Calforex – Online Cash Reservation Terms of Service
These terms are a legal agreement between Calgary Foreign Exchange Ltd. operating as CALFOREX (“we”, “us”, “our”) and you, as the customer (“you”, “your”). Please read all the terms before indicating acceptance. These terms apply to the online services listed below and any updates, upgrades, new features, and related services unless other terms accompany those items. If so, those terms apply. By using our services, or any updates, upgrades, or new features supplied by us, you accept these terms. If you do not accept them, you are not authorized to use the service or any updates. As a customer, you are bound by these terms even if you do not read all the terms.
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DEFINITIONS
“Agreement” means these terms of service, together with other policies which are incorporated by reference;
“Licensor IP” is defined in Section 5.0;
“Personal Information” means personal information about an identifiable individual but excludes business contact information or anonymized data;
“Privacy Policy” means the Calforex privacy policy updated from time to time, the current version of which is posted on our site;
“Services” means Calforex’s Online Cash Reservation ordering facility for foreign currency banknotes;
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SERVICES
SERVICES. You may access the Services to enter an order for foreign currency banknotes and any other services introduced from time to time. The Service is for personal travellers or for individuals seeking to make payments abroad in foreign currencies and should not be used for speculation or investment purposes. Your eligibility for particular services is subject to our final determination and acceptance and any applicable laws.
LIMITS ON THE SERVICE. The Service is only available for the currencies listed from time to time on the online ordering screen. All orders are subject to a maximum value of CAD $10,000.00. The availability of the Service may also be subject to further monetary limits and currency exchange restrictions or applicable law or regulation. You must comply with all applicable laws and regulations, including those relating to anti-money laundering regulations. You may be required to provide valid government issued identification upon request. Frequent flyer points are not awarded in conjunction with use of the Service.
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RETURNS, CHANGES AND CANCELLATIONS
CHANGES. Order details cannot be amended once you have clicked on “Accept Order” on the order completion page. If you require changes, please contact the selected pick-up branch to request an order cancellation.
CANCELLATIONS. Orders may be cancelled by contacting the selected pick-up branch by phone or email and requesting a cancellation. Calforex reserves the right to cancel any orders deemed to be placed frivolously or maliciously (including but not limited to repeated ordering and cancellations or repeated ordering and not picking up). Calforex will make all reasonable attempts to contact clients using provided contact information when cancelling an order.
RETURNS. Calforex does not issue refunds once you have completed your transaction in branch. If you wish to sell back foreign currency, Calforex will purchase it from you at the current listed BUY rate of the branch you return to when selling the currency. Transactions fees may apply. Calforex does not purchase foreign coins.
BUY-BACK. Calforex does not guarantee the buy back of foreign currency banknotes that are in poor condition, are outmoded or out of circulation in their respective countries or are or have become subject to limitations placed on purchase of said banknotes set by Calforex’s suppliers.
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CHARGES
CHARGES. All transactions involving the purchase or sale of foreign currency banknotes are subject to a flat transaction fee of $4.50 CAD excluding any promotion or applicable discount. Transaction fees will be applied when transaction is completed in branch.
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INTELLECTUAL PROPERTY
INTELLECTUAL PROPERTY. We and our third-party licensors own any and all any intellectual property rights and all right, title and interest in and to the Services, our trademarks, any software, modules, updates, upgrades, supplements, new features, any documentation supplied by us (collectively the “Licensor IP”). Licensor IP is protected by Canadian, US and international copyrights. All inventions, discoveries, improvements, software, copyright, know-how or other intellectual property, whether or not protected by patent or copyright, created prior to or during this Agreement pertaining to Licensor IP, are and will remain our sole and absolute property.
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PERSONAL INFORMATION
PRIVACY POLICY. The Privacy Policy is incorporated into this Agreement. We shall abide by the Privacy Policy, and you are also bound by the Privacy Policy, and all applicable provincial and federal personal information protection laws with respect to the handling of Personal Information. You agree that we may use personal information provided by you in order to conduct appropriate anti-money laundering and fraud checks. Personal information that you provide may be disclosed to a credit reference agency which may keep a record of such information.
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RESTRICTIONS
RESTRICTIONS. You shall not and shall not authorize any third party to.
