Terms & Conditions
Effective as of 2014/10/02
These Terms will apply to any contract between us for the supply of the Service to you (Contract). Please read these Terms carefully and make sure that you understand them before creating your account Kwanji Account with us.
Your use of our Website and your Kwanji Account is governed by these Terms. Please take the time to read them, as they include important terms which apply to you. Please note that by creating an account with us you agree to be bound by these Terms and the other documents expressly referred to in it.
By proceeding with your application and creating your Kwanji Account you confirm your acceptance of and agreement to be bound by these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. You should check these Terms from time to time to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website www.kwanji.com (the Website). We are Kwanji Limited, a company registered in England and Wales under company number 07887779 and with our registered office at Innovation Warehouse, 1 East Poultry Avenue, London EC1A 9PT and our VAT number is 163 4375 08.
1.2 To contact us, please see the Contact Us page of the Website.
2. OUR SERVICE
2.1 We enable you to make payments in foreign currency through your Kwanji Account by connecting you with a selection of specialist foreign currency brokers (“Brokers”) and other third party product and service providers whose prices and services you can review, select and use through our Website and for the automatic updating of your financial records with details of payments made (our Service).
2.2 Where relevant you will be able connect your online business package (for example accounting software) to your Kwanji Account, enabling information regarding the invoices you want to pay to be passed seamlessly to the Brokers and information regarding the payments you have made to be uploaded back into your online business package.
2.3 Through the Kwanji Account we enable you to compare the foreign exchange payment services of Brokers. Our Service is free for you to use. We not do charge you any fees or commissions for your use of the Service or your Kwanji Account. We introduce you to other parties who provide products or services and we are paid commission by those third party product or service providers.
3. CREATING YOUR KWANJI ACCOUNT
3.1 To create your Kwanji Account you need to follow the steps indicated on the website www.Kwanji.com
3.2 You will need to create security information such as user names and passwords in order to access your Kwanji Account. You are responsible for this security information and must keep it safe and only share it with those that are authorised by you to access your Kwanji Account. If you know or suspect that anyone other than you knows your security information, you must promptly notify us at email@example.com.
3.4 You shall not access, store, distribute or transmit any viruses, or any material during your use of the Service and Kwanji Account that:
(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(b)facilitates illegal activity;
(c) depicts sexually explicit images;
(d) promotes unlawful violence;
(e) discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
(f) in a manner that is otherwise illegal or causes damage or injury to any person or property;
and we reserve the right, without liability or prejudice to our other rights to disable access to your Kwanji Account if we reasonable believe there has been any breach the provisions of this clause.
3.5 You shall not:
(a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between us;
(i) access all or any part of the Service in order to build a product or service which competes with the Service; or
(ii) use the Service to provide services to third parties; or
(iii) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Service available to any third party; or
(iv) attempt to obtain, or assist third parties in obtaining, access to the Service; and
(v) you shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Service and, in the event of any such unauthorised access or use, promptly notify us.
(b) The rights provided under this clause are granted to you only. If you are a company they shall not be considered granted to any subsidiary or holding company.
4. USE OF THE WEBSITE, YOUR KWANJI ACCOUNT AND THE SERVICE
4.1 Nothing on the Website or the Kwanji Account is, or is intended to be advice or a recommendation or endorsement by us in respect of any product or service or any third party including any Broker. Information is provided for general purposes only to assist you in selecting a product or service that you feel is most appropriate to meet your needs. It is your responsibility always to check the suitability and adequacy of the product or service you select (seeking independent advice if you feel that is appropriate) and it is your sole decision which selection (if any) you make.
4.2 We do not guarantee that our Website and/or your Kwanji Account, or any content, will always be available or be uninterrupted. Access is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice and may suspend or terminate your access to your Kwanji Account at any time without notice where:
(a) we reasonably believe the Service is being misused;
(b) we are obliged to do so by a relevant third party or believe that such third party may wish it;
(c) we believe such action is necessary to protect our business.
We will not be liable to you if for any reason our Website is or your Kwanji Account unavailable at any time or for any period.
4.3 We do not guarantee that our Website will be secure or free from bugs or viruses. We are registered with the Information Commissioners Office as data controllers in respect of the data you provide to us and we are bound by the requirements of the Data Protection Act 1998. We cannot guarantee that any transmission of data over the internet will be totally secure. We make every effort to protect your personal information but we cannot guarantee the security of any information you send to us, and you do so at your own risk.
4.4 You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
4.5 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
4.6 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied that the content on our site is accurate, complete or up-to-date.
4.7 We aim to provide uninterrupted access to our Website but we give no warranty as to its uninterrupted availability. We reserve the right to suspend, restrict or terminate your access to our Website at any time.
4.8 We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on this Website and without notice from time to time.
5. FORMATION OF CONTRACTS
5.1 Nothing on the Website or the Kwanji Account is, or is intended to be, an offer by us or any third party to sell to you any product or service or to enter into any contract with you in respect of any product or service.
