The Customer, as
a user of Custom House Online Services, and Custom House Currency Exchange
(Australia) Pty Ltd are the Parties to this Agreement.
In consideration of the covenants, agreements and warranties set forth below, the Customer and Custom House agree as follows:
In this Agreement:
2.1 Representations and Warranties
The Customer represents and warrants to Custom House that:
2.2 Acknowledgement by Customer
The Customer acknowledges that Custom House has entered into this Agreement and will enter into the transactions contemplated by this Agreement in reliance on the representations and warranties in 2 above.
authorises Custom House to transmit the Customer’s personal account application
and agreement to the Customer at the email address the Customer has provided in
its application. The Customer understands that data and information transmitted
over the Internet can be lost and/or subject to errors, which may result in
data and information not arriving exactly in the form it was sent or intended
to arrive in.
The Customer agrees that Custom House shall not be responsible or liable for any such loss, error, transmission and/or communication failure that is outside of the control of Custom House, including, but not restricted to, any loss, error, and/or transmission failure, which the Customer may experience as a result of the Customer’s failure to keep its hardware, software, and Internet connections up-to-date, including failing to update its software to the latest versions of the relevant internet browser, including but not restricted to Internet Explorer, Firefox, Google Chrome, or Safari and maintaining 128-bit encryption.
The Customer understands that, under applicable privacy legislation, Custom House is only responsible for the security and integrity of the information under its control.
4.1 Customer’s personal information is processed under the applicable law and controlled by Custom House, in accordance with this clause. Custom House uses personal information the Customer provides to Custom House when using Custom House’ products and Services, as well as other information that is collected or generated during Custom House’ relationship with Customer. This includes information from other services like money transfers, bill and business payments, loyalty or membership program details, historical transactions, and marketing choices. This information is used to provide Customer with the Services Customer agreed to and activities like administration, customer service, anti-money laundering duties, validate Customer details, to complete analysis and research, to help prevent and detect of fraud, debt and theft recovery, and to help Custom House improve its products and services and operations.
4.2 Custom House may also use, collect from and share with other businesses who work with Custom House information from other products and services and convenience and/or rewards programs, which Customer has registered for during Customer’s relationship with Custom House. Custom House will hold and retain the information that Customer gives Custom House about another person including the details of any of Customer’s nominated beneficiary’s in order to execute the transaction. It is the Customer’s obligation to ensure prior to providing this information that Customer has notified and secured authorization from the other person on Custom House’ use and disclosure of this information as set out in this section.
4.3Custom House may transfer information to affiliates in countries other than the country in which the information was originally collected or created, including to affiliates in the United States. Custom House may also provide the information to other organizations that help Custom House run its business, if there is a reasonable need, to carry out or aide the payment services, future services, or for any of the reasons or uses set out in this section. Custom House may add to information Customer provides with information available from other business or individuals, including information to validate the accuracy of Customer information provided by Customer. Custom House may disclose personal information, including without limitation, name, customer ID number, address, transaction patterns and bank account information, (i) if required to do so by domestic or foreign law or legal process or (ii) to law enforcement authorities or other government officials (including those in this country, the United States, or elsewhere) for purposes such as detecting, investigating, prosecuting and preventing crimes, including money laundering and related criminal activity, and the recipients may further disclose the information for these and other related purposes.
4.4 The information Custom House holds may be accessed by Custom House and its affiliates including but not limited to any authorized Custom House Service Providers for any of the purposes set out in this section or for other purposes to which Customer has agreed. Customer has a right to ask Custom House to see and get a copy of Customer’s information, which Custom House may charge a small fee. Customer can also correct, erase or limit Custom House’s use of the information which is incomplete, inaccurate or out-of-date. And Customer may object at any time on legitimate reasons to the use of Customer’s information, where the processing is not required to complete the Service, or required by law or regulation. If Customer wishes to exercise these rights or no longer wish to receive commercial communications from Custom House, please contact Custom House by emailing firstname.lastname@example.org or alternatively by writing to: Privacy Office, Custom House Currency Exchange (Australia) Pty Limited, Level 12, 1 Margaret Street, Sydney NSW 2000 Australia.
