This website (or this “Website”) meaning www.fairfx.com, any associated domain or mobile app (or the “App”) is owned and operated by FairFX PLC 3rd Floor, Vintners’ Place, 68 Upper Thames Street, London, EC4V 3BJ (“FairFX”).
Use and access to this Website and App is provided on the basis of the following terms and conditions.1. FairFX may from time to time and without first letting you know:
1.1 Make such changes to the content of the Website and App and/or the products or services offered by FairFX through the Website as FairFX (in its absolute discretion) considers appropriate;
1.2 Withdraw such products and services as FairFX (in its absolute discretion) considers appropriate without notice;
1.3 Terminate access or use of the Website and App for any breach of these terms and conditions or for any breach of law or regulation or for any reason FairFX considers appropriate in order to comply with any regulation imposed on FairFX. FairFX reserves the right to use various procedures to authenticate each transaction including but not limited to identity checks. FairFX reserves the right to decline to continue to process any part of your order at any time;
1.4 Discontinue the operation of the Website and App.2. Permitted Access to the Website
2.1 You should not use the Website and App from any country or jurisdiction where accessing or using the Website and App or any of the information, products or services is prohibited by law. This Website does not constitute any invitation or solicitation by FairFX to any person to use any such information, products or services in countries where to do so is prohibited by law.3. Reliance on Information Posted
3.1 FairFX shall use its reasonable endeavours to ensure that any dated information contained or reproduced on the Website and App is up to date at the stated date of its publication.4. Intellectual Property
4.1 All intellectual property and materials comprising or contained in the Website and App are owned or licensed by FairFX unless otherwise expressly stated.
4.2 You are entitled to access the Website and App for the purposes of accessing the facilities offered by FairFX. You may not use in any way, directly or indirectly, the Website and App or any of its components for any other purpose. The materials contained on the Website and App may not be copied or redistributed for commercial purposes or for compensation of any kind without prior written permission from FairFX.5. Links to other sites
5.1 The Website and App may contain links to third party websites. Such links are provided to you for your convenience only.
5.2 FairFX has no control over any material which has been published or contained on such third party websites. FairFX does not warrant the content or accuracy of such third party websites nor does FairFX accept responsibility or liability in relation to the content or products offered by or through such third party websites.6. Limitations on liability
6.1 All content shown on the Website and App (and all products and services provided by it) are provided and made available without any warranties, conditions or guarantees given by FairFX. All such warranties, conditions or guarantees which would otherwise be implied by law are excluded to the fullest extent permitted by law. In particular, FairFX does not warrant the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any products and services available through this Website and App. Additional limitations and exclusions of liability may apply to liability arising as a result of the supply of FairFX payment services products to you, which are set out in our FairFX Prepaid Mastercard Card Terms and Conditions, Travel Cash Terms and Conditions, International Money Transfers Terms and Conditions and FairPay Price Guarantee Terms and Conditions (each "Special Terms"). In the event of a conflict or inconsistency between the provisions of this clause 6 and any provisions of any of the Special Terms, the provisions of the Special Terms shall prevail.
6.2 FairFX uses reasonable skill and care in providing its products and services to you. However (to the maximum extent permitted by law) FairFX is not liable to you for any loss, damage, claim or compensation (including loss of profit or loss of use) arising out of:
6.2.1 Your use, delay or inability to use this Website or App;
6.2.2 Any inability to perform any of FairFX's obligations due to failure of any technical or computer systems, or due to any other abnormal or unforeseeable circumstances beyond FairFX's control (such as acts of God, terrorism, war, government action or natural disaster), the consequences of which would have been unavoidable despite all its efforts to the contrary.
6.2.3 Any breach by FairFX of any of its obligations, where such breach is due to FairFX's duty to comply with any applicable laws of the European Union or the United Kingdom.
6.2.4 Subject to any provisions of any Special Terms dealing with losses resulting from unauthorised transactions or transactions completed in error, any loss resulting from third party misuse, including but not limited to email intercept, stolen identity, fraud.
6.2.5 Any damage to your computer equipment as a result of using this Website or any products or services provided from it.
