1. Parties

This Agreement is between you and Best Forex Pty Ltd, whose ABN is 91 152 021 746 and whose registered office is at: Suite 1/126 Haldon Street, Lakemba NSW 2195.

2. Service

Best Forex is registered with AUSTRAC for the provision of remittance. Best Forex is only a Remittance Service Provider; Our main business is money transfer services. For security reasons, we recommend that you only send money through the Service to people you know personally. If you choose to pay third parties for goods and services using the Service, you acknowledge that Best Forex has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk.

3. Consents

You agree that by placing the transfer funds into the Best Forex Account you irrevocably consent to the execution of the Transfer transaction.

By providing us with your personal information, such as address, telephone number, mobile number and/or email address, you consent to receiving notices and other communications from Best Forex via post, telephone, email and/or SMS message, subject to our Privacy Policy.

You acknowledge that message and data rates may apply to SMS messages. Best Forex may send notices to you about your Transfer, your use of the Service or for other purposes, such as providing you with details regarding new developments, products, services and special offers. We may use any email address or other personal information you provide to us at any time for this purpose.

However, if you prefer not to be contacted for any of the above-mentioned reasons or via any of the above-mentioned means, you have the option to unsubscribe or opt-out if you so desire. To stop receiving SMS messages, reply “STOP” to any Best Forex SMS message received. To stop receiving email messages, please send an email message to unsubscribe@bestforex.net.au with your request. You may also call Best Forex on (please insert number) or e-mail info@bestforex.net.au  for assistance. 

4. Transfer Information

4.1. The Best Forex service is provided by Best Forex Pty Ltd (“Best Forex”, “we”, “us” or “our”) through our online platform. Reference to our Money Remittance process in this terms and conditions include the use of our website money transfer.

4.2. This Agreement and Best Forex service allows you to send online money transfer (a “Transfer”) to the person named on the form (the “Recipient”) and allows them to receive the money into their mobile phone wallet.

4.3. In order to use the Best Forex remittance facility for the first time, you must set up your “Profile” by entering your personal information, a “User ID” (which your email address is used for identification purposes and to login to your Profile), a password, a valid Identification and a contact number. For any consecutive Transfers you can use your existing Profile using your User ID and password to login. All information provided by you shall be stored in your Profile, and shall be maintained by us or our “Service Providers” (any company or companies engaged by us or our contractors to provide our Remittance Services) based upon the information supplied by you.

4.4 You cannot send a Transfer on behalf of a third party.

4.5 For online transfers, you can either send the money within the same country or to a different “Receive Country”. Once we have accepted your Transfer and the money has been collected from your bank account, the Recipient can collect the money in the agreed currency and agreed exchange rates in the mobile phone number that you stated in the online form. We will not contact the Recipient to advise them when the money has been deposited. However, you or the receiver may receive SMS alert to confirm that the transaction has been completed.

4.6. We do not offer our services in all countries. You can call us or visit our website to find out the availability of our services and addresses and opening times of locations offering the services.

4.7. We may communicate with you electronically (for example, by email) unless we are required by law or regulatory requirements to communicate in another way. If you do not wish to receive communications electronically, you may not use Best Forex Remittance Services.

4.8. You agree to promptly update your records if your email address or other contact information in your Profile changes. Follow the instructions on our website to update your Profile.

5. Foreign Exchange

5.1. A transfer will be paid out in the currency of the beneficiary’s country.

5.2. In addition to the transfer fee applicable to the transaction, in cases where the beneficiary will receive a currency other than Australian dollars, Best Forex will convert AUD into the payout currency at Best Forex’s retail currency exchange rate at the time of the transfer.

5.3. Any monies arising from the difference (if any) between Best Forex’s exchange rate and the wholesale exchange rate received by Best Forex will be kept by Best Forex.