5.1. Disclosure. The Customer understands that WUBS takes appropriate measures to ensure that it is not participating or assisting in money laundering or terrorist financing. The Customer agrees that WUBS, at its sole discretion, may disclose any transaction related information in order to satisfy WUBS’s legal obligations under applicable law, including, but not limited to, anti-money laundering, trade and economic sanctions laws and/or regulations, or as may otherwise be required by law or court order. Furthermore, such disclosure may be made to any governmental agency, body or department that exercises regulatory or supervisory authority with respect to WUBS’s operations, where such disclosure is made to satisfy routine governmental audit or examination requirements or as part of informational submissions required to be made to such governmental entities in the ordinary course of business.
5.2. Additional Information. Upon request, the Customer agrees to provide any additional information that WUBS may need to satisfy its obligations under section 5.1.
5.3 Transaction Processing. The Customer understands, acknowledges and agrees that all transactions, wherever originated, may be proceed by WUSB or may be processed on behalf of WUBS by one or more of its affiliated WUBS Group companies, one or more of which may be located outside the country of customer. As such, all transactions, wherever originated, shall be processed in accordance with the laws and regulations of the jurisdiction where the transaction is being processed, including but not limited to, those laws and regulations relating to anti-money laundering, anti-terrorism and foreign asset control.
5.4 Due to the inherent risks in transferring Currency between entities located in different countries, WUBS is required to take measures to ensure that it is not participating or assisting in money laundering or terrorist financing. The Customer understands that law enforcement and regulatory agencies may periodically inspect all Trades executed with WUBS either by the consent of WUBS or pursuant to applicable law. Therefore, the Customer understands that all information regarding Trades, accounts, and related transactions could potentially be disclosed by WUBS to, and reviewed by, law enforcement and other regulatory agencies in accordance with applicable law. WUBS shall have no liability to Customer in the event a Transaction is delayed, withheld, interdicted, or seized by any governmental authority, person, or entity acting in accordance with applicable law.
To access Custom House Online Services, the Customer must first choose a unique username and Password. In the event that Custom House assigns a Password to the Customer, the Customer must change the Password to a new one. Custom House will neither have knowledge of nor record any Password selected by the Customer.
agrees to provide Custom House with the name and contact information for a bank
at which the Customer maintains an account in a country where the Customer
The Customer authorises Custom House to contact the Customer’s bank to verify the Customer’s identity, signature, account information and any and all other information relevant to this Agreement and the Customer obligations under this Agreement. By providing said bank information, the Customer represents and warrants that the Customer has signing authority on the account described.
The Customer further authorises Custom House to take all commercially-reasonable measures to confirm the Customer’s identity and to examine the Customer’s background with respect to the Customer’s ability to meet the Customer’s obligations to Custom House. For the purpose of this Agreement, reasonable measures will include but are not limited to the following:
8.1 Trade Password, Trade Completion
Customer accesses Custom House Online Services through the web or by telephone
and engages in a trade, the Customer shall self-identify by entering or
providing the required Password. If Custom House assigned a Password to the
Customer, the Customer must change it to a new Password of the Customer’s
choice. Custom House will not know the new Password or any subsequent Passwords
selected by the Customer.
Before Custom House shall consider each trade to be final, the Customer must clearly authorise, consent to, accept and finalize each Trade using Custom House Online Services. Custom House shall deem a trade done when the Customer, in the following order, performs the following: 1. Enters the Customer’s Password and accesses Custom House Online Services through the web or provides the password verbally by telephone. 2. Enters the required transaction information into the fields provided by Custom House Online Services or provides the transaction information verbally by telephone. 3. Completes and accepts the Trade by clicking on the “Confirm Trade” button or in the case of a telephone initiated trade, by verbally authorising the Trade. Custom House may at any time without Notice to the Customer suspend, withdraw or deny access to the internet-based Custom House Online Services or decline to accept a Trade by telephone for any reason including but not limited to security, quality of service, failure by the Customer to pay an amount when due or breach by the Customer of any provision of this Agreement.
At the Customer’s completion of these steps, Custom House accepts the trade as final and is legally binding on the Customer.
8.2 Representations Made For Each Trade
All representations made in this Agreement with regard to trades shall apply each and every time the Customer accepts, finalizes and enters into a Trade.
