Terms and Conditions


 

ETIHAD FOREX

The Services set out in this document are provided to you by Etihad Forex (ABN 37 641 492 408) (“Etihad Forex”, “we”, “us”, and “our”). If you require clarification about any portion or all of these terms and conditions, or require a copy of the terms and conditions for your record, please send us an email on compliance@etihadforex.com.au.

INTRODUCTION

Welcome to Etihad Forex. It is very important that you very carefully read these terms and conditions. These terms and conditions explain the terms on which you are allowed to use the website including but not limited to, instructions you give us, transactions we make acting on your instructions, logging on to the platform, making payments through, using the platform, browsing, and utilizing any resource available on the website.

When you access and use this website in any of the aforementioned ways, you are agreeing to be bound lawfully by these terms and conditions, and you must discontinue using the website and its provided services if you do not agree with all or any of these terms.

CHANGES

As long as this does not have any adverse effect on the quality of the service (as required by law or relevant safety requirements or for no or any reason at all), Etihad Forex has the right to occasionally make changes to the service or to these terms and conditions.

We will make sure to indicate the last updated date on this page every time that we change these terms, and we will take your use of the Etihad Forex website and services after any such change as your agreement to be lawfully bound by the terms and conditions as changed.

THE SERVICE

The Etihad Forex is a service that allows users to send money internationally from Australia to other countries served by Etihad Forex.

It is strongly recommended that you use the service to only send money to family, friends and people that you know personally, and not to strangers.

BASIC DEFINITIONS

The terms, Etihad Forex", "us", "we", “the company” and "our" refer to Etihad Forex, an Australian based company, management, employees, successors, and assignees.

The terms "you", “user”, and "your" refer to all users of the service, whether these users are recipients or senders.

The term “sender” refers to a user who uses the service to send money to other individuals, while a “recipient” refers to a user who uses the service to receive money from others.

A transaction is a term that refers to an order to send money through the Etihad Forex service.

The term, "transaction amount" refers to the amount in Australian dollars that the sender provides to Etihad Forex to be transmitted to the recipient, while the term "pay-out amount" refers to the amount received by the recipient.

ELIGIBILITY

If you desire to use our service, you must not be less than 18 (eighteen) years of age, and must have the capacity to form legally binding contracts under Australian and other relevant laws. You must be living in Australia.

You may under no circumstances receive or send a transaction on the behalf of another individual.

While we offer an international service, you understand and accept that we will only be able to offer our service to you if you are living in Australia or in a country where Etihad Forex operates.

You also accept that we have the authority to deny or block accounts where the information contained in the application for registration corresponds with data from the sanctions lists provided by the Australian DFAT consolidated list and other international sanctions lists.

ACCOUNT REGISTRATION AND SECURITY DETAILS

In order to use our services - transfer funds to any recipient living in the countries in which Etihad Forex provide services outside of Australia in their local currency, you will be required to open and operate an Etihad Forex user account. To do so, you must provide us with your name, contact address, phone number, email address, and any other relevant detail that we ask you to provide. Failure to provide any required information means that we may not allow you to create a profile.

You, however, understand that we may in our discretion stop you from creating a profile, for no or any reason at all. Where we make a decision to not allow you create a profile, we will do our best to notify you as soon as possible.

You must provide us with correct, detailed, and honest information, if we are to deliver our service to you, and we may refuse to provide said service where we find you to have provided incorrect, inaccurate, or dishonest information.

You must immediately inform us if information provided by you changes at anytime.

You are only allowed to create one profile, and may not operate multiple accounts.

You are prohibited from creating a profile on behalf of another individual, and must under no circumstances permit third parties to use your account.

We will deem all transactions occurring under your account to have been initiated and approved by you. This is why it is of the utmost importance that you immediately inform us if you suspect a breach of your account.

By creating an Etihad Forex user profile, you accept and admit that this does not in any way establish a standing arrangement with us to make subsequent transactions as per your instructions.

