1You must read these Terms of Use before accessing this website. This Website (www.pfgsmartcredit.com.au) or any other websites owned by PFG Money Pty Ltd) is owned by "PFG Money Pty Ltd", hereinafter referred to as “PFG Money” or “we” or “our” or “us” in this document. By accessing our websites or using any of our Services you agree to be legally bound by these Terms of Use. Please do not access or use any of our Services if you do not accept these Terms of Use.These Terms of Use govern your use of the Services for which you register including without limitation your access to our online transaction portals.
2PFG Money provides to customers, directly or through our affiliates, international money transfer services, i.e. electronic transfer of funds for payment to the beneficiary by direct credit to a nominated bank account or in cash or in electronic form through a ‘correspondent’ located anywhere in the world. PFG Money is regulated under Australian Transaction Reports and Analysis Centre(AUSTRAC).
3PFG Money believes that all information contained in the website is correct and no warranty is assured for the accuracy or reliability of the information contained. We disclaim all liability and responsibility for any direct or indirect loss or damage which may be experienced by any recipient by relying on the information contained in or omitted from our web site
PURPOSE OF WEB SITE
1Any and all information and content made available through the website("Information and Content") is provided solely as a convenience to you for general informational purposes only and are not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice. The Services and all Information and Content is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever.PFG Money grants you a limited license to view and otherwise access content on the Website, but you are not authorized to use such content or source code for any other purposes.By providing the Information and Content on this Website, PFG Money undertakes no obligation to update the Information.
2The website allows restricted access to registered customers or affiliates that allows you to book transfer requests (hereinafter referred "the Services"). You may access to the Services by login into your account in the Website, in which case these Terms of Use will also apply to the extent that they are relevant. Any Services provided to you will be provided only pursuant to PFG Money's Terms and Conditions which you must agree to in addition to this agreement and prior to the provision of any such Services. In the event of any inconsistency between this Agreement and the relevant Terms and Conditions, the provisions of the Terms and Conditions will prevail.
USE OF PFG MONEY SERVICES
1It is your responsibility to ensure that the Account is only accessed by you and that you keep your login details, password or other security features associated with your access safe and secure. If you have any knowledge or any suspicion that any of these security features have been stolen or misappropriated or used without authorisation or otherwise you must contact us immediately. Any undue delay in notifying us may affect the security of your Account and /or result in you being liable for any losses as a result.
2Forecasts or currency converters herein are based on assumptions, market conditions and available information at the time of writing and may change without notice. In particular, currency converter rates are updated at defined intervals only. These rates are a guide only and the rates of exchange available to you will be the rate displayed at the time of submitting a transaction.
3PFG Money may suspend your account on relating to any unauthorized, fraudulent, breach of the Terms of Use and any violation of applicable laws.
4PFG Money may access your personal data while you access this website or availing Services offered by us. The personal data collected is within the meaning of Privacy Act and collect, store and process in accordance with the privacy legislation. We may use your personal information to allow us to provide you the Services and to assess risk or monitor your use of our Services.
5We may conduct searches through Document Verification Services Providers and other sources of information to allow us to provide the Services to you. We will access all risk assessments and Know Your Customer requirements before any Services are provided.You confirm to us that any personal data which you or any of your officers, employees, agents or sub-contractors, supply to us at any time, has been lawfully obtained and will be lawfully supplied to us and that all relevant consents have been obtained from such customers.
INFORMATION ON THE WEBSITE
1PFG Money does not guarantee the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of any of the Information and Content, including without limitation any information posted on the website. You agree that all risk associated with the use of, or reliance on, any of the Information and Content accessed through the Services rests with you. You further agree that PFG Money shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any of the Information and Content.
LINKS AND ADVERTISEMENTS
1The hyperlinks, advertisements and pointers to other websites published in this Website do not form part of this Website and that any information, data, opinions, advice, or statements contained within such websites are not under our control and responsibility. You are allowed to enter those websites entirely at your own risk.
