Terms and Conditions
This Terms and Conditions apply to Fuzewise Consulting Company Limited (referred to as the “Company” or “we” and through similar words such as “us,” “our,” etc.). In this document, we describe the Terms and Conditions when you visit our product, www.fuzeXchange.com and any future associated Mobile Applications (collectively the “Product”) and use the services available on the Product (“Services”).
1.1. “Service Provider” refers to Banks and Retail Money Changers who provide, buy, and sell foreign currency notes.
1.2. In these Terms words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa.
1.3. All and any business undertaken between you and us is subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail unless expressly otherwise agreed between you and us in writing. No variation of these Terms shall be valid if made without our written consent.
1.4. These Terms supersede all previous terms of business.
1.5. In these Terms, any phrase that includes the words other, including, for example, such as or in particular (or any similar expressions) shall be deemed to include the phrase "without limitation".
Services available on our Product include, but not limited to, providing information about foreign currency exchange rates. Users may reserve foreign currency via our Product and collect the currency reservedat the Company business partner retail locations.
2.1. Foreign Exchange Rate
2.1.1. Foreign currency exchange rates information is extracted from service providers’ public information and/or given by them directly. The Company has no control to the accuracy of the information as they are either public information posted by the service providers or direct submission to the Company. The Company has taken every care in preparing the information and materials contained in this site, such information and materials are provided on an "as is" basis without warranty of any kind and may be changed at any time without prior notice. You are encouraged to verify the information directly or indirectly with the service providers.
2.1.2. Explanation of Terminology
126.96.36.199. “Average Rate” is the average of the exchange rates base on the listed service providers in each currency pair in a particular market
188.8.131.52. “Compare to the Average” is calculated based on the difference between individual service provider’s exchange rate and the “Average Rate” of that particular market
184.108.40.206. “Best Rate” is the highest positive difference among the “Compare to Average”. In other words, User is expected to receive largest amount of foreign currency when they choose the “Best Rate” listed service provider to buy the selected foreign currency. The “Best Rate” only applies to the listed service providers.
2.2. Click and Choose/Collect Foreign Currency
2.2.1. The Company may provide reservation of foreign currency services through our Product with collection of the currency note at the service providers’ locations. Once you have placed the reservation of currency note via our Product, you do not have a legal obligation to complete the transaction. However, you are encouraged to do so in order to maintain a positive record with the provider.
2.2.2. The fulfilment of providing the foreign currency notes is handled by the service providers. The Company has service agreements with the service providers to ensure certain service standards. However, by no means, does the Company have any absolute control on the fulfilment process such as pick up process, operating hours, availability of the currency notes, denomination of currency etc. If the service provider is not able to fulfil the reservation, the Company is not liable for any loss or damages arising directly or indirectly from this situation.
2.2.3. The reservation service is limited to the currencies listed in our Product. The list of currencies may change from time to time.
2.2.4. We reserve the right to cancel or decline your reservation(s) without reason.
2.2.5. Reservations must be collected within the reservation period stipulated on the reservation and confirmation forms. Reservation periods may differ from provider to provider. For example, if a provider allows for a one (1) day reservation period, currency reservations made on Monday have to be collected before the end of operating hours of the selected service provider on the immediate Tuesday, which is the next working day. Working day is based on the selected service provider’s operating hours, and may include Saturdays, Sundays and Bank or Public Holidays. If you fail to collect your reservation within the reservation period, your reservation will be cancelled.
2.2.6. You may cancel your reservation at any time prior to the collection by logging in to our Product. There is no penalty for cancellation of reservation.
2.2.7. Collection is subject to the operating hours of the service provider’s location. Information of addresses and operating hours of service providers are detailed in your reservation.
2.2.8. Based on the guideline of Hong Kong Anti-Money Laundering and Counter-Terrorist Financing for Money Service Operators (Remittance Agents and Money Changers), service provider must conduct customer due diligence (CDD) when currency exchange amount is over HKD 120,000. However, we may require proof of identification at collection even if the currency exchange amount is below HKD 120,000 in order to comply with regulatory requirements. If necessary, we may use your personal information to perform Know Your Customer (KYC) checks ourselves and/or using third parties.