6.2.6 Any change in foreign currency rates which may occur from time to time.
6.3 FairFX is not liable to you for any loss that is not a foreseeable result of FairFX breaking these terms and conditions or failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious it will happen or if, at the time the contract was made, both FairFX and you knew it might happen.
6.4 FairFX's maximum aggregate liability to you in respect of all foreign currency transactions undertaken by you shall be limited to a refund equivalent to any money you have paid to FairFX to acquire foreign currency.
6.5 FairFX does not warrant that the Website or App is free of viruses or of other material which is malicious or technological harmful. FairFX is not liable for any viruses or other technologically harmful material that may affect your computer equipment, computer programs or other material resulting from your use of the Website or App.
6.6 The disclaimers and limitations of liability in these terms and conditions shall not apply to any damages arising from death or personal injury caused by the negligence of FairFX or any of its employees or agents or for fraud.
6.7 Nothing in these terms and conditions limits or excludes FairFX's liability for any breach of its statutory obligations or obligations under the Financial Conduct Authority rules. However, FairFX will not be liable for any default where it is a result of FairFX's duty to comply with any applicable laws of the European Union or the United Kingdom. If any provisions of these terms and conditions including these disclaimers and limitations shall be unlawful or unenforceable then such provisions shall fall away and shall not affect the validity and enforceability of the remaining terms. Your statutory rights remain unaffected.7. Warranties and Representations
You warrant and represent to us on a continuing basis that:
7.1 All information that you supply to us is complete, true, accurate and not misleading in any material respect.
7.2 You are acting as principal and not as another party's agent or representative.
7.3 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.
7.4 You comply with all relevant laws, regulations, exchange requirements and registration requirements.
7.5 You will take risk in and ownership of the purchased currency upon payment of the
full amount of the sold currency as directed by on your instructions contained in the
8. Privacy and data protection
9. Our Contact Details
You can contact us:
9.1 Via the Contact page
on the Website.
9.2 By phone on +44 (0)20 7778 9300 between 09:00-17:00, Monday to Friday (excluding bank holidays). Calls are charged at your standard network rate.
9.3 By post at FairFX Plc, 3rd Floor, Vintners’ Place, 68 Upper Thames Street, London, EC4V 3BJ.10. Complaints
10.1 If you are unhappy in any way with your FairFX account, please tell us so we can try to resolve the situation. You can complain via email, post or by calling +44 (0)20 7778 9300 between 09:00-17:00, Monday to Friday (excluding bank holidays). Calls are charged at your standard network rate.
10.2 We will try to resolve any complaints you have about your payment instrument or the service we provide to you within 15 business days of receiving your complaint and in exceptional circumstances, within 35 business days (and we will let you know if this is the case)
10.3 You can request our Complaints Procedure via email, phone or by visiting our Website.
10.4 If we are not able to resolve the complaint to your satisfaction and you are eligible, you may be able to refer it to the Financial Ombudsman Service.
10.5 The Financial Ombudsman Service is a free, independent service which might be able to settle a complaint between you and us. Their contact details are: The Financial Ombudsman Service, Exchange Tower, London, E14 9SR; phone 0300 123 9 123, website www.financial-ombudsman.org.uk
.Governing Law and changes to these terms and conditions
11. All use of the Website and App and these terms and conditions is governed by the laws of England and Wales.
12. All disputes arising out of the use of the Website or App and/or any services or products provided by FairFX or any dispute relating to these terms and conditions shall be resolved by the Courts of England and Wales.
13. Changes to these terms and conditions will be communicated to you using the email or postal address that you have provided to us. Changes to your disadvantage will be communicated to you at the least 60 days before the change is effective. At any time up to 60 days from the date of this notification, you may close your FairFX account without incurring any extra charges. Any other changes can be made immediately and communicated within 30 days. Please keep your contact details current. When we send correspondence to this email or postal address, we will assume receipt by you.
14. You must let us know as soon as possible if you change your name, address, phone number or email address. If we contact you in relation to any product or service offered by FairFX we will use the most recent contact details you have provided to us. Any email to you will be treated as being received as soon as it has been sent by us. We will not be liable to you if your contact details have changed and you have not notified us.
15. We may make immediate changes to the exchange rate used to convert foreign transactions into Sterling. For all transactions made in a foreign currency you can find out what the applicable exchange rate was at the time of the transaction by contacting our Customer Services Team.Additional terms and conditions
Provisions relating to placing of the order and when the contract between you and FairFX is formed.