DISCLAIMER
1The materials contained in this Website are provided without warranty of any kind. We will not be liable for any damages arising out of the use of, or inability to use the Website. We do not provide warranty to the accuracy or completeness of the information, text, graphics, links or other items in the Website. We may make changes to this Website at any time without prior notice. Information within the Website may contain technical inaccuracies or typographical errors. We reserve the right to make changes, corrections or improvements to the materials published in this Website at any time, without notice.PFG Money will use all reasonable efforts to provide access to the Website at all reasonable times, but cannot guarantee that such access will never be interrupted as a result of technical or other unforeseen problems.PFG Money employs SSL encryption technology, but cannot guarantee that the Website will always be free of viruses or bugs or that any communication between you and the Website is secure from interception by third parties.
PRIVACY AND PERSONAL INFORMATION
1You acknowledge that you have read and agree to all of the terms of PFG Money Privacy Policy,and that you agree to the incorporation of the Privacy Policy into these Terms of Use.
PROPRIETARY RIGHTS
1PFG Money,Website, PFG Smart Credit and all the logo shall remain the trade-marks, trade names and exclusive property PFG Money Pty Ltd. Any unauthorized use of these marks is unlawful. The Information and Content may be used by you only for your personal, non-commercial use as expressly provided for in the permitted uses and may not be taken out of context or presented in a misleading or discriminatory manner.
It is illegal to modify, publish, license, copy, transfer, or sell any information, materials, software, products or services from this website without our written permission. Evading this will result in the violation of the Copyright Act 1968.Any rights not expressly granted to you are reserved by PFG Money.You agree to use the Website only for legitimate purposes. You agree not to interfere with reverse-engineer any code, data or software on or associated with the Website.
FORCE MAJEURE
1In addition to applicable disclaimers stated above, PFG Smart Credit performance under these Terms of Use shall be excused in the event of interruption or delay due to causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labour disputes or controversies, acts of any third party data providers or other third party information providers, third party software, or communication method interruptions.
LIMITATION OF LIABILITY
1We abide by the rights and remedies available under the Trade Practices Act 1974 or similar legislation of other States or Territories and may not be permitted to be modified, restricted or excluded. PFG Money and its related entities exclude all conditions and warranties that may be implied by law apart from those that cannot be excluded. Our liability for breach of any implied warranty or condition to the extent permitted by law, we will not be liable in any way for any loss, damage, liability, claims and expenses including legal costs and defence or settlement costs whatsoever, whether direct or indirect, consequential, financial or non-financial, suffered by you or arising out of, or referable to, the Website, third party websites, howsoever caused whether in contract, tort (including negligence), statute or otherwise. Please note that liability is limited by scheme approved under the Professional Standard Legislation.
JURISDICTION
1We reserve the right to take whatever legal action necessary for the security of this website and the intellectual property rights of the information. Such actions will be initiated for the breach of the Copyright Act 1968 (Cth), Trade Marks Act 1995 (Cth), Trade Practices Act 1974 (Cth) and the Privacy Act 1988 (Cth), breach of contract and any obligation of privacy. All our legal notices and your use of this website will be governed by and interpreted in accordance with the laws ofAustralia. While using our website you are completely and permanently submitting to the jurisdiction of the courts of Victoria, Australia. Any misuse of our information without our consent will be liable for prosecution.
UNLAWFUL ACTIVITY
1PFG Smart Credit reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action PFG Money deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.
INDEMNITY
1You agree to indemnify, defend, and hold PFG Money and PFG Money's affiliates, business partners, officers, directors, employees, and agents harmless from any loss, liability, claim, action, suit, demand, damage, or expense (including reasonable legal fees, costs of investigation and court costs) asserted by any third party relating in any way to, or in respect of, your use of the Services, any third party applications, software, information, content, or materials you post or share on or through the Services, or breach of these Terms of Use. PFG Money reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