(a) make unauthorized copies of Licensor IP;
(b) modify, decompile, disassemble, translate into another computer language, create derivative works, access the source code, hack, decrypt, rename files, or otherwise reverse engineer Licensor IP;
(c) incorporate any portion of Licensor IP into any products which will be sold, licensed or transferred to a third party;
(d) use Licensor IP in connection with a computer based service business for others, or display the visual output of Licensor IP for others;
(e) distribute, sell, lease, transfer, assign, trade, rent, lease or lend Licensor IP or publish, license, sublicense or cross-license Licensor IP or any part thereof and/ or copies thereof to others;
(f) use Licensor IP or any part thereof in violation of any law or regulation, or for any purpose other than as expressly permitted in this Agreement;
(g) distribute screen shots, or disclose to a third party the results of
any benchmark test of Licensor IP without our written approval.
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WARRANTY, LIMITATION OF LIABILITY & DISCLAIMER
WARRANTY. We warrant that the Services will be provided to you in a professional manner in accordance with all applicable laws, subject to the terms of this Agreement.
DISCLAIMER. Other than the foregoing, the Services are provided “AS IS” without additional warranties, conditions or representations of any kind, and we expressly disclaim, to the fullest extent permitted by applicable law, any warranty or condition, express or implied, statutory or otherwise, whether arising from trade or course of dealing, including, without limitation, any warranty that the Services (i) shall correspond with a particular description, (ii) are fit for your particular purpose, (iii) do not and will not infringe any patent, trademark, trade-secret or other intellectual property or other proprietary rights of any third party, (iv) are bug or error free, or (v) are accessible through all devices or browsers. We make no representations or warranties with respect to third-party software, hardware, service providers.
The information, materials, products and services contained on our site are subject to change from time to time without notice. Not all products and services are available in all geographic areas. Any dated information is published as of the published date only, and we do not undertake or assume any obligation or responsibility to update or amend any such information. Furthermore, by offering Services via our site, no solicitation is made for any person to use such information, products or services in jurisdictions where the provision of such information, products or services is prohibited by law.
ALLOCATION OF RISK. We shall not be liable for any monetary damages whatsoever with respect to your use of the Licensor IP or the Services hereunder, nor shall we be liable for any indirect, incidental, consequential, special, punitive or exemplary damages arising out of this Agreement, even if advised of the possibility of such damages. The entire risk as to the results and performance of the Services is assumed by you and you agree to adopt reasonable measures to review and confirm results prior to use.
LIMITATION OF LIABILITY. Our total liability, whether under the express or implied terms of this Agreement, in tort (including negligence or other duty of care) or at common law, for any loss or damage suffered by you or third parties, whether direct, indirect or special, or any other similar damage that may arise or does arise from the Services or any breach of this Agreement by us, shall in no event exceed the purchase price of the specific Foreign Currency Banknote order giving rise to the damage, claim or complaint
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TERM & TERMINATION
TERMINATION. You may terminate access to the Services at any time by ceasing your use of the Services. Service Suspension. If you default in payment of any fees, your access to the Services may be suspended and we will require you to pay all outstanding fees (plus interest if applicable and any other outstanding amounts) before reinstating your access to Services.
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GOVERNING LAW & DISPUTES
GOVERNING LAW & DISPUTES. This Agreement is governed by the laws of the Province of Alberta, without regard to its conflict of laws rules. Both parties agree that by entering into this Agreement they have attorned to the exclusive jurisdiction of the courts in the Province of Alberta for the resolution of any disputes related to this Agreement.
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GENERAL TERMS
ASSIGNMENT. You will not assign, transfer, encumber or otherwise dispose of any or all of the rights granted to you under this Agreement without our prior written consent. We may assign this Agreement to a third-party upon written notice to you. Enurement. Subject to the limitations in this Agreement, this Agreement operates for the benefit of and is binding on the parties and their respective successors and permitted assigns.
SURVIVAL. All terms which require performance by the parties after the expiry or termination of this Agreement, will remain in force despite this Agreement’s expiry or termination for any reason. The following terms shall survive termination: Sections 6.0, 9.0 and 11.0.
LANGUAGE. It is the express will of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
SEVERABILITY. Part or all of any section that is indefinite, invalid, illegal or otherwise voidable or unenforceable may be severed and the balance of this Agreement will continue in full force and effect.
ENTIRE AGREEMENT. This Agreement set out the entire understanding between the parties related to the Services.
CHANGES. On release of any upgrade, new release or material change in the Services, we reserve the right to modify this Agreement and to impose new or additional terms or conditions on your use of the Services. The then-current terms (including any modifications and additional terms and conditions if applicable) will be presented to you and will be effective immediately upon your acceptance of the terms and continued use of the Services.
ELECTRONIC ACCEPTANCE. This Agreement may be agreed to by written or electronic acceptance.
CONTACT. If you have questions about these terms or wish to contact us for any reason, please contact us at ordercash@calforex.com