PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE SWAPFOREX.COM WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THEM AND THAT YOU AGREE TO BE BOUND BY THE TERMS CONTAINED IN THEM.
1. Website Owner- This website ("Website") is owned and operated by Swapforex Limited [CN: 07481403] ("Swapforex"). The Website consists of public areas ("Public Area") with unrestricted access and private areas ("Private Area") with restricted access. Any reference to the Website is intended to apply to both areas.
2. The Website- The Public Area of the Website provides information about the mechanics of foreign exchange transactions and current information about exchange rates. The Private Area allows you to book transactions, enter beneficiary account details and access information about your account online (collectively "the Services"). Any Services provided to you will be provided only pursuant to the Swapforex standard client agreement which you must agree to in addition to this agreement and prior to the provision of any such Services.
3. Access to Private Area with Username and Password- Upon registration, you will be able to obtain a username and password with prescribed levels of authority in order to enable you and your authorised representatives to access the Private Area of the Website and use the Services. You accept these terms and conditions of use each time the Private Area is accessed by anybody using your username and password. Swapforex will not check the identity of the user every time the username and password are used. It is your responsibility to ensure the security of your username and password. Swapforex will be entitled to assume that anybody who uses the username and password has your full authority to do so and accepts no responsibility for misuse or unauthorised access, other than in circumstances where the use has been by employees of Swapforex or where you have notified Swapforex of termination in accordance with this Agreement.
4. Legitimate Use- You agree to use the Website only for legitimate purposes. You agree not to interfere with, damage (or attempt to interfere with or damage) or reverse-engineer any code, data or software on or associated with the Website. You agree to access the Private Area only in accordance with the terms of any client agreement you enter into with Swapforex.
5. Ownership of Information on the Website- The copyright in the Website and all associated material is the property of Swapforex or third parties from whom the material has been licensed. By accessing or using the Website, Swapforex grants you a limited licence to view and otherwise access content on the Website, but you are not authorised to use such content or source code for any other purposes, including reverse engineering or copying that content or source code, unless otherwise specified. All other rights are reserved, and, except as outlined in this agreement or as otherwise permitted by any copyright legislation, no part of the Website and associated material may be reproduced or published in any form or by any means, electronic or mechanical, including photocopying, recording, or by information storage or retrieval system, without the prior written permission of Swapforex.
6. Use of Information on the Website- The information, including any data, prices, charts, graphs and models, ("Information") on this Website has been obtained from sources believed to be reliable and has been prepared in good faith and with all reasonable care. However, Swapforex makes no warranty, express or implied, concerning the suitability, completeness, quality or exactness of the Information. Neither Swapforex, nor any of its providers of information, assume any liability to you, or to any other third party, for the accuracy of the Information or for any errors or omissions therein, nor will Swapforex or any of its providers of information have any liability for the use, interpretation or implementation of the Information.
7. Accuracy of Information on the Website- By providing the Information on this Website, Swapforex undertakes no obligation to update the Information. In particular, currency converter rates are updated where possible on a daily basis, but users should be aware that, for many exchange rates, daily data is not readily available and so rates may be significantly out of date. These rates are a guide only, so visitors to the Website should consult their financial institution to obtain actual rates of exchange.
8. No Financial Advice- The Information contained in this Website does not constitute investment or financial advice, and nothing relating to the provision of the information herein shall be construed as creating a fiduciary, financial or other advisory relationship between Swapforex and the user or any other third party. Any comments or statements made are not a recommendation that a particular course of action is suitable for you and should not be regarded as investment advice. Before making any investment decision on the basis of any reports or information provided, you must read any relevant disclosure document and make your own investigations regarding the accuracy, reliability and completeness of this information. You should also seek expert professional advice about the offer in light of your particular financial circumstances and particular investment needs.
9. No Liability for Delays or Technical Problems- Subject to any conditions and warranties implied by legislation, Swapforex excludes liability for any delay, interruption or unavailability of the Website.
10. Access to the Website- Swapforex will use all reasonable efforts to provide access to the Website at all reasonable times, but cannot guarantee that such access will never be interrupted as a result of technical or other unforeseen problems. Swapforex reserves the right to suspend or terminate access to the Private Area at any time and without prior notice.
11. Termination of Access to Website- You may terminate your access to the Private Area of the Website at any time by giving us 48 hours written notice by email of your intention to change or terminate your username and password. In the event that you suspect that any person has gained access to your username and password without your authorisation, you should contact us immediately.
12. Account Records in the Private Area- You should check your account records carefully and promptly report to us as soon as you become aware of any payments that you think are errors or are payments that you did not authorise or you think were made by someone else without your permission.
13. Errors or Mistakes in the Private Area- You must notify us promptly if you become aware that you have made a mistake while booking a transaction online or if you become aware of any delays or mistakes in processing your transactions on the part of Swapforex.
14. Fee Disclosure- Swapforex may receive fees for advertising on the Website and in any email newsletters that might be sent to you. Swapforex may have a financial interest in the outcome or success of the offers of financial products mentioned in this Website.
15. Indemnity by You- You fully indemnify and hold harmless Swapforex and its officers, employees and agents in respect of any loss, damage, cost or expense which they may sustain or incur arising from or related to the improper use of the Website by you or your authorised representatives.
16. External Links- The Website may contain links to other websites which are not maintained or controlled by Swapforex ("third party site"). Swapforex makes no representations or warranties whatsoever about any third party site. The Website provides these links as a convenience only. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site. Swapforex accepts no responsibility for the content or use of any third party site. If you link to any third party site, you leave the Website and do so entirely at your own risk.
17. Security- Swapforex employs secure encryption technology, but cannot guarantee that the Website will always be free of viruses or bugs or that any communication between you and the Website is secure from interception by third parties.
18. Alternations to the Website- Swapforex reserves the right to alter without notice the content, appearance and Services offered on the Website, provided always that, in the event of any inconsistency, the terms of the client agreement that you enter into with Swapforex shall prevail.
19. Complaints Policy and Handling- The Complaints policy on the Website forms part of this agreement.
20. Know your Customer (KYC) and Anti-money Laundering (AML)- The details in the Money Laundering statement on the Website forms part of this agreement. As a condition of using this service, all Businesses and Individuals are required to provide acceptable levels of identification, as well as provide all supplementary information as determined by Swapforex Limited.