The Customer shall indemnify and hold harmless Custom House from and against all claims made against it, costs, losses and expenses incurred by Custom House arising out of, or in respect of, any claim that an employee or other person who uses the Customer’s password was not authorised to enter into a Trade on the Customer’s behalf and/or provide Custom House with settlement and delivery instructions for completed Trades. This indemnity will survive the completion of any Trade or the termination of this Agreement.
8.4 Responsibility for Unauthorised Access
must be completed using the logins and passwords allocated to the Customer by
Custom House and valid entry of such a login and password will constitute an
authorisation by the Customer to complete the Order specified irrespective of
whether the login and password are entered by the Customer.
The Customer must ensure that the logins and passwords are kept secure and confidential. The Customer will advise Custom House immediately if the Customer has any reason to believe that the login and passwords allocated to the Customer have not been kept secure and confidential.
The Customer will manage and control access to Custom House Online and the ability to conduct trades and receive other services, by strictly managing and controlling access to the Customer’s password.
It is the Customer’s responsibility to ensure that the Customer Password(s) do not become known to other parties.
All Trades and other uses of Custom House Online conducted through the Customer’s password, whether or not by unauthorised users, are the Customer’s responsibility and will be legally binding on the Customer. The Customer shall indemnify and hold harmless Custom House from and against any claims for damages, losses, costs, fees and expenses incurred by Custom House arising out of or in respect of any unauthorised use of the Customer’s password and this indemnity will survive the completion of any Trade or the termination of this Agreement.
The Customer will not be responsible for any unauthorised use or trade that occurs after Custom House has acknowledged to the Customer in writing receipt from the Customer of a direction to terminate use of the Password used.
8.5 Trade Confirmation
The terms of
each Trade will be set out in the Trade confirmation presented to the Customer
(as the person making the trade) on the Trade confirmation screen, which
follows the Customer acceptance of the Trade. For Trades completed by
telephone, the Trade confirmation will be delivered by email or facsimile. The
Trade confirmation is evidence of the completed Trade and the terms of the
The Trade will not be invalidated if, for any reason, the Trade confirmation is not presented to the Customer by Custom House Online on the Trade confirmation screen as a result of a computer malfunction or any other reason. If, for any reason, the Trade confirmation is not presented to the Customer, the records of Custom House with respect to that Trade will constitute conclusive evidence of the terms of the Trade. If a Trade confirmation is not presented to the Customer for any reason, the Customer should notify Custom House immediately by calling the Customer Support Number, and Custom House may provide the Customer with a confirmation by email or other means setting out the terms of the Trade. The Customer must promptly verify all Orders to ensure that the details of those Orders match the Customer’s records and the Customer will report any discrepancies to Custom House on the same day.
8.6 Nominated Beneficiary Account
must provide Custom House with details of the Nominated Beneficiary Account
prior to or on the date stated in the confirmation, or otherwise specified
orally or in writing by Custom House. Custom House will rely on the account
number specified for the Nominated Beneficiary Account and will not check to
ensure that the name provided by the Customer accords with the account number.
The Customer shall indemnify and hold harmless Custom House from any and all liabilities, claims, costs, expenses and damages of any nature, arising out of or relating to the Nominated Beneficiary Account being inaccessible for any reason.
8.7 Payment for Trade
Once a Trade has
been finalized and entered into following the Customer’s acceptance, the
Customer must make each payment or delivery required to be made by it under the
terms of the Trade in the Currency, in the amount, on the date and in accordance
with the settlement instructions for the Trade, as set out in the related Trade
The Customer must ensure that the bank account from which the Customer payment obligations under a Trade are to be made, (i) is in the name of the Customer; and (ii) contains sufficient cleared funds to settle the Trade on the Value Date for the Trade. If the bank account does not contain sufficient cleared funds to settle the Trade, the Customer will be liable for any resulting fees payable by Custom House with respect to the non-sufficient funds in accordance with the terms under which the Customer holds such account. For payments funded electronically, Custom House shall allow a reasonable period after the Value Date for the transaction to clear.
The Customer shall indemnify and hold harmless Custom House from and against any claims made against it, costs, losses and expenses incurred by Custom House arising out of, or in respect of, any Customer misrepresentation as to the bank account ownership. This indemnity will survive the completion of any Trade or the termination of this Agreement.