2.2.9. We reserve the right to request further information from you at any time to enable us to complete your reservation and/or to comply with regulatory requirements. 2.3 Sign up as Member
The information provided by our Products are free to use by all Users. However, certain information and services may be restricted to registered members. Membership is free.
3. Product and our Services
3.1. You promise that:
3.1.1. your e-mail address and other contact information provided to us are accurate and that you will update us with any changes to your contact information.
3.1.2. in using our Product and our Services, you will not:
220.127.116.11. do anything that may lead to the encouragement, procurement or carrying out of any criminal activity;
18.104.22.168. do anything that may cause you or us to breach or attempt to breach any applicable laws;
22.214.171.124. e-mail, transmit or otherwise disseminate any material which is defamatory, obscene, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise discriminates against, degrades or intimidates any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or which breaches the rights of others (including copyright and other intellectual property rights);
126.96.36.199. distribute unsolicited communications including 'spam' e-mail;
188.8.131.52. transfer files that contain viruses, trojans or other harmful programs or use the our Product in any way that may damage or disrupt another's computer;
184.108.40.206. access or attempt to access the accounts of other members, penetrate or attempt to penetrate our security measures or use our Product or our Services as a means to collect or store personal data about others;
220.127.116.11. include identifying information (such as telephone numbers, e-mail addresses, message service identifiers, VOIP identifiers, postal addresses, website addresses or name, company name, instruction agency or organization or any other contact information through which you can be contacted) on our Product or in any messages sent to other members through the our Product; nor
18.104.22.168. use our Product and / or our Services other than in good faith for your own purposes.
3.2. We reserve the right at any time to suspend, restrict or terminate your account or your access to our Product and / or our Services without notice at our absolute discretion if we have reasonable grounds to believe you or a relevant third party has broken the promise and undertakings made by you at paragraph 3.1 or otherwise at our discretion where we have reasonable grounds for doing so.
4. Product and its contents
4.1. Your use of our Product and its contents grants no rights to you in relation to:
4.1.1. intellectual property rights (including but not limited to copyrights, trademarks, design rights or patents in relation to logos, graphics, photographs, images, sound recordings, compositions, animations, videos and text) (IP Rights) in our Product and its contents and in relation to our Services, whether owned by us or by third parties; or
4.1.2. IP Rights in any User Content submitted to our Product by other members.
4.2. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on our Product or the computer codes of elements comprising our Product other than for your own personal non-commercial use. Subject to 4.1, you may download insubstantial excerpts of this content to your hard drive for the purpose of viewing it provided that no more than one copy of any information is made.
4.3. Any use other than that permitted under Paragraph 4 may only be undertaken with our prior express authorization and / or the prior express authorization of the holder of the relevant IP Rights. If you copy, reproduce, republish, download, upload, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way any content belonging to others without their permission, you will breach these Terms and may be infringing the rights of others, which may be a breach of applicable laws.
5. Our Legal Obligations
5.1. As a consumer, you have certain statutory rights in relation to the services provided by us, including the right to receive a reasonable standard of service. Nothing in paragraph 5 shall restrict those statutory rights.
5.2. We accept liability for death or personal injury caused by our sole fault or that of our employees and agents to the extent as required by the relevant laws. We do not seek to exclude liability for fraud by us or our employees or agents.
5.3. All the following provisions of paragraph 5 shall be subject to paragraphs 5.1 and 5.2.
5.4. If we breach these Terms we shall only be liable to the extent for losses which are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where they could be contemplated by you and us at the time of entering into an agreement on these Terms.
5.5. You agree and acknowledge that we shall not be responsible or liable for:
5.5.1. indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into the agreement on these Terms, including loss of profits and loss of opportunity; or
5.5.2. failure to provide our Product or our Services or to meet any of our obligations under these Terms where such failure is due to any cause or event beyond our reasonable control.
