Terms and Conditions

OVERVIEW

This website is operated by NME Australia. Throughout the site, the terms “we”, “us” and “our” refer to NME Australia. NME Australia offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or using our service, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and /or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website or applications shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE TERMS

By agreeing to these Terms of Service, you represent that you are at least the required age in your state, province or country of residence, or that you are required age.

You may not use our services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to AML/CTF and copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services and you will be reported to the right authority.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the FX rate made available on this site is not 100% accurate due to the volatility; however upon the confirmation of deal, we will ensure the exact FX rate. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Service Fees and Foreign Exchange are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service; however we will provide the justification and abide by NSW laws to do right by our customers.

SECTION 5 - SERVICES

Certain services promotion may be available exclusively online through the website or applications. These promotion services may have limited quantities and are subject to return or void if found unethical.

We have made every effort to display the FX as accurately as possible but we cannot guarantee that the displayed exchange rate will be accurate at the time you confirm the deal.

We reserve the right, but are not obligated, to limit the sales of our service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All FX rates pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any services at any time. Any offer for any service made on this site is void where prohibited.

We do not warrant that the exact time of delivery from our services obtained by you due to different Jurisdiction, type of services and facility each country provides.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities per person or per order. These restrictions may include orders placed by or under the same customer account due to marketing policy. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail /phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers or yourself.

You agree to provide current, complete and accurate information for all transactions made through our website. You agree to promptly update your Account’s information, including your email address, Contact number, Address and Identification details with expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools (For compliance purposes) over which we have no control.

You acknowledge and agree that we provide access to such tools ”as is” and “as available”. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools to meet our compliance obligations.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Please request our customer service if further information is required.

We may also, in the future, offer new services and/or features through the website / Applications (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content and services available via our Service may include services and features from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. These third-party are government recognised for compliance purposes.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the Website is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, charges and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of timely delivery of the funds.

In no case shall NME Australia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless NME Australia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the country from where the service is offered.

