TERMS AND CONDITIONS - WESWAP TRAVEL CASH

Introduction
By ordering Currency from the WeSwap Travel Cash Website you confirm that you are over 18 years old and have read and understood these Terms & Conditions, and agree to be bound by them and to comply with all applicable laws, rules and regulations. These Terms & Conditions will govern any contract the Client enters into with WeSwap Travel Cash for the provision of travel currency. WeSwap Travel Cash may enter into Contracts with the Client by telephone or any other means as WeSwap Travel Cash may agree with the Client from time to time.

1. DEFINITIONS
In these Terms & Conditions (also referred to as the “Agreement”), the following terms shall have the following meanings:
"WeSwap Travel Cash" WeSwap Travel Cash is an online travel currency delivery and collection service, and is a trading name of City Forex Limited.
"Bank Transfer" means the settlement of an Order by payment into a WeSwap Travel Cash bank account.
"Client" shall mean the person, firm or organisation to which WeSwap Travel Cash provides services for the sale of currencies, having agreed to these terms and conditions.
"Collection Point" means any location(s) from which the Client is able to collect travel currency. All Collection Points from which a package can be collected will be displayed on the Website. This includes locations which are managed by third parties but from which WeSwap Travel Cash is permitted to distribute Packages.
"Packages" means the physical currency which is to be delivered to the Client, or collected by the Client, under a Contract.
"Contract" means an Order, once confirmed by WeSwap Travel Cash, incorporating and subject to the Agreement.
"Delivery Date" means the date which the client selects to have the Package despatched to him.
"Manifest Error" means a manifest or obvious misquote by WeSwap Travel Cash based on a published price source on which WeSwap Travel Cash has relied in connection with any Contract, having regard to the current market rates at the time an Order is placed, as determined by WeSwap Travel Cash.
"Anti-Money-Laundering Requirements" means the UK laws and regulations for the prevention of money laundering, terrorist financing and the provision of financial and other services.
"Order" means an order for the purchase of foreign currency.
"Debit/Credit Card" means a UK-issued debit or credit card (including without limitation American Express, MasterCard or Visa).
"Terms & Conditions" means these terms and conditions as amended from time to time.
"Travel Currency Services" means the services provided under these terms which allows the Client to purchase foreign currency for delivery or collection.
"Website" means ‘www.weswaptravelcash.com’ from which WeSwap Travel Cash advertises and trades.

2. USE OF THE WEBSITE

    2.1. The Website may be used to place Orders for the purchase of currency for Clients aged 18 years or over.
    2.2. WeSwap Travel Cash accepts no liability for any losses caused by the Website’s unavailability.
    2.3. The Client warrants that the Client will only use the Website to purchase currency for legal purposes.
    2.4. Any information regarding exchange rates provided on the Website, is believed, to the best of WeSwap Travel Cash's knowledge and belief, at the time it is given, to be accurate and reliable. WeSwap Travel Cash does not warrant the accuracy, completeness or timeliness of any information WeSwap Travel Cash makes available on the Website and has no liability whatsoever for any error or inaccuracy in such information.
    2.5. The decision by the Client to enter into a Contract is made on the Client's judgement alone. It is his responsibility to familiarise himself with the product he is buying, and WeSwap Travel Cash will assume that the Client has done so.

3. LINKS TO OTHER SITES

    3.1. The Website may contain links to third party websites. Such links are provided to you for your convenience only. 3.2. WeSwap Travel Cash has no control over any material which has been published or contained on such third-party websites. WeSwap Travel Cash does not warrant the content or accuracy of such third-party websites nor does FairFX accept responsibility or liability in relation to the content or products offered by or through such third-party websites.

4. ORDERING TRAVEL CURRENCY

    4.1. During the ordering process on the Website, the Client will confirm that he or she has read and understood these terms and conditions.
    4.2. The minimum Order value from WeSwap Travel Cash is £350.00 worth of currency and the maximum Order value is £2,500.00 worth of currency.
    4.3. As part of the Order the Client will choose to either have the package delivered to their Debit/Credit Card billing address; or collect the package from a Collection Point.
    4.4. The Client acknowledges that WeSwap Travel Cash only stocks certain denominations of each currency and that any Contracts will be processed in accordance with the denominations available at any one time.
    4.5. Any Order is subject to confirmation by WeSwap Travel Cash whereupon, subject to any correction of Manifest Errors, it will become a legally binding Contract. An Order will be confirmed upon the Order appearing as “confirmed” on the Website. Once the order is confirmed, the Client cannot cancel, rescind or amend it without WeSwap Travel Cash’s express written consent. If WeSwap Travel Cash in its sole discretion decides to make a change to the Contract at the request of the Client, it may charge an administration fee of up to £25.00.
    4.6. WeSwap Travel Cash will not fulfil a Contract where; the Client fails to provide WeSwap Travel Cash with material information when required or where information provided is materially incorrect or misleading; or WeSwap Travel Cash suspects fraud; or WeSwap Travel Cash is required to do so on the instruction of any law enforcement or regulatory agency or other body with appropriate authority.

