Conditions of Use
1. The website (www.ceylonexchange.com.au) is owned by Ceylon Exchange. This website is offered to you on the condition that you accept without modification the terms, conditions, disclaimers and privacy policies contained herein. Your use of the website constitutes your consent to all such disclaimers, privacy policies and other terms & conditions.
2. In order to access and use the website and avail of any facility you must be an individual of at least 18 years of age who can enter in to legally binding contracts under applicable law or a company, trust, incorporated or unincorporated association which can enter into legally binding contracts under applicable law. In case of a company, trust, incorporated or unincorporated association, you must be authorized to agree to the Terms and Conditions and to access, use and avail of the website and the services provided by Ceylon Exchange. If you do not qualify, please do not access or use the website or our services.
3. Ceylon Exchange has no obligation to monitor the services. However, Ceylon Exchange reserves the right to review materials posted and to remove any materials in its sole discretion. Ceylon Exchange reserves the right to terminate the users’ access to any or all of the services at any time without notice and for any reason whatsoever.
4. Ceylon Exchange reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Ceylon Exchange’s sole discretion.
5. The user hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy contained on the Ceylon Exchange website and user hereby consents that the terms and contents of such Privacy Policy are acceptable to them.
Modification of Terms & Conditions
6. Ceylon Exchange may with or without giving notice, change the terms, conditions and notices under which the Ceylon Exchange website is offered, including but not limited to the charges associated with the use of the Ceylon Exchange services. We request the user to regularly review these terms and conditions. Disclaimer of Warranty
7. Ceylon Exchange makes no warranty of any kind regarding the website, content, products or services, all of which are provided on an “as is” and “as available” basis. The user expressly agrees that use of the services is at their sole risk. Ceylon Exchange expressly disclaims any representation or warranty that the website will be free from errors, viruses or other harmful components, that communications to or from the site will be secure and not intercepted, that the services and other capabilities offered from the site will be uninterrupted, or that its content will be accurate, complete or timely. Any material downloaded is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
8. Other than those warranties which, under the laws applicable to these terms, are implied by laws, and are incapable of exclusion, restriction or modification, Ceylon Exchange expressly disclaims all warranties and conditions, including implied warranties, fitness for a particular purpose, title, non-infringement, and those arising by statute or otherwise in law.
Conditions of Service
9. Your request to Ceylon Exchange to effect a remittance is an acknowledgement on your part to pay all applicable charges. In addition to the charges of Ceylon Exchange our affiliate banks in the beneficiary country may also deduct their charges before making the payment or crediting Beneficiary’s account. You have access to current charges by request or through our web site.
10. Payments in currencies other than Australian Dollars would be made using the exchange rate current at the time of processing the transaction by Ceylon Exchange. The applicable exchange rate would be determined by Ceylon Exchange.
11. Ceylon Exchange reserves the right to claim any payment made to you following presentation of a counterfeit note or notes. It is your responsibility to bring back any such payments.
12. We undertake to process payments during business hours stated on our website once we have the confirmation of receipt of money in Ceylon Exchange accounts and on receipt of complete payment instructions from duly registered customers of Ceylon Exchange. Payment of money over the counter or crediting beneficiary’s account will take place according to the advertised business hours of affiliated banks for this service.
13. Ceylon Exchange will only process payments once satisfied without any ambiguity of identity of the depositor or remitter of a credit to our account. Therefore, the onus is with you to provide depositor’s details such as Ceylon Exchange Loyalty card ID number when money is deposited.
14. Payments will be processed as per the instructions received by Ceylon Exchange by fax, email, through its web site or oral instructions over the telephone. Such instructions received at Ceylon Exchange or taken down by its employees would be the basis for processing payments. Ceylon Exchange will not process payments if minimum required data are not received and will not be responsible for delays. However, Ceylon Exchange will communicate this to you, if customer is identifiable.
15. Ceylon Exchange, its director/s, employees, agents and affiliates will take utmost care to process customer transactions as per the instructions received on time, without negligence on their part. In the event such payments have not been processed as per the advertised guidelines, due to an omission or error on the part of Ceylon Exchange, the Company agrees to refund the fees charged to you. Ceylon Exchange will take prompt action to resolve such matters in its own or liaising with its affiliates to minimize the effect to the customer and the beneficiary. However, in no event shall Ceylon Exchange be held liable and you agree to indemnify, defend and hold harmless Ceylon Exchange for damages, losses, liabilities and claims for delay, non-delivery, non-payment or underpayment of a remittance whether caused by error, omission or negligence on the part of the employees of Ceylon Exchange, affiliates, agents or Otherwise. If there are any overpayments by either party, the overpaid party must refund such amount back to the other party.
16. Ceylon Exchange will communicate with you in the process of effecting payment instructions, forwarding marketing information and for all other future disclosures through the contact details available to Ceylon Exchange. Our primary contact method would be your telephone number. Therefore, you accept to keep your contact details updated by informing us of any change in your contact details.
17. Ceylon Exchange abides to the requirements under Anti-Money Laundering and Counter-Terrorism Financing regulations currently in force in Australia and requirements of our Affiliates in other countries as per their own laws and regulations. In meeting these requirements, we would provide details of your transactions to the Regulatory Authorities as per their guidelines. For this purpose and the business requirements of Ceylon Exchange, you agree to provide true, accurate, complete and current information and documents to Ceylon Exchange. You shall indemnify Ceylon Exchange for any loss caused to them due to your provision of such untrue, inaccurate, incomplete or not current information and Ceylon Exchange will not be responsible for any damages, losses or claims made against them.
Liability Limitation
18. Ceylon Exchange has endeavoured to ensure that all the information on the website is current and correct, but Ceylon Exchange neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained therein. Ceylon Exchange disclaims any liability, responsibility or any other claim, whatsoever, with respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the website or the information contained on the Ceylon Exchange website.
19. The user agrees to indemnify, defend and hold harmless Ceylon Exchange, its owners, employees, partner websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith) asserted against or incurred by Ceylon Exchange and/or its affiliates, its owners, employees partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the user pursuant to this agreement.
20. If any dispute arises between you and Ceylon Exchange during your use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms of Use or the privacy policy, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified and appointed by Ceylon Exchange. The place of arbitration shall be Sydney, NSW. The arbitration proceedings shall be in the English language. The Terms and Conditions shall be governed and construed in accordance with the laws of Australia.
21. If any of the terms and conditions is not acceptable to you having gone through the same in the web site or received manually, or you disagree with any material on the website, your sole and exclusive remedy is to discontinue to use the website or to use the services of Ceylon Exchange.
Contact Information
22. If you have any questions or concerns about these terms or if you need further assistance with respect to access to or use of the site or the services offered by Ceylon Exchange, you may contact us directly at:
Ceylon Exchange
1/1 Station Road
Auburn NSW 2144
Australia
Phone: (02) 9749 7775