Our Web Service (the “Service”) is offered by BTC Africa S.A trading under the name “AZA Finance” (hereinafter also referred to as “AZA”, “BTCA Africa”, “we”, “us”, “our” or “the Company”) (collectively, including all updates and other modifications thereto) throughout the Website. Before registering, accessing, or using the Service, please review the terms outlined herein.
BTC Africa S.A has its registered office at 9, Rue du Laboratoire, Luxembourg, 1911, in the Grand Duchy of Luxembourg and registered with the number B 211.963. BTC Africa S.A is the parent company of a group of companies including B Transfer Services Limited, a payments services provider registered in the United Kingdom and regulated by the UK Financial Conduct Authority, Exchange4free Limited a payments services provider registered in the United Kingdom and regulated by the UK Financial Conduct Authority and Transferzero Money Transfer Entidad De Pago, S.A, a payments services provider registered in Spain and regulated by the Bank of Spain.
The Service may be provided by any members of the BTC Africa S.A Group of Companies. It has been understood and agreed by you that parts or all of the Services under these terms can be reassigned within the BTC Africa Group and can be performed, subject to these terms, by any and all members of the BTC Africa Group depending on the services needed, currencies used, technical integrations required or other pertinent factors.
By accessing or using the Services, printing or downloading materials from our website, or otherwise using the website, you agree (on behalf of yourself or the company you represent) to comply with and be legally bound by the terms herein.
By utilizing our Service, you confirm that you have read and accepted the terms and conditions outlined herein which constitutes an agreement between you and us (“Agreement”). If you do not agree to any of the terms set forth in this Agreement, you may not access or use any of the Services.You may not transfer, pledge or assign any rights or obligations you have under this Agreement to any third party without our prior explicit written consent.
We reserve the right to transfer or assign this Agreement or any right or obligation under this agreement at any time without your consent. You hereby consent to any such future transfer or assignment. This does not affect your rights to deactivate your Account.
Each time you access or use the Service to undertake a transaction, you must acknowledge and consent to the charges and exchange rate as communicated to you directly or otherwise on the website. By proceeding with a transaction, you confirm your understanding of and consent to the charges and exchange rate communicated to you directly or through our website or any other means as agreed. If you do not understand or consent to the Charges and Exchange Rate, you may not proceed with an Exchange Transaction.
To be able to use our Service and create an Account, you must meet the following criteria:
- You have full legal capacity to enter into a contract; and
- Provide the relevant documents and information as requested by our compliance team or any other member of our team;
If you are an individual, you must be at least 18 years old or older (if the applicable age of majority and contractual capacity in a jurisdiction where you reside is above 18 years of age). By accessing or using the Service you represent and warrant that you are 18 or older and otherwise are legally competent to enter into this Agreement.
You must not be acting on behalf of or for the benefit of anyone else, unless you are creating an Account for the company that you own or the company that employs you or the company has otherwise formally authorized you to create an Account with us on their behalf. By creating an Account on behalf of a company, you confirm that you possess all required authorizations to act on behalf of the said company.
If you are using our Service on behalf of a legal entity, you represent and warrant that you are authorized to bind that entity to these terms of this Agreement. You may be required to produce a Board Resolution to that effect and if your business is a sole proprietorship, a Letter of Authorization may need to be provided.
Where these terms refer to “you”, it means they will refer to you and that entity, and that entity agrees to be responsible for you and any other user that accesses the Services on its behalf, including for your and their compliance with these terms.
We may restrict or prohibit access to or use of all or some of our Service from certain locations in countries, depending on various regulatory requirements.
If you are a resident of a country outside of the European Economic Area (“EEA”) or are using our service to send funds to or from bank accounts or other payment instruments operated by financial institutions outside of the EEA, several provisions of these terms may not be applicable to you.
If you are a business Account user (which means that your Account with us was created and used primarily for purposes of conducting trade, running a business or exercising professional activities on a regular basis), several provisions of these terms may have limited applications to you due to the fact that you will not be considered a consumer within the meaning of the EU Payment Services Directive.
In particular, we may need to charge you additional fees for provision of additional information or conducting remedial and deterrent actions. For example, in the case of unauthorized or disputed transactions, you will not benefit from certain provisions stipulated by Articles 72, 74, 76 and several other articles of the EU Payment Services Directive.