If the Customer fails to settle the Trade on the Value Date for the Trade, Custom House may, without limiting any other remedies that it may have, in its absolute discretion cancel the Trade, in which case the Customer will have to reimburse Custom House for any and all costs and expenses incurred by Custom House when it cancels the Trade and the Customer shall hold Custom House harmless for any losses suffered by the Customer or any third party as a result of cancellation of the Trade. Without limiting the generality of the foregoing, the Customer agrees that the Customer shall be liable to Custom House for all of the following arising out of the Customer breach of contract:
8.8 Trade Incorporated Into Agreement
Each trade is subject to this Agreement and the terms of each Trade set out in the related Trade confirmation are incorporated into this Agreement and form a part of this Agreement. This Agreement and the terms of each Trade together form the agreement between the Customer and Custom House and together constitute a single agreement between the Customer and Custom House. If there is any inconsistency between this Agreement and a Trade confirmation, the Trade confirmation will govern.
8.9 Cancellation of Trade
If, for any
reason, the Customer wants to cancel a Trade that has been finalized and
entered into the Customer may notify Custom House by calling the Customer
Support Number. Custom House may or may not have the ability to cancel the
Trade. The Customer understands that it is prudent to contact Custom House
immediately to make such a request.
Custom House may, at its sole discretion, use reasonable efforts to cancel the Trade, but the Customer understands and acknowledges that once the Trade has been finalized and entered into it is the Customer’s binding obligation and Custom House is not required to cancel the Trade.
If, after reasonable efforts are made by Custom House, it is determined the Trade is cancellable, then Custom House may cancel the Trade, but the cancellation of any such trade will be entirely within the sole and absolute discretion of Custom House.
If a trade is cancelled by Custom House at the Customer’s request, the Customer must reimburse Custom House for any expenses incurred by Custom House when it cancels the trade.
8.10 Date of Trade
If the Customer
selects the Value Date for the settlement of a Trade that is not a Business Day
in the legal jurisdiction in which any of the bank accounts from which the
Customer will be making or receiving payment for a Trade resides (i.e. if the
account is maintained at a bank in that jurisdiction), the Value Date for the
Trade will be the first day following the Value Date that the Customer selected
that is a Business Day in each of the jurisdictions in which such accounts
reside, notwithstanding anything to the contrary in the Trade confirmation.
Custom House will use commercially-reasonable efforts to process the Customer transactions in an expeditious manner. Custom House cannot control and is not responsible for the time it takes financial institutions to settle accounts. If a transaction is processed on the next business day for whatever reason, Custom House will not, in the absence of gross negligence or wilful misconduct, be responsible for failure, delays or errors in the completion of the transaction.
8.11 Rejection of Trade
Custom House reserves the right to reject any Trade that is incorrect, incomplete or unsatisfactory to Custom House for any reason and Custom House is not required to provide reasons for its decision.
8.12 Corrections To Trade
In the event
that the Customer notices an error in the confirmation, objects to the
confirmation, or believes that an unauthorised party has made a Trade on the
Customer’s behalf (collectively referred to in this section as an
"Objection"), the Customer must call the Customer Support Number immediately.
Within twenty-four (24) hours after calling the Customer Support Number, any such Objection must be confirmed in writing to Custom House, and it shall be deemed received only if actually delivered or mailed by registered mail, return receipt requested, to Custom House at its principal address or if sent by email, with confirmation of receipt from Custom House. If the Customer fails to object within the time frames specified Custom House will deem that the Customer ratified the Trade.
If the Customer
or any unauthorised user makes an error in the process of entering a Trade, the
Customer agrees that Custom House will not be responsible for any losses the
Customer incurs or delays the Customer experience as a result of such an error.
Custom House's inability or failure to detect and notify the Customer of any
error the Customer makes, regardless of the nature of such error, shall not
result in Custom House being held responsible for any losses suffered by the
Customer, including but not limited to in connection with delays the Customer
experiences or costs the Customer incurs as a result of such error.
The Customer agrees to indemnify and hold Custom House harmless from and against any and all claims, losses, liabilities, damages and costs, including, but not limited to, reasonable attorney's fees and out-of-pocket expenses, arising out of or related to any error that the Customer fails to correct or arrange for Custom House to correct. This indemnification shall be binding upon the Customer and will survive termination of this Agreement.
