2.6.1 Never give the username and/or password to anyone else and must not write the password down anywhere.
2.6.2 Change the password regularly.
2.6.3 Watch out for fraudulent (or ‘phishing') e-mails that claim to be from Transfermate that ask for personal information or security details. Never send personal details or accounts or passwords in an email. If the Client suspects a phishing attack, they must call Transfermate or alternatively forward the suspect e-mail to Transfermate.
2.7 You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of computer viruses, or other similar harmful devices, and you will not transmit to in any way whether directly or indirectly or expose Transfermate's Website or Transaction Service to any harmful material or device.
2.8 You represent and warrant that you will maintain a firewall on your computer to protect it from unauthorised access.
2.9 Online Transactions are subject to a minimum and maximum transaction value determined by Transfermate, who reserves the right to request further information before accepting any Transaction.
2.10 Transfermate operates a telephone order system certain clients. In the case of orders processed by telephone, Transfermate records calls and you consent to this as a condition of doing business with Transfermate.
2.11 Transfermate fees are calculated as outlined on the Website and you authorise Transfermate to deduct their fees for the Transaction Service in accordance with the contract note issued after each transaction is completed.
3. Privacy Policy
3.1 Transfermate collects and retains information about you that Transfermate believes is necessary in accordance with its Privacy Policy to help administer business between Transfermate and you and to keep you updated on improvements to Transfermate's services and products and to provide you with other relevant information. Transfermate collects two types of information:
3.2 Personal information is collected to meet both internal and external compliance requirements, and to enable Transfermate to open a foreign exchange trading account for you and to be in a position to commence business. Traffic pattern information is used to monitor pages accessed or visited and enables Transfermate to better meet the requirements and needs of our clients. Transactional information reflects the business you enter into with Transfermate and provides a historical record of business activity which is necessary as a means of monitoring and mitigating money laundering and terrorist financing and also enabling Transfermate to keep up to date with your foreign exchange needs.
3.3 You accept that your information may be shared between Transfermate associated companies for the provision of foreign exchange services.
3.4 Transfermate does not sell, publish or freely give away personal or transactional information. Your personal information is treated strictly in accordance with the governing law and in particular to comply with the requirements of the Data Protection Acts 1988-2003 and regulations made thereunder.
3.5 Transfermate is bound to abide by Anti-Money Laundering legislation and will deal with such activity as outlined in the Transfermate Anti-Money Laundering Policy and assist all statutory authorities in investigations of suspicious activity.
4. Service access
4.1 While Transfermate endeavours to ensure that the Website is normally available 24 hours a day and its Transaction Service is available during its usual trading hours or such hours as displayed on the Website, Transfermate will not be liable if for any reason the Website is unavailable at any given time. Transfermate agrees to use reasonable efforts to give advanced notice of any scheduled interruption.
4.2 Transfermate is dependent on other external suppliers of services (i.e., web hosting, hardware supply and support, remote back-up and disk mirroring) in providing the Transfermate Transaction Service to you and you recognize that Transfermate can only rely on those suppliers pursuant to their individual terms and conditions and service level agreements but Transfermate will not however be responsible for any loss of any nature caused to you as a result of difficulties with any of the Transfermate suppliers.
5. Risks, Cancellation Policy and Telephone Contracts
5.1 You agree to use the Transaction Service at your own risk.
5.2 Transfermate recommends that you seek prior independent financial advice and consider carefully whether entering into specific foreign exchange Transactions is appropriate in terms of the your experience, financial objectives, needs and circumstances.
5.3 The foreign exchange services contained within the Transaction Service require physical delivery and accordingly suitable only for customers who are able to deliver, on the Settlement Date, the currency they have agreed to sell to Transfermate. In the event that you are unable to fully settle the Contract by delivering the amount sold to Transfermate, then Transfermate will close out the Contract at its then prevailing market rates and any loss or costs incurred by Transfermate will be met by you in accordance with these terms. Late settlement may incur penalty interest at a compound rate of 20% per annum, calculated daily and payable as a penalty on the date payment is made.
5.4 There are risks associated with utilising the Transaction Service including, but not limited to, the failure of hardware, software, and internet connections. In the event of failure of the Transaction Service, trading via telephone is available during operating hours.
5.5 Each foreign exchange Transaction Contract undertaken by you using the Transaction Service is an individual Contract made between you and Transfermate, and is not transferable, negotiable or assignable to or with any third party.
5.6 Transfermate will accept Market Orders between the hours as stipulated on the Website. You may make changes to any Market Order (to buy or sell currency at a predetermined level) prior to the Market Order being executed. You are entitled to make changes to a Market Order within the above stated hours provided the Market Order has not been executed. Upon any Market Order being entered into by you with Transfermate confirmation of the Market Order will be sent to you. Once a Market Order has been executed by Transfermate a Market Order Contract Note will be sent to you. The exchange rate may fluctuate throughout the ordering process. Market Orders are only ever accepted from you on a best endeavours basis.
5.7 Upon your selecting the ‘Accept' button after making a foreign exchange Transaction, a legally binding Contract is formed between you and Transfermate. In the event of your having selected ‘Accept' in error you must contact Transfermate immediately requesting the Contract to be cancelled and any loss arising on such cancellation will be charged to you and payable by you.
5.8 In the case of telephone orders, calls may be recorded and orders placed by telephone are binding contracts which must be honoured. Agreement on a rate contract over the telephone is a valid contractual agreement and telephone orders are subject to these terms and conditions.