We may amend or modify these termsby posting a revised version on our website and, where applicable, by notifying you. By continuing to access or use the Service after we have posted a revised version, you agree to be bound by the terms of the revised version. In the event that you do not agree to be bound by these revised terms, you must deactivate your Account and otherwise cease accessing or using the Services.
You further agree that we may:
- modify or discontinue any portion of the Service, and
- suspend or terminate your access to the Service, at any time, and from time to time, without notice to you in certain, limited circumstances described herein. You agree that we shall not be liable to you or any third party for any modification or termination of the Service, or suspension or termination of your access to the Service, except to the extent otherwise expressly set forth herein.
2. How it works
- How it works
The Service is made available to you subject to terms and conditions of this Agreement.
After you have created an Account with us, you may initiate a Transaction (which for the purpose of interpreting these terms may also be referred to as an “Exchange Transaction”) and/or provide us with your payment order instructions with respect to how you would like to deposit funds, receive proceeds from your transactions.
All Transactions are subject to approval and verification. As required by applicable laws and regulations, we may reject a Transaction and we will inform you accordingly about this fact and also provide you with reasons for our refusal, unless we are not permitted to make such disclosures based on applicable regulations.
- Exchange Transactions
To initiate an Exchange Transaction, you will need to:
- create a trade request via your Account or other pre-agreed means of communication;
- agree with us on an Exchange Rate, which is valid at the time of agreeing and which will determine the amount of national currency (local) to be transferred to us and the foreign currency to be paid out by us.
- designate the specific account into which the foreign currency equivalent is to be deposited;
- you transfer the agreed local currency to our designated account as provided by us on our website or as communicated otherwise.
- upon confirmation of receipt of the fund paid to us, you shall be required to confirm your
Once you confirm an Exchange Transaction, you have irrevocably authorized us to credit the account provided to us for settlement and you may not cancel the Exchange Transaction.
We will notify you (and if applicable, the recipient of the foreign currency paid out on your instructions) of the successful transfer of the funds.
Any designated amount deposited by us in excess of the agreed designated amount, shall be considered an overpayment. Upon due notification and instructions, you shall be obliged to refund the excess amount as instructed.
In the event of your failure or default to refund us for such overpayment, we may, and are hereby authorized to, at any time, with or without notice to you, and to the fullest extent permitted by law, to set off and apply any or parts or all designated amount you shall be entitled to in subsequent Exchange Transactions, to satisfy the overpayment.
- Certain risks
In connection with a Transaction, we will attempt to confirm the validity of the account provided to us for settlement, to the extent possible. However, it is your responsibility to ensure, verify and confirm that the account you have provided to us belongs to your intended recipient. If we are unable to deliver the designated foreign currency to the account you provide to us, our only obligation, and your sole recourse, is to terminate the Transaction.
If we terminate the Transaction, our only obligation, and your sole recourse, will be for us to refund the amount of that transaction, unless we are required to hold the funds due to, for example, suspected risks of money laundering, illegal activities, online fraud and in some other cases, as required by applicable regulations. We reserve the right to refuse to process or to cancel any pending Transaction as required by law or in response to a subpoena, court order, or other binding government order.
Transactions within the EEA or SEPA area can normally be completed by the end of the next business day from the day your Payment Order has been duly received (provided that all payment instructions have been provided correctly by all parties involved). Outside of the EEA, subject to local regulations and existing operating procedures, that could vary across different countries and financial institutions.
The regulatory framework in relation to Transactions involving foreign currencies is still evolving, as such it is possible that your transactions are or may be in the future subject to various reporting, tax or other liabilities and obligations.
There is a risk that your Transactions may be affected by system failures resulting from adverse events, natural disasters and other emergencies and unforeseen significant changes in the external environment. With regards to opportunity loss (e.g. you lost an opportunity to make an Exchange Transaction, resulting in loss of hypothetical profits which could have been obtained) due to things such as emergency situations, technical failures and force majeure circumstances, we will not take corrective actions since we are not able to determine the details of the hypothetical transaction which would have not been completed.
You agree that any payments to be made by us may be completed within 48 hours or such other timeline as required to do so, which may be communicated to you. You accept the risk that a Transaction may be delayed for any reason and you agree to hold us harmless from and against any damages or injury arising out of or related to such delay.