5. PAYMENT

    5.1. Contracts for the purchase of currency must be paid for at the time of Ordering using a Debit/Credit Card or by Bank Transfer.
    5.2. The name and billing address of the Debit/Credit Card must match the Client’s name and residential address. Any discrepancies on the Client’s Debit/Credit Card should be raised directly with the Debit/Credit Card issuer.
    5.3. Payments by Bank Transfer must be paid to the WeSwap Travel Cash account identified in the confirmation email sent to the Client.
    5.3.1. The Bank Transfer payment must reach WeSwap Travel Cash as cleared funds within 24 hours of placing an Order. Should client funds not reach WeSwap Travel Cash with 24 hours, WeSwap Travel Cash reserve the right to amend an Order to the prevailing exchange rate on day of receipt.
    5.3.2. You must attach your order number to the payment to enable us to identify the funds upon receipt. Failure to do this will likely add processing time to your order. In the event that WeSwap Travel Cash is unable to identify the sender of the funds (where the Client or their bankers have not attached the Order number or other means to enable us to match to an Order), the funds will be held in suspense pending identification.
    5.3.3. WeSwap Travel Cash reserves the right to amend the exchange rate to the prevailing rate on the day the funds are identified.
    5.4. WeSwap Travel Cash does not accept cash deposits or cheques directly into its bank account, where a Client does make payment to us by any of these methods, it will be held in an internal suspense account and the Order may not be processed. Any refund payable is at the discretion of WeSwap Travel Cash and will be subject to a £25.00 administration charge and a 1% surcharge.
    5.5. Where applicable, delivery / collection / card charges for an Order will be displayed on the Website during the ordering process (or will be communicated during the telephone call for Orders placed over the phone). This does not include any fees or charges which a card issuer may levy against the Client directly.

6. DELIVERY OF A PACKAGE

    6.1. The Package will be sent by, and is subject to the terms and conditions of, Royal Mail’s Special Delivery service. A copy of the Royal Mail’s Special Delivery terms and conditions are available from the Royal Mail upon request.
    6.2. It is the Clients is responsibility to be available to sign for their Order. Royal Mail will attempt delivery to the requested address before 13:00.
    6.3. Any delivery times quoted by WeSwap Travel Cash are estimates only and WeSwap Travel Cash does not accept liability for late deliveries. Once a Package has been collected by Royal Mail for delivery it is outside of WeSwap Travel Cash’s control. Royal Mail may deliver, or attempt to deliver, on a Saturday, even if the Client has not selected the guaranteed Saturday delivery service.
    6.4. The Client must not sign for any Package which has, in any way, had its packaging ruptured or tampered with. WeSwap Travel Cashwill not accept any responsibility or liability for any Shortage if the Client has signed for a Package which been ruptured or tampered with. A “Shortage” means a situation where the amount of currency Ordered is greater than the amount of currency actually delivered in a Package.
    6.5. If there is a Shortage in any Package the Client must notify WeSwap Travel Cash within 48 hours after receipt of the Package. In the event that the Client notifies WeSwap Travel Cash of a Shortage, WeSwap Travel Cash may review its CCTV footage of the Package being packaged for delivery.
    6.6. If for any reason the Client does not receive a Package and WeSwap Travel Cash agrees to send the Client a Package of replacement currency and the Client subsequently receives the original Package, the Client agrees to return the original. If the Client does not return the original Package within 14 days, WeSwap Travel Cash reserves the right to charge the Client for the Package of replacement currency.
    6.7. If, due to an error by WeSwap Travel Cash, the Client receives more currency than Ordered in a Package, then the Client agrees to return the excess currency to WeSwap Travel Cash within 14 days of receipt of the Package. WeSwap Travel Cash agrees to reimburse the Client for any reasonable postage costs associated with the return of excess currency in accordance with this clause.
    6.8. If the Client fails to:
    6.8.1. Accept delivery of the Package or
    6.8.2. Collects the Package from the Royal Mail after a failed delivery;
    6.8.3. Once the Package has been returned to WeSwap Travel Cash the Client may request a refund of its original payment, or request WeSwap Travel Cash to attempt re-delivery. In either case WeSwap Travel Cash may charge Debit/Credit Card handling fees, bank charges, re-delivery charges and an administration fee of £25.00.

