TERMS & CONDITIONS

1.0 Introduction

The following Terms & Conditions, subject to any amendments made by Forex under clause 14.0 (“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. 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.

3.0 Advisory Services

3.1 Forex provides a range of advisory services. The scope of services and fees will be agreed in writing and are determined by factors such as:

1. The level of risk being managed;
2. The degree of attention required; and
3. Any specific requests by you.

Forex will charge for disbursements incurred 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 regular advisory services and reports, Forex will render an account for its services at the beginning of each month or quarter, payable by the 20th of that month. For project work, Forex will bill you at the project’s completion, with payment due by the 20th day of the following month.

3.2 All Forex publications and information provided to you are subject to copyright, and any unauthorized use, copying, or mirroring is prohibited. You may only use the information provided by Forex for your internal business purposes, not for commercial gain.

3.3 Forex will retain any papers or electronic files pertaining to your organization for compliance purposes for at least seven years.

4.0 Disputes

4.1 If you have a complaint or grievance relating to Forex, you must contact us with all relevant details of the complaint or issue. We will work in good faith to resolve any dispute through negotiation in the first instance.

5.0 Limitation of Liability

5.1 You acknowledge that all advisory services, opinions, and other communications deemed to offer advice are given in good faith. Information provided has been researched and compiled by Forex using commercially reasonable efforts. However, Forex does not guarantee its correctness, accuracy, or completeness at any time.

5.2 Neither information provided to you nor any opinion expressed constitutes an inducement to purchase or sell any service. Forex accepts no liability for losses resulting from reliance on any information provided.

5.3 Any reliance on advice or materials published by Forex is at your own risk. Forex is not liable for any losses or damages incurred by you.

5.4 Forex is not liable for any loss, cost, expense, or damage due to factors beyond our control, including force majeure, exchange control restrictions, or communication system failures.

6.0 Legal Costs and Other Expenses

You acknowledge that you are responsible for your own legal costs and any other expenses associated with entering into an agreement with Forex.

7.0 Waiver

A waiver by Forex of any of these Terms & Conditions is only valid if agreed to in writing. Failure or delay in exercising any right does not constitute a waiver of that right.

8.0 Notification

You agree to advise us of any changes to your contact details by providing written notice signed by an authorized person.

9.0 Assignment

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

10.0 Legal Jurisdiction

New Zealand laws govern these Terms & Conditions. Any reference to any Act or regulation includes any future amendment or replacement.

11.0 Access through the Internet

11.1 Our website may contain links to other websites or resources. Forex is not responsible for their availability or content.

11.2 Forex is not liable for any damages resulting from accessing other sites via our website. Please inform us if you cannot access our website so we can address it.

12.0 Privacy Policy

12.1 Forex is committed to ensuring the privacy of your information. We maintain contact information to communicate with you.

12.2 We collect personal information to provide our services, stored securely at Forex’s offices or electronically.

12.3 You may request access to your personal information held by Forex.

12.4 You may request corrections to your personal information. If declined, a note of your request will be added.

12.5 Notify us if any of your personal information changes.

12.6 You may request deletion of personal information, subject to legal retention requirements.

12.7 Forex will only use your personal information to provide services or updates. If necessary, your information may be shared with third parties bound by confidentiality.

13.0 Termination of Agreement

13.1 You may terminate your relationship with Forex by giving 30 days’ notice in writing. Forex may terminate with 30 days’ notice.

13.2 Termination does not diminish Forex’s rights, and you must honor any outstanding obligations.

13.3 Forex is released from liability except for wilful default upon termination.

14.0 Amendments to Terms & Conditions

Forex reserves the right to amend these Terms & Conditions. Updated terms will be posted on the Forex website. You agree that updated terms apply to all transactions after notification of changes. If you do not accept any amendments, do not engage in further business with us.