- Application for an Account
In order to use any of the Service, you must first register as a customer on our website and obtain a designated Account. To register as a customer, you will be required to provide some or all of the following information, upon registration and from time to time thereafter:
- The identification number;
- Your full name;
- Your physical address;
- Your email address;
- Your date of birth;
- Your taxpayer identification number;
- Your government identification number;
- Your telephone number;
- Your nationality;
- A username and password;
- Copy of passport or other governmental identification document;
- A Board Resolution authorising the creation of Account and undertaking of transactions, or Letter of Authorisation (where applicable); and
- Any other information that may be required by our compliance team to verify your or your business’ identity that we may request from time to time.
Some countries and jurisdictions are not eligible for the use of our Services. You must be a resident of an eligible country or jurisdiction, and not be a resident in any of the following countries or jurisdictions:
- Crimea Region;
- Democratic Republic of the Congo;
- North Korea;
- Palestinian Territories and the Gaza Strip;
- South Sudan;
All information you provide must be complete and accurate in all respects. It is your obligation immediately to update any incomplete or incorrect information in your Account. Please note that the countries listed above are non-exhaustive and we may amend this list from time to time in line with internal compliance measures.
All information you provide to us is subject to storage for a period of seven (7) years (or such other period we may determine in order to comply with applicable laws and business practices) for risk management and security reasons, and archival and record-keeping purposes.
If you have previously tried to create an Account with us with similar or the same information, we reserve the right to refuse the creation of a new Account . Where we refuse the creation of a new Account in this regard, you may be required to access and use your existing Account.
We may be prohibited from providing services or entering into relationships with certain individuals and entities. In the event that we are required to block assets associated with your Account in accordance with government sanctions programs or other legal requirements, we may deactivate your Account or block user activity where required.
We are not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with applicable law, the guidance or direction of any regulatory authority or governmental agency, or any writ of attachment, lien, levy, subpoena, warrant or other legal order. If you were previously denied the registration of an Account, or had an Account deactivated by us, you may not be able to reapply for a new Account.
Due to the numerous factors involved in our evaluation of an application for registration of an Account with us, we reserve the right to decline any application for an Account registration or any request for a proposed Transaction, for any reason, permitted by applicable regulations and our internal policies. Upon successful completion of the registration process, we will create your Account.
- Security and unauthorized use
Only one login and password can be linked to your Account at any time. You are required not to re-use a combination of login and password for your Account for any other online service or website, to protect the security of your Account, not to share your Account credentials with any other third party. You are responsible for all Transactions that take place on your Account, using your login and password. We recommend that you change your password regularly and use a 2-step authentication where possible.
You are responsible for maintaining adequate security and control of any and all logins, passwords, hints, personal identification numbers (PINs), MFA identifiers or any other codes that you use to access our Service. You are required to immediately report any unauthorized access to your Account, any unauthorized activity on your Account or any unauthorized use of our Service from your Account. Should you discover or suspect such activities, contact us immediately at [email protected].
You are responsible for keeping your email address and other contact information up to date in your Account in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of your email credentials, loss of a personal device or failure to follow or act on any notices or alerts that we may send to you.
Our representatives will never ask you for your password, so any email, phone call or other communication requesting your password should be treated as unauthorized and suspicious and immediately forwarded to us for further investigation.
If you do share your login credentials with a third party for any reason, including because the third party has promised to provide you additional services such as account aggregation or information services, the third party will have access to your Account and your personal information, and you shall be fully responsible for actions taken using your password and login credentials.
- Transaction Execution
We reserve the right to establish and change transaction limits, at our sole discretion. All Transactions from your Account will be effected by transfer instructions authorized with the login and password given to you when you register, or by such other methods as we may prescribe from time to time.
You may not attempt or initiate any Exchange Transactions from your Account in the event that you do not have sufficient funds to meet the value of the Exchange Transaction and Charges applicable thereto.
We will verify and confirm all transactions effected from your Account to you by email or other designated mode of communication. Our records will be taken as correct unless the contrary is proved. We may, at any time, refuse a Transaction or attempted Transaction submitted by you. The reasons for the refusal and any potential actions you can take to re-initiate the refused Transaction will be communicated to you.
We may refuse to execute a Transaction, for example, in any of the following cases:
- The instructions contain factual errors or incomplete details; or you do not have the corresponding sufficient amounts available for you to transact with on your Account;
- You have breached any of your obligations towards us under these terms or any other agreement entered into between you and us;
- The risk limitations or spending limits established for your Account may have been reached;
- We are legally or contractually obliged to hold or block Transactions;
- We have security concerns with respect to your Account or an attempted Transaction or a counterparty involved, e.g. because of a suspected security breach, potential technical failure, suspected fraudulent or criminal behaviour.
