TERMS OF USE
1. Legal Information
Prosegur Foreign Exchange Pty Limited NZBN: 9429051304201 of Level 14, 88 Shortland Street, Auckland Central, 1010, NZ (hereinafter, “PROSEGUR CHANGE”). You can contact PROSEGUR CHANGE through the email info-nz@prosegurchange.com
2. Conditions
1. Acceptance
The Terms of Use regulate access to the PROSEGUR CHANGE website https://nz.prosegurchange.com/ (hereinafter, the “Website”) and the use of the contents and services made available to users who access the Website (hereinafter, the "Users").
The use of the Website by Users implies the full and unreserved acceptance of all the conditions included in the Terms of Use (including any policies referred to in the Terms of Use) that is in effect in each access to the Website. Since PROSEGUR CHANGE reserves the right to modify, at any time and without prior notice, these Terms of Use, the user must read it carefully on each of the occasions in which the User intends to use any of the contents and services offered on the Website, since it may have undergone modifications. If the User does not accept the Terms of Use, please do not use this Site. By using this Site, the User agrees to be bound by these Terms of Use.
From time to time it may be necessary for PROSEGUR CHANGE to review and revise these Terms of Use. PROSEGUR CHANGE reserves the right to amend these Terms of Use at any time and for any reason. If PROSEGUR CHANGE makes a change to these Terms of Use, the revised version will be posted on this Site.
Some services of the Website may be subject to particular conditions that substitute, complement or modify these Terms of Use. The Terms of Use can be changed, without notice, by updating them on this site. The revised terms will take effect when they are published on this site and must be accepted by the Users before the provision of the service in question begins.
PROSEGUR CHANGE may freely suspend, block, interrupt or cancel the services in the following cases:
1.- to guarantee the security of the service or the access channel,
2.- when the Website is used fraudulently or abusively,
3.- when necessary to carry out maintenance or repair of the service, and
4.- when there is a breach by the User.
PROSEGUR CHANGE reserves the right to cease operating the Website at any time without notice.
Access to the Website is free except for the cost of the connection through the telecommunications network provided by the access provider that the Users have contracted.
Access to the Website, and especially, the contracting of the products and services offered through it, are reserved for people over 18 years of age.
2. Terms of Use
Users undertake to use the services offered by PROSEGUR CHANGE and the contents of the Website in accordance with the provisions of the Law and these Terms of Use, responding to PROSEGUR CHANGE or third parties, the damages that may be caused as a consequence the breach of said obligations, and the actions carried out that are illegal, negligent, fraudulent, or that contravene the principle of good faith, generally accepted uses or public order.
It is expressly forbidden to use the Website for illicit purposes, harmful to the goods, interests or reputation of PROSEGUR CHANGE or third parties, or that in any other way damage, overload or disable networks, servers and other computer equipment (hardware) or products and software applications (software) of PROSEGUR CHANGE or third parties.
The User will not impersonate another person or otherwise use another person's name, identification or log-in details without their permission.
All information the User provides on this Site must be true, accurate, current, and complete, otherwise PROSEGUR CHANGE does not respond for any fault or error when rendering the services.
3. Contents and intellectual and industrial property
The User undertakes to respect the industrial property rights of the Website, and of any other third party. The use or granting of access to the Website does not imply the granting of any right over the Website itself, the trademarks, trade names or any other distinctive sign used therein, much less the transfer of industrial property rights or any intellectual.
All the contents of the Website, understood by them by way of example, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, their graphic design and source codes, as well as the brands, trade names or distinctive signs are the property of PROSEGUR CHANGE or third parties. PROSEGUR CHANGE does not assign, nor grant any license or authorization to the Users on the intellectual and industrial property rights corresponding to said elements.
It corresponds to PROSEGUR CHANGE the exclusive exercise of the rights of exploitation of the mentioned intellectual and industrial property, in any form and, especially, the rights of reproduction, distribution, public communication and transformation.
In an enunciative but non-limiting manner, and in accordance with applicable laws, Users are prohibited from performing the following actions:
1.- Reproduce, copy, distribute, make available, publicly communicate, transform or modify the contents except in cases authorized by law or expressly consented to by PROSEGUR CHANGE.