8.14 Reversing Trade
The Customer may
request that a Trade be reversed or amended. Custom House may, at its sole
discretion, attempt to reverse or amend the Trade. Custom House has no
obligation to cancel or amend a Trade. Custom House shall not be liable if any
such request to cancel or amend a Trade is not effected, nor shall Custom House
be liable for any service charges or currency rate differences involved in
reversing or amending a Trade.
If a trade is reversed by Custom House at the Customer’s request, the Customer must reimburse Custom House for any expenses, costs or losses incurred by Custom House when it reverses the trade.
8.15 Quoting Error
Should a quoting error occur due to a typo or obvious mistake in a quote, Custom House will not be liable for any damages, claims, losses, liabilities or costs arising from the quoting error. Custom House reserves the right to make the necessary adjustments to correct the quoting error. Any dispute arising from such quoting errors will be resolved on the basis of the fair market value, as determined by Custom House, in its sole discretion, of the relevant Currency at the time the quoting error occurred.
8.16 Default Interest
If the Customer fails to pay any amount payable by it under this Agreement, it shall immediately on demand by Custom House pay interest at the rate of 5% above the prevailing 3 month Bank Bill Swap Reference Rate as published by the Reserve Bank of Australia on the overdue amount from its due date up to the date of actual payment, both before, on and after judgment.
8.17 Authorisation Limits
8.18 Telephone Recording
The Customer acknowledges and agrees that Custom House may make an electronic recording of each telephone instruction received which recording remains the property of Custom House. The telephone recording can be used by Custom House to confirm the terms and conditions of any transaction where there is dispute with a Customer as to the terms or conditions of the transaction.
Custom House may
maintain a database of instructions the Customer or any unauthorised persons
who engage in a Trade or use Custom House Online with the use of the Customer
Password, have entered into Custom House Online. These records will be
conclusive and binding on the Customer or any other person in any dispute or
legal proceeding as the best evidence of the Customer’s Custom House Online
Trades in the absence of clear proof that Custom House's records are erroneous
Custom House is not responsible and shall not be held liable to the Customer for any payment that Custom House makes pursuant to incorrect settlement or delivery instructions given by the Customer to Custom House, including when said instructions are given by the Customer or any other person using the Customer’s Password. These records will be subject to Custom House's privacy policies.
If the Customer fails to make a payment or delivery when it is due under this Agreement or under a Trade, Custom House may, without prior notice, set-off any amount owed by the Customer to Custom House under this Agreement or under a Trade, against any amount owed by Custom House to the Customer, whether or not the amount is owed to the Customer under this Agreement or under a Trade.
The Customer may only enter into a Trade for the purpose of hedging the risk of movement in the value of a Currency but not for the purpose of speculation or investment. If Custom House suspects that Custom House Online has been used by the Customer for speculation purposes, Custom House may immediately terminate this Agreement, and Custom House shall be relieved of any obligations set out in this Agreement, including any obligations arising out of any Trade already placed with and accepted by Custom House.
The Customer shall be solely responsible for evaluating and selecting the timing and nature of all transactions entered into. The Customer must rely solely on his/her own judgement in determining whether the Custom House Online Services, or any incidental services provided by Custom House, are appropriate for the Customer's purposes. Any information provided to you by Custom House that may constitute general financial product advice does not take into consideration your personal objectives, financial situation or needs. Before acting on any advice provided to you by Custom House, you should consider how appropriate the advice is to your financial situation, needs and objectives. Please also read Custom House’s Product Disclosure Statement, which forms part of these terms and conditions.
believes that its market and other information is reliable insofar that it is
independently obtained from information sources and other providers that Custom
House believes to be reliable. However, the Customer understands and agrees that
Custom House and its information sources do not guarantee, for any particular
purpose, the timeliness, sequence, accuracy, completeness or fitness of this
Information provided by Custom House and made available through Custom House Online may include views, opinions and recommendations of individuals or organizations. The Customer understands and agrees that the availability of this information through Custom House Online does not constitute Custom House’s endorsement of any such views or opinions. The Customer further understands and agrees that Custom House does not provide professional advice through Custom House Online: information relating to investment, tax, accounting or law, which is included in Custom House Online, is to be considered information only and does in any way not constitute professional advice.