6. Intellectual Property and Limited Licence
6.1 You are permitted to print and download extracts from the Transaction Service for the Client's own use on the following basis:
6.1.1 No documents or related graphics on the Transaction Service are modified in any way.
6.1.2 No graphics on the Transaction Service are used separately from the corresponding text; and
6.1.3 Transfermate's copyright and trade mark notices appear in all copies.
6.2 The names, images and logos identifying Transfermate, their products and services, are proprietary marks of Transfermate. You acknowledge and agree that the content including without limitation the text, graphics, photographs or other material presented on the Transaction Service is protected by copyright, trademark, patents and other proprietary rights and laws. You are only to use the contents as authorised by Transfermate. For the purposes of these terms, any use of extracts from the Transaction Service other than in accordance with clause 6.1 for any purpose, is prohibited. Breach of these terms will result in immediate termination of your trading account whereby you must on request from Transfermate immediately destroy any downloaded or printed extracts from the Transaction Service.
6.3 Subject to clause 6.1, no part of the Transaction Service may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Transfermate's prior written permission.
6.4 Derivative use of the Transaction Service is prohibited, including any use of data mining, robots or similar data gathering, reverse engineering and extraction tools with the intent of damaging the Transaction Service.
6.5 Any unauthorised use will terminate this license granted by Transfermate. This license is conditioned on your continued compliance with these terms and any rights not expressly granted in these terms are reserved.
7. Disclaimer
7.1None of the information contained in the Transaction Service constitutes, nor should be construed as foreign exchange advice.
7.2While Transfermate endeavours to ensure that the information on the Transaction Service is correct, Transfermate does not warrant the accuracy and completeness of the material on the Transaction Service. Transfermate may make changes to the material on the Website or Transaction Service, or to the products and prices described in it, at any time without notice. The material on the Website or Transaction Service may be out of date, and Transfermate makes no commitment to update such material.
7.3The material on the Transaction Service is provided "as is", without any conditions, warranties or other terms of any kind either expressed or implied. Accordingly, to the maximum extent permitted by law, Transfermate provides the Transaction Service on the basis that Transfermate excludes all representations, warranties, conditions and other terms (including, without limitation) the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Transaction Service.
8. Liability
8.1Transfermate, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of Transfermate's officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to your or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or other loss or damages) arising from or connected in any way to business interruption, and whether in tort, contract or otherwise in connection with the Transaction Service in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or downloading of any material from the Website or any websites linked to the Website.
8.2 Nothing in these Terms will exclude or limit Transfermate's liability for;
8.2.1 death or personal injury caused by negligence, or
8.2.2 fraud; or
8.2.3 misrepresentation as to a fundamental matter; or
8.2.4 any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on the Transaction Service results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
8.4 Transfermate is entitled to assume that all Transactions made using your username and password are authorised by you. Transfermate will not be liable in any way for any direct, indirect or consequential loss suffered by you as a result of;
8.4.1 any Transaction conducted using the your username and password; or
8.4.2 any suspension, withdrawal or termination of your access to Transfermate's Transaction Service; or
8.4.3 interruptions to the Transfermate's Transaction Service.
8.5 You indemnify and hold Transfermate harmless against any and all loss suffered by Transfermate, which may result from your misuse of Transfermate's Transaction Service or breach of these terms.
8.6 Access to the Website or Transaction Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Transfermate's control and Transfermate will incur no liability.
9. Market Information
9.1 Transfermate make available market information services generated internally containing, but not limited to financial market data, rates, news, charts or data. Market information provided on this Website or in email format is not intended as foreign exchange advice.
9.2 Transfermate does not guarantee the accuracy, timelessness, completeness or correct sequencing of the market information. Transfermate reserves the right to discontinue offering market information at any time without notice.
10. Foreign Exchange Rates
10.1 The facilities offered on Transfermate's Transaction Service include real time instantly tradable rates. Without limiting the foregoing, "realtime" rates viewed on the Website and Transaction Service, particularly in times of high volumes of trading and market volatility, may not be reflective of the current price of the currency. Due to the automation of this service, errors in quoted rates may occur on limited occasions under some circumstances. In such cases Transfermate may in its sole discretion decline to complete Transactions based on such erroneous rates and will notify you as soon as possible after it determines not to complete any such Transactions requested under your username and password. In all such cases Transfermate will justify such actions.
11.Cancellation of Client Access
11.1 Transfermate may suspend or withdraw your access to the Transfermate Transaction Service at any time without prior notice if:
11.1.1 you have breached these terms or have acted fraudulently.
11.1.2 Transfermate learns;
(a) of your death, bankruptcy or lack of legal capacity; or
(b) that you have committed an act of bankruptcy or that a bankruptcy petition has been presented against you; or
(c) if the Client is a company, that a liquidator or receiver has been appointed in respect of the Client's assets.
11.1.3 Transfermate otherwise deems such suspension or withdrawal necessary or appropriate, in its sole discretion.
11.2 You may cancel the User's access to the Transfermate Transaction Account at any time by giving Transfermate written notice. You will remain responsible for any Transactions made on your account through the Transaction Service up until access to your account is actually disabled.
11.3 Transactions in respect of which you have given Transfermate instructions and which are to be made after your access to the Transfermate Transaction Service is terminated or suspended will not be effected.
12. Governing law and jurisdiction
12.1 These Terms of Use and any disputes arising out of or related to the Transaction Service are governed by and interpreted by the laws of Ireland, and each party hereto irrevocably submits to the exclusive jurisdiction of the courts of Ireland. This is the case regardless of whether you reside or transact business with Transfermate elsewhere in the world.
12.2 Without limiting the foregoing, you acknowledge and understand that laws regarding foreign exchange contracts vary throughout the world, and it is your obligation alone to ensure that you fully comply with any law, regulation or directive, relevant to your country of residency with regards to the use of the Transaction Service. For avoidance of doubt, the ability to access to the Transfermate Transaction Service does not necessarily mean that the services, and/or your activities through it, are legal under the laws, regulations or directives relevant to your country of residence.