Terms and Conditions

Overview

Please read these Terms and Conditions (the “Terms”) carefully before using our website

(“the Website”) operated by Fincofex Limited (“Fincofex”, “us”, “we”, or “our”). These Terms outline the rules and regulations for the use of Your Fincofex account (the “Account”) and its related services (“Fincofex Services”).

These Terms, along with any other fees, terms and conditions that apply to Fincofex Services, form a legal agreement between Fincofex and the Account holder (“you”). These Terms are effective and legally binding on the date when You create the Account or otherwise start to use Fincofex Services. Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms. If You disagree with any part of the Terms, you should not use the Website and Fincofex Services.

Depending on the type of services you express desire to use, additional terms and conditions may apply.

Important Information

You hereby acknowledge that You are acting in your professional or business capacity, and that You will not use theFincofex Services as personal consumer. You solely are responsible for understanding and complying with any and all laws, rules and regulations of Your home country and platform jurisdiction that may be applicable to You in connection with Your use of the Fincofex Services, including, but not limited to, laws governing payment services including anti-money laundering or terrorist financing requirements, consumer protection, data protection laws, anti-discrimination, gambling, false advertising, illegal sale or purchase or exchange of any goods or services, and those related to export/import activity, taxes or foreign currency exchange.

Opening an Account

In order to use the Fincofex Services, You are required to create an Account by registering Your details on our Website. All information You provide during the registration process or any time thereafter must be accurate and truthful.

When You submit an application to open an Account, the following apply:

  • You promise that You have full authority to accept these Terms and meet the obligations set forth herein; and
  • we, or someone acting for us, will ask for certain information about You, where the amount You are opening the account with comes from, Your authorised persons, as well as any directors, partners, people with significant control over Your business or any beneficial owners. You will have to confirm that any authorised person has Your authority to act on Your behalf and that they have agreed to keep to these Terms.

We will only give You access to Your Account once we have all the information we need. You may only open one Account, unless We explicitly approve the opening of additional accounts. You cannot open a new Account if we have previously closed an Account that You held. You also cannot open an account with Fincofex if You are a charity, political organisation or religious organisation.

You cannot open or hold a Fincofex Account if You carry out any sort of business or activity that relates to the following:

  • dating and escort services;
  • pornography;
  • weapons;
  • trading in precious metals, stones or art;
  • running an auction house;
  • cashback services;
  • chemicals and related products;
  • video-game arcades;
  • trading in cryptocurrency;
  • selling second-hand cars;
  • binary options or gambling;
  • debt collection; or
  • trading in prime-bank guarantees, debentures, letters of credit or medium-term notes.

We can refuse to let You open or hold an Account if You carry out any other business or activity that we are not comfortable with. Alternatively, we may apply restrictions, which we will tell You about before we allow You to open the Account.

You must ensure that information recorded on Your Account is always accurate and up to date and we shall not be liable for any loss arising out of Your failure to do so. We may ask You at any time to validate the accuracy of Your information or to provide documents or other evidence to support this. We may request information from You or otherwise update inaccurate information You have provided to us and You should provide us with the requested information/documentation within the timeframe reflected in our request.

Please be advised that if You violate these Terms, we are entitled to close, suspend, or limit Your access to Your Account or our services.

Using money in Your Account

Fincofex allows You to hold electronic money (“e-money”) in different currencies in Your Account. Once You have e-money in Your Account, You can use Fincofex Services, including the following:

  • send money to and receive money from other Fincofex and non-Fincofex accounts;
  • change e-money from one currency to another (the currencies available might change occasionally);
  • make payments and withdraw cash using your Fincofex Card;
  • view information about and manage Your account; and
  • use other services provided by Fincofex from time to time.

We add new features and services all the time. We will let You know about these on our Website or through Your Account dashboard.

Security Obligations

You are responsible for keeping Your password and Account details safe. You must not disclose Your password or Account details to anyone else. If You think that You have lost Your password or Account details, that they have been stolen, or that someone has been using Your Account without Your permission, You must immediately notify us. You will be held responsible for any losses arising from the disclosure of Your details, in cases where You have not notified Fincofex.

You must not allow any unauthorized third parties to use Your Account without our express written authorization. Failure to comply with this condition will result in the closure of Your Account and will render You liable for any financial losses incurred by Fincofex.

We are entitled to suspend Your Account, if we suspect that unauthorized or fraudulent use of Your Account has taken place or have other concerns regarding the security of Your Account. In this case we will notify You by email of the suspension, giving our reasons for it, unless this would reasonably compromise security measures or would otherwise be unlawful. Where we are able to do so, we will endeavour to notify You in advance of the suspension. If this is not possible, we will notify You immediately afterwards. As soon as practicable after the reasons for suspending Your Account cease to exist, we will reactivate Your Account or issue You with a new password. Possible exceptions to this are if we consider You to have been a party to the unauthorized use or to have been grossly negligent with the security of Your Account.