6. Refund Information

6.1. Unless payment to the beneficiary has already been made, and to the extent permitted by law, if you request a refund of your transfer (or your transfer is cancelled for any reason), Best Forex will refund you the principal transfer amount (at Best Forex’s exchange rate at the time of the transfer) on the condition that you provide Best Forex with a copy of a valid receipt and present valid identification. A receipt is not valid unless the corresponding transaction is processed through Best Forex’s computerised system and contains the computer-generated imprint of the representative’s name and address and the correct order number.

6.2. To the extent permitted by law, Best Forex will not refund the transfer fee if the Transfer is stopped or otherwise cancelled at your request.

7. Anti-Money Laundering and Counter-Terrorism Financing

7.1. You must provide all information reasonably required by Best Forex to comply with the Anti-Money Laundering and Counter-terrorism Financing Act 2006 (Cth), or to comply with any laws or regulations in Australia or any other country.

7.2. Best Forex may delay, block or refuse to process any transfer without incurring any liability or without informing you of the reasons if Best Forex suspects that you have breached any laws or regulations in Australia or in any other country.

8. Receipt

Best Forex will make available a receipt which can, at your election, either be emailed to your nominated email address or collected from the Best Forex office.

The receipt will set out:

• a unique identifier number (to identify the transfer);
• information relating to the beneficiary;
• the amount of the transfer;
• the transfer fee for the service;
• Best Forex’s exchange rate (where applicable); and
• The date of the transaction.

9. Liability and Indemnity

9.1. Nothing in this Agreement operates to exclude, restrict or modify, or has the effect of excluding, restricting or modifying, any statutory condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) and which cannot be excluded, restricted or modified.

9.2. If Best Forex fails to comply with a statutory guarantee which by law may not be excluded, then to the extent the law permits Best Forex to limit its liability in respect of such failure:

9.2.1 the re-transfer of the principal transfer amount; or
9.2.2 the payment of the cost of re-transferring the principal transfer amount.
 

9.3. The liability of Best Forex excludes, to the extent that any loss or damage suffered by you is attributable to fault or negligence on your part or on the part of any person for whom you are responsible, such loss or damage. If you provide Best Forex with incorrect information in the form regarding the beneficiary, Best Forex will not be liable for the non-execution or the defective execution of the transfer. However, Best Forex will make all reasonable efforts to recover the transfer. Best Forex may charge you for the recovery of the transfer.

9.4. Except as provided below, Best Forex shall not be liable for any amount in excess of the amount equal to the principal transfer amount and the transfer fee paid by you. Best Forex accepts no liability for service delays or any failure to perform the transaction in accordance with your instructions if these are due to local regulations or circumstances outside Best Forex’s control. Best Forex will not be liable for any indirect or consequential loss. Best Forex will not be responsible for goods and services that may be paid for by a transfer.

9.5. Nothing in this Clause 9 will limit Best Forex’s liability for:

• death or personal injury from its negligence; or
• fraud committed by Best Forex.

9.6 You agree to indemnify and hold Best Forex harmless from and against any loss, damage, cost, claim or liability (including direct and consequential losses such as loss of profits) incurred by Best Forex:

9.6.1 arising from or as a result of your breach of this agreement; 
9.6.2 arising from or as a result of any misdescription in the transfer form; 
9.6.3 arising from or as a result of payment to a person whom Best Forex reasonably believes to be the beneficiary; 
9.6.4 in relation to the person you have nominated as the beneficiary; 
9.6.5 arising from or as a result of Best Forex’s cancellation of a transfer pursuant to your instructions; or 
9.6.6 arising from or as a result of Best Forex’s cancellation of a Transfer in accordance with Clause 7.2.

9.7 You agree to indemnify, defend and hold Best Forex harmless, its officers, directors, employees, from and against all losses, expenses, damages and costs, including reasonable lawyer fees, resulting from any violation of this agreement by you.

9.8 If you provide incorrect information about the beneficiary and the funds are deposited to an account which is not the beneficiary’s Account, Best Forex shall not be liable for any resulting loss.