7. COLLECTION OF A PACKAGE

    7.1. The Client must collect the Consignment from the same Collection Point as specified in the Order.
    7.2. The Client will need to present the Order confirmation, government approved photographic personal identification (for example, a passport or driving licence) and the Debit/Credit Card used in the Order when collecting a Package.
    7.3. The Package will only be held at the Collection Point for a limited amount of time (typically 5 business days after the collection date). WeSwap Travel Cash cannot guarantee that the Client will be able to collect the Package after the collection date specified in the Order. If the Client believes it will be unable to collect the Package on the date specified in the Order, the Client will notify WeSwap Travel Cash as soon as possible.
    7.4. If the Client does not collect the Package within 5 business days of the collection date, WeSwap Travel Cash will, at the request of the Client, buy back the currency at the prevailing rate offered by City Forex Ltd less an administration fee of £25.00.

8. ANTI-MONEY LAUNDERING REQUIREMENTS

    8.1. City Forex Ltd is registered with and regulated by HM Customs & Excise as required under The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. Our staff are fully conversant with anti-money laundering and countering terrorist financing guidelines and are aware of their responsibilities in the monitoring and reporting of any actions that raise suspicion or give cause for concern.
    8.2. WeSwap Travel Cash Ltd reserves the right to perform identity checks in accordance with the Terms & Conditions on all individuals who place an order on the website. For further information on these identity checks please contact enquiries@cityforex.co.uk or via telephone on 020 7621 0090.
    8.3. WeSwap Travel Cash reserves the right at all times to refuse to process any currency order or terminate any contract which it believes, in its sole discretion, is connected in any manner to any unlawful or illegal purpose. We have a legal obligation to report any such suspicious transactions to relevant law enforcement agencies.
    8.4. WeSwap Travel Cash is obliged by law to monitor and report any unusual or suspicious transactions of any size taking place where we have reasons to believe the money is derived from unlawful or illegal activity.
    8.5. There is a statutory obligation on all employees and their agents to report suspicious transactions to UK law enforcement agencies. Where any such report is made, WeSwap Travel Cash accepts no liability for any delay in transmission of, or confiscation of the funds.
    8.6. Where WeSwap Travel Cash believe that an Order may be linked to other orders taken by WeSwap Travel Cash, it may require the Client to register as a client of City Forex Limited. WeSwap Travel Cash may, at its discretion, chose to refund the money to the Client in the event of linked orders.

9. LIABILITY

    9.1. WeSwap Travel Cash will not be liable to the Client for the act or omission of any third party, provided that where WeSwap Travel Cash has instructed the third party, WeSwap Travel Cash shall use reasonable skill and care in selecting the third party.
    9.2. WeSwap Travel Cash will not be liable to the Client for the failure of Packages, under any Contract, to be delivered to the Client on time. Time shall not be of the essence for the delivery of Packages under this Agreement.
    9.3. WeSwap Travel Cash shall not be responsible for or liable to the Client, or any person claiming through the Client (whether in contract or for breach of a legal duty of care owed by WeSwap Travel Cash or otherwise) for any consequential or indirect loss, damage, cost or expense of any nature whatsoever, incurred or suffered by the Client or any person claiming through the Client, in each case whether such damage was foreseen or advised to WeSwap Travel Cash as likely to occur.
    9.4. The liability of WeSwap Travel Cash to the Client in respect of each Contract shall be limited to a sum equal to the total value of the Client’s Contract and any charges made for each Contract in respect of which the Client is making a claim.
    9.5. Nothing in this Contract excludes or restricts WeSwap Travel Cash's liability in respect of: fraud or wilful misconduct; death or personal injury caused by WeSwap Travel Cash's negligence; or any other liability which cannot lawfully be excluded.
    9.6. The Client and WeSwap Travel Cash agree that the exclusions and limitations of liability and the resulting allocation of risk and liability contained in each Agreement and Contract is reasonable in all the circumstances and having regard to all relevant facts.
    9.7. WeSwap Travel Cash will not be in breach of contract and will be relieved of any liability, loss, damage, cost or expense of any nature whatsoever for any failure or delay in performing its relevant obligations under the terms of a Contract (and the time for performance of the obligations shall be extended accordingly) if and to the extent that WeSwap Travel Cash’s performance of the Contract is prevented or delayed by any circumstances beyond its reasonable control or the reasonable control of its suppliers and contractors (‘Force Majure’). WeSwap Travel Cash will notify the Client detailing the circumstances and the period for which it is estimated that it will be unable to perform the Contract.
    9.8. The Client is responsible for checking the import and/or export requirements of the United Kingdom and any country the Client may be visiting.