2.- Extract and / or reuse all or a substantial part of the contents of the Website that PROSEGUR CHANGE makes available to Users.
3.- Duplicate, copy, sell, resell or exploit PROSEGUR CHANGE services for commercial, investment or any other purposes, without our prior consent.
4.- Use any trademark, logo or other information protected by copyright of PROSEGUR CHANGE without the corresponding prior authorization.
The use or misuse of these brands or other materials, except as permitted herein, is expressly prohibited and may violate intellectual property, trademark laws, confidentiality and publicity laws, and communications laws and regulations. It must also be taken into account that PROSEGUR CHANGE requires the active and vigorous fulfillment of all its intellectual and industrial property rights to the maximum legal extent.
4. Responsibility
(i) Of the information and contents
As a consumer, you have certain rights under consumer protection laws (Consumer Rights). Nothing in this Agreement is intended to exclude, restrict or modify any of your Consumer Rights, including by limiting our liability or imposing liability on you in a manner which would be considered unfair under the relevant consumer protection laws.
PROSEGUR CHANGE ensures that the contents displayed on its Website are of the highest possible quality, but does not guarantee their accuracy, completeness and topicality. Access to the Website and the use that may be made of the information and contents that appear is the sole responsibility of the Users. To the fullest extent permitted by law, PROSEGUR CHANGE will not be liable for the consequences or damages that could be derived from said access or use of the information or the contents.
Any attempt or activity in violation or contrary to the laws in force, related or not to the data protection regulations and / or to the prohibitions stipulated in this document, will make the person responsible for the relevant legal actions, and the sanctions provided for in the law as in this instrument, as well as making the User responsible for compensating PROSEGUR CHANGE for any and all damages caused. The personal information that the User provides will be processed and stored in servers or magnetic media that maintain high standards of security and protection, both physical and technological, with procedural, technical and physical security devices to prevent against loss, misuse or unauthorized access, disclosure, alteration or destruction of the personal information provided in them.
PROSEGUR CHANGE cannot guarantee that all data transmission is completely secure. It is possible that third parties that are not under the control of PROSEGUR CHANGE may intercept or access private transmissions or communications illegally. Therefore, any transmission of personal information is done at the risk of the User.
(ii) Of the quality and availability of access
PROSEGUR CHANGE does not guarantee the absence of viruses, worms, Trojans, keyloggers, botnets, spyware, adware, ransomware or any other harmful computer element. Users will be responsible for using the appropriate and updated tools, means or systems for the detection and disinfection of harmful computer elements. Subject to your Consumer Rights and to the fullest extent permitted by law, PROSEGUR CHANGE is not responsible for damages caused to the computer equipment of the Users or third parties during or as a result of access to the Website.
Access to the Website requires services and supplies provided by third parties, without it being the responsibility of PROSEGUR CHANGE to control their quality, availability, continuity and operation. PROSEGUR CHANGE is not responsible for any damages or losses of any kind caused to Users that are the result of failures, interruptions or suspensions of the connection service to telecommunications networks during access to the Website.
PROSEGUR CHANGE does not guarantee the lack of availability, maintenance and effective operation of the Website and / or its services. However, PROSEGUR CHANGE will use commercially reasonable efforts to ensure that the Website is accessible and fully operational at all times.
(iii) Of the links
The Website may include linking devices that allow Users to access other internet pages and portals (hereinafter, the "Linked Sites"). In these cases, PROSEGUR CHANGE acts as an intermediary service provider only and will not be responsible for any content provided on the Linked Sites.
In the event that the User considers that there is a Linked Site with illegal or inappropriate content, the User may notify PROSEGUR CHANGE so that he may carry out an investigation on the legality of the contents if he considers it pertinent. However, said communication does not bind PROSEGUR CHANGE to verify any information or to withdraw the corresponding link as a result of the notification.
Users are also informed that the existence of links on the Website does not imply the existence of agreements with those responsible or owners of such Linked Sites, nor the recommendation, promotion or identification of PROSEGUR CHANGE with the statements, contents or services that the portals of the Linked Sites offer.
PROSEGUR CHANGE does not know the contents and services of the Linked Sites so it is not responsible for the damages caused by the illegality, quality, outdated, unavailability, error and uselessness of the contents or services of the Linked Sites.