House will not be liable to the Customer for any loss, costs or damages that
the Customer incurs as a result of the Customer use of Custom House Online or
if Custom House Online or any Custom House Online Services are not available,
including, if for any reason, Custom House Online or any or all of Custom House
Online Services are not available during its normal hours of operation.
Without limiting the generality of the foregoing, Custom House will specifically not be liable: for communication malfunctions that affect the accuracy or timeliness of messages or instructions between the Customer and Custom House and/or which prevent messages from being transmitted in whole or in part; if the Customer makes errors, however careless, while entering information when using Custom House Online; if any person fails to log off a personal computer and an unauthorised Trade is entered into using Custom House Online; if, for any reason, Custom House Online cannot be accessed by the Customer, if Custom House Online does not function or is not available; or for any errors in/or malfunction of software.
14.2 Custom House will not be responsible for any loss, damages or injury suffered by the Customer by reason of any act or omission that occurred in the course of or in connection with the operation of any Electronic Access Device. Should inaccurate exchange rates (as determined by Custom House acting reasonably) be posted on Custom House’s website by us, such rates may not be honoured by Custom House, in our sole discretion.
14.3 Custom House’s liability to the Customer and anyone claiming through the Customer hereunder for a breach this agreement by Custom House shall be limited to the foreign currency value of the Order relating to the claim, determined as at the Value Date.
14.4 NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE CUMULATIVE AGGREGATE LIABILITY OF CUSTOM HOUSE UNDER THIS AGREEMENT SHALL BE LIMITED TO A MAXIMUM AGGREGATE IN DIRECT DAMAGES SUFFERED IN THE AMOUNT AS CALCULATED IN SECTION 14.3 ABOVE. IN NO EVENT SHALL CUSTOM HOUSE, OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SIMILAR DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Custom House may
modify Custom House Online and/or Custom House Online Services at any time.
From time to time Custom House Online and/or some or all of Custom House Online
Services may periodically be unavailable to the Customer during its normal
hours of operation in order to allow for maintenance and updates or for other
reasons. The Customer specifically agrees that Custom House is not responsible
for any losses to Customer or any other person resulting from the
unavailability of Custom House Online or any of Custom House Online Services.
Custom House will not be responsible for delays or failures in performance resulting from acts beyond its reasonable control. Such acts include but are not limited to, acts of God, strikes, postal interruptions, lockouts, riots, acts of war, epidemics, fire, communication line failures, power failures, equipment or software malfunction, earthquakes or other disasters.
and prior notice to the Customer, which may include communication
via Custom House Online Services, Custom House may amend any provision of this Agreement at any time and the Customer’s continued use of Custom House Online after the date of any such amendment will constitute for all purposes the Customer’s agreement and consent to any such amendment.
17.1 Custom House may terminate this Agreement at any time without notice. The Customer may terminate this Agreement at any time by notifying Custom House in writing. Termination will be effective as of the close of business on the day notice is received by Custom House.
17.2 Subject to 17.3, termination of this Agreement by either Custom House or the Customer will not affect any Trades that were entered into prior to such termination and this Agreement shall continue until all obligations under those Trades have been performed.
17.3 In the event that Custom House is made aware of or has reason to believe any of the following:
Subject to s. 17.3, within two (2) days of termination, each party shall pay all amounts due, and the Customer will dispose of all materials received from Custom House as per Custom House’s written instructions. Duties of payment, delivery, and destruction of materials shall survive termination of this Agreement.
agreement, written notice means notices shall be in writing and delivered by
postal mail, courier, email, or fax to the address, fax number, or email
address described below. Notice will be deemed effective upon receipt and, in
the case of faxes, if the form is legible. Should a delivery or transmission be
received on a non-Business Day, receipt shall be deemed to be the following
Business Day. Custom House may, at its discretion, rely and act upon telephone,
fax and any other electronically transmitted instructions from any person the
Customer who Custom House believes, in good faith, to be genuine and authorised
by the Customer to give said instructions. Custom House shall not, in the
absence of gross negligence or wilful misconduct on its own part, be
responsible for reliance on said instructions nor shall Customer House be
responsible for failure, delays or errors in the receipt of such instructions
and, accordingly, the Customer agrees that Custom House shall have no liability
for consequential or special damages in connection thereto.