If your attempted Transaction is inconsistent with your Account’s previous behaviour or stated purpose or above previously established limits, we may request additional information or clarifications from you and must receive such information before processing new Transactions initiated by you.
Our ability to manage online fraud, protect users from possible cases of unauthorized transactions, research and potentially rectify claims related to potentially unauthorized Transactions, significantly depend on our ability to rely on technical and structural elements of the financial system we operate in and on strong authentication solutions available in various regions. If your Transaction falls within the scope of the EU 2nd Payments Services Directive, you are liable for any loss resulting from unauthorized transactions subject to the terms and conditions as defined by the Articles 73 and 74 of this Directive.
Please note that you will bear all losses arising from or related to any unauthorized Transactions if you acted fraudulently, made false representations to us with respect to your identity or the nature of your activities or violated any other parts of these terms.
As required by applicable regulations, we will notify you in the event of suspected or actual fraud or security threats via your registered e-mail, phone number or other communication method, as applicable.
All charges are exclusive of taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any Transactions associated with the Transactions you conduct through the Service, and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. We are not obliged to determine whether taxes or duties apply and are not responsible for calculating, collecting, reporting, or remitting any taxes or duties to any authority arising from any Transaction.
If you receive information about another user through the Service, you must keep the information confidential and only use it in connection with the Service. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to effectuate a Transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited email to a user through the Service.
By using our Service, you agree that we may provide you with notices or other communications about your Account and the Service electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to our website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. If you do not wish to receive notices or other communications electronically, we will be unable to support your Account and your Account will be deactivated.
You accept that we may disclose or receive personal information or documents about you to and/or from the following:
- Local and international law enforcement or any competent regulatory or governmental agencies to assist in the prevention, detection, or prosecution of criminal activities or fraud;
- Our service providers, dealers, agents, or any other company that may be our subsidiary, parent company, affiliate, or partner, for reasonable commercial purposes connected to your use of the Service, such as marketing and research-related purposes
- Lawyers or auditors or to the applicable court in connection with any legal or audit proceedings (notwithstanding that any such proceedings may be of a public nature); and
- Others to facilitate our ability to carry out any activity in connection with a legal, governmental, or regulatory requirement.
You must comply with any instructions that we may give you from time to time about the services. Your calls, emails, or SMS’s may be monitored or recorded for use in business practices such as quality control, training, ensuring effective systems operation, prevention of unauthorized use of our telecommunications system, and detection and prevention of crime.
If, to the extent permitted by us from time to time, you grant express permission to a third party to access or connect to your Account, either through the third party’s product or service or through the website, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this agreement. You are fully responsible for all acts or omissions of any third party using your Account credentials. Further, you acknowledge and agree that you will not hold us responsible for, and will indemnify us from, any liability arising out of or related to any act or omission of any third party using your Account credentials.
- Use of our Website
We grant you a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use our website, the content, materials, information, and functionality available in connection therewith (collectively, the “Content“) solely for informational, transactional, or other pre-approved purposes, as permitted by us from time to time.
Any other use of our website or content is expressly prohibited. All other rights to our website or Content are reserved by us and our licensors. We reserve all rights in website and Content and you agree that this agreement does not grant you any rights or licenses to our website or content, except for this express, limited license.
In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products, and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the website are your sole responsibility and we shall have no liability for such decisions.
From time to time, our website may contain references or links to third-party materials (including without limitation websites) not controlled by us. We provide such information and links as a convenience to you. Such links should not be considered endorsements of these sites or any content, products or information offered on such sites and such reference does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You acknowledge and agree that we are not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to our website including without limitation content, property, goods, or services available on the linked sites.