9.9 Once the funds are transferred to the Beneficiary, the transfer of the funds is final and irrevocable.  

10. Privacy Compliance, Identity Verification and Consents

Best Forex will use the information provided by you, including personal information about yourself and the beneficiary, to provide you with the Service and to manage its ongoing relationship with you. By signing the receipt for your transfer, you, the sender, confirm that all details you are providing to Best Forex are correct. In providing your personal information to Best Forex, you consent for the same to be used in accordance with Best Forex’s Privacy Policy.

11. Complaints

11.1. If you need to make a complaint relating to the service, please contact Best Forex’s Customer Services by telephone, post or email.

11.2. If Best Forex is unable to resolve your complaint, you may also complain to the Financial Ombudsman Service by post addressing your complaint to the Financial Ombudsman Service, GPO Box 3, Melbourne, VIC 3001 or lodging online at the Financial Ombudsman Service’s website http://www.fos.org.au/.

11.3 Please see Best Forex’s Privacy Policy for guidance on making a complaint related to Best Forex’s treatment or handling of your personal information.

12. Entire Agreement

You agree that our agreement includes only these terms and conditions and the transfer form and this is the entire agreement and understanding between you and Best Forex and supersedes and terminates any prior agreement between you and Best Forex.

13. Rights of Third Parties

A person who is not a party to the agreement will not have any rights to enforce any provision of the agreement other than at law.

14. Severability

In the event any provision (or part provision) of the agreement is held by any court or authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed not to form part of the agreement and the validity and enforceability of the other provisions of the agreement will not be affected.

15. Language, Governing Law and Jurisdiction

15.1. Where Best Forex at its discretion provides you with a translation of the English version of any part of the agreement, you agree that the translation is only for your convenience and does not form part of the agreement. The English version of the agreement will govern the provision of the service by Best Forex to you.

15.2. The agreement is to be construed in accordance with the law of Australia and any dispute with respect to the agreement is to be subject to the exclusive jurisdiction of the Australian courts.

16. Contact Us

16.1. Best Forex may be contacted by telephone on 1300 733 999 or via email at info@bestforex.net.au

17. Notices

17.1 any notice given or made under this agreement may be sent by email if:

17.1.1 the notice is sent to the email address last notified by the intended recipient to the sender; and
17.2.1 the sender keeps an electronic or printed copy of the notice sent;

17.2 a notice sent by email will be deemed to have been given on the first to occur of:

17.2.1 receipt by the sender of an email acknowledgement from the recipient’s information system showing that the notice has been delivered to the email address stated above;
17.2.2 the time that the notice enters an information system which is under the control of the recipient; or
17.2.3 the time that the notice is first opened or read by an employee or officer of the recipient.

 18. Termination

18.1 This agreement may be terminated immediately by you or Best Forex by notice to the other. However, termination by either party shall not affect any transfer or other transaction previously entered into and shall not relieve either party of any outstanding obligations arising out of this agreement, nor shall it relieve you of any obligations arising out of any transfer entered into prior to such termination.

18.2 In the event that Best Forex is made aware of or has reason to believe any of the following:

18.2.1 that you have provided false or misleading information to Best Forex; or
18.2.2 that you have participated or are participating or have assisted or are assisting in money laundering or terrorist financing; or
18.2.3 that you are being officially investigated by law enforcement and/or regulatory agencies; or
18.2.4 that you have contravened any laws, then Best Forex, at its sole discretion, may terminate this agreement immediately by notice to you, to the extent notice is permitted under applicable laws, and Best Forex shall be relieved of any obligations set out in this agreement or arising out of the transactions contemplated by the agreement between the parties.

 19. Amendment

19.1 Best Forex may make modifications, alterations, changes or variations to any term of this agreement, by notifying you in writing, including by email, of the details of the amendment or modification. Any modification or change to this agreement will take effect after a period of 14 days has elapsed from the date when you are notified of the modification or change. You may not make any changes or modifications to this agreement.