Terms & Conditions

Treasury Exchange Limited® / Terms & Conditions

Terms & Conditions of Website

These website terms and conditions of use apply to the Treasury Exchange Limited® (“Treasury Exchange”, “we” or “us”) web site located at www.treasury.exchange. The website is the property of Treasury Exchange Limited. By using this website, you agree to these terms and conditions of use; if you do not agree, do not use our services or the secure Site Gateway “Site”.

Treasury Exchange reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, with or without notice. It is your responsibility to check these terms and conditions of use periodically for changes. Your continued use of the www.treasury.exchange following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these terms and conditions of use, Treasury Exchange grants you a private, non-exclusive, non-transferable, limited privilege to enter and use the website.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and other materials (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Treasury Exchange Limited, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, downloaded, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Treasury Exchange Limited’s express prior written consent.

Nothing on this website shall be construed to confer any license, offer for license or sale, or right to use under any of Treasury Exchange Limited’s or any third party provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Contacting Us” section below if you have any questions about obtaining such licenses.

You may view, download, print, and copy materials on this website for your own personal, informational, non-commercial use, provided that (i) you do not modify the materials, (ii) any copies that you may make must be marked “Copyright © paydiant. All rights reserved.”, (iii) you retain all copyright and proprietary notices originally contained in the materials on any copies, and (iv) the use of such materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain. You may not use, reproduce, display, transmit, or distribute any materials contained on this website for any commercial purpose. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed materials.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Treasury Exchange server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or ‘test’ the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Treasury Exchange systems or networks, or any systems or networks connected to the Site or to Treasury Exchange. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Treasury Exchange on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights ofTreasury Exchange Limited® or others.

Other Terms and Conditions

Additional terms and conditions may apply to specific portions or features of the Site, including developer forums or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Communications and Feedback

Disclosure by you for technical support purposes and also specified in our Privacy Statement, all communications from you to Treasury Exchange Limited® will be considered confidential and proprietary. You agree that any and all comments, information, feedback and ideas regarding Treasury Exchange Limited®, its products or services, that you communicate to Treasury Exchange Limited® (“Feedback”) shall be deemed to be non-confidential and Treasury Exchange Limited® shall be free to use such information on an unrestricted basis. Further, such Feedback will be deemed, at the time of communication to Treasury Exchange Limited®, the property of Treasury Exchange Limited®, you hereby assign to Treasury Exchange Limited® all right, title and interest in and to such Feedback and all intellectual property rights therein, and Treasury Exchange Limited® shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you.

Accounts, Passwords and Security

Access to and use of password protected or secured areas of this Site is restricted to authorized users only and certain features or services offered on or through the Site may require you to open an account and may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Treasury Exchange Limited® immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Treasury Exchange Limited® or any other user of or visitor to the Site due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Content you are exposed to through this Site.

Privacy

Treasury Exchange Limited® Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Treasury Exchange Limited® Privacy Policy, visit https://treasury.exchange/privacy-policy/ Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others including, but not limited to your ISP.

Treasury Exchange Limited® reserves the right to review your communications on this Site to determine whether you comply with these Terms of Use and any other applicable polices or terms and conditions of Treasury Exchange Limited® applicable to your use of the Site. Treasury Exchange Limited® will not have any liability or responsibility for the content of any communications you post to this Site, or for any errors or violations of any laws or regulations by you. Treasury Exchange Limited® will comply with any court order in disclosing the identity of any person posting communications on this Site. It is advisable that you review our Privacy Statement before posting any such communications.

Links to Other Sites:

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and we are not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. Please note that when you conduct transactions with other companies providing content via this Site, you will also be subject to their privacy policies.

Trademarks

The trademarks, service marks and logos of Treasury Exchange Limited® used through the Site (“Trademarks”) are the property of Treasury Exchange Limited®. You have no right to use any such Trademarks, and nothing contained in this Site or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of Treasury Exchange Limited®.

Disclaimers

TREASURY EXCHANGE LIMITED® DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.TREASURY EXCHANGE LIMITED® CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TREASURY EXCHANGE LIMITED® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TREASURY EXCHANGE LIMITED® DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST TREASURY EXCHANGE LIMITED® FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Treasury Exchange Limited® reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Treasury Exchange Limited® be liable to you for any special, indirect, consequential, exemplary, incidental or punitive damages, including lost profits, lost revenues, loss of use, or procurement of substitute goods or services, even if Treasury Exchange Limited® has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Treasury Exchange Limited® is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Treasury Exchange Limited® liability shall in no event NZ$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Treasury Exchange Limited®, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from and against any demands, loss, suits, actions, proceedings, investigations, damages, costs, settlement amounts, liability, claims, expenses (including attorneys’ fees) and any and all other liabilities arising out of or in connection with your use of the Site.

Violation of These Terms of Use

Treasury Exchange Limited® may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Treasury Exchange Limited® rights or property, or the rights or property of visitors to or users of the Site, including Treasury Exchange Limited® customers. Treasury Exchange Limited® reserves the right at all times to disclose any information that Treasury Exchange Limited® deems necessary to comply with any applicable law, regulation, legal process or governmental request. Treasury Exchange Limited® also may disclose your information when Treasury Exchange Limited® determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Treasury Exchange Limited® may preserve any transmittal or communication by you with Treasury Exchange Limited® through the Site, and may also disclose such data if required to do so by law or Treasury Exchange Limited® determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Treasury Exchange Limited®, its employees, users of or visitors to the Site, and the public.

You agree that Treasury Exchange Limited® may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Treasury Exchange Limited®, for which monetary damages would be inadequate, and you consent to Treasury Exchange Limited® obtaining any injunctive or equitable relief that Treasury Exchange Limited® deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Treasury Exchange Limited® may have at law or in equity.

You agree that Treasury Exchange Limited® may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Treasury Exchange Limited® does take any legal action against you as a result of your violation of these Terms of Use, Treasury Exchange Limited® will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Treasury Exchange Limited®. You agree that Treasury Exchange Limited® will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of NEW ZEALAND without regard to its conflicts of laws provisions. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Treasury Exchange Limited® and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Treasury Exchange Limited® administers and operates the Site from its location in Auckland New Zealand. If you choose to access the Site from outside New Zeland, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content in violation of any applicable laws or regulations, including without limitation New Zealand export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Treasury Exchange Limited® with regard to your use of the Site, and any and all other written or oral agreements or understandings previously or contemporaneously existing between you and Treasury Exchange Limited® with respect to such use are hereby superseded and cancelled.Treasury Exchange Limited’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Treasury Exchange Limited® of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Treasury Exchange Limited® and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Legal Handicaps and/or Age of Minority

Minors are not eligible to use the Site and we do not wish to receive data from those legally handicapped, minors or children. We ask that minors (under the age of 18) do not use the Site. Our Site is not directed to minors or children under 18 years of age.

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