Terms & Conditions

Back to previous page

You should read all of the terms and conditions before using this website  www.firstfx.co.uk
 
Terms and conditions of website use:
FirstFX is a company registered in England no. 08433786, Registered office address: 20-22 Wenlock Road, London, N1 7GU. For the purposes of currency services, FirstFX introduces you to FairFX plc ("FFX") and the contract is between you and FFX and your account is with FFX.

TERMS OF BUSINESS
These Terms of Business, together with any Schedule(s), and accompanying documents, as amended from time to time, sets out the terms of the contract between you and FFX. When using the FirstFX Website you are agreeing to be bound by these Terms of Business in any dealings you have with FFX. It is, therefore, very much in your interests to read them carefully. If you are in any doubt as to the effect of any of these Terms of Business please contact FFX. The language of these Terms and Conditions shall be English and all information provided, made available and notified to you shall be in English.

INTRODUCTION
FFX is registered in England, company number 05539698, and has its registered office at 3rd Floor, Thames House, Vintners' Place, 68 Upper Thames Street, London, EC4V 3BJ. FFX is authorised and regulated by the Financial Conduct Authority ("FCA") under Firm Reference Number 488396. As an integral part of its foreign exchange service, FFX provides a money transmission service, foreign exchange cash and foreign exchange currency cards. FFX is authorised to provide these services by the FCA as an Authorised Payment Institution. The FCA's registered office is 25 The North Colonnade, London, E14 5HS.
 
Use of and access to the FirstFX Website (the ‘Website’) is provided on the basis of the following terms and conditions.
 
Availability of services and products and accessing the Website
1. Either FirstFX or FFX may from time to time and without first letting you know:
1.1 make such changes to the content of the Website or the products or services offered by FFX through the Website as FFX (in its absolute discretion) considers appropriate from time to time;
1.2 withdraw such services and products as FairFX (in its absolute discretion) considers appropriate from time to time;
1.3 terminate your access or use of the Website for any breach of these terms or conditions or for any breach of law or regulation or for any reason FFX considers appropriate in order to comply with anti-money laundering regulations. FFX reserves the right to use various procedures to authenticate each transaction including identity checks. This service is currently performed by the GB Group. FFX reserves the right to decline to continue to process any part of your order at any time;
1.4 discontinue the operation of the Website.
 
2. Permitted Access to the Website
2.1 You should not use the Website from any country where accessing or using the Website or any of the information, products or services on it is prohibited by law. This Website does not constitute any invitation or solicitation by FirstFX or FFX to any person to use any such information, products or services in countries where to do so is prohibited by law.
 
3. Reliance on Information Posted
 
3.1 FirstFX and FFX shall use its reasonable endeavours to ensure that any dated information contained or reproduced on the Website is up to date at the stated date of its publication only. Neither FirstFX nor FFX accept any responsibility to update or amend any information. The information or content provided by the Website may be out of date at any given time.
 
4. Restrictions on use of the website
4.1 The content of the Website and the products and services made available by FirstFX and FFX on the Website are intended for use by holiday or business travellers or by individuals or corporations seeking to purchase currencies for the purposes of business travel, and should not be used for speculation or investment.
 
5. Intellectual Property
5.1 All intellectual property and all materials comprising or contained in the Website including but not limited to all text/articles, logos, software and images, are owned, or as the case may be licensed, except as otherwise expressly stated, by FirstFX or FFX.
5.2 You are entitled to access the Website for the purposes of accessing the facilities offered by FirstFX and FFX. However you may not use in any way, directly or indirectly, the Website or any of its components for any other purpose. The materials contained on or comprising the Website may not be copied or redistributed for commercial purposes or for compensation of any kind without prior written permission from FirstFX or FFX.
 
6. Links to other sites
6.1 This Website contains links to third party websites. Such links are provided to you for your convenience only.
6.2 Neither FirstFX nor FFX has control over any material which has been published or contained on such third party websites. FirstFX and FFX do not warrant the content or accuracy of such third party websites nor does FirstFX or FFX accept responsibility or liability in relation to the content or products offered by or through such third party websites.
 
7. Limitations on liability
7.1 All content shown on the Website (and all services and products provided by it) are provided and made available without any warranties, conditions or guarantees given by FirstFX or FFX. All such warranties, conditions or guarantees which would otherwise be implied by law are excluded to the fullest extent permitted by law. In particular, FirstFX and FFX do not warrant the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any services or products available through this Website.
7.2 FirstFX and FFX use reasonable skill and care in providing its products and services to you. However (to the maximum extent permitted by law) FirstFX and FFX are not liable to you for any loss, damage, claim or compensation (including loss of profit or loss of use) arising out of:
7.2.1 your use, delay or inability to use this Website;
7.2.2 any inability to perform any of FirstFX or FFX’s obligations due to failure of any technical or computer systems;
7.2.3 any reasons beyond FirstFX and FFX's reasonable control. This will include (amongst other things) war, terrorism, government action, natural disaster, and industrial disputes;
7.2.4 any damage to your computer equipment as a result of using this Website or any products or services provided from it;
7.2.5 any change in foreign currency rates which may occur from time to time.
7.3 Without limiting the more general exclusions of liability as set out in sections 7.1 and 7.2, (to the maximum extent permitted by law) FirstFX and FFX are not liable to you for any loss of profit, loss of use, indirect, or consequential losses, claims or other damages suffered or incurred by you from your use of the Website or the products or services offered through or by the Website however caused.
7.4 FirstFX and FFX's maximum aggregate liability to you in respect of all foreign currency transactions undertaken by you shall be limited to a refund equivalent to any moneys you have paid to FFX to acquire foreign currency.
7.5 FirstFX and FFX do not warrant that the Website is free of viruses or of other material which is malicious or technologically harmful. FirstFX and FFX are not liable for any viruses for other technologically harmful material that may affect your computer equipment, computer programs or other material resulting from your use of the Website.
7.6 The disclaimers and limitations of liability in these terms and conditions shall not apply to any damages arising from death or personal injury caused by the negligence of FirstFX or FairFX or any of their employees or agents or for fraud.
7.7 FirstFX and FFX do not accept any liability for loss occasioned by fraudulent spending or any other unauthorized use of the card no matter how caused but will assist its customers in preparing a claim for submission to the appropriate third parties where requested to do so.
7.8 If any provisions of these terms and conditions including these disclaimers and limitations shall be unlawful or unenforceable then such provisions shall fall away and shall not affect the validity and enforceability of the remaining terms. Your statutory rights remain unaffected.
 
8. Privacy and data protection
FirstFX and FFX process information about you in accordance with their privacy policy. By using the website you consent to such processing and you confirm that all data you provide is accurate.

    Governing Law and changes to these terms and conditions
 9. All use of the Website and these terms and conditions is governed by the laws of England and Wales.
 
10. All disputes arising out of the use of the Website and/or any services or products provided by FFX or any dispute relating to these terms and conditions shall be resolved by the Courts of England and Wales.
 
11. FirstFX reserves the right to change these terms and conditions from time to time. You should check these terms and conditions every time you use the Website. By using the Website you will be treated as having consented to these terms and conditions and/or any revised terms and conditions which may appear from time to time.
 