5.2 When you apply to activate your account with or authorise a payment through a Broker you are making an offer to use the relevant service of that Broker in accordance with its terms and conditions,anti-money laundering procedures and associated compliance procedures. The Broker may accept or reject your request to activate and / or payment offer, and may amend the price indicated or other terms and ask you to accept such amendment before it confirms its acceptance. Your contract with the Broker will only be concluded once your offer has been accepted. If you place an instruction for a payment outside normal trading hours you should be aware that the rates quoted may be updated and amended before the Broker or other third party service provider confirms acceptance of your order. They will inform you of any such alteration and ask for your agreement before proceeding.
5.3 We do not handle the money involved in your transactions with Brokers or other third party suppliers. Money paid by you to them is made direct from your bank or other financial institution and our Website is simply a technical link enabling your interaction with the Broker or other third party service provider. Similarly we are not involved in any payments made by them to you in accordance with their terms and conditions anti-money laundering procedures and associated compliance procedures and are not liable for any amounts due to you by them. Please see each Broker’s and other third party service suppliers’ own website for details of how they are authorised and regulated in the supply of their services.
6. HOW WE USE YOUR PERSONAL INFORMATION
6.3 We provide data you send to us to the Brokers and other third party service suppliers that provide their services and products through our Website. They use this data to perform the anti-money laundering checks required of them by their regulator and to perform their services to you when you place an instruction with them. Their use of this data is governed by their own privacy policies and regulatory obligations.
7. IF YOU ARE A CONSUMER
This clause only applies if you are a consumer.
7.1 If you are a consumer, you may only create a Kwanji Account and use the Service if you are at least 18 years old.
7.2 As a consumer, you have legal rights in relation to services that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
8. IF YOU ARE A BUSINESS CUSTOMER
This clause only applies if you are a business.
8.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Website and the Service.
8.2 These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms.
9. OUR RIGHT TO VARY THESE TERMS AND OUR WEBSITE
9.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in the nature of the Service;
(b) changes in the products and services provided by Brokers and other third parties;
(c) changes in relevant laws and regulatory requirements.
9.2 Every time you use the Service and your Kwanji Account, the Terms as updated and amended by us and in force at that time will apply and it is your responsibility to ensure that you are familiar with and understand the then current Terms.
9.3 We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
10. YOUR RIGHT TO CANCEL
10.1 You may cancel your Kwanji Account and the Service at any time by giving us written instructions to that effect at firstname.lastname@example.org
10.2 Your use of the payment and other services provided by Brokers and other third parties accessed through your Kwanji Account will be governed by their terms and conditions but you should be aware that once you have initiated a payment instruction with a Broker you cannot then cancel that instruction.
11. INTELLECTUAL PROPERTY
11.1 We are the owner or the licensee of all intellectual property rights in our Website, in the material published on it and the Kwanji Account. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
11.2 You may print off one copy, and may download extracts, of any page(s) from our site for your own use and you may draw the attention of others within your organisation to content posted on our site.
11.3 You must not modify the copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.4 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
11.5 You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
OUR LIABILITY TO YOU
12.1 Our Service is the provision of the Kwanji Account and the access that this gives you to Brokers’ and other third parties’ products and services. We do not charge you for our Service which is provided on an “as is” basis.
12.2 You can apply for a number of products and services via our Website and your Kwanji Account. These products and services are not provided by us but are instead provided by Brokers and other third parties over whom we have no control. It is your responsibility to satisfy yourself that you wish to obtain any product or service before placing your order. We are not responsible or liable for any loss you may suffer or incur in connection with any product or service you obtain or for any acts, omissions, errors or defaults of any Broker or other third party supplier in connection with that product or service.
12.3 The information and descriptions of third party products and services on our Website and your Kwanji Account may not represent the complete descriptions of all the features and terms and conditions of those products and services and whilst we make every effort to ensure that the information provided is accurate we obtain this information from third parties and cannot guarantee its accuracy. You must ensure that you carefully read all relevant terms and conditions of the Broker or other third party supplier before placing an order for their product or service.
12.4 If you apply for and obtain any product or service, you will be contracting with a third party who will be providing that product or service to you on their own terms and conditions and under their own anti-money laundering procedures and associated compliance procedures. It is your responsibility to ensure that you understand and agree with these before entering into a contract to obtain that product or service. We are not responsible or liable for any loss or damage you may suffer or incur in connection with the terms and conditions applying to any contract entered into by you with any third party in relation to any product or service or for any acts, omissions, errors or defaults of any third party in connection with those terms and conditions.
12.5 Brokers or other third party suppliers are not responsible or liable for any loss or damage you may suffer or incur in connection with these Terms; they are only liable in respect of their own terms and conditions.
12.6 Our Service is provided “as is” and at no charge to you by us. Whilst we make every reasonable effort to ensure that the Service is available at all time we will not be liable or responsible for any failure to perform, or delay in performance of the Service, or the lack of availability of the Service or any part of it.
YOUR LIABILITY TO US
12.6 You shall indemnify us and keep us indemnified from all and any loses we may suffer which are the result or your breach of these Terms or misuse of the Service and our Website.
13. COMMUNICATIONS BETWEEN US
13.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
13.2 If you wish to contact us in writing for any reason, you can by e-mail email@example.com.
13.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us.
13.4 Any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
14. OTHER IMPORTANT TERMS
14.1 We may transfer our rights and obligations under any Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6 These Terms are governed by English law. This means that the Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.