Terms & Privacy Policy

These terms of use are entered into by and between you and FXKudi Company Limited. In this document, the company (FXKudi Company Limited) and all the offices could be referred to as “fxkudi” “we”, “us”, “our”, as the case may be. The following terms and conditions govern your access to the use of fxkudi app or website, including any content, functionality and services offered on or through the platforms, regardless of your means of access and use (whether online or mobile, including by way of mobile application) (collectively the "Sites"), whether as a guest or a registered use. By accessing, registering with and using any of these services, you agree to be bound by the terms of the agreement and this will be treated as coming into effect on the date you register with us and will continue for an indefinite period, until terminated by you or us.

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Changes to terms of use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. This will always be available on www.fxkudi.com/terms

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Intellectual Property

The FXKudi name, logo, and related trademarks are owned by FXKudi Company Limited, its licensors or other providers of such material are protected by Ghana and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All other trademarks, service marks, and trade names references in this site are the property of their respective owners. Any use, copying, or reproduction of the FXKudi Trademarks or Logo contained in this site, without prior written permission to us, is strictly prohibited.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) in breach of the Terms of Use, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

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Use of Services

1. When registering for and using the Portal, you must:
(a) Provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes;
(b) Provide us with any identity documentation as may be requested by us;
(c) Provide us with details of one or more accounts and/or Payment Instruments; and
(d) Provide us with true, accurate, current and complete information as we indicate on our Website is required to use the Portal and any other information which may be required in relation to you, any Sender or any Payee.

2. You must take reasonable steps to keep the details you use to access the Portal safe and to prevent their fraudulent use. These steps include:
(a) Disguising those details if you write them down and keeping them out of sight of third parties who should not have access to the Account.
(b) Not sharing those details with anyone else, unless they are a Third Party Provider that you have authorized to give Payment Instructions on your behalf and/or to access your Account, and they need those details in order to provide these services to you;

3. You must only use the Portal to transact with third parties you do know and trust. If you choose to pay third parties for goods and services using our Services, please note that we have no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services, and that any such use of the Portal and our Services is entirely at your own risk.

4. You must only act on your own behalf. You may not submit an Instruction or receive a Transaction on behalf of a third person.

5. When transacting on our Website or when interacting with us, with another user or with a third party, you must do the following:
(a) Comply with the terms of your Agreement with us as well as any applicable laws, rules or regulations;
(b) Provide confirmation of any information you provide to us, including proof of identity;
(c) Co-operate in any investigation that we reasonably carry out, or that is carried out by any law enforcement agency, government agency or regulatory authority;
(e) Not provide false, inaccurate, or misleading information;
(f) Not use an anonymising proxy (a tool that attempts to make activity untraceable); and
(g) Not copy or monitor our Portal or Website using any robot, spider, or other automatic device, or manual process, without our prior written permission.

6. If you have any problems exchanging money, using our virtual card or our Website, you should contact us without delay through the channels listed at the end of these Terms and Conditions.
7. If you suspect or become aware that the details that you use to access your Virtual Card or your Account, or that money in the Account, has been lost, stolen, compromised, used without your authorization, or used fraudulently, you must contact us immediately through the channels listed at the end of these Terms and Conditions.
8. Provided it would not be unlawful for us to do so, and it would not compromise reasonable security measures, we will contact you by phone or email if there is an actual or suspected fraud affecting your use of the Portal, any money we hold for your account or a security threat affecting the Portal, your money or your Virtual Card Account.

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Prohibited Use

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. Without limitation, you agree not to use the Site:
1. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
2. To send Transaction Amounts in connection with illegal activity, including but not limited to money-laundering, fraud and the funding of terrorist organizations. If we reasonably believe you are using the Portal or our Services in connection with illegal activity or for any fraudulent purpose, or are permitting a third party to do so, we may report you to the appropriate legal authorities.
3. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
4. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites, or which, as determined by us, may harm the Company or users of the Sites or expose them to liability.

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DO NOT

• Use the Sites in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Sites, including their ability to engage in real time activities through the Sites.
• Use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
• Use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Sites.
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically disruptive or harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server(s) on which the Sites is/are stored, or any server, computer or database connected to the Sites.
• Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack. • Otherwise attempt to interfere with the proper working of the Sites.