You accept that you must give instructions for each transaction under a separate transaction term and must accept each transaction term before you instruct us to proceed with that transaction.

We will also require you to create a security credential in order to be able to transfer funds using your profile details. It is important that you keep your security details secret and private. To do this, we encourage you to memorize the security details rather than keep a written record of them on paper, your mobile phone, or on your computer. We also advise that you do not use a security detail that is easily guessed or deciphered i.e. your driver’s license number, phone number, or your date of birth.

You, and only you, must have access to your security details, and must immediately change the details if you suspect that a third party has accessed your security credentials.

RECIPIENT DETAILS

In order for you to be able to successfully transfer funds to recipients, you will be required to provide us with recipient details such as recipient name, address, phone number and other details that we deem necessary.

You accept that failure to provide these details may mean that we will be unable to provide the service to you.

TRANSACTIONS AND PAYMENT INSTRUCTIONS

In order to give us a payment instruction, you must register and operate an Etihad Forex user account that is active and has not been terminated or closed. You must also agree to these transaction terms, and must have read and accepted our other agreements, including our privacy notices.

In order to submit a transaction instruction, you must log into your profile. When you give us an instruction, you will transfer transaction amount and all applicable fees by following the given payment methods in Australian dollars; retain all applicable fees; change the transaction amount into the foreign currency applicable in the recipient’s jurisdiction at the prevailing exchange rate; and initiate the transfer of the amount to the recipient in the recipient’s foreign currency.

You however acknowledge that it may take up to two (2) business days or more before your recipient may be able to collect or withdraw transferred funds, subject to any limitations, including those imposed by law.

Our transaction agreement with you will only be deemed as effective once we have received the transaction amount and all relevant fees.

You understand and accept that we have the power to refuse your instruction for any of the following reasons:

Your user account has been closed or suspended;

You are not the authorised holder of the account you made payment from or the details you registered on your profile;

Such refusal is required for us to protect our systems and/or to protect us or you from fraud or other illegal activities;

Where we reasonably believe that acting on your instruction may cause us to breach any relevant laws;

Where we reasonably believe that you are acting in fraud;

You have not provided all necessary information required for us to complete the transaction;

Your intended recipient resides in a jurisdiction we cannot make a transfer to;

We reasonably believe that your intention for transferring funds is related to illegal activities such as gambling, the promotion of sexually-oriented materials, or the sale or purchase of tobacco or drugs;

Where we reasonably believe that you constitute a form of fraud, credit, or liability risk that is unacceptable to us and other users;

Where you have provided misleading, incorrect, or incomplete information;

Where we discover that you provided yourself a cash advance from your credit card; and/or

You are accessing and attempting to use our service from a country outside of Australia;

PAYMENTS AND OTHER CHARGES

You must pay us any amount involved in a transaction including but not limited to, service fee (where applicable) for each transaction that we carry out on your behalf. All service fees are payable at the time of transaction submission.

You agree to reimburse Etihad Forex for all chargeback fees or other similar costs that may be associated with your transaction. You accept that we will not be liable for any additional fees that your financial institution may impose while making payment on your transaction.

The fees that are payable to us for each transaction (or as may apply) are as follows:

Service fee: This is a fee that is payable to us for our help in facilitating your transaction. It is payable (where applicable) for each transaction instruction that you give us.

Third party fees: This is an amount payable to third party service providers where the use of these third party service providers is required to complete your transaction. Etihad Forex will not be liable for any amount payable to or deducted by a third party service provider involved in fulfilling a transaction. You understand that third party fees may be payable from the total amount transferred and may cause amount received by the recipient to be less than what was originally sent.

REMITTANCES

It is our policy to liaise with service providers such as third party outlets and local banks to make funds available to recipients. As a sender, represent that you are appointing as your agent for the purpose of receiving funds transmitted through us.

You also accept that we may require recipients to provide a means of identity validation before any funds are released to them. We may also require recipients to provide a reference number or a similar transaction-associated identifier.

