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Terms & Conditions

Please read this carefully. By accessing the 1stcontact.com web site at www.1stcontactforex.com/au/terms (the "Web Site") you are agreeing to the terms that appear below, whether or not you register as a user. All 1st Contact Web Sites are collectively referred to in these terms as "the Site".
  1. Introduction
  2. Site Requirements
  3. Use of content and linking to the Site
  4. Registration
  5. Community Forums
  6. No warranties, exclusion of damages, limitation of liability and exclusive remedy
  7. Privacy Policy
  8. Changes to these Terms
  9. Advertising and Sponsorship
  10. Competitions and Prizes
  11. Choice of Law and Jurisdiction
  12. General
  13. Exchange Rate Terms
  14. Governing Law
  15. Disclaimer
  16. Details of Changes

1. Introduction

1stcontact.com is owned and operated by 1st Contact Group ("1st Contact Group.").

As a user, you will be able to access material on most areas of the Site without going through the registration process. Certain areas of the Site are only open to you if you register.

1st Contact Group does not make any charge for you to access the Site. However, you should be aware that your Internet Service Provider and/or telephone operator may charge you for time spent accessing the Site in the same way that you are charged for making telephone calls. You should contact your operator if you require details of these charges.

There is no specific time limit applying to your access and use of the Site on these Terms. However, 1st Contact Group reserves the right to suspend or terminate your access and use of the Site at any time. It may exercise this right with or without notice. If applicable, notice will be given to your e-mail address as notified to 1st Contact GroupIn that event, notice will be deemed to be served three hours after transmission or posting.

2. Site Requirements

Kindly note that this site is designed for IE6 and up, Mozilla Firefox 1.5 and up. We are currently looking into cros-browser compatibility and will be catering for the majority of browsers in the near future.

3. Use of content and linking to the Site

All material on the Site, including News by E-mail and content made available via the SMS and WAP Services (collectively, the "Content") belongs to 1st Contact Groupor its licensors. You may retrieve and display Content on a computer screen, PDA or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk or on your mobile telephone (but not on any server or other storage device connected to a network) for your personal, non-commercial use.

  • providing a personalised service
  • conducting market research surveys
  • running competitions
  • providing you with information about products and services we offer
You acknowledge that "1st Contact Group", "1stcontact.com " are trade marks and that you may not use them without written permission from 1st Contact Group If you would like to link to the Site, please read and comply with the following guidelines and all applicable laws.


A website site that links to the Site:

  • must display a 1stcontact.com logo
  • may not remove, distort or otherwise alter the size or appearance of the logo
  • may link to, but not replicate, the content
  • must not create a frame or any other browser or border environment around the content
  • must not in any way imply that 1st Contact Group is endorsing it or its products or services
  • must not misrepresent its relationship with 1st Contact Group
  • must not present false information about 1st Contact Group
  • must not use any 1st Contact Group trademarks displayed on the Site without permission from 1st Contact Group
  • must not be a web site or WAP site that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations
  • must not be a web site or WAP site that contains content that could be construed as distasteful, offensive or controversial.
1st Contact Group expressly reserves the right to request that any link in breach of these terms be removed and to take whatever other action it deems appropriate.

4. Registration

On registration, you must provide 1st Contact Group with accurate, complete registration information and it is your responsibility to inform 1st Contact Group of any changes to that information (including in particular your e-mail address) by filling in our Privacy form Each registration is for a single user only. On registration, you will choose a user name and password. 

1st Contact Group does not permit any of the following:
  • any other person sharing your user name and password
  • access through a single name and password being made available to multiple users on a network.
You are responsible for all use of the Site made by you or anyone else using your user name and password (collectively, "ID") or using your mobile telephone to access the SMS Services or WAP Site and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, the 1st Contact Group or unauthorised use of your ID or any payment information, you must notify 1st Contact Group immediately by contacting us.


If you register to use the free e-mail service on the Site, you must not use the service to send, or use or re-use any material which is unlawful, threatening, abusive, libellous or indecent or which infringes copyright or other rights of third parties or which contains any other form of illegal content. You must not use the service to send any chain e-mails or SMS messages or "spam".

