Our Trust Policies - Australia

Legal Documents And Disclaimers

CurrencyFair Australia Pty Ltd – Terms and Conditions

Welcome to CurrencyFair Australia! By using our website or services, you agree to these Terms and Conditions. Please read them carefully, as they govern your use of our services and outline your rights and responsibilities.

1. Who We Are

We are CurrencyFair Australia Pty Ltd (“CF Australia”), a part of the CurrencyFair group, which includes our parent company, CurrencyFair Limited. When you use our website and services, you are contracting with CF Australia under these Terms and Conditions.

2. Using Our Website and Services

2.1 Eligibility

You must be at least 18 years old (if you are an individual) and have the legal capacity to enter into binding contracts. CF Australia will not be responsible for any unauthorised use of its services. 

2.2 Geographic Restrictions

Do not use our website or services if it is illegal to do so in your country. Our services are designed for users who are legally allowed to access and use them under their local laws.

2.3 Purpose of Use

Our currency exchange services are intended for holiday or business travellers and businesses needing foreign currency, not for speculative trading or investment. They are not to be used for unlawful activities, such as money laundering or financing of terrorism.

2.4 Updates and Changes

We may change the content of our website, our services, or these Terms and Conditions at any time. Please review these Terms regularly to stay informed of any changes. 

3. Accessing Your Account

3.1 Account Security

• Keep your login details (username, password, and security information) secure and do not share them with anyone.
• You are responsible for all activities that occur under your account, and agree to notify us immediately if you believe your account has been compromised.
• We are not liable for any losses caused by unauthorised use of your account. 

3.2 Privacy and Data Protection

We value your privacy. We collect, use, share and otherwise handle your personal information in accordance with our Privacy Policy. 

3.3 Third-Party Links

Our website may include links to third-party websites. These links are provided for your convenience and do not constitute an endorsement. We are not responsible for the content or services of these third-party sites.

4. Making and Managing Your Transactions

4.1 Placing an Order

Follow the on-screen steps to place an order. We may ask for additional information to process your order, including information necessary to comply with  our anti-money laundering obligations.

4.2 Confirmation of Order

Once you place an order, we’ll send you an email to acknowledge receipt. This is not an acceptance of your order. Your order is only confirmed and binding once we send you a matching confirmation email.

4.3 Changes and Cancellations

• You can modify or cancel your order until it has been matched.
• We may also refuse or cancel your order at any time if it’s necessary for compliance or operational reasons.

4.4 Deposits and Transfers

• Funds you deposit into your CF Australia account must be legally and beneficially owned by you.
• We do not pay interest on deposits.
• You are responsible for any fees or charges related to incorrect deposit instructions.

4.5 Use of Deposited Funds

CF Australia reserves the right to deduct our fees and charges or any charges or costs related to your deposit or transfer of funds as may be required by law or payable to any intermediary bank on account of fees and charges.

Unless prohibited by law, funds deposited by you may be used by CF Australia in the performance of its own obligations to any counterparty or in relation to your order.

4.6 Closing or Suspending the Marketplace

We may close or suspend the marketplace at any time for maintenance, compliance, or other reasons. During such periods, you may not be able to place orders, but you can cancel open orders. We will handle your balances in accordance with your instructions and the law and notify you via email if any orders are cancelled as a result of marketplace closure or suspension.

5. Our Responsibilities and Liabilities

5.1 Limitation of Liability

We strive to provide reliable services, but we cannot guarantee that our website will always be available, error-free, or meet your expectations. CF Australia is not liable for any losses resulting from the use or inability to use our website or services unless required by law. 

All content shown on the Website (and all products and services provided) are provided and made available without any warranties, conditions or guarantees given by CF Australia.

5.2 Maximum Liability

If we are found liable for any loss, our total liability is limited to the amount of money you have paid to us in the affected transaction.

5.3 Unforeseen Events

We are not liable for delays or failures to perform due to events beyond our control, such as (but not limited to) natural disasters, internet outages, or regulatory requirements.

5.4 Technical Failures and Security

CF Australia is not responsible for any technical failures or damages to your system resulting from your use of our website. You should take reasonable precautions to protect your own devices and data.

5.6 Indemnity

You agree to indemnify and hold CF Australia and its affiliates harmless against any losses or damages resulting from your actions, such as unauthorized use of your account or breach of these Terms and Conditions.

6. Anti-Money Laundering and Compliance

As a registered remittance service provider regulated by the Australian Transaction Reports and Analysis Centre ("AUSTRAC"), CF Australia is required to apply anti-money laundering and counter-terrorism financing procedures, including:

• Collecting Identification: We may request documents like a passport, driver’s license, or a recent utility bill as proof of identity.
• Monitoring Transactions: We monitor transactions for any unusual or suspicious activity.
• Reporting Obligations: We are legally required to report suspicious activities to AUSTRAC.

We reserve the right to refuse or suspend transactions if we suspect unlawful activities. Any delays or cancellations due to compliance reviews are not our responsibility.

7. Intellectual Property and Use of Website Content

All content on our website (e.g., text, logos, images) is owned by CF Australia or licensed to us. You may not copy, distribute, or use any part of our content for commercial or private purposes without our prior written permission.

8. Communications with CF Australia

Any communications you send to CF Australia, whether by email, mail, phone, or otherwise, will be treated as non-proprietary and non-confidential. CF Australia reserves the right to use any communication as it sees fit, without any obligation or liability to you. We may monitor communications for security purposes, and this monitoring does not entitle you to any cause of action.

9. Closing or Suspending Your Account

We may close or suspend your account if:

• You violate these Terms and Conditions.
• Your activities are suspected to be unlawful.
• Required to do so by law or regulation.

10. Governing Law and Dispute Resolution

These Terms and Conditions are governed by the laws of New South Wales. Any disputes will be subject to the non-exclusive jurisdiction of the courts of New South Wales. .

11. General Provisions

If any part of these Terms and Conditions is found to be unlawful or unenforceable, it will not affect the enforceability of the remaining terms, which will continue to operate with full force and effect.

12. Refer a Friend Program and Promotions

From time to time, we may run referral programs or other promotions. When we do, the terms and conditions of those programs will be available on our website.

13. Contact Us

If you have any questions or need assistance, feel free to reach out through our Contact Page or customer support.