RESTRICTIONS AND DELAYS

We reserve the right to discontinue or modify all or any part of the service at any time.

We have the right to limit the amount to be transferred or refuse any transaction, whether on an aggregated basis or as per transaction, on all types of accounts.

We also have the right to delay your transaction while we validate that payment you have made to us is received or to otherwise manage our financial risk or comply with laws.

Under specific circumstances, you may be entitled to a refund. You may also cancel your pending transaction at any time.

You may not modify or change the details of your transaction once you have submitted such transaction to us for processing. You must therefore always ensure that your transaction details and instructions are always accurate.

CANCELLATIONS AND RETURNS

Cancelling before you have received a notice of confirmation: If you have not yet received a notice of confirmation from us and you wish to cancel your transaction, you may contact us in writing (by sending an email to aud@etihadforex.com.au) or by (by calling us on +61 435 321 219) to cancel your order. Your cancellation notice must state your name, your order tracking number, address, and the service description.

Cancellation after you have received a notice of confirmation: We will only be able to honour cancellation notices that we receive if we have not yet completed the transaction, or that we receive within seven (7) working days from the date of the notice of confirmation, whichever is applicable. All cancellation notices that reach us once we have completed your transaction or later than seven (7) working days from the date of the notice of confirmation will not be honoured.

We will consider the transaction to have been completed where payment has been deposited into the beneficiary’s bank account or have already accessed the funds. You may contact us in writing (by sending an email to aud@etihadforex.com.au) or (by calling us on +61 435 321 219) to cancel your order. Your cancellation notice must state your name, your order tracking number, address, and the service description.

Once we have gotten your cancellation notice, we will send you any other necessary instructions which you will be required to follow. Upon your provision of all required information, we will refund the purchase price to you less all applicable charges.

You may not place an order cancellation request under these circumstances:

Where you have agreed to our provision of the service before the end of the cancellation period;

Where the service has been incorrectly described or priced.

Whilst we try our best to ensure that the information on this website is precise, mistakes do happen. Where we have incorrectly advertised the price and/or depiction of an item on the website, we will not be obligated to provide or sell those services to you.

We may at our discretion, either deny your order with notice, or inform you as soon as we can and give you the choice of reconfirming at the correct price and/or description or cancelling your order where we discover the error before we have sent you a notice of confirmation. If we do not get a response from you in such a case within 14 (fourteen) days, we will reject your order.

We may, using our discretion, cancel the agreement (and notify you of such a cancelation) after we have sent you a notice of confirmation, provided that the error is, in our sensible opinion, evident and obvious and could have been reasonably recognized by you.

We will issue you a full refund where your order is cancelled or rejected after you have made full payment for the service.

We may sometimes deliver our service in instalments i.e. make payment to the recipient’s account in instalments. You have the right to, in such a case, cancel the outstanding part of your order and receive a refund for the outstanding service.

PROCESSING REFUNDS

It is our policy to send you a notification through email in a reasonable time period as per any refund. We will do all we can to process all refunds within 30 (thirty) days of confirmation of your refund eligibility.

RISK

You accept that we will not be liable for the delivery or quality of the services that you pay for, and you agree that you use the service at your own risk.

