Please read these terms and conditions (the “Agreement”) carefully before accessing or using Airwallex Payment, FX conversion and/ or GA Services（“Airwallex Services”）. This Agreement governs the availability and use of the Airwallex Services provided by us (Airwallex and Airwallex Group Entities). By accessing or using any part of the Airwallex Services, you (the “Client”, “you”/ “your”, “any authorized user”) agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you should not access or use any of the Services.
This Agreement was originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these terms and conditions and the English version, the English version will prevail.
Notwithstanding that we will notify you of any change we bring to this Agreement, you are responsible for regularly reviewing the terms and conditions of this Agreement. At any time, you can view our current Agreement on our website (www.airwallex.com).
This Agreement is effective and legally binding on the date when the Client creates an Airwallex Account, affirmatively accepts the Agreement in writing or electronically, or otherwise uses the Services (“Effective Date”). Subsequently, the Agreement shall be continued until it is terminated in writing. Your acceptance of this Agreement serves as confirmation that you fully understand and accept these terms and conditions. If you do not understand any of these terms and conditions, please contact us or your account manager for more information.
1.1. You acknowledge that you and your use of Airwallex Services are subject to the mandatory provisions of Applicable Law. You hereby acknowledge that you are acting in your professional or business capacity, and that you are not entering into the Agreement nor will use the Airwallex Services as personal consumer. You solely are responsible for understanding and complying with any and all laws, rules and regulations of your home country and platform jurisdiction that may be applicable to you in connection with your use of the Airwallex Services, including, but not limited to, laws governing payment services including anti-money laundering or terrorist financing requirements, consumer protection, data protection laws, anti-discrimination, gambling, false advertising, illegal sale or purchase or exchange of any goods or services, and those related to export/import activity, taxes or foreign currency exchange.
1.2. We may close, suspend or limit your access to your use of the Airwallex Services if you violate this Agreement or any other agreement you enter into with Airwallex or pursuant to any proprietary monitoring used by Airwallex when assessing the risk associated with your transaction activity. We may also limit your access to Funds per the instructions of law enforcement or our regulators.
In the context of this Agreement, the following terms shall have the following meaning:
2.2 “Airwallex Account” means your online account where you register for Airwallex Services and make ongoing use of the Airwallex Services. Your Airwallex Account is where you upload and maintain your contact and identity information, Beneficiary Account information, platform store information, Inbound Payment and settlement history and other information related to such Client's use of the Airwallex Services.
2.3 “Airwallex Account Balance” means the amount of Funds shown in your Airwallex Account as available for settlement to a Beneficiary Account upon settlement order.
2.4 “Airwallex website” means our website at www.airwallex.com.
2.5 “Applicable Law” means any law, regulation or generally accepted practices or guidelines in the relevant jurisdictions applicable to Airwallex Services, including, but not limited to, laws governing payment services including anti-money laundering or counter-terrorist financing requirements, sanctions, consumer protection, data protection laws, anti-discrimination, gambling, false advertising, illegal sale or purchase or exchange of any goods or services, and those related to export/import activity, taxes or foreign currency transactions including, but not limited, to the Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance, the Drug Trafficking (Recovery of Proceeds) Ordinance, the Organized and Serious Crimes Ordinance, the United Nations (Anti-Terrorism Measures) Ordinance, the United Nations Sanctions Ordinance and the Weapons of Mass Destruction (Control of Provision of Services) Ordinance and similar legislation in all jurisdictions in which Airwallex operates.
2.6 “Beneficiary Account” means your local beneficiary bank account into which you wish to receive Airwallex Account Balance through the Airwallex Services, as specified by you through your Airwallex Account.
2.7 “Business Day” means a day other than a Saturday, Sunday or Public Holiday on which Airwallex and its Affiliates (as applicable) are open for business in its registered place of business or a day on which banks and foreign exchange markets are open for business in the principal financial centres of the countries of the relevant currencies (as required).
2.8 “Client” means you, the individual or legal entity who enters into this Agreement and in whose name the Airwallex Account is registered.
2.9 “Fees” are the charges payable by you to us for using the Airwallex Services.
2.10 “Funds” means the payment made to you from an individual or legal entity, or to which you are entitled for platform sales involving your products or services, pursuant to a written or implied agreement between you and individual/ legal entity/the platform.
2.11 “Inbound Payment” means the Funds received in the designated GA from platform upon the conclusion of a platform transaction.
