| You must read, understand, accept and agree to all parts of this
Agreement without modification before starting or continuing to use any
services or products provided by Everforex via its Website or Sub-domains.
You must explicitly agree to this Agreement before you can register for
Everforex Online services.
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| Everforex may modify this Agreement from time to time by
publishing a note and the amended terms on the Website. All changed terms shall
be automatically effective 7 days later after their initial posting on the
Website.
By continuing to use the products and services provided by Everforex, you will
indicate that you agree to the Agreement being modified by Everforex.
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| You must not use the services and products provided by Everforex
in ways which contravene the laws of Australia, the laws of the country in
which you are accessing the Website or Sub-domains or the laws of any country
to which you have requested exchanged funds be transferred, in all cases
including but not limited to money laundering and drug trafficking laws.
Everforex reserves the right to refuse, stop or cancel the provision of its
products or services to anyone at its sole discretion.
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 Content,
Software, License and Copyright
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The Website and Sub-domains contain information obtained from sources believed
to be reliable and have been prepared in good faith and with all reasonable
care. Everforex makes no warranty, express or implied, concerning the
suitability, completeness, quality or exactness of the information and models
provided on the Website or Sub-domains.
Neither Everforex, nor any party who has contributed to the design or content
of the Website (the “Content Providers”), have any liability to the user, or
any other third party, for the accuracy of the information contained in the
Website or Sub-domains, or for any errors or omissions therein, nor will
Everforex or any of the Content Providers have any liability for the use,
interpretation or implementation of the information or models contained in the
Website or Sub-domains by any person.
Neither Everforex, nor any of the Content Providers, shall be liable to the
user of the Website or Sub-domains, or to any third parties, for claims or
losses of any nature resulting from using the Website and Sub-domains
including, but not limited to, lost profits, punitive, consequential, special,
incidental, indirect or similar damages even if advised of the possibility of
such damages and whether or not such claims or losses are caused by, or can be
attributed to, the negligence of Everforex or any of the Content Providers.
Everforex undertakes no obligation to update the information contained on the
Website and Sub-domains.
The copyright in the Website and Sub-domains belongs to Everforex or the
Content Providers if applicable. You must not copy, sell, transfer or duplicate
anything on the Website or Sub-domains without the prior written consent of
Everforex.
Everforex grants you a non-exclusive, non-transferable and limited personal
licence to access the Website and Sub-domains. If you want to link to the
Website or Sub-domains, you agree not to do so without the prior written
consent of Everforex.
You understand that the Website and Sub-domains do not contain personal advice.
You understand that the information on the Website and Sub-domains is of a
general nature only. You agree to consider that information in light of your
objectives, financial situation and needs, and to consider the relevant Product
Disclosure Statement, before making a decision in relation to any financial
product to which the Website or Sub-domains relate.
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| We will never email you to ask for your user ID and password. When
we write to you, we will always use your full name in the email body.
Once you have registered as a user of the Website and Sub-domains you must
enter your own password and will be assigned a unique user login ID by the
system automatically during the registration process. You are solely
responsible for maintaining the confidentiality of your user ID and password
and of the activities or transactions conducted under you user ID.
You must not tell your password to anybody else. You agree to change your
password at least once every month and to take reasonable steps to ensure that
it does not become available to third parties.
You must notify Everforex immediately if you become aware of any unauthorised
use of your user ID and password. In any case, Everforex will not be liable for
any loss or damage that is incurred as a result of someone else using your user
ID or password, either with or without your knowledge.
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| From time to time Everforex will maintain or upgrade the hardware
and software elements of its electronic products. If Everforex decides such
maintenance is necessary, it will usually occur from 12:00 to 18:00
(hereinafter “Maintenance Time”) on Sundays. During the Maintenance Time the
online services may not be available.
Everforex will use its best efforts to maintain the customer transaction data,
and will provide you with access to your transaction records via the Website
and Sub-domains if you have registered as a user or, if you are not a
registered user of the Website and Sub-domains, upon a request being made by
you to us.
Everforex will not authorise or endorse the reliability, accuracy or
completeness of any information provided on the Website or Sub-domains.
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| Everforex makes reasonable efforts to maintain the health of its
hardware and software. You understand that technical problems or other related
conditions may from time to time prevent you from accessing the Website or
Sub-domains. Everforex shall not be liable for any of your losses caused by
failure to access the Website or Sub-domains caused by a technical problem,
system failure, system defect, broken internet connection, security breach,
high internet traffic volume, or any other condition such as earthquake. |
| Everforex and its officers, employees and agents, and the Content
Providers disclaim all liability for loss or damage caused as a result of
information provided to users of the Website or Sub-domains; and are not liable
to compensate you or any other person for any loss, damage, cost or expense
sustained or incurred in connection with any opinion, advice, recommendation,
representation or information expressly or impliedly published in, or contained
on the Website or Sub-domains, or in any disclosure document to which you are
provided access, or in connection with any application you make through the
Website or Sub-domains for financial products notwithstanding any error or
omission including negligence. |
| This Agreement shall be governed by the laws of Victoria,
Australia and is subject to the exclusive jurisdiction of Courts of that State.
If any part of this Agreement is unlawful, void or unenforceable, that part
will not affect the validity and enforceability of any remaining provisions.
You agree to comply with the laws applicable in Australia, in the country in
which you are accessing the Website or Sub-domains and in any country to which
you have requested exchanged funds be transferred.
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| You fully indemnify Everforex and its officers, employees and
agents in respect of any loss, damage, cost or expense which they may sustain
or incur in connection with your use of the Website and Sub-domains. |