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Warranty Disclaimer

WE WORK CONSISTENTLY TO KEEP FXKUDI AVAILABLE AT ALL TIMES FOR YOU. HOWEVER, YOU USE OR ACCESS FXKUDI AT YOUR OWN RISK. AS PERMITED BY LAW, FXKUDI, OUR SERVICE PROVIDERS, OUR LICENSORS, AND OR ALL OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “FXKUDI PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITES IS AT YOUR OWN RISK. FXKUDI PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR WEBSITE UNDER NO CIRCUMSTANCES, WILL ANY OF FXKUDI PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITES OR ANY CONTENT, PRODUCT, FEATURE OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITES. FXKUDI MAKES NO WARRANTY THAT OUR SERVICES OR PRODUCTS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS OR THAT OUR SERVICES, PRODUCTS, WEBSITE, OR APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE

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Denial or Delay Processing

We may refuse any attempted payment to you or on your Virtual Card, refuse to process any Instruction, or delay processing any such payment or Instruction, at any time for any of the reasons set out below:
(a) We are not satisfied that we have your consent;
(b) We reasonably believe that you, a Sender or Payee are using (or are allowing someone else to use) our Portal, our Website or our Services, in breach of your (or their) Agreement with us or any applicable laws, rules or regulations, or in furtherance of illegal, fraudulent or Prohibited activities;
(c) We have reason to believe that processing any such payment or Instruction would violate anti-money laundering or counterterrorism financing laws, rules and regulations;
(d) In the case of a payment to us for your account, or to your Virtual Card, we have reason to believe the security of the account or Payment Instrument used to make the payment has been compromised or we suspect the unauthorized or fraudulent use of that account or Payment Instrument;
(e) We reasonably believe that you are using our Services to purchase goods or services from third parties you do not know or trust;
(f) We are unable to verify your identity, or the identity of the Sender or the Payee (as the case may be).
(g) You do not provide us with any information we have reasonably requested from you, as explained earlier;
(h) We reasonably believe there may be fraudulent activity or other financial crime affecting you, any Sender or Payee, any money we hold in your account, your Virtual Card, or any payment;
(i) We are obliged to do so by any law, regulation, court, regulatory or government body;
(j) There is a dispute (which we reasonably believe is genuine) about who owns, or is entitled to, any money held by us to your account, or on your Virtual Card. This includes (but is not limited to) the situation where a Sender makes a request for a refund of funds the Sender has sent to us for your account or to your Virtual Card, or we are made aware that the Sender has made a claim against you for the return of those funds;
(k) You have broken the terms and conditions of your Agreement with us in a way that we reasonably believe justifies us in refusing or delaying processing any payment or Instruction, and you have not put this right;
(l) We reasonably believe that processing the payment or Instruction would breach the terms and conditions of your Agreement with us;
(m) In the case of a Money Transfer or a payment into or out of Virtual Card, the amount of the payment exceeds any transaction limit.
(n) In the case of a Money Transfer or a payment out of the Account/Virtual Card, there are insufficient funds to make the payment and/or to cover our Service Fee and any other fees, costs or charges we may incur in making the payment;
(o) In the case of a Money Transfer or a payment out of the Virtual Card Account, the Payee has not yet set up their account to receive payment, or has not registered with us to use our services, or the terms of the Payee's account prevent completion of the Transaction, or the Payee's account is unable to receive payment in the form in which we make payments;
(p) You are subject to an order relating to your bankruptcy, or you have entered into a voluntary agreement with your creditors; or
(q) We have blocked your (or a Third Party Provider's) use of the Portal and/or your Virtual Card Account under clause ‘h’.

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Making Payments

1. For each Payment Instruction you give us, you must pay us the applicable Service Fee (this will be explained in the Portal). Payment becomes due at the time that you submit your Payment Instruction.
2. When you give us a Payment Instruction, you are requesting that we process the Transaction on your behalf and you are consenting to the execution of the Transaction. Your Payment Instruction will be treated as received by us once you submit it to us using the Portal.
3. It is your responsibility to make sure all the details are accurate before you give us a Payment Instruction. Once we have received a Payment Instruction, it is not normally possible to change any details of that Payment Instruction. You will be given the opportunity to confirm a Payment Instruction before submission and you must check the details carefully.
4. Once we have received your Instruction, you cannot cancel it.
5. The total amount (the Transaction Amount, Service Fee and other applicable fees and charges) that you will pay and the relevant exchange rate selected by us will be displayed clearly in the Portal before you are asked to confirm your Transaction.
6. If a Payee’s account is denominated in a currency other than the currency you instructed us to make payment in there may be delays, additional charges or different exchange rates.
7. We will have no responsibility for any fees or charges you may incur from the use of a particular account or Payment Instrument to fund a Transaction. These may include, but are not limited to unauthorized overdraft fees imposed by banks if there are insufficient funds in your bank account, or "cash advance" fees and additional interest which may be imposed by credit card providers if they treat use of our Services as a cash transaction rather than a purchase transaction.