Terms & Conditions

1. ABOUT THE WEBSITE

Welcome to curfex.com (the 'Website'). The Website provides international money transfer services via the Internet (the ‘Services’).

Curfex (HK) Limited is a licensed Money Service Operator registered with the HK Customs and Excise Department (License no: 20-12-02994).

The Website is operated by Curfex (HK) Limited Curfex'). Access to and use of the Website, or any of its associated Services, is provided by Curfex. Please read these terms and conditions (the 'Terms') carefully.

Curfex reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Curfex updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

Before you continue, we recommend you keep a copy of the Terms for your records.

2. ACCEPTANCE OF THE TERMS

By visiting our Website and/or using our Services, this signifies that you have read, understood and agreed to be bound by the Terms. You also confirm acceptance of the Terms by clicking to accept or agree to the Terms where this option is made available to you by Curfex in the Website. If you do not agree with the Terms, please cease usage of the Website, or any of the Services, immediately. The following additional documents are to be read together with the Terms:

3. REGISTRATION TO USE THE SERVICES

In order to access the Services, you must first register for a customer account through the Website (the 'Account'). You must be at least 18 years old, and a resident of Hong Kong to be eligible.

As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal or company information and/or documentation as prompted. You warrant that any information you provide to Curfex in the course of completing the registration process is accurate, correct and up to date. We may request for additional documents and/or information at any time, if such need arises.

We are required by law to conduct the necessary customer due diligence checks on you in order to provide our Services to you. You authorize Curfex, directly or through third parties, to make any inquiries we consider necessary to validate your identity and the information provided to us during the course of your Account usage.

Upon our acceptance of you as a customer, we will send you a notification that your customer account is now active. You will be a registered member of the Website (the 'Member').

If you have not used our Services for a period of 2 years, your Account will be closed automatically. Upon which, should you wish to continue use of the Services, you will need to reapply for a new account.

Duplicate accounts are prohibited. Curfex shall reject the registration of duplicate accounts for the same user. Curfex reserves the right to terminate or merge any duplicate accounts detected.

4. SERVICES

We may, at our discretion, impose limits on the amount of payments you can send through our Services.

When requesting for Services ('Instruction'), you must provide us with all relevant information as requested on the Website. This information requested are in line with the regulatory requirements that govern our Services. It is your responsibility to ensure that the information provided in the Instruction is accurate and complete. In the event that incorrect payee details were provided in the Instruction, we shall reasonably assist you in the recovery of your payment. We shall not be liable for any losses you incur.

Upon receiving your Instruction, we shall provide you with a quote. The exchange rate offered in the quote shall be valid for 24 hours. We will proceed with the fulfillment of Services ('Payment') after receiving the cleared funds required for the transfer ('Transfer Amount'), which includes our Services fees. In the event where the Transfer Amount is only available after this period, Curfex will not be able to offer the quoted rate. We will proceed with Payment at the exchange rate at receipt of the Transfer Amount or we will email you to ask if you want to proceed with your transaction. The revised quote will be sent to your email and will also be made available in your Account on the Website.

We will do our best to honor the exchange rate provided in the quote. In the event that there’s a 2% or more change in exchange rate in the 24 hours validity period, we reserve the rights to update the exchange rate and provide you with a revised quote or cancel your Instructions and refund any related cleared funds to you.

If the Instruction is received after 5 pm HKT on a business day or not on a business day, the Instruction will be deemed to have been received on the next business day.

The Instruction would be cancelled after two (2) business days from date of Instruction receipt should Curfex not receive the cleared funds required to carry it out. A cancellation email will be sent to you and your Account on Website will be updated.

Any requests for cancellation of Payment is only possible if Payment has not been processed. In the event where Payment has been processed, we shall not be liable to provide a refund or any losses you may incur.

We reserve the rights to refuse your Instruction where:

the information provided is not accurate and complete;
we are required to fulfill our AML Compliance Obligations.

Within two (2) business day of Payment, a Receipt will be sent to your email and made available on your Account on the Website. This is for your record keeping purposes and concludes the Services for the Instructions provided. Such Transfer Complete confirmation by us is made on a best effort basis, Curfex shall not be held liable in any means.

You will be able to access and review your transaction history on your Account on the Website.

5. YOUR OBLIGATIONS AS A MEMBER

As a Member, you agree to comply with the following:

you will use the Services only for purposes that are permitted by:
1. the Terms; and
2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
you have the sole responsibility for protecting the confidentiality of your password and/or account login details. Use of your password by any other person may result in the immediate cancellation of the Services;
any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Curfex of any unauthorized use of your password or email address or any breach of security of which you have become aware; and
access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Curfex providing the Services.