Personal Data Protection

If we collect any personal information from You, we will take all reasonable precautions to keep this information secure. Your personal information will only be used for the purposes of fulfilling our obligations under these Terms and the Agreement and will not be disclosed to third parties except to the extent necessary to provide our services or if we are required to do so by law. Your personal information may be used in connection with any investigation into fraudulent activity or the misuse of an Account. If You would like a copy of any personal information we hold on You, please contact us. You have the right to require us to correct any inaccuracies in the information we hold on You.

You agree that Fincofex reserves the right to access and/or disclose data we collect from You and any third party authorized by You in order to comply with requests from government and/or regulatory authorities. You further acknowledge that Fincofex reserves the right to disclose personal data to third parties if Fincofex reasonably believes Your use of the Fincofex Services has violated these Terms.

Privacy

Your Privacy is extremely important to us and we strongly recommend that You read our Privacy Policy in order to understand how we collect, store, use and access Your personal data.

Cookies

We employ the use of cookies. By using the Website, You consent to the use of cookies in accordance with our Cookie Policy. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

Intellectual Property Rights

Unless otherwise stated, Fincofex Limited and/or it’s licensors own the intellectual property rights for all material on the Website. All intellectual property rights are reserved. You may view pages from the Website for Your own personal use subject to restrictions set in these Terms.

You must not (without our prior express permission):

  • Republish material from the Website;
  • Sell, rent or sub-license material from the Website;
  • Reproduce, duplicate or copy material from the Website;
  • Redistribute content from the Website (unless content is specifically made for redistribution).

All rights, titles and interests in and to this Website and any content thereof is the exclusive property of Fincofexand its licensors.

Iframes

Without prior approval and express written permission, You may not create frames around the Website or use other techniques that alter in any way the visual presentation or appearance of our Website.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that You remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. We also reserve the right to amend these Terms and its linking policy at any time. By continuing to link to our Website, You agree to be bound to and abide by these linking terms and conditions.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). This Website is provided “as is” without any representations or warranties, express or implied. Fincofex makes no representations or warranties in relation to the Website or the information and materials provided on this Website.

Whilst Fincofex Limited will try to ensure that the Website is of highest standard, we do not warrant that this Website will be constantly available, or available at all or the information on this Website is complete, true, accurate or non-misleading. We shall not be liable for any disruption or impairment of our services or for disruptions or impairments of intermediary services on which we rely for the performance of our obligations, provided that such disruption or impairment is due to abnormal and unforeseeable circumstances beyond our reasonable control or the control of the intermediary affected.

In no event Fincofex Limited will be liable for any damages, including, but not limited to direct or indirect damages arising from or in connection with the use of the Website. Nothing on this website constitutes, or is meant to constitute, advice of any kind. We shall not be liable for any indirect or consequential losses including but not limited to loss of profit, loss of business and loss of reputation. We shall not be liable for any losses arising from our compliance with legal and regulatory requirements.

Nothing in this disclaimer will:

  • limit or exclude our or Your liability for fraud or fraudulent misrepresentation;
  • limit any of our or Your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or Your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:

  1. are subject to the preceding paragraph; and
  2. govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

Indemnity

You hereby indemnify and undertake to keep Fincofex Limited indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Fincofex to a third party in settlement of a claim or dispute on the advice of Fincofex ’s legal advisers) incurred or suffered byFincofex and arising out of any breach by You of any provision of these Terms, or arising out of any claim that You have breached any provision of these Terms.

You remain liable under these Terms in respect of all charges and other amounts incurred through the use of Your Account at any time, irrespective of termination, suspension or closure.

Communication

You may contact Fincofex at any time by sending a message through the contact links on our Website or via e-mail at

. You may also contact any of our affiliate offices via the contact information listed on the Airwallex Website.

You agree that Fincofex may provide notice or other information to You by posting it on the Website (including information which is only accessed by You by logging into your Account), emailing it to the email address listed in Your Account, mailing it to the street address listed in Your Account, calling You by phone, or sending You a “text” message. You must have internet access and an e-mail account to receive communications and information relating toFincofex Services. You may request a copy of any legally required disclosures (including these Terms) from us and we will provide this to you in a form which allows you to store and reproduce the information (for example, by e-mail) and You may terminate Your consent to receive required disclosures through electronic communications by contactingFincofex as described above. Fincofex reserves the right to close Your Account if You withdraw Your consent to receive electronic communications.

Termination

If You wish to terminate your Fincofex Account, You may simply discontinue using the Fincofex Services. The provisions of these Terms relating to ownership provisions, warranty disclaimers, indemnity and limitations of liability shall survive termination of You Account and these Terms.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to their conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between You and us regarding Your use of our Website.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will post these changes on the Website. It is your sole responsibility to periodically check the Term for any changes. By continuing to access or use our Website after those changes have been made, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Website.

Contact Information

If You have any queries regarding any of our Terms or services, please do not hesitate to contact us at

.