PROHIBITED USES

  • Do not use the service for commercial reasons or to send money to people that you do not know.
  • Do not use the service in violation of these terms and conditions or in the breach of relevant laws, regulations or rules.
  • Do not use the service to send sexually-oriented materials or services.
  • You may not use the service to fund or promote the sale or consumption of tobacco or tobacco related paraphernalia, firearms, or prescription drugs.
  • You may not use the service to promote or fund terrorist organizations or gambling activities, or to facilitate money-laundering or fraud.
  • You may not use the service to transfer money to a recipient who is in violation of these terms and conditions.
  • You may not use the service to transfer money to certain recipients who are included in non-cooperative countries and territories list or on the Specially Designated Nationals list, and such other lists as issued by Australian government and other law and enforcement agencies.
  • You may not refuse to provide confirmation of your identity, refuse to cooperate in an investigation or use an anonymizing proxy in your use of the service.
  • You may not attempt to illegally access any information that we have stored on our service.
  • You may not permit any other individuals to use your account for transactions.
  • You may not use any device, software, or procedure to interfere with the proper working of Etihad Forex.
  • You may not provide yourself or others with a cash advance from your credit card in your use of our service.
  • You may not use the service to promote other services, websites or businesses.
  • You may not use the service to solicit for other users’ businesses.
  • You may under no circumstances interfere with any other individual’s use of the website.
  • You may not transmit sexually explicit, sexually suggestive, threatening, abusive, racist, or slanderous content, or content that offends other users’ political or religious beliefs through the service.
  • We may stop your use of the website, report you to law enforcement agencies, and/or hold you liable if we find you to have breached any of the provisions of these terms.

COPYRIGHT POLICY AND INTELLECTUAL PROPERTY

All the materials that we make available on this website, including but not in any way limited to graphics, video clips, icons, designs, pictures, and written text, are controlled, copyrighted, trademarked, or licensed by Etihad Forex, an Etihad Forex affiliate or by third party licensors.

All materials that we make available on this website are protected by Australian and international laws pertaining to copyright. All rights fully reserved.

Etihad Forex, the website, button icons, service names, scripts, logos, and page headers provided through or made available on the website are trade dress or trademarks of Etihad Forex in Australia and other countries.  You may not violate our trade marks in any way.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

WE PROVIDE THE WEBSITE AND SERVICE AS IS AND AS IS AVAILABLE. WE ARE NOT MAKING ANY REPRESENTATIONS AS PER THE APPROPRIATENESS, AVAILABILITY, OR PRECISION OF THE SERVICE.

WHILE WE DO ALL WE CAN TO ENSURE THAT ALL TRANSACTIONS ARE COMPLETED IN A TIMELY FASHION, WE DO NOT IN ANY WAY MAKE ANY REPRESENTATIONS AS PER THE PROCESSING TIME.  UNDER NO CIRCUMSTANCE MAY YOU HOLD US ACCOUNTABLE FOR TRANSACTIONS NOT COMPLETED IN A TIMELY MANNER. YOUR ONLY RECOURSE FOR ANY DELAYED TRANSACTION IS TO REQUEST FOR A REFUND, AS PER OUR REFUND POLICY.

WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR THE CREATION AND MAINTENANCE OF A PROFILE; ANY UNAUTHORISED ACCESS TO YOUR PROFILE INCLUDING WITHOUT LIMITATION ANY UNAUTHORISED TRANSACTIONS DONE UNDER YOUR PROFILE; YOUR INABILITY TO USE THE SERVICE AS A RESULT OF THE FAILURE OF ALL OR A PORTION OF THE TECHNOLOGY USED TO PROVIDE YOUR PROFILE AND THE SERVICE; THE OCCASIONAL UNAVAILABILITY OF YOUR PROFILE AND THE SERVICE;  THE CORRUPTION OR LOSS OF ANY INFORMATION OR DATA STORED ON YOUR PROFILE OR ACCOUNT; AND/OR ANY DELAY, ERROR OR INACCURACY IN, OR ERROR FROM, ANY INFORMATION PROVIDED TO YOU.

WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY DIRECT, IMPLIED, CONSEQUENTIAL OR SPECIAL LOSS WHICH WITHOUT LIMITATION INCLUDES THE LOSS OF REVENUE, FUNDS, GOODWILL OR PROFIT ASSOCIATED WITH YOU OPENING AND MAINTAINING AN ETIHAD FOREX ACCOUNT.

WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY OVERDRAWN ACCOUNT OR A RECIPIENT NOT RECEIVING A FULL AMOUNT AS A RESULT A RESULT OF YOUR USE OF OUR SERVICES; FOR THE AVAILABILITY, CONVERTIBILITY OR TRANSFERABILITY OF ANY CURRENCY; AND/OR OUR INABILITY TO CREDIT YOUR PAYMENT DEVICE OR CONTACT YOU IN REGARDS TO ANY TRANSACTION CANCELLATION.

