XE.com Inc. has selected Custom House (Online) Ltd. to be the trade processor for XE Trade. XE Trade services in the United Kingdom are provided by Custom House Financial (UK) Ltd., an affiliate of Custom House (Online) Ltd. This contract is between you, the customer, and Custom House Financial (UK) Ltd. and governs all of the XE Trade services. There is a separate Agreement and Acknowledgment between you, the customer, and XE.com Inc. following the Custom House User Agreement. Please read both the Custom House User Agreement and the separate Agreement and Acknowledgment carefully.
ARTICLE 1 - DEFINITIONS AND INTERPRETATION
Whenever used in this Agreement, unless inconsistent with the subject matter or context, the
following words shall have the following meanings:
2.1. Representations and Warranties
At the time of entering into this Agreement and immediately before entering into any transaction contemplated by this Agreement, the Customer represents and warrants to Custom House that:
The Customer acknowledges that Custom House has entered into this Agreement and will enter into the transactions contemplated by this Agreement in reliance on the representations and warranties in Article 2.1.
2.3. Joint and Several Liability
If the Customer is comprised of two or more legal persons then a reference to a right or obligation of the Customer under this Agreement or under a transaction contemplated by this Agreement confers that right or imposes that obligation, as the case may be, jointly and severally on those persons.
ARTICLE 3 - INDEMNITY
3.1. Indemnity and Survival
The Customer shall indemnify and hold each of Custom House and XE.com Inc. harmless from any and all liabilities, claims, costs, expenses and damages of any nature, including, but not limited to, reasonable legal fees and any fees and expenses incurred in connection with litigation, arising out of or relating to the Customer's negligence or wilful misconduct, the violation of any Law by the Customer, or the breach by the Customer of any provision of this Agreement. The Customer also agrees to promptly pay to Custom House and/or XE.com Inc., as applicable, all damages, costs and expenses, including reasonable legal fees and expenses, incurred by Custom House and/or XE.com Inc., as applicable, in the enforcement of any of the provisions of this Agreement. The Customer's obligations under this Article shall survive the termination of this Agreement
ARTICLE 4 - DATA PROTECTION & CONFIDENTIALITY
Custom House is registered under the Data Protection Act 1998. Any personal data the Customer provides will be held securely and in accordance with the Data Protection Act 1998.
Custom House will use the Customers personal data for the purpose(s) for which it has been provided. Custom House may however need to disclose such personal data to a third party and/or obtain such personal data from a third party (which may not be registered under the Data Protection Act 1998) so that the service the Customer requested can be provided. It will also be necessary to transfer data to countries outside the European Economic Area. Where this happens, Custom House will endeavour to ensure that any recipient of the Customer's data will treat it with the same level of protection as Custom House would.
4.2. Use of Personal Data
Customer personal data may also be used by Custom House for trade processing, customer service, verifying information previously provided by the customer, preventing or detecting fraud or other crime and/or compliance with anti-money laundering and exchange
control laws. Any such processing of personal data will be in accordance with the Data Protection Act 1998. In addition the Customer hereby agrees and acknowledges that Custom House will share personal data, including transactional histories, with XE.com Inc for the above purposes as well as marketing, research and statistical purposes
4.3. Third Party Data
If the Customer provides Custom House with information about another person, in doing so the Customer confirms that the third party has given permission to provide it to Custom House and to be able to process their personal data (including any sensitive personal data) and also that the Customer has told the third party who Custom House are and what Custom House will use their personal data for, as set out in the Custom House User Agreement. In the case of personal data, with limited exceptions, the Customer has the right to access and if necessary rectify information held about them by formal written application to Custom House as controller of the personal data in accordance with the Data Protection Act 1998.
If the Customer makes a claim in respect of the loss, theft or destruction of a draft or otherwise for a replacement draft or for a refund in relation to a draft, The Customer consents to the processing of their personal data in the context of investigating and processing the Customers claim.
4.6. Money Laundering
Due to the inherent risks in transferring currency between parties located in different countries, Custom House takes extraordinary measures to ensure that it is not participating or assisting in money laundering or terrorist financing. Law enforcement agencies and regulatory authorities may periodically inspect and require copies of customer information and business records held by Custom House. To ensure compliance with all applicable money laundering and terrorist financing Laws the Customer should be fully aware that in appropriate cases all communications and information concerning the Customer held by Custom House including, but not limited to, details of Orders, accounts, and related transactions, may be disclosed to and reviewed by law enforcement agencies and regulatory authorities (which may be outside the European Economic Area and may not be registered under the Data Protection Act 1998).
In addition, the Customer agrees to comply with all applicable money laundering and terrorist financing Laws, including, but not limited to, the requirement to obtain satisfactory evidence of the identity of any principal whom the Customer may represent in any transaction entered into with Custom House. If the Customer breaches any money laundering, terrorist financing laws or regulations the Customer irrevocably agrees that Custom House may retain any moneys or funds transmitted to us pursuant to these conditions and/or not fulfil any request if Custom House are required to do so by any legal or regulatory authority and such moneys shall not bear interest against Custom House. Customer shall comply (and shall cause Customer's officers, principals and employees to comply) with all federal, provincial and local laws and regulations applicable to Customer's business, as the same may be amended from time to time, including but not limited to: (a) provincial licensing laws; (b) anti-money laundering laws, terrorist financing laws, cash reporting requirements and Custom House's written policies and procedures (as amended from time to time) as they relate to compliance with the detection and prevention of money laundering and cash reporting requirements; (c) all applicable federal and provincial money transfer or sale of cheques laws and regulations; and (d) all applicable federal and provincial privacy laws and regulations.
ARTICLE 5 - GENERAL
5.1. Informational Purposes
The Customer acknowledges that all information provided herein, including any information on or through the Trade services, is provided by Custom House and/or other entities, and not by XE.com Inc. The information provided by Custom House and other entities on the Trade website and/or the Custom House website is believed to be accurate and reliable when placed on this site, but neither Custom House nor XE.com Inc. can guarantee it is accurate or complete or current at all times. Information on the Trade website is for informational purposes only and is not intended to provide financial, legal, accounting, or tax advice and should not be relied upon for those purposes
This Agreement shall be exclusively governed and constructed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Within two (2) Days of termination, each party shall pay all amounts due to the other party, and the Customer will return or destroy all materials received from Custom House as per Custom House's written instructions. Each party's duties of payment, delivery, and destruction of materials shall survive termination of this Agreement. Any obligation of Custom House arising by operation of this Article is subject to Custom House's determination under Article 5.13.
This Agreement, including all transactions, shall inure to the benefit of Custom House, and XE.com Inc., and each of their respective successors and assigns, and shall be binding upon the Customer and the Customer's personal representatives, executors, trustees, administrators, successors, assigns, principals, officers and agents
Any rights or obligations that the Customer may have pursuant to this Agreement shall not be
assigned, