1.0       Introduction

The following Terms & Conditions, subject to any amendments made by Forex under clause 20.0 (“these Terms & Conditions”), cover the services provided by Forex Limited (‘Forex’) to you, the Client (‘You’). It is important that you read and understand these Terms & Conditions before you commence doing business with Forex. By doing business with us you are irrevocably and unconditionally agreeing to be bound by these Terms & Conditions. If you do not accept these Terms & Conditions you must not do business with us.

2.0       Compliance

Forex is a registered Financial Service Provider. Details of our registration can be viewed at www.fspr.govt.nz We are subject to legislation contained in the Financial Markets Conduct Act 2013 (FMCA). We can only provide advice to an entity or an individual whom we classify as a Wholesale client as defined in the FMCA. Before we can offer you advice we will need to determine that you are a Wholesale client. Forex is under no obligation to do business with you if we cannot determine you are Wholesale or we determine that you are a Retail classification under the FMCA. Forex also reserves the right to stop advising you if your classification changes from Wholesale to Retail due to a change in business or financial activity. Forex is a member of an approved disputes resolution service Financial Services Complaints Ltd. www.fscl.org.nz

3.0       Advisory Services

3.1       Forex provides a range of advisory services. The scope of services, and the fees Forex charges for these services, will be agreed in writing between us and are determined by a number of factors such as:

(a)        The level of the risk being managed;
(b)        The degree of attention required; and
(c)        Any specific requests by you.

Forex will charge for disbursements where we incur these as part of the work we undertake for you. You agree to reimburse Forex for all costs and disbursements incurred by Forex, when charged. For subscribers to the regular advisory services and reports, Forex will render an account for its services and any disbursements at the beginning of each month or each quarter, which must be paid by the 20th of that month. For project work, Forex will bill you at the completion of the project, with payment due by the 20th day of the month following the date of invoice or such other billing period and payment date as may be agreed in writing between Forex and you.

3.2       All Forex publications and information provided to you are subject to copyright and any unauthorised use, copying or mirroring is prohibited. You may only use the information provided by Forex for your internal business purposes and not for the purposes of commercial gain by providing commercial treasury risk or foreign exchange-related products or services.

3.3       Forex will retain any papers or electronic files pertaining to your organisation, for its own compliance purposes, for a minimum period of seven years.

4.0       Disputes

4.1       If you have a complaint or grievance relating to Forex or any services provided to you by us, you must contact us providing all relevant details of the complaint or issue and work with us to reach a settlement on any dispute by negotiation in the first instance. We will work with you in good faith in this regard.

4.2       We are a member of a Disputes Resolution Service and you can see more information here  http://www.fscl.org.nz/

5.0       Limitation of Liability

5.1       You acknowledge and agree that all advisory services, opinions and any other form of verbal or written communication which could be deemed to be offering advice are given to you in good faith and that the information provided to you by Forex in its capacity as advisor as contracted by you has been researched and compiled by Forex using all commercially reasonable endeavours. Forex considers the information to be correct as at the time it was prepared, but does not guarantee its correctness, accuracy or  completeness, at any time. Forex does not accept any liability or responsibility whatsoever for the loss or damage that may result from reliance on such information, views expressed, opinions or recommendations provided by us.

5.2       Neither any information provided to you nor any opinion expressed constitutes an inducement to purchase or sell currencies, securities or any service, from any provider, or make any investment whatsoever and Forex does not accept any liability or responsibility whatsoever for the loss or damage that may result from reliance on any of the information and opinions provided by us.

5.3       Any person relying on any advice, information and materials published by Forex does so at their own risk. We are under no liability for any losses, claims, damages or costs incurred by you if you choose to act upon any advice, views expressed, opinion given or recommendation, regardless of whether the views are expressed by an employee of Forex of their own volition or at your request. You should not act on the basis of any matter or implication in these Terms & Conditions or anything else
published by us without taking the appropriate professional advice.

5.4       You acknowledge and agree that we are not liable for any loss, cost, expense, damage or liability whatsoever which may be incurred by you as a result of any factors beyond our control. This may include, without limitation, any event of force majeure, exchange control restrictions, prohibition or suspension of means to effect transmission, market or banking conditions, acts or omissions by third parties, or failure or malfunction of any communications or computer systems, strikes or war.