WE WILL NOT BE LIABLE TO YOU FOR OUR FAILURE TO PERFORM WHETHER PARTIALLY OR FULLY, OR OUR DELAY IN THE PERFORMANCE OF OUR OBLIGATIONS TO YOU BROUGHT ON BY EVENTS THAT WE COULD NOT HAVE FORESEEN AND CANNOT CONTROL, OUR COMPLIANCE WITH RELEVANT REGULATIONS AND LAWS, THE SUSPENSION OF OUR SERVICE AS A RESULT OF SYSTEMS MAINTENANCE AND UPGRADES, A MALFUNCTION OF THE TECHNOLOGY WE USE TO PERFORM OUR SERVICE, AND/OR THE OCCURRENCE OF A DISPUTE BETWEEN YOU AND A THIRD PARTY.

WE WILL NOT BE LIABLE TO YOU FOR THE OCCASIONAL UNAVAILABILITY OF THE SERVICE, AND/OR ANY DELAYED, BLOCKED, OR FROZEN TRANSACTIONS BY US OR OTHER FINANCIAL INSTITUTIONS.

UNDER NO CIRCUMSTANCES SHALL ETIHAD FOREX BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES RESULTING FROM NEGLIGENCE ON THE PART OF ETIHAD FOREX, OR THIRD PARTY PROCESSORS, INCLUDING WITHOUT RESTRICTION DAMAGES FOR THE LOSS OF DATA, USE, GOODWILL, PROFITS, OR OTHER INTANGIBLE LOSSES, EVEN IF ETIHAD FOREX HAS BEEN WARNED OF THE LIKELIHOOD OF SUCH DAMAGES.

TO THE FULLEST DEGREE ALLOWED BY LAW, OUR LIABILITY TO YOU WILL BE LIMITED TO THE RE-SUPPLY OF THE SERVICE.

YOU ARE AGREEING TO BEAR ALL THE RISKS INVOLVED AND TO BEAR THE RESPONSIBILITY FOR COMPLYING WITH ALL RELEVANT INTERNATIONAL AND COUNTRY LAWS AND REGULATIONS IN YOUR USE OF THE SERVICE.

YOU HOWEVER UNDERSTAND AND ACCEPT THAT WE HAVE NOT INTENTIONALLY INCLUDED A TERM OR PROVISION THAT MODIFIES, EXCLUDES, OR INTENTS TO MODIFY OR EXCLUDE YOUR CONSUMER STATUTORY RIGHTS PROVIDED FOR IN AUSTRALIA UNDER THE COMPETITION AND CONSUMER ACT.

SET-OFF AND DEBT RECOVERY

You accept that we have the authority to set-off any amount owed by us to you against any amount payable by you under any arrangement with us.

You understand and accept that no portion or clause of these terms and conditions prohibits Etihad Forex from taking immediate formal or legal action in any court of justice for recovery of any amount you may owe to Etihad Forex.

INDEMNITY

You hereby agree to underwrite and hold Etihad Forex innocent against any resulting loss, attorneys’ fees, costs, expenses, awards, judgments, and damages arising in connection with your breach of these terms, as well as for any third parties claims arising out of your use of the service or your breach of these terms, including but not limited to:

  • A recipient’s claim or a claim from any other third party against us that is not for a failure to comply with these terms and conditions;
  • Your failure to carry out your obligations and duties under these terms;
  • Your breach of any law or your failure to obey any sanctions or directives in your use of the service;
  • Your failure to pay all applicable charges under our payment and transaction terms;
  • Your payment that we received but were consequently required to pay back;
  • Our acting in good faith on your instructions or instructions thought to have originated from you; and/or
  • Etihad Forex enforcing its rights in connection with these terms and conditions.