We shall not bear any liability, whatsoever, for any damage or interruptions caused by Malware. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. Always log into your Account through the website to review any Transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
- Suspension and disconnection of services/deactivation of your Account
We may suspend (bar), restrict, or terminate the provision of the Service (in whole or in part) and/or deactivate your Account or block any Account or Transaction without informing you and without any liability whatsoever (although we will, where possible, try to inform you that such action is or may be taken), in addition to all remedies available at law and in equity, under the following circumstances:
- As required by a valid subpoena or court order or we are, in our reasonable opinion required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;
- If we are aware or have reason to believe that your Account, the Services, or any Account is/are or have previously been used in an unauthorized, unlawful, improper, or fraudulent manner or for criminal activities including but not limited to activities involving money laundering, terrorist financing, fraud or any other financial crimes
- If you take any action that we deem as circumventing our controls or we reasonably suspect that you are acting in breach of this agreement;
- If you fail to comply with any of the conditions relating to the Services, including this Agreement;
- If you do anything (or allow anything to be done) which we think may damage or affect the operation or security of the Services; or
- For reasons outside of our control.
In the event that a technical problem causes system outage or Account errors, we may temporarily suspend access to your Account until the problem is resolved. We will also deactivate your Account upon receipt of your request to close your Account.
You may not use our Services to conduct, pay for or facilitate activities that:
- Violate any law, statute, rule, regulation or a decision of an applicable authority.
- Relate to transactions involving illegal trade or business or trade or business that require special permission or a license without having such permission or license.
If we determine that you are incurring an excessive amount of chargebacks, disputes, complaints or other irregularities, we may establish controls or conditions governing your Account, including without limitation, by:
- establishing new transactional or processing fees;
- creating a reserve in an amount reasonably determined by us to cover anticipated reversals, losses and related fees;
- limiting sending or receiving privileges; or
- terminating or suspending the Service.
Without limiting the foregoing, we may suspend the Service and block access to your Account if:
- you have violated the terms of these terms or any other agreement with us,
- we determine that you pose an unacceptable credit or fraud risk or other liability risk to us,
- you provide or have provided false, incomplete, inaccurate, or misleading information (including without limitation any registration information) or otherwise engage in fraudulent or illegal conduct,
- we have security concerns regarding your Account, including your credentials, or
- we suspect unauthorized or fraudulent use of your Account or any payment information in your Account.
In such cases we will inform you of the suspension of your Account and the reasons for it, where possible, before the suspension and at the latest immediately thereafter, unless we determine giving such information would compromise security concerns or is prohibited by applicable law.
We will reactivate your Account or credentials, or replace it or them, as applicable, once we have resolved the reasons for suspension. You must notify us through the contact page if you wish to request us to reactivate your Account.
Where your Account has been suspended or terminated for any reason, we reserve the right at our sole discretion to require you to provide all the information before initiating or completing any Transactions on your Account, if re-activated.
We may deactivate your Account at our convenience with or without prior notice.
When your Account is deactivated:
- We may cancel any pending Transactions;
- We may suspend, limit or terminate your access to or use of our Service, websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or some or all of the Service;
- You will remain liable for all outstanding obligations under this Agreement related to your Account prior to deactivation or deletion;
- We may keep your Account information in our database for the purpose of fulfilling our legal obligations and other permitted reasons; and
- We may retain your balance of funds after deactivation to the extent and for the time we reasonably require to protect us and/or any third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liabilities of whatever nature. After this time you will be able to receive any undisputed funds that we may be holding.
Please contact our customer service if you have any questions about funds held following the deactivation of your Account.
You acknowledge that our decision to take certain actions, including limiting access to, suspending, or deactivating of your Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of such risk management and security procedures to you.
- Your responsibilities
You agree to comply with and not use the Service in violation of any applicable laws or regulations. You shall also provide all relevant documentation as required by us and applicable laws.
You agree not to:
- Copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the content or any other part of our website or any derivative works thereof, in whole or in part for commercial or non-commercial purposes, except as expressly set forth herein;
- Frame, link, or display the our website or content (or any portion thereof) to or as part of any other web site or any other work of authorship without our prior written permission;
- Use the Service or any device, software or routine in any manner that could disable, overburden, damage, or impair or interfere with the Service or any other party’s use of the Service, including their ability to engage in real-time activities through the services;
- Use any robot, spider, or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on our website;
- Introduce any Malware into our website or systems;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our website, all linkeds the servers or any server, computer, or database connected to our website or platforms.