If on registration (or on amendment of your registration details) you provide 1st Contact Group with an email address that will result in any emails 1st Contact Group may send you being sent to you via a computer network operated by or on behalf of your employer or college (or similar) then you are warranting that you are entitled to receive emails at that address. You also agree that 1st Contact Group may refrain from sending you any emails to such address without notifying you, even if you have subscribed to receive them, if we receive a request from your employer or college to sending emails to that address.

5. Community Forums

The Site includes bulletin boards, discussion groups and other public areas that allow feedback to 1st Contact Group and interaction between users and 1st Contact Group journalists ("Forums"). While 1st Contact Group does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums and you waive any moral rights that you may have in regard to the Messages.

You are solely responsible for the content of your Messages. You must comply with any rules posted by 1st Contact Group on a Forum.


You may not:

  • post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam"
  • post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security
  • post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libellous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content
  • post or otherwise publish any Messages that contain a virus or other harmful component
  • disguise the origin of any Messages
  • impersonate any person or entity (including 1st Contact Group employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity
  • post or otherwise publish any Messages unrelated to the Forum or the Forum's topic
  • post or transmit any Messages that contain Software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment
  • collect or store other users' personal data
  • restrict or inhibit any other user from using the Forums.
By submitting messages to any Forum you agree to indemnify and hold harmless 1st Contact Group from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section 4.

The Forums contain Messages submitted by users over whom 1st Contact Group has no control. 1st Contact Group cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages in making (or refraining from making) any specific investment or other decisions.

1st Contact Group journalists (who will be clearly identified as such) will also contribute material to the Forums in order to stimulate discussions and ensure the smooth running of the Forums. The Forums may also contain messages from special guests selected by 1st Contact Group . The opinions of those 1st Contact Group journalists and special guests are their own and are not necessarily endorsed by 1st Contact Group . They should not be considered by you as professional advisers.

By submitting Messages to any Forums you are granting 1st Contact Group a perpetual royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. 1st Contact Group reserves the right to contact you by e-mail with regard to your use of the Forums.

It is not possible for 1st Contact Group to fully and effectively monitor when Messages infringe the copyright of a third party or other third party rights. If you believe that a Message infringes any legal rights that you may have, you should notify 1st Contact Group immediately by contacting us.

6. No warranties, exclusion of damages, limitation of liability and exclusive remedy

The Content is only for your general information and use and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation or arrangement by 1st Contact Group and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangements made between you and any third party named on this Site are at your sole risk and responsibility.

No warranties

Because of the number of sources from which 1st Contact Group obtains content and the nature of electronic distribution via the internet and mobile telephones (or other portable electronic devices), 1st Contact Group does not give any warranties in respect of the site content or 1st Contact Group software or services available through the site (collectively, "site services"). In particular, the site services are provided on "as is", "with all faults" and "as available" bases. To the extent allowed by applicable law, 1st Contact Group hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability or of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy, timeliness, completeness, performance, lack of negligence or of workmanlike effort. Additionally, 1st Contact Group makes no warranty that the site services are free from infection by viruses or anything else that has contaminating or destructive properties.

Also, 1st Contact Group does not provide any warranty against infringement or of title or quiet enjoyment and makes no express warranties.

No incidental or consequential damages

To the full extent allowed by applicable law, you agree that 1st Contact Group will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to meet any duty including but not limited to any duty of good faith, lack of negligence or of workmanlike effort) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the site services or to any breach of these terms by 1st Contact Group, even if 1st Contact Group has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict liability.

Limitation on damages; exclusive remedy

You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages you actually incur in reasonable reliance on the applicable site service up to a limit of the following, at 1st Contact Group's election: (1) a refund of the amount you paid 1st Contact Group (if any) to receive the relevant service in total during the month in which the damage is first incurred, less any reasonable allowance for complying services, or (2) correction or replacement of the service. All limitations will apply to all legal and equitable theories.