Address: Custom House Currency Exchange (Australia) Pty Ltd, Level 12, 1 Margaret Street, Sydney, NSW 2000 Australia
Agreement, including all transactions, shall inure to the benefit of Custom
House, its successors and assigns and shall be binding upon the Customer and
the Customer’s personal representatives, executors, trustees, administrators,
successors and assigns.
Assignment. Any rights that the Customer has pursuant to this Agreement shall not be assigned, transferred, sold, or otherwise conveyed, except with the written authorisation of Custom House. Custom House may, however, assign this Agreement to another party without Notice to the Customer.
Plural. In this Agreement, singular includes plural and plural includes singular.
Agreement Survives Failure of Specific Provisions. If any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidation of the remaining provisions of this Agreement.
This Agreement comprises the terms and conditions governing the relationship
between Custom House and the Customer. If there are different or conflicting
terms in any schedule, attachment or other addenda attached hereto, then the
terms of the schedule, attachment or other addenda shall govern over the terms
in this Agreement.
Entire Agreement. This Agreement, and all schedules, attachments or other addenda attached hereto, constitute the entire agreement between the parties with respect to the use and provision of the Custom House Services, and supersedes and replaces any and all prior or contemporaneous understandings, communications or agreements, written or oral, regarding related subject matter. The parties specifically understand that there are no representations, warranties, guarantees, promises, or agreements other than those set out in this Agreement and all schedules, attachments or other addenda attached hereto.
Headings. Headings in this Agreement are inserted for convenience of reference only and are not intended to limit the applicability or affect the meaning of its provisions.
Applicable Law. This Agreement shall be governed exclusively by the laws of the State of New South Wales and Australia. All Trades made hereunder shall be deemed to have been entered into and to have taken place in Australia at the office of Custom House, in New South Wales, Australia. The courts located in New South Wales shall have exclusive jurisdiction for settling disputes arising from the Agreement and both parties irrevocably submit to that jurisdiction.
This Agreement exists in addition to and not in substitution of any other present or future agreement between the Customer and Custom House.
Names and Marks. At no time shall either party make commitments for, or in the name of, the other party. Except as specifically provided for in this Agreement, neither party will: (a) use the other party’s name or proprietary marks without prior written approval; or (b) represent itself as being affiliated or partnered with, or authorised to act for, the other party.
Compliance with Law. Each party will conduct its activities under this Agreement in compliance with all applicable laws, which may include, but may not be limited to, anti-money laundering and licensing laws. The Customer may be required to provide Custom House with personal information or information concerning its business, which will be kept on record by Custom House in a commercially-reasonable manner. Where required by applicable laws, Custom House shall report transactions pursuant to this Agreement to the appropriate regulatory or law enforcement agent.
Force Majeure. Neither party will be liable for any failure or delay in performance (except for duties of payment of any monies due under this Agreement) due to governmental acts (including currency controls), acts of God, war or civil unrest, acts or omissions of third parties, equipment or power interruption, market or banking conditions, or other circumstance beyond the party’s reasonable control.
Hyperlinks. The Customer understands that hyperlinks or other links featured on Custom House’s website, which link to third party websites that are outside of control of Custom House, exist solely as a complimentary convenience of visitors to the Custom House website. Custom House does not review, monitor, endorse or control these third party websites and therefore is not responsible for their content. The Customer agrees, as an experienced user of the world wide web, that it uses the Internet at its own risk and that Custom House is not liable for any losses and damages resulting from, or in consequence of, the Customer following a link to a third party website which is posted on Custom House’s website.
Computer-Related Losses. The Customer agrees that Custom House shall not be responsible or liable to Customer or any third party for any computer-related problems caused, directly or indirectly, by any breakdown or failure of Custom House’s transmission or communication system, an electrical power outage, or any other cause beyond Custom House’s control or anticipation, including but not limited to delays in transmission of data or information and/or computer viruses, which problems result in losses, damages, claims (third party or any claims), costs or expenses, including attorneys’ and any other fees.