- Violate or assist any party in violating any law, statute, ordinance, regulation, or rule of any self-regulatory or similar organization of which you are or are required to be a member (for example, those laws, rules, or regulations governing financial services, controlled substances, unlawful gambling, or consumer protections);
- Infringe upon our or any third party’s copyright, patent, trademark, or intellectual property rights;
- Act as a payment intermediary or aggregator or otherwise resell any of the Service;
- We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
- Liability and Exclusions
YOUR USE OF THE SITE AND SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES IS AT YOUR OWN RISK. THE SITE AND SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER AZA FINANCE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE SITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER AZA FINANCE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE OR SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.
IN NO EVENT WILL AZA FINANCE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, SERVICES, ANY CONTENT ON THE SITE, OR OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, SERVICES, OR OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold us and our affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless us from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to any Transaction, your violation of this Agreement or any other agreement signed with us, or your use of our website, content and services.
These terms (as from time to time may be amended) form a legally binding agreement which is binding on you and your personal successors and assigns.
You may not assign, pledge or transfer this Agreement to any other person by merger, operation of law, or otherwise. We may assign this Agreement and our obligations hereunder. Subject to the foregoing, this Agreement will bind and inure to the benefit of you and us and our respective agents, heirs, representatives, successors, and assigns.
No failure or delay by either you or us in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
If any provision of this Agreement shall be found by any duly appointed arbitrator, court, or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions herein and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
You hereby represent, warrant, and certify to us that any funds used by you in connection with the Service is either owned by you or that you are validly authorized to carry out Transactions using such funds.
You must pay all our expenses in recovering any amounts you owe us, including legal fees, collection fees, and tracing fees.
Our website, Services, and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all copyright, trademarks and other intellectual property rights therein thereto, are owned by us, its licensors, or other providers of such material. You agree that you acquire no rights therein or thereto. Although certain contents of our website are freely downloadable for personal, non-commercial transitory viewing, they may not be reproduced in whole or in part or otherwise made available without our prior written consent.
The AZA Finance logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AZA Finance or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our website and the trademarks of their respective owners.
This Agreement is governed by the laws of England & Wales. Any dispute arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the London Court of International Arbitration (LCIA) Rules, which Rules are deemed to be incorporated by reference herein. The number of arbitrators shall be one provided that where parties are unable to agree on the choice of the arbitrator, reference may be made by either party to the President of the London Court of International Arbitration (LCIA) for the appointment of the Arbitrator. The seat, or legal place of arbitration shall be London. The language to be used in the arbitral proceedings shall be English.
13.9. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE PRESENT AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13.10. Each party shall not involve or assist anyone directly or indirectly in money laundering or transactions having any criminal element or illegal sources. Each party shall strictly observe the laws and regulations of its place of business and international customs, rules and regulations dealing with money laundering or similar thereto. The parties acknowledge that each party is at liberty not to effect any transaction if the party fails to provide all relevant documentation and or information required under the applicable “know your customer” and anti-money laundering rules and regulations. Each party shall indemnify and hold harmless the other party for any loss, damages, expenses, charges, fines, penalties that the aggrieved party may suffer arising from a breach of this clause.
13.11. Nothing herein contained shall preclude any of the parties to this Agreement from approaching any court of competent jurisdiction for an interdict or for relief on an urgent basis
The following definitions relate to this Agreement:
““Account” means the Account you create by providing certain information and registering with us under this agreement.
“System” means the proprietary service which is marketed, managed, and operated by us.
“Charges” means the fees deducted from your Account when you complete an Exchange Transaction. Charges are posted on our website and may be changed from time to time without notice; provided, however, that you will be advised of the charges applicable to each transaction. Your approval of transfer instructions indicates your acknowledgement of and consent to the charges applicable to such Transaction.
“Customer” means you and every other person in whose name a Account for the S|ervice is registered.
“Exchange Rate” means the rate at which the Foreign Currency is under this Agreement. We will agree with you on the Exchange Rate for each Transaction. Your approval of transfer instructions indicates your acknowledgement of and consent to the Exchange Rate applicable to such Transaction.
“Exchange Transaction” means the transfer of a specified quantity of funds from you to us and the corresponding transfer to a designated account provided to us excluding any applicable charges under the terms and conditions hereof.
“Malware” means any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
“Service” here means the Service provided by us for the exchange of Currency on the terms and conditions of this Agreement
“Website” refers to www.azafinance.com through which we conduct business and such other URLs as we may designate from time to time for use with the service.
“Transaction” means an Exchange Transaction.
“Transfer Instructions” means instructions given by Customer through the Service for the transfer of Foreign Currency purchased or exchanged as provided herein.