Additional terms and conditions
Provisions relating to placing of the order and when the contract between you and FFX is formed.
1. Orders through the Website must only be placed by individuals over the age of 18.
2. On the Website FFX makes available foreign currency for purchase in respect of holiday and business travel (but not for investment, speculation or any other purposes).
3. Please follow the steps on the screen in order to place an order. FFX reserves the right to ask for further information in order to process your order.
4. FFX will use various procedures to authenticate each transaction for the purposes of law and regulations including anti-money laundering regulations. FFX reserves the right to decline to continue to process any part of your order at any time.
5. You will be able to correct the details of your order any time up until you press the "Buy Now" button which confirms order at the bottom of the payment details page. After that point you will no longer be able to correct details on your order, so please make sure they are correct at that time.
6. FFX will send you an email acknowledgement of your order once it has received it but please note that this is an acknowledgement only and does not constitute acceptance of your order by FFX.
7. Once you have placed your order for foreign currency on the Website by pressing the "Buy Now" button at the bottom of the payment details page this will authorise FFX to action your order and you will not be allowed to cancel it subject to the cancellation policy set out in paragraph 8 below. Should you wish to make any amendments to your order after you have placed your order by pressing the "Buy Now" button at the bottom of the payment details page, FFX will use its reasonable endeavours to accommodate your needs. If you wish to amend your order please send an e-mail to firstfxsupport@fairfx.com . Any such amendments will be subject to the applicable foreign exchange rates as published on the Website by FairFX from time to time. If FairFX agree to amend you order you will receive an e-mail to confirm this. However FairFX is under no obligation to accept any such amendments to your order and FairFX accepts no liability or responsibility in the event that it decides not to do so.
8. You may cancel your order by providing FFX with written notice of cancellation, by email to firstfxsupport@fairfx.com, at least 7 days prior to delivery of your order. FFX will have purchased your order at a foreign exchange rate. In the case of cancellation you will receive a refund at the foreign exchange rate prevailing at the time of cancellation of the order which may be different to the foreign exchange rate at the time of your order as exchange rates fluctuate.
9. All orders are subject to acceptance by FFX and FFX will confirm such acceptance to you by sending you an email that confirms that the order has been accepted. The contract between FFX and you will only be formed once FFX sends you the confirmation email that your order has been accepted. Until that time there will be no binding arrangement for FFX to supply you with any foreign currency or other services. You should print and retain a copy of the confirmation email for your records.
10. FFX is not obliged to accept any order and may decline to do so for any reason
Price, Availability and Delivery
11. Your foreign currency will be delivered at the time and made available in the manner set out on the confirmation email. In the event that you have arranged for your order to be delivered FairFX will use Royal Mail special delivery. FFX accepts responsibility for your order up to the point of collection by Royal Mail. Problems at Royal Mail such as service disruptions, delays or failure to deliver are therefore outside the control of FFX. Upon delivery, please ensure that the package is not torn, has not been opened and does not appear to have been tampered with before signing. If you are not happy with the condition of the package do not accept it or sign for it and inform us immediately of any problems. If your delivery does not arrive please inform FFX immediately. Upon being made aware of any problems regarding deliveries, FFX will then liaise with Royal Mail on your behalf and keep you informed as to the reason for the problems and the steps being taken to resolve the issue.
12. The price payable for the foreign currency that you order will be as shown on the confirmation screen and is only valid for a short period of time as Foreign exchange rates continually fluctuate. If you do not submit your order immediately you enter the confirmation screen the price many change and you will need to enter the screen again to see the updated price.
13. FFX has the right to revise and amend these terms and conditions from time to time. You will be subject to the terms and conditions in force at the time you place an order with FFX. By placing an order you agree to the terms and conditions in force at the time the order is made.
14. FFX is entitled to refuse, withdraw or cancel your foreign currency order at any time, for any reason. FFX may terminate any foreign currency order at any time.
15. Should any order be cancelled before being processed, your card issuer may suspend the associated funds for up to 5-7 days, before releasing them back into your account. Please be advised that this is beyond FFX’s control. As such, FFX accepts no liability for such actions. Please note that FFX does not refund cash advance charges made by your card issuer and that the late cancellation fee may also be subject to a cash advance fee from your card issuer.
FFX may also terminate any contract it has with you if it is required to do so on instructions of any law enforcement agency or regulatory body. In this case FFX may retain all or any of your money if it is required to do so by law and then deal with it as ordered by a court or other body of competent jurisdiction.
 
Anti-money laundering policies
As a Money Services Business (MSB), FFX is registered with and regulated by HM Customs & Excise under Money Laundering Regulations. Our staffs are fully conversant with Anti-Money Laundering guidelines and are aware of their responsibilities in the monitoring and reporting of any actions that raise suspicion or give cause for concern.
FFX reserves the right to perform identity checks in accordance with the Terms and Conditions on all individuals who place an order on the website. For further information on these identity checks please contact firstfxcompliance@fairfx.com.
FFX reserves the right at all times to refuse to process any foreign currency order which it believes in its sole discretion, is connected in any manner to any unlawful or illegal purpose. We have a legal obligation to report to Customs and Excise / NCIS any such suspicious transactions.
FFX is obliged by law to monitor any unusual or suspicious transactions of any size taking place where we have reasons to believe the money is derived from unlawful or illegal activity.
There is a statutory obligation on all FFX employees and their agents to report suspicious transactions to the UK authorities. Where any such report is made, FFX accepts no liability for any delay in transmission of or confiscation of the funds.

Back to previous page