will be entitled to assume that the Instructions there by communicated to us have been given by you and that you authorise us to accept and act upon those Instructions.
2.3.1 we have reasonable grounds for believing that you did not send the Instructions; or
2.3.2 the Instructions are not clear; or
2.3.3 in our opinion, the Instructions are unlawful.
2.3.4 we will endeavour to act on your Instructions promptly, once received, subject to clause 4.3, but we will not be liable to you as a result of any refusal to act or delay acting on such Instructions in accordance with those clauses.
2.4 Instructions must be made through the completion of the relevant input screens that form part of the Services.
2.5 Instructions can only be cancelled or amended if we have not acted or otherwise relied upon them. An administration fee may apply.
2.6 We reserve the right to reject the Online Banking User Name you have chosen if, in our reasonable opinion, it is inappropriate for the Services.
2.7 The fact of our having made any payment in response to an Instruction shall not amount to or be taken as an acknowledgement by us as to any related receipt of funds or other matter.
2.8 Payments will normally only be accepted from the client's own bank account.
3.1 We will provide online based facilities for you to send money to the destinations permitted on Our Website.
3.2 Once a Contract has been entered into, and whether or not a Contract Note has been issued, it cannot be altered, cancelled or rescinded unless we agree to do so.
3.3 When making a Send Money Transaction or entering into any Contract you rely solely on your own judgement. If we provide you with information concerning any matter including (without limit) the foreign exchange rates, it is on a voluntary basis and we do not accept responsibility for the accuracy or completeness of such information or assume any duty of care in relation to it. We do not offer advice under this Agreement on any matter including (without limit) the merits or otherwise of any currency transactions, on taxation, or markets.
3.4 We may at our absolute discretion refuse any transaction without giving any reason and without liability for any loss or damage incurred by you or any other party.
3.5 We may request from you, from time to time, and you will provide information needed for the purposes of us providing the Services under these terms of business regarding you and financial affairs, status, without limitation, any information required for compliance with legislation governing money laundering or other matters.
3.7 You are responsible for ensuring the accuracy of all information and Instructions submitted to us by you and must not withhold or omit any information that would render those details false or inaccurate. You will notify us immediately if you become aware of any error or omission.
3.8 The Services may only be used by persons aged 18 years or over. Completion of the online application form does not allow you an automatic right to the Services and acceptance for and continued use of the Services is subject to our discretion.
3.9 You may need access to the Internet to use the Services and you will be responsible for any telephone costs and/or charges made by any Internet Services Provider. We make no guarantees as to the speed, resolution or access to the Services via the Internet.
3.10 You must exit any Services when leaving your computer terminal unattended and must not allow anyone else to operate the Services on your behalf.
3.11 Use of the Services does not confer any right on you to overdraw your account(s).
4.1 We will use all reasonable endeavours to monitor and maintain the security of the online Services but, due to the nature of the Internet, we cannot guarantee absolute security at all times.
4.2 Your Security Codes are used to gain access to the Services. The Security Codes should not be kept together. You must not write down, disclose or reveal the Security Codes to anyone or keep them where they may be discovered.
4.3 If you suspect that someone knows or has discovered your Security Codes, you must notify the Helpdesk immediately by calling +44 (0) 20 7959 6917 (lines are currently open between 8am and 5:30pm Monday to Friday excluding any UK Bank and Public Holidays).
4.4 When instructions are received via the Services, having gained access to the Services by use of Security Codes, we are authorised to debit your VFX Account and/or carry out your instructions without further enquiry or verification.
4.5 You are responsible for the security of any of your data which you download from the Services onto any hardware or software you may be using.
4.6 It is your responsibility when in countries outside the UK to ensure that use of the Services is not prohibited by law. Additionally the Services currently use encrypted web pages using security certificates issued by a recognised organisation as well as triple DES over a proprietary encryption technology. 4.7 We reserve the right to suspend access to the Services if:
4.7.1 incorrect Security Codes are used to try to access the Services;
4.7.2 we suspect that an unauthorised person is attempting to access the Services;
4.7.3 any other person has access to the Security Codes; or
4.7.4 in our discretion there is reasonable justification for doing so.
4.8 We will never ask for the following personal information in emails:
4.8.1 Credit and debit card numbers
4.8.2 Bank account numbers
4.8.3 Driver's License numbers
4.8.4 Email addresses
4.8.6 Your full name
5.1 Means any fees applicable to each transaction6. Delivery and Payments
6.1 VFX accepts no responsibility in the event that the client sends currency to the incorrect designated account.
6.2 We will process all payments promptly but any Transactions may be delayed or cancelled for a number of reasons which may include, but not limited to: our efforts to validate your identity; your Transaction instructions: or otherwise to comply with Financial Regulations and Laws.
7.1 Either Party may terminate this Agreement on one day's written notice.
7.2 We may terminate this Agreement with immediate effect if:
7.2.1 you are in material breach of this Agreement or fail to comply with your obligations in respect of a Transaction;
7.2.2 you are in breach of any relevant statute, regulation or regulatory regime;
7.2.3 it becomes unlawful for us to perform this Agreement;
7.2.4 you become insolvent or are declared bankrupt.
8.1 The following provisions set out our entire liability to you for any losses, costs (including legal costs), damages, expenses, taxes, charges or any other liability whatsoever ("Claim") except for death or personal injury caused by our negligence or the negligence of those for whom we are legally responsible that causes death or personal injury or for our fraudulent misrepresentation for all of which liability is unlimited.
8.2 Subject to provisions of this Condition 8, our total aggregate liability to you for any Claim will not exceed the total Sale Currency paid by you in respect of the Order giving rise to the Claim, or where no Order is the basis for a claim, £500.
8.3 You will indemnify and keep us indemnified against all losses (including legal costs on a solicitor and own client basis) and liabilities incurred by us in the proper performance of Services for you or in the enforcement of our rights hereunder and, in particular, losses and liabilities incurred as a result of:
8.3.1 any default in payment by you of any sum due under a Transaction or any other breach of this Agreement;
8.3.2 our carrying out your instructions.
8.4 If there has been any breach of security of which you are or should be aware neither party will be liable for any loss or damage arising from any Instructions initiated after the time you notify us by phone or email of the breach unless the breach or unauthorised use is due to your negligence or breach of the Conditions of Use.
8.5 Both parties acknowledge that, due to the nature of the Internet and electronic communication, there is a risk that communications may not operate free from error or interruption. We shall not be liable:
8.5.1 in the event of any error or interruption in communications; or for any losses or delays in the transmission of Instructions to the Services caused by any Internet Services Provider or by software failure;
8.5.2 for any breaches of security of the Services beyond our reasonable control; or for any indirect or consequential loss you may suffer as a result of using the Internet to access the Services.
8.6 You shall remain responsible for all transactions entered using your user name and password.
8.7 It should be recognised that any Onward Payment Instructions are entered at your risk and that we shall not be liable for any errors in such payment requests entered by yourself. Should any errors occur due to the incorrect inputting of data by yourself, we shall endeavour to retrieve such funds on the basis that any costs incurred in this retrieval shall be paid by yourself. We shall not be liable for any loss of interest or any subsequent cost or loss as a result of the Onward Payment Instruction being misdirected to the incorrect recipient. An administration fee may apply.
8.8 VFX accepts no responsibility in the event that the client sends currency to the incorrect client segregated designated currency account.
You warrant and represent to us on a continuing basis that:
9.1 all information that you supply to us is complete, true, accurate and not misleading in any material respect;
9.3 you are acting as principal and not as another party's agent or representative;
9.4 you are not prevented by any legal disability or subject to any law or regulation that from performing this Agreement and any related transactions contemplated by it.
9.5 you comply with all relevant laws, regulations, exchange control requirements and registration requirements.
You agree that we may:
10.1 record telephone conversations between you and us; and
10.2 use such recordings, or transcripts from such recordings, as evidence in any dispute or anticipated dispute.
From time to time, the Services may be closed down for repair, maintenance work or upgrade or where it is necessary to protect your interests or ours. We shall, where practicable, give as much notice as possible in the circumstances. We cannot guarantee availability of the Services.12. Data protection
In entering into this Agreement you will be providing us with personal information within the meaning of the Data Protection Act 1998. You consent to us processing all such information for the purposes of performing this Agreement and also for the purposes of administering the relationship between you and us, we may use and/or disclose such information to any of our Associates for sales and marketing purposes unless you notify your objection to this in writing.13. Complaints procedure
VFX Financial PLC is committed to delivering efficient and professional remittance services. We aim to provide prompt, transparent and informative advice in response to every approach made by our customers. We are always keen to hear the views of our customers, about our performance generally, what we do well and when we do things wrong. To find out more about our complaints procedures please click here.14. Dispute resolution
This Agreement shall be construed in accordance with Laws of England and Wales. Any dispute or difference arising out of or in connection with this contract shall be determined by the appointment of a single arbitrator to be agreed between the parties, to be appointed by the President or a Deputy President of the Chartered Institute of Arbitrators, UK. The seat of the arbitration shall be England and Wales. Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.15. Identity verification
To comply with our regulatory requirements we carry out online checks to verify the identity of our clients at no cost to you. We may also use data provided by Credit Bureaus and this will show up as a ‘light touch’ search on your credit history which is only visible to you and will not affect your credit score in any way. Should the data provided highlight any factors, such as (but without limitation) a CCJ or bankruptcy, we may need to ask you for more information regarding these. By signing these terms and conditions of business you agree that we may request this personal data and make such additional enquiries.