10. PRIVACY AND DATA PROTECTION

    10.1. WeSwap Travel Cash is a partnership between WeSwap and City Forex Ltd who act as joint data controllers. WeSwap Travel Cash processes information about you in accordance with its privacy policy. By using the Website, you consent to such processing and you confirm that all data you provide is accurate.

11. GENERAL

    11.1. Any typographical, clerical or other error or omission in any documentation produced by WeSwap Travel Cash under or in connection with any Agreement or any Contract shall be subject to correction without any liability on WeSwap Travel Cash's part.
    11.2. A person who is not a party to the Agreement or Contract has no rights under the Contracts (Rights of Third Parties) Act 1199 to enforce any term of the Agreement or Contract, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
    11.3. WeSwap Travel Cash will provide the Client with a copy of these terms and conditions upon request. WeSwap Travel Cash may send this to the Client by post, email, fax or by displaying it on the Website.
    11.4. If any provision (or part of any provision) of the Agreement or the Contract is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed not to form part of the Agreement or the Contract, and the validity and enforceability of the other provisions of the Agreement or the Contract shall not be affected.
    11.5. No failure or delay by WeSwap Travel Cash to exercise any right or remedy provided under the Agreement, Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
    11.6. Should any provisions of this Agreement be in conflict with any other documentation or information that WeSwap Travel Cash has provided to the Client in connection with any particular Contract, then this Agreement shall have priority unless specifically agreed by WeSwap Travel Cash in writing that such other documentation and information shall have priority in whole or in part.
    11.7. The Agreement, together with each Contract, constitutes the whole agreement between WeSwap Travel Cash and the Client and supersedes all previous agreements with WeSwap Travel Cash relating to its subject matter. The Client acknowledges that, in entering into the Agreement and each Contract, the Client has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in the Agreement and Contract. Nothing in this clause shall limit or exclude any liability for fraud.
    11.8. All intellectual property rights in the Website, any advertising material issued by or on behalf of WeSwap Travel Cash, all information, materials, prices or charts, business methods, databases or settlement specifications relevant to the Contract or otherwise used or arising in connection with the Contract will remain the property of WeSwap Travel Cash or any third party which provided it to WeSwap Travel Cash and the Client will have no rights to distribute, republish, copy, reproduce, sell, sub-license or otherwise transfer or disseminate any of the foregoing unless otherwise expressly agreed in writing.
    11.9. Any Order and all communications between the Client and WeSwap Travel Cash will be in English.

12. COMPLAINTS

    12.1. If you are unhappy in any way with the service WeSwap Travel Cash has offered, please tell us so we can try to resolve the situation. You can complain via email to enquiries@cityforex.co.uk or by calling 020 7621 0090 between 08:30 and 17:00 from Monday to Friday (excluding bank holidays). Calls are charged at your standard network rate. 12.2. We will try to resolve any complaints you have about your payment instrument or the service we provide to you within 15 business days of receiving your complaint and in exceptional circumstances, within 35 business days (and we will let you know if this is the case).

13. GOVERNING LAW AND CHANGES TO THESE TERMS AND CONDITIONS

    13.1. All use of the Website and these Terms & Conditions is governed by the laws of England and Wales. 13.2. All disputes arising out of the use of the Website and/or any services or products provided by WeSwap Travel Cash or any dispute relating to these Terms & Conditions shall be resolved by the Courts of England and Wales. 13.3. Changes to these terms and conditions will be communicated to you using the email or postal address that you have provided to us. Changes to your disadvantage will be communicated to you at the least 60 days before the change is effective. At any time up to 60 days from the date of this notification, you may close your WeSwap Travel Cash account without incurring any extra charges. Any other changes can be made immediately and communicated within 30 days. Please keep your contact details current. When we send correspondence to this email or postal address, we will assume receipt by you. 13.4. You must let us know as soon as possible if you change your name, address, phone number or email address. If we contact, you in relation to any product or service offered by WeSwap Travel Cash we will use the most recent contact details you have provided to us. Any email to you will be treated as being received as soon as it has been sent by us. We will not be liable to you if your contact details have changed and you have not notified us.