It should be noted that the Linked Sites will be governed by their own privacy policies and terms of use. If the User accesses those sites, including those that incorporate the PROSEGUR CHANGE logos and / or the Website, it should be taken into account that the operators of those websites may collect information, which they will use in accordance with their privacy policy and terms of use, and that may differ from those of PROSEGUR CHANGE.
3. Force majeure
Notwithstanding the foregoing, PROSEGUR CHANGE will not be responsible for delays or failures that may occur in the access, operation and operation of the Website, its contents and / or services, as well as any interruptions, suspensions or malfunctions, when they had their origin in breakdowns caused by natural disasters such as earthquakes, floods, lightning or fires, situations of force majeure, situations of extreme urgency such as wars, military operations, civil disturbances, strikes, lockouts or any other force majeure situation or fortuitous case.
4. Compensation
Users expressly agree to indemnify PROSEGUR CHANGE, its group companies, employees, administrators, agents, and others affected, for the damages and losses (including attorneys' fees, attorney's rights and costs) arising from breach by Users of these general conditions and of the particular conditions applicable in their case, as well as to collaborate with PROSEGUR CHANGE in the defense of their interests in the event that any claim is filed or any judicial or administrative proceeding is initiated for said breach. Likewise, Users are obliged to make their best efforts in order to avoid or, where appropriate, reduce the harmful effects that may be derived from such breach.
PROSEGUR CHANGE will not be responsible for:
- indirect and consequential damages or
- business losses (including lost profits, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred) that are a direct or indirect result of the access to the Website by the Users.
- Any fraudulent, wilful or negligent act or omission of the User which causes PROSEGUR CHANGE to be in breach of applicable laws or regulations, or otherwise causes PROSEGUR CHANGE to incur losses, costs, damages or claims; or
- any breach of these Terms by the User.
5. Security warning
The "phishing" and other fraudulent actions of theft and impersonation of a person, consist of third parties simulating the identity of an entity through the fraudulent use of email to get their personal data through deception.
In the relations that the User maintains or intends to maintain with PROSEGUR CHANGE, the User must take into account the following recommendations:
- In any case, from PROSEGUR CHANGE the User will never be requested, either by phone or by email, their access credentials to the Website. In this sense, the User is reminded that these data are strictly confidential, and that they will only be used in accordance with our Privacy Policy. The transfer by the User of their confidential data to third parties is their sole responsibility.
- PROSEGUR CHANGE will not request the User either by phone or by email, a copy of their passport, driving licence or other forms of identification, nor any information related to their bank accounts or positions. The User must therefore distrust, in case of not knowing in advance and directly to the person requesting this type of data on behalf or on behalf of PROSEGUR CHANGE.
- The User must not access the Website / App through a link, e-mail or web page that is not the User's absolute trust. Instead, it is recommended that you directly type the address in the browser.
6. Use of cookies
The website https://nz.prosegurchange.com/ navigation through its website and obtain greater efficiency and personalization of the services offered to the USERS. For more information about its use, see the section "Cookies Policy" session on the website https://nz.prosegurchange.com/.
7. Security
The User is responsible for the custody, diligent use and maintenance of the confidentiality of passwords, access codes or encryption or encryption systems of the equipment acquired and / or installed. The User agrees to assume responsibility for all activities carried out from the User's account and / or using their password.
8. Partial Nullity
If any clause of the Terms of Use is declared invalid, void or for any ineffective cause, said condition shall be deemed excluded, without the validity or enforceability of the remaining conditions being affected by it.
9. Waiver
In case of breach by the Users of these Terms of Use without PROSEGUR CHANGE immediately exercising the actions and / or rights at its disposal, it does not imply that PROSEGUR CHANGE renounces to use them at any other time in the future.
10. Disclaimer
None of the information provided in connection with this service is, nor should it be construed as, financial advice. Neither PROSEGUR CHANGE, nor any entity we receive information from, are responsible for any investment or other decisions made on the basis of the information provided.
11. Jurisdiction
The Terms of Use of this Website shall be governed and interpreted in accordance with the laws in New Zealand. Any dispute, which cannot be resolved between us, shall be resolved in the courts of Auckland. The Terms are in English and all communications we send to the User will be in English.
Last updated in August 2024