DISPUTE RESOLUTION

We will do our utmost to understand and resolve any concerns that you may have with us, and ask you to reach us by email to discuss any dispute you have with us or with these terms and conditions.

You accept that all differences and disputes arising in connection with these terms and conditions shall be subject to arbitration under Resolution Institute of Australia’s Arbitration Rules.

You have the following procedures and practices in place with regard to dispute resolution.

Call us: You can call us and speak to your contact person at Etihad Forex. After you have explained your issue in detail, we will take immediate action on your complaint and resolve it as early as possible. We work to sort out and settle most of the issues and complaints at the beginning stages in order to ensure minimum inconvenience to both you and us.

 

Forward your unresolved complaints to a designated officer: If your issue is not solved to your satisfaction at the initial stage, you can raise the matter with our Compliance Officer. You can reach our Compliance Officer through email. Remember to provide all the relevant details so that we can investigate and solve your issue as quickly as we can.

Contact Details

Call: +61 435 321 219

Email: compliance@etihadforex.com.au

 

Australian Financial Complaints Authority (AFCA): If your complaint is still unresolved or the outcome is to your satisfaction, you can use the services of AFCA and can lodge a written complaint with them.

Australian Financial Complaints Authority

GPO Box 3

Melbourne VIC 3001

Telephone: 1800 931 678

Fax: 03 9613 6399

Email: info@afca.org.au

Website: www.afca.org.au

 

GOVERNING LAW

These terms and conditions are administrated under Australian laws and shall be so governed, and all performed activities under the service shall be considered to have been performed in Australia.

If any portion or clause of this agreement is found to be not aligned with Australian Law, in such a case, Australian law will prevail and the respective portion or clause will not have any effect.

TOTAL AGREEMENT

These terms and conditions shall be deemed the full contract between you and Etihad Forex and shall administrate your use of the service, and shall supplant all prior contracts and arrangements between you and Etihad Forex.

NO WAIVER

Etihad Forex’s delay or failure of to enforce or exercise any provision or right of this agreement shall not be considered a waiver or future waiver of such right or provision.

SEVERABILITY

If any portion or clause of this agreement is found to be unenforceable, invalid, or contrary to the law, both parties agree that such a portion or clause will be considered as severable and will not have any kind of effect on the legitimacy and authority of all residual portions or clauses.

ASSIGNMENT

These terms and conditions are not assignable by you without our prior written consent. However, we may assign these terms of use at our sole discretion.

FORCE MAJEURE

You agree not to hold us liable for any delay or failure in the performance of the Etihad Forex service where such a delay or failure is brought about by events beyond our reasonable control, including but not limited to natural disasters such as flood, fire, or earthquake; war; civil unrest; internet or power failure; sovereign default; unavailability or closure of required network and physical infrastructure; and/or changes in applicable laws.

COMMUNICATIONS

You accept that these terms and conditions shall be entered into electronically, and that these categories of information may be provided by electronic means:

These terms and conditions and any reviews;

All user transactions records;

Any notices or disclosures provided in connection with the service, including but not limited to those required by state or federal law;

All customer service communications;

Any other communication related to Etihad Forex or the service.

SUSPENSION AND TERMINATION

We may, at our discretion, temporarily suspend or permanently stop your use of the service for the following reasons:

You have an incomplete or falsified profile;

The suspension or termination is required to protect Etihad Forex from incurring further damages;

It is required to protect our system against illegal activities such as fraud;

We reasonably believe that your intention for transferring funds is related to illegal activities such as gambling, the promotion of sexually-oriented materials, or the sale or purchase of tobacco;

Where we reasonably believe that you constitute a form of fraud, credit or liability risk that is unacceptable to us and other users;

Where we discover that you provided yourself a cash advance from your credit card; and/or

You are accessing and attempting to use our service from a country outside of Australia.

You may also at any time terminate this agreement with us by sending us an email, requesting your profile to be deleted.

 

Version: 1.1

Updated on: 15/12/2020