SECTION 19 – MONEY TRANSFER SERVICE CONDITIONS
  • 19.1 BASIS OF CONTRACT
    • 19.1.1 We consider these Terms, the Instruction and our price list to set out the whole agreement between you and us for the making of the Transfer.
    • 19.1.2 If any of these Terms are inconsistent with any term of the Instruction, the Instruction shall prevail.
    • 19.1.3 The Instruction is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
    • 19.1.4 These Terms shall become binding on you and us when we use the applicable mode to communication by notifying you of our acceptance of your Instruction, at which point a contract shall come into existence between us.
    • 19.1.5 The contract will come to an end (with the exception of clause 19.9 (liability)) once the Transfer has been completed by us and received by the Beneficiary.
    • 19.1.6 We will assign a unique transaction number to the Instruction and inform you of via your preferred mode of communication. Please quote this unique transaction number in any subsequent correspondence with us relating to the Instruction.
    • 19.1.7 If you wish to amend or cancel an Instruction you should contact us. If the Beneficiary has already collected the payment, cancellation will not be possible. If the Beneficiary has not yet collected the payment we will use our reasonable endeavours to cancel it, in which case we will refund you (less the amount of the applicable commission). If you amend or cancel an Instruction, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Instruction until we receive your amendment or cancellation. However, where the amendment or cancellation is due to our failure to comply with these Terms you shall have no liability to us for it.
    • 19.1.8 Any refunds will be made by the same means of payment which you originally used to pay us.
    • 19.1.9 We are entitled to release payment in accordance with your Instruction to an individual who satisfied the requirements listed in clause 19.3.5. If we or our agent releases payment to a person other than your intended Beneficiary, but we or our agent believed on reasonable grounds was your intended Beneficiary, we will not be liable to you and we will not have any further obligation to make any refund to you or any payment to your intended Beneficiary.
    • 19.1.10 UUnless agreed otherwise, the money will be made available to the Beneficiary in the currency of the country in which the redemption is made. All currency is converted at our rate of exchange in effect at the time the Instruction is processed by us.
  • 19.2. PAYMENTS TO BANK ACCOUNTS
    • 19.2.1 If your Instruction requires us to make a payment into a bank account you, must provide correct account details of the intended Beneficiary.
    • 19.2.2 If you provide incorrect account details and any third party imposes a penalty on us, we reserve the right to pass on any such penalty to you or to deduct it from any amount we hold on your behalf. We accept no further responsibility after funds have been deposited into the accounts specified by you. We will not be liable to you or your intended Beneficiary or any other party and we do not have any further obligations to recover money paid into the account specified in the Instruction.
    • 19.2.3 Any agreed delivery times may not be met if the service provider cannot process the funds whether due to incorrect account details or for any other reasons.
    • 19.2.4 Any charges levied by the sending bank and/or receiving bank will be deducted from the payment received by the intended Beneficiary.
  • 19.3. YOUR RESPONSIBILITIES
    • 19.3.1 You must provide us, in sufficient time, with any information and instructions relating to the Transfer that is or are necessary to enable us to make the Transfer in accordance with these Terms. If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Instruction by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
    • 19.3.2 Please check that the details in these Terms and on the Instruction are complete and accurate before you commit yourself to the contract. Please ensure that you read and understand these Terms before you submit the Instruction, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 19.1.4.
    • 19.3.3 We are required to comply with anti-money laundering legislation and you must provide us with any information (including proof of identity or income) we require before a contract comes into effect between us.
    • 19.3.4 You are responsible for ensuring that the Beneficiary of your Instruction collects the money from our agent. It may only be redeemed once.
    • 19.3.5 In order to receive a payment the Beneficiary must provide our agent with valid personal identification and the unique transaction number and must sign for the money. There may be other requirements on them depending upon local laws. You acknowledge this and we will not be in breach of contract to you for following such procedures.
    • 19.3.6 You confirm that all money transferred is being used for lawful purposes. We may refuse to process your Instruction for any reason after we have checked your name and the name of the intended Beneficiary against all applicable governmental lists of proscribed persons. In the event that we refuse to process the money transfer as a result of such checks, you acknowledge that we may be obliged by law (and shall be entitled to) confiscate the amount paid by you and pass it and your details to the relevant authority.
  • 19.4. QUALITY OF SERVICE
    • 19.4.1 Unless we are prevented from doing so by a Force Majeure Event, we will make the Transfer with reasonable care and skill and in accordance with all applicable statutory and regulatory requirements for making such transfers in Australia.
    • 19.4.2 The warranty in clause 19.4.1 is in addition to your legal rights in relation to services which are not carried out with reasonable skill and care or which otherwise do not conform with these Terms.
  • 19.5. PROVISION OF TRANSFER
    • 19.5.1 We will make every effort to complete the Transfer within 72 hours but there may be delays due to circumstances beyond our control. In this case we will complete the Transfer as soon as reasonably possible.
    • 19.5.2 We may have to delay performance of the Transfer if we have to deal with technical problems, or to make improvements to our service. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.
  • 19.6. DEFECTIVE SERVICES
    • 19.6.1 In the unlikely event that either the Transfer or our services do not conform with these Terms, please let us know as soon as possible after we have carried them out. We will either provide you with a full or partial refund, depending on what is reasonable; or re-perform the Transfer.
    • 19.6.2 These Terms will apply to any replacement Transfer we make for you.
  • 19.7. INTELLECTUAL PROPERTY RIGHTS
    • 19.7.1 The copyright, design right and all other intellectual property rights in any materials and other documents or items that we prepare or produce for you in connection with the Transfer will belong to us absolutely.
    • 19.7.2 You may not use the materials, documents or other items detailed in clause 19.7.1 for any commercial purpose.
  • 19.8 PRICE AND PAYMENT
    • 19.8.1 The commission charged on the Transfer will be as set out in our standard commission table in force at the time we confirm your Instruction. Rates may change at any time, but price changes will not affect Instructions that we have already confirmed. Our quoted prices include any applicable GST.
  • 19.9 LIMITATION OF LIABILITY- YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
    • 19.9.1 Subject to clause 19.9.3, our total liability to you, in relation to a single Instruction, is limited (to the maximum extent permitted by law) to the amount of the relevant Transfer (less any foreign exchange losses at our applicable exchange rate).
    • 19.9.2 (Without prejudice to clause 19.9.1) our liability for loss of income or revenue, loss of business or loss of anticipated savings (whether direct or indirect in each case) that result from our failure to comply with these Terms shall be limited to A$1.
    • 19.9.3 This clause 19.9 does not limit in any way our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or for any breach of our obligations, or for any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
  • 19.10 EVENTS OUTSIDE OUR CONTROL
    • 19.10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following: strikes, lock-outs or other industrial action; or civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or impossibility of the use of public or private telecommunications networks.
    • 19.10.2 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
  • 19.11. DATA PROTECTION AND CONFIDENTIALITY
    • 19.11.1 We will only use the personal information you provide to us to enable us to make the Transfer, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information.
    • 19.11.2 We will not pass your data to third parties unless it is necessary for the purposes of making the Transfer in accordance with your Instructions. You acknowledge and agree that we may pass your details to credit reference agencies, regulatory bodies and government bodies as required by law.
    • 19.11.3 We will keep confidential the details of your Instruction, and the unique transaction reference, as must you.
  • 19.12. GENERAL
    • 19.12.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the relevant term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by law.
    • 19.12.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
    • 19.12.3 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
    • 19.12.4 A person who is not party to these Terms shall not have any rights under or in connection with them.
    • 19.12.5 These Terms shall be governed by Australian law and you and we both agree to the non-exclusive jurisdiction of the Australian courts.
  • 19.13. INTERPRETATION
    • 19.13.1 TThe definitions in this clause 19.13 apply to these Terms:

Beneficiary/Recipient/Receiver: the person to whom you require us to transfer money, as specified in the Instruction.

Force Majeure Event: has the meaning given to it in clause 19.10.1.

Instruction: means a request for a money transfer with the details provided to us by you on this site.

Transfer: the service that we are providing to you of making a money transfer in accordance with you Instruction, and "completion" of a Transfer shall mean making it available for collection by our agent.

Terms: the terms and conditions set out in this document.

We/us: NME Australia

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected]