These Terms and Conditions (Terms and Conditions) apply to and govern the use of the services provided by KlickEx Pacific (Services) and include details on how to use the Services and the associated benefits and risks. If you have any questions about these Terms and Conditions, the Services or KlickEx Pacific, please contact us by email at support@klickex.com.
These Terms and Conditions form your agreement with KlickEx Pacific. You should read these Terms and Conditions carefully before deciding whether to use the Services. By using the Services, you agree that you have read and understood these Terms and Conditions and you accept them as the terms and conditions of a binding agreement with KlickEx Pacific.
Consequential Loss means and includes indirect loss and special damages, loss of revenue, loss of profits, loss of business, loss of anticipated savings, loss of goodwill, loss of data, claims of third parties, and loss or cost sassociated with clause 23.
Australian Consumer Law has the meaning given in the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time.
Consumer has the meaning given in the Australian Consumer Law and the New Zealand Consumer Guarantees Act, as applicable.
Customer Identification Procedures means those identification and verification procedures which need to be completedto comply with relevant anti-money laundering and counter terrorism financing Laws and our internal requirements.
Day means a day on which major commercial banks are open for business (including dealings in foreign exchange) in the place where you or your Designated Recipient are located. Designated Recipient means any person or company that you include in your Instructions to receive a Transaction via the Services.
Equipment means
Fees mean the charges payable by you under these Terms and Conditions for use of the Services.
Insolvency Event:
Instruction means any instruction or request given by you to KlickEx Pacific via the Internet and includes instructions or requests to engage in money transfer, bill payment, foreign exchange and mobile top-up transactions.
KlickEx Pacific means:
KlickEx Pacific Personnel means employees, officers and agents of KlickEx Pacific.
KlickEx Pacific Website means the KlickEx Pacific website identified by the common domain name of KlickExPacific.com.
Law means any statute, regulation, rule, subordinate legislation or other document enforceable under any statute, regulation, rule or subordinate legislation.
MNO means a mobile network operator through which Transactions are facilitated as part of the Services, and includes the operators commonly referred to as Digicel, Vodafone and Wantok.
Party means either you or KlickEx Pacific, and Parties means both you and KlickEx Pacific collectively.
Service Provider means any and all service providers, dealers, agents, professional advisers and any other person or entity that provides a service to or for us.
Transaction means any transaction resulting from an Instruction you give to KlickEx Pacific in connection with your use of the Services.
we mean KlickEx Pacific, and us, our and ours each has the corresponding meaning.
you mean you in your role as a user of the Klickex Pacific Website, and your has the corresponding meaning.
KlickEx Pacific will use reasonable precautions to maintain the confidentiality of information it receives from you, including material and/or data you provide, create, input or develop in connection with your use of the Services. Nonetheless, because such information, material and/or data may be provided through the Internet, you hereby acknowledge and agree that KlickEx Pacific cannot assure that such information, material and/or data will continue to be confidential. You accept the risk of a third party intercepting, accessing, monitoring or receiving confidential information concerning you and specifically release and indemnify KlickEx Pacific from any claim arising out of a third party intercepting, accessing, monitoring or receiving any information about you. You acknowledge and agree that KlickEx Pacific may disclose your name and other personal and financial information about you, and any relevant information about a Designated Recipient, to KlickEx Pacific employees, representatives, officers, agents, and affiliates, as well as to a governmental entity or self-regulatory authority, and any other third party agent or Service Provider for any purpose related to offering, providing, administering or maintaining the Services, or to comply with applicable Laws. KlickEx Pacific will treat your personal information in accordance with its privacy policy, which you may obtain by contacting KlickEx Pacific or at the KlickEx Pacific Website.
Due to the inherent risks in transferring funds between parties located in different countries, KlickEx Pacific takes measures to ensure that it is not participating or assisting in money laundering or terrorist financing. Relevant Law enforcement agencies and regulatory authorities may periodically inspect and require copies of customer information and business records held by KlickEx Pacific. To ensure compliance with all applicable anti-money laundering and counter terrorist financing Laws, you should be fully aware that where required by Law all communications and information concerning you held by KlickEx Pacific including, but not limited to, details of Instructions, accounts, and related Transactions, may be disclosed to and reviewed by law enforcement agencies and regulatory authorities.
Rate indications are available on the KlickEx Pacific Website (Indication). The Indication is not binding, and the rates will be as agreed when the Instruction is given.
Should a quoting error occur due to a typographical error or obvious mistake in a quote or Indication (Quoting Error), KlickEx Pacific shall not be liable for any damages, claims, losses, liabilities or costs arising from the Quoting Error. KlickEx Pacific reserves the right to make the necessary adjustments to correct the Quoting Error. Any dispute arising from a Quoting Error will be resolved on the basis of the fair market value, as determined by KlickEx Pacific acting reasonably, of the relevant currency at the time such Quoting Error occurred.
If KlickEx Pacific reverses, alters or cancels any Transaction in response to a Customer request to take such action, you shall be liable to reimburse KlickEx Pacific in full, on demand, for any loss or costs incurred by KlickEx Pacific as a result of such reversal, alteration or cancellation.
An Instruction made via the Internet on the KlickEx Pacific Website will be confirmed by KlickEx Pacific in writing to you by email and you shall on receipt of the Instruction, immediately notify KlickEx Pacific by phone and in writing of any discrepancy, otherwise you shall be deemed to have accepted the confirmation as an accurate record of the Transaction.
then KlickEx Pacific may, at its sole discretion, terminate these Terms and Conditions immediately by Notice to you, and KlickEx Pacific shall be relieved of any obligations set out in these Terms and Conditions or arising out of the transactions contemplated by these Terms and Conditions, including any obligations arising out of any Instruction already placed with and accepted by KlickEx Pacific.
These Terms and Conditions constitute the entire agreement between the Parties with respect to the use and provision of the Services and supersede and replace any and all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter.
Neither you nor KlickEx Pacific (including the KlickEx Pacific Personnel) will be liable for any failure or delay in performance (except for duties of payment) due to a force majeure event or cause beyond the reasonable control of that Party, which shall include acts of God (earthquakes, flood, fire, fog, storm, epidemics, volcanic eruption or other natural disaster, but excluding bad weather), riots, wars, sabotage or inability to obtain sufficient labour, fuel or utilities, failure of telecommunications lines, power failures, power interruptions or shortages, failure or breakdown of machinery, computer or processing systems failures, theft, malicious damage, accidents, industrial disputes or actions, strikes, lockouts, embargo or requisition, acts of government or their agencies, and delays in performance of its personnel, agents, contractors or subcontractors caused by any such circumstances as referred to in this clause. In case of a force majeure event, the affected Party shall promptly notify the other Party in writing and furnish it with all relevant information thereto.
If you use the Services from a location within Australia, these Terms and Conditions is governed by the law of New South Wales and each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts having appeal from them.
If you use the Services from a location within New Zealand, these Terms and Conditions is governed by the law of New Zealand and each party submits to the exclusive jurisdiction of the courts of New Zealand.