Links

The Site and its services contain links to other World Wide Web or WAP sites provided by independent third parties ("Third Party Sites"), either directly or through frames. Where possible, 1st Contact Group will make clear where such links are being made, though Third Party Sites may be co-branded with 1st Contact Group and so include 1st Contact Group's trade mark. 1st Contact Group is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. You may use the Site to purchase products or services from 1st Contact Group's third party partners although your contract for such products or services will be with the third party partner and not with 1st Contact Group.

Notwithstanding the provisions of this Section 6, 1st Contact Group's liability will not be limited in the case of death or personal injury directly caused by 1st Contact Group's negligence.

7. Privacy Policy

The information that you provide about yourself to 1st Contact Group will only be used by 1st Contact Group in accordance with its Privacy Policy Statement.
  • using your information for the effective administration of the Site and to communicate with you;
  • the disclosure of your information within the 1st Contact Group of companies throughout the world.

Please see our Privacy Statement.The Privacy Policy Statement does not apply to Third Party Sites.

8. Changes to these Terms

1st Contact Group reserves the right, at its discretion, to make changes to any part of the Site and its related services. Due to its policy of updating and improving the Site, 1st Contact Group may wish to change these Terms. When terms are changed, 1st Contact Group. will publish details of those changes by including them at the end of these Terms (see "Details of Changes"). If you use the Site or related services after 1st Contact Group has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site (and should cancel your subscription to any related services) any further after they are published at the end of these Terms or after you receive notice of them.

9. Advertising and Sponsorship

Part of the Site or related services may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. 1st Contact Group will not be responsible for any error or inaccuracy in advertising or sponsorship material.

10. Competitions and Prizes

From time to time 1st Contact Group will run competitions, free prize draws and promotions on the Site. These are subject to additional terms that will be made available at the time they are run.

11. Choice of Law and Jurisdiction

These Terms shall be governed by, and construed in accordance with, English law.


The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

For the exclusive benefit of 1st Contact Group , 1st Contact Group shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.

12. General

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy. Headings in these Terms are for convenience only and will have no legal meaning or effect.

Your statutory rights are not affected.

13. Exchange Rate Terms:

All rates of exchange advertised and quoted must be seen as indicative only. By accepting the indicative exchange rate offered at the time of confirming the transaction, you are accepting the fact that exchange rates are subject to fluctuation, and 1st Contact Forex can take no responsibility for adverse exchange rate movements once you have confirmed the transaction. 1st Contact Forex will however endeavor to obtain the best possible rate of exchange in line with the indicative quote that has been accepted.
 

Making use of a debit card:
The exchange rate displayed when you submit your transfer will be the actual rate secured if the following terms are met:

  • A valid UK debit card in your own name is used on our website successfully
  • The “on my request” option is not selected
  • Your account has been activated and you have received a confirmation email stating this
  • When transferring an amount of £10,000 (or foreign currency equivalent) or more, or £30,000 (or foreign currency equivalent) in a 12 month rolling period, 1st Contact Forex needs to receive proof of “source of funds” as prescribed by HMRC’s anti-money laundering regulations. In these cases 1st Contact Forex can only secure you an exchange rate when we receive your documentation.

Using a debit card will result in the instantaneous receipt of your funds by us, whether or not we have the necessary documentation to go ahead with the transfer. Please note that, should this be the case, 1st Contact Forex cannot be held responsible for the delay of funds being transferred.

1st Contact reserves the right to amend rates at their discretion in line with the market movements, when the transfer is uploaded outside office hours (8am – 5pm (GMT), Monday to Friday - excluding bank holidays).

Making use of other payment methods, including internet banking and cash deposits:

  • Your indicative rate is not guaranteed when using any payment method other than your debit card
  • Rates can be fixed telephonically once your funds have cleared into our account, note that fixing rates does not allow you to benefit from any subsequent currency movements.

14. Governing Law

Use of the information contained on this page is governed by Australian law and is subject to the disclaimers which can be read on the Privacy Policy page. 

15. Disclaimer

These terms and conditions are subject to mandatory provisions of legislation of the Commonwealth of Australia or of one or more of the States or Territories in so far as such provisions are applicable. The invalidity of any clause or part of clause, shall not diminish nor invalidate any of the other clauses.

16. Details of Changes to the Terms & Conditions

Changes were made to “Exchange Rate Terms” (See number 13).