16. Orders through the Website and App must only be placed by individuals over the age of 18.
17. Please follow the steps on the screen in order to place an order. FairFX reserves the right to ask for further information in order to process your order.
18. FairFX will use various procedures to authenticate each transaction for the purposes of law and regulations including anti-money laundering regulations. FairFX reserves the right to decline to continue to process any part of your order at any time.
19. You will be able to correct the details of your order at any time up until you press the "Buy Now" button. After that point you will no longer be able to correct details on your order, so please make sure they are correct at that time.
20. Once you have placed your order for currency on the Website or App by pressing the "Buy Now" button this will authorise FairFX to action your order. You will not be allowed to cancel it other than subject to section 21. Should you wish to make any amendments to your order, FairFX will use its reasonable endeavours to accommodate your needs. If you wish to amend your order please send an e-mail to firstname.lastname@example.org
. Any such amendments will be subject to the applicable foreign exchange rates. If FairFX agree to amend your order you will receive an email to confirm this. FairFX is under no obligation to accept any such amendments to your order and FairFX accepts no liability or responsibility if it decides not to do so.
21. You may cancel your order by providing FairFX with written notice of cancellation, by email to email@example.com
, prior to delivery of your order. FairFX will have purchased your order at a foreign exchange rate. In the case of cancellation, you will receive a refund at the foreign exchange rate prevailing at the time of cancellation. This may be different to the foreign exchange rate at the time of your order as exchange rates fluctuate and this may result in a financial loss.
22. All orders are subject to acceptance by FairFX and FairFX will confirm such acceptance to you by sending you an email that confirms that the order has been accepted. The contract between FairFX and you will only be formed once FairFX sends you the confirmation email that your order has been accepted. Until that time there will be no binding arrangement for FairFX to supply you with any foreign currency or other services. You should print and retain a copy of the confirmation email for your records.Price, Availability and Delivery
23. The price payable for currency that you order will be shown on the confirmation screen and is only valid for a short period of time as foreign exchange rates continually fluctuate. If you do not submit your order immediately after you enter the confirmation screen, the price may change and you will need to enter the screen again to see the updated price.
24. FairFX has the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time you placed an order with FairFX.
25. FairFX is entitled to refuse, withdraw or cancel your order at anytime, for any reason.
26. Should any order be cancelled before being processed, your card issuer may suspend the associated funds for up to seven days, before releasing them back into your account. Please be advised that this is beyond FairFX’s control. As such, FairFX accepts no liability for such actions. Please note that FairFX does not refund cash advance charges made by your card issuer and that a late cancellation fee may also be subject to a cash advance fee from your card issuer.Cardholder Initiated Transactions
27. During the order process you will be provided with the option to save a debit or credit card with FairFX. On future orders you will be able to use these saved payment card details to make payment.
28. FairFX will ensure your saved card details are held securely in line with Payment Card Industry Data Security Standards. Your card details will only be visible in a truncated format.
29. You may at any time amend, change or delete your saved payment card.Anti-money laundering policies
30. FairFX is registered with and regulated by HM Customs & Excise (registration 12236741) as required under The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. Our staff are fully conversant with anti-money laundering and countering terrorist financing guidelines and are aware of their responsibilities in the monitoring and reporting of any actions that raise suspicion or give cause for concern.
31. FairFX reserves the right to perform identity checks in accordance with the Terms and Conditions on all individuals who place an order on the website. For further information on these identity checks please contact firstname.lastname@example.org
32. FairFX reserves the right at all times to refuse to process any currency order or terminate any contract which it believes, in its sole discretion, is connected in any manner to any unlawful or illegal purpose. We have a legal obligation to report any such suspicious transactions to relevant law enforcement agencies
33. FairFX is obliged by law to monitor and report any unusual or suspicious transactions of any size taking place where we have reasons to believe the money is derived from unlawful or illegal activity.
34. There is a statutory obligation on all FairFX employees and their agents to report suspicious transactions to UK law enforcement agencies. Where any such report is made, FairFX accepts no liability for any delay in transmission of, or confiscation of the funds.