2.12 “GA”, Global Account, provided with the appropriate collection account, which can be used to receive funds for the Client. This account is an electronic money account, not a bank account, and can only be used to receive funds. All funds are transferred to Airwallex for distribution to the Client's designated account.
2.13 “Restricted Person” means a person that is (i) listed on, or owned or controlled by a person listed on any Sanctions List; (ii) located in, incorporated under the laws of, or owned or controlled by, or acting on behalf of, a person located in or organised under the laws of a country or territory that is the target of country-wide Sanctions; or (iii) otherwise a target of Sanctions.
2.14 “Sanctions” means any economic sanctions laws, regulations, embargoes or restrictive measures administered, enacted or enforced by: (i) Hong Kong; (ii) the United States; (iii) the United Nations; (iv) the European Union; (v) the United Kingdom; (vi) any other jurisdiction in which Airwallex operates; or (vii) the respective governmental institutions and agencies of any of the foregoing, including without limitation, the Office of Foreign Assets Control of the US Department of Treasury (“OFAC”), the United States Department of State, and Her Majesty’s Treasury (together “Sanctions Authorities”).
2.15 “Sanctions List” means the Specially Designated Nationals and Blocked Persons list issued by OFAC, the Consolidated List of Financial Sanctions Targets issued by Her Majesty’s Treasury, or any similar list issued or maintained or made public by any of the Sanctions Authorities.
2.16 “Service Providers” include banks, payment service providers, clearing networks and other third-party payment processing services used by Airwallex in the course of supplying the Airwallex Services.
3.1 You may contact Client Support at any time by sending a message through the contact links on the Airwallex Website or via e-mail at email@example.com. You may also contact any of our affiliate offices via the contact information listed on the Airwallex Website.
3.2 You agree that Airwallex may provide notice or other information to you by posting it on the Airwallex Website(s) (including information which is only accessed by you by logging into your Airwallex Account), emailing it to the email address listed in your Airwallex Account, mailing it to the street address listed in your Airwallex Account, calling you by phone, or sending you a “text” message. You must have internet access and an e-mail account to receive communications and information relating to Airwallex Services. You may request a copy of any legally required disclosures (including this Agreement) from us and we will provide this to you in a form which allows you to store and reproduce the information (for example, by e-mail) and you may terminate your consent to receive required disclosures through electronic communications by contacting Airwallex as described in paragraph 3.1 above. Airwallex reserves the right to close your Airwallex Account if you withdraw your consent to receive electronic communications.
4.1 When using the Airwallex Services, you or any third party authorized by you may submit content to Airwallex. Any collection, use or processing of information by us shall be restricted to the purposes necessary for, or incidental to, the provision of the Airwallex Service pursuant to this Agreement unless your prior consent is obtained.
4.3 You agree that Airwallex reserves the right to access and/or disclose data we collect from you and any third party authorized by you in order to comply with requests from government and/or regulatory authorities. You further acknowledge that Airwallex reserves the right to disclose personal data to third parties if Airwallex reasonably believes your use of the Airwallex Services has violated this Agreement.
5.1 All Fees that may be charged by Airwallex are disclosed in your Airwallex Account. The Fees are subject to adjustment at Airwallex’s sole discretion upon notice to you. You agree to pay all Fees and your continued use of the Airwallex Services indicates your continued acceptance of the Fees. When we adjust our Fees, we will publish the updated Fees in your Airwallex Account portal and send you an email notification. If you have any questions or are unclear as to any Fees, you should contact Airwallex.
5.2 Fees payable by you may be deducted from the settlement transaction at the time the settlement transaction is executed, or charged separately. You hereby authorize us to so deduct such Fees.
6.1 If you wish to terminate this Agreement or your Airwallex Account, you may simply discontinue using the Airwallex Services. The provisions of this Agreement relating to ownership provisions, warranty disclaimers, indemnity and limitations of liability shall survive termination of this Agreement.
6.2 When your Airwallex Account is suspended or terminated, any further attempted use of the Airwallex Service will result in your funds being rejected and returned to the platform, and may warrant notification to appropriate authorities. You are solely responsible for any fees incurred in connection with the rejected payments.
7.1 You represent and warrant that you are not acting on behalf of, or for the benefit of, anyone else, unless in case of a natural person, opening the account for and under the direction of the company or legal person or entity, that employs such a natural person.