6. Service Fees

Payment for the Services (the'Services Fee') shall be borne by you and made available to us with the Transfer Amount.

You acknowledge and agree that where Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee. We also reserve the rights to refuse Payment until receipt of Services Fees.

You agree and acknowledge that Curfex can change the Services Fee at any time.

7. REFUND POLICY

There shall also be an administration fee charged for refunds (the'Refund Fee') in any of the following circumstances. Curfex shall deduct this Refund Fee and our Services Fee from the amount of Cleared Funds received by Curfex from the Member. The balance of which shall be refunded to a bank account in the Member’s name of their choosing (refunds to third party accounts are not possible).

When Member requests for cancellation of Payment and the Payment has not been processed;
When Curfex refuses Member’s Instruction;
When the banks or financial institutions used to fulfill the Payment have refused the Payment due to incorrect information provided by the Members, their regulatory requirements or any other valid reason and the funds are returned to Curfex;
When the Payee’s account is invalid, payment is not possible, and the funds are returned to Curfex.

We will only provide you with a refund of the Services Fee in the event we are unable to continue to provide the Services or at our absolute discretion, that it is reasonable to do so under the circumstances. We also reserve the right to pass on any foreign exchange rates losses to the Member (where applicable) and this cost will be deducted from the amount of Cleared Funds.

8. INTELLECTUAL POLICY

The Website, the Services and all of the related products are owned or controlled and reserved by Curfex.

All trademarks, service marks and trade names are owned, registered and/or licensed by Curfex, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

use the Website pursuant to the Terms;
copy and store the Website and the material contained in the Website in your device's cache memory; and
print pages from the Website for your own personal and non-commercial use.

Curfex does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Curfex.

Curfex retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer to you any:

business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;
a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

You may not, without the prior written permission of Curfex and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

9. PRIVACY

Curfex takes your privacy seriously and any information provided through your use of the Website and/or Services are subjected to Curfex's Privacy Policy, which is available on the Website.

10. GENERAL DISCLAIMER

Our acceptance of you as a Member is at our sole discretion and we reserve the rights to decline opening a customer account for you without having to specify a reason.

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Hong Kong Consumer Law (or any liability under them) which by law may not be limited or excluded.

Subject to this clause, and to the extent permitted by law:

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Curfex will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Curfex make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Curfex) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

ailure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the Services or any of the products of Curfex; and
the Services or operation in respect to links which are provided for your convenience.

11. LIMITATION OF LIABILITY

Curfex's total liability arising out of or in connection with the Services or these Terms,however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

You expressly understand and agree that Curfex, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability.

This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

12. TERMINATION OF CONTRACT

The Terms will continue to apply until terminated in writing by

you, with immediate effect, via the 'Get in Touch' link on our homepage;
us by giving you seven (7) business days notice.

Curfex may at any time, suspend or terminate your Account, without notice, if:

you have breached any applicable law or regulation and/or any provision of the Terms or Intend to breach any provision;
we have reason to believe you are involved in any acts contrary to the public order and morals laws and ordinances;
we have reason to believe you have breached any applicable law or regulation;
we have reason to believe you are involved in any predicated crime, money laundering or terrorism financing; or
the provision of the Services to you by Curfex is, in the opinion of Curfex, no longer commercially viable.

13. INDEMNITY

You agree to indemnify Curfex, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with information you have provided during Registration and in Instructions;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
any breach of the Terms.

14. DISPUTE RESOLUTION

Compulsory.

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).

Notice.

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution.

On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

Within fourteen (14) days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
either agree upon selection of a mediator or request that an appropriate mediator be appointed, if for any reason whatsoever, fourteen (14) days after the date of the Notice, the Dispute has not been resolved;
each pay their own costs associated with the mediation. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The mediation will be held in Hong Kong.

Confidential.

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

Termination of Mediation.

If a reasonable period of time has elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15. GOVERNING LAW

Any dispute arising out of or in connection with the Terms shall be resolved by the Parties through mutual good faith consultation, failing which the same shall be referred and governed by the jurisdiction of Hong Kong.

16. SEVERANCE

If any part of these Terms is found to be unenforceable by a Court of law, that part will be enforced to the maximum extent permissible under the applicable law. The remainder of the Terms shall remain in full force and effect.