5.6. We do not accept any liability for damage to your computer system or loss of data that results from your use of our Product and / or the Services and we cannot guarantee that the Product or any files that you visit, access and/or download are free from viruses, contamination or destructive features.
5.7. Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information and other material on our Product itself will be free from errors or omissions.
5.8. We strongly recommend that you run anti-virus programs on any information, content obtained via our Product. We will, however, seek to react quickly to any complaints regarding our Product or other content on our Product or the conduct of other members and we treat such complaints very seriously. If you wish to make complain, please contact us.
5.9. All content and services on our Product are provided on an 'as is' and 'as available' basis. We do not make any promise or representation in respect of our Product or its content, advertisers or other third parties on or via our Product. Any decisions or actions taken by you on the basis of information provided on or via our Product are at your sole discretion and risk and you should obtain individual professional advice where necessary.
5.10. You undertake to compensate and indemnify us for all (if any) claims, liabilities, costs and expenses (actual or consequential) that we may suffer, which arise out of or in connection with your use of our Product and / or the Services, in particular in relation to:
5.10.1. your breach of any provision of these Terms;
5.10.2. your violation of any law or the rights of a third party.
5.11. We may provide links from our Product to other websites from time to time (via advertising or otherwise). These links are provided for your ease of reference and convenience only. We do not control such third party websites and are not in any manner responsible for their contents. Our inclusion of links to such third party websites does not imply any endorsement of the material contained in such third party websites nor any association with their operators. You acknowledge that we shall not be party to any transaction or contract with a third party that you may enter into. You agree that we shall not be liable to you in respect of, and that you shall not involve us in any dispute between you and a third party in relation to, any loss or damage which you may suffer by using third party websites.
5.12. We assume no liability to you arising out of or in connection with any agreement between you and us on these Terms.
6.2. You acknowledge that we may withdraw your access to our Product or any of our Services for any period and if necessary permanently, at our sole discretion without liability to you, provided that we shall still fulfil any obligations to provide you with contact details purchased by you and to provide any Services that you have paid for (or alternatively we shall refund you for such payments).
6.3. We are constantly looking for new ways to improve our Product and our Services. We therefore reserve the right to amend these Terms at any time by giving you notice. We may also change these Terms for legal, regulatory or security reasons by giving you notice. Notice will be given by means of a notice on our Product and a link to the current version of these Terms will at all times be available on our Product. For particularly important changes to these Terms, we may in addition e-mail you to bring such changes to your attention. If we change these Terms and that change is to your detriment, you may terminate any agreement with us for us to provide Services to you by giving us notice, in which case we shall refund any sums paid by you in relation to those Services to be performed after the date of change of these Terms.
6.4. As part of the registration process, you will receive a verification e-mail, the purpose of which is to take reasonable steps to ensure that the e-mail address you have nominated during registration is controlled by you. That e-mail contains simple instructions which you must follow to complete the registration.
6.5. We reserve the right to withdraw or modify aspects of our Product or our Services, or the entirety of them, where we have legal or commercial reasons to do so. There may also be times when our Product or the Services become inaccessible as a result of technical difficulties. We will, however, use reasonable skill and care to overcome these difficulties where they are within our reasonable control.
6.6. Where we reserve a right in these Terms, it does not mean we will be obliged to exercise it.
6.7. You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you are making the relevant purchase, prior to any fees being taken.
6.8. Together, these Terms and our Governing Documents contain the whole of the agreement between us and you concerning our Product and our Services and supersedes all earlier agreements and understandings with you, provided that nothing in these Terms will limit liability for fraud. A person who is not a party to an agreement based on these Terms has no right to rely upon or enforce any provision of that agreement.
6.8.1. In the event that any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable.
6.8.2. These Terms and any claim or dispute (whether contractual or non-contractual) in relation to these Terms shall be governed by and interpreted in accordance with relevant Hong Kong law. If you wish to take court proceedings against us, you must do so within the Hong Kong Special Administrative Region.