6.0     Legal Costs and other Expenses

You acknowledge and agree that you are responsible for your own legal costs and any other costs associated with entering into any agreement with Forex, and for any expenses incurred by you in complying with these Terms & Conditions.

7.0     Waiver

A waiver by us of any of these Terms & Conditions is only valid if it has been agreed to by us in writing. A failure or delay to exercise any right we hold does not constitute any waiver of that right, and no single or partial waiver will preclude us from exercising any other right or exercise of right that we hold.

8.0     Notification

You agree that you will advise us of any change to your contact details by giving us that notice in writing and signed by an authorised person for your account.

9.0     Assignment

You cannot assign any agreement that you have with Forex to another party without obtaining consent from Forex.

10.0     Legal Jurisdiction

You agree that the laws of New Zealand cover this document and any agreement Forex has with you. Any reference to any Act or regulations made in these Terms &
Conditions includes any future amendment, restatement or replacement to that Act or regulation.

11.0     Access through the Internet

11.1     Our web site may contain links to other web sites or resources. Forex has no control over these sites. You agree and acknowledge that Forex is not responsible for the availability of these sites and/ or material held within.

11.2     You further acknowledge that Forex is not responsible or liable, directly or indirectly, for any damage or loss caused by the connection to any other sites that you may access via our website. If you are unable to access our web site for any reason, please inform us immediately so that we may correct this situation.

12.0     Privacy Policy

12.1     Forex Limited recognises its responsibility and is committed to ensuring the privacy of your information. We also hold general information to be able to contact you (phone, fax, email address, mailing address).

12.2     When providing our services to you we will collect certain personal information about you. This information is is held by Forex at its offices at Level 9, 86 Victoria Street, Wellington or securely stored electronically.

12.3     You may request access to the personal information that we hold about you at any time.

12.4     You may ask us to correct or amend any personal information we hold about you. We will, at our discretion, make the requested correction or amendment as soon as reasonably practicable. If we decide not to correct or amend the information in terms of your request we will attach a note to the information detailing your request for its correction or amendment.

12.5     To ensure your personal information is accurate you must notify us as soon as reasonably practicable if any of your personal information changes.

12.6     You may ask us to delete your personal information from the database. We are required by law to hold certain personal information for seven years after the last activity on your account occurred.

18.8     We will only use your personal information for the purposes of supplying products or services to you or notifying you of news and information on any updates or changes to the website, database or the products and services that we provide. If we use an agent or third party to provide products or services to you then the provisions of this clause will apply to that party. We will not sell, disclose or give access to your personal information to a third party not involved in the supply of products or services to you, or authorise any third party to use your email address to send you unsolicited emails.

We may disclose your personal information only in the following circumstances:

(a)        If we are required to, or permitted to by law;
(b)        If we use a third party or agent to perform services or provide products to you we may disclose your personal information to them provided that they agree to treat the information as strictly confidential and to use it solely for the purposes of performing those services or providing those products;
(c)        If you default on any obligations to us then we may disclose your personal information to a credit reference or debt recovery agency. Such agency may in turn disclose your personal information to other clients using their services; and
(d)        If you request us to disclose your personal information, for example, for audit purposes, and will otherwise treat your personal information as strictly confidential and will use it solely for the purposes of this Agreement.

13.0     Termination of any agreement Forex has with you

13.1     Should you wish to terminate your relationship with Forex for any reason you may do so at any time by giving 30 days notice in writing, although this will not affect our right to recover any amount that you owe us at that time. Forex may terminate its relationship with you by giving 30 days notice in writing. Neither party needs to give a reason for terminating.

13.2     Forex’s rights under this document and any agreement Forex has with you are not affected or diminished in any way by the decision to terminate by either party. You are still required to honour all your obligations to us in respect of any outstanding money owing to us.

13.3     Subject to any payment being made by us to you, we are released from all liability and obligations to you except to the extent of wilful default on our part.

14.0     Amendments to these Terms & Conditions

We reserve the right to make amendments from time to time to these Terms & Conditions. We will post the updated Terms & Conditions on the Forex website
www.forexltd.co.nz. You agree that the updated Terms & Conditions apply to all transactions from the date we notify you (including by email) of a change. If you do not accept any such amendment to these Terms & Conditions, as amended, you must not do any further business with us.