7.2 You hereby undertake, until the term or termination of this Agreement, to communicate promptly to Airwallex any change in your business ownership, business activities, post mail address, email address, phone contact details or any modification with respect to your account with the Beneficiary Account.
7.3 You must obtain any necessary authorizations from data subjects for the required transfers of information within the scope of the Airwallex Services. You are responsible for the legally compliant collation, storage and transmission of information (in particular personal data) to Airwallex. You hereby represent and warrant that the data with respect to third parties that is communicated to Airwallex by you or by the relevant platform and for the purpose of being read, kept or processed by Airwallex (a) with respect to such data you hereby (i) are deemed to be and (ii) accept to be controller; (b) such data has been collected and received from the relevant party in full compliance with applicable data protection laws applicable to such third party as data subject and (c) such data has been communicated with the explicit and informed consent of such party to the communication and processing of this data.
7.4 You must comply with this Agreement and all Applicable Law and must not cause Airwallex to breach any Applicable Law. You must notify Airwallex if you become aware of any breach of Applicable Law.
7.5 You must comply with all Applicable Law to which you may be subject and must comply in all respect with all Sanctions. You undertake that you are not, and will procure that none of your directors, officers, agents, employees or persons acting on behalf of the foregoing is, a Restricted Person and do not act directly or indirectly on behalf of a Restricted Person. You must supply to us details of any claim, action, suit, proceedings or investigation against you or such persons with respect to Sanctions by any Sanctions Authority to the extent permitted by law, promptly upon becoming aware.
7.6 In the event of a breach of the above provisions, you shall be liable to Airwallex for the resulting damages and indemnify Airwallex in the internal relationship from any claims of third parties.
7.7 The Hong Kong Deposit Protection Scheme (“DPS”) does not apply to the funds sent, exchanged or received in connection with the Services. You acknowledge and agree that we are not a bank and do not provide you with a bank account, and so our Services are not covered by the DPS. You further agree that the Global Account is a ‘virtual account’ and is not a bank account, that the funds transferred to us are beneficially ours and will not held on trust for you, and that you will not earn interest or be entitled to any interest on any funds.
7.8 To keep your funds safe, Airwallex has implemented commercially reasonable administrative and technical measures to protect and safeguard the funds collected or received for you in connection with the Services. Airwallex will hold such funds in designated bank accounts segregated from Airwallex’s corporate funds, and will not use such funds for its own operating expenses.
8.1 Changes to Agreement. We are constantly updating the Airwallex Services, and that means sometimes we have to change the terms of this Agreement. If we make changes, we will notify you via email communication two (2) weeks before the changes take effect. If you disagree with our changes, then you should stop using the Airwallex Services within the designated notice period. Otherwise, in absence of such notification before the proposed date of their entry into force, you will be deemed to have accepted those changes if you continue to use Airwallex Services. Your continued use of our Airwallex Services will be subject to the new terms. However, any transaction or dispute that arose before the changes shall be governed by the Agreement that was in place when the dispute arose.
8.2 Service Providers. Airwallex has the right to involve third parties in providing Airwallex Services. Airwallex may require that certain processing steps are carried out directly through such third parties, completely or partially.
8.3 Prevention of Money Laundering and Terrorist Financing. Airwallex is subject to Applicable Law regarding the fight against money laundering and the financing of terrorism. As a result, Airwallex reserves the right to obtain information from you, including, but not limited to, information about your identity, business transactions, business relationships, and/or financial information. In addition, Airwallex must take all the steps necessary to identify you and, where appropriate, the beneficial owner of the Airwallex Account and/or any Inbound Payments linked to the Airwallex Account. You acknowledge that Airwallex may terminate or postpone, at any time, the use of login details, access to an Airwallex Account or execution of a transaction in the absence of any sufficient information about its purpose or nature.
8.4 Severability. Should one or several provisions of this Agreement be or become invalid or prove to be unenforceable, this shall not affect the validity of the other provisions.
8.5 Indemnification. You agree to indemnify, defend, and hold harmless Airwallex, its parent, affiliates, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Airwallex Services, including but not limited to your violation of this Agreement.
8.6 Disclaimer of Warranties. We act as a service provider to you under this Agreement. Airwallex does not act as a trustee, an escrow agent or stakeholder for you or your payer/payee. Airwallex assumes no liability to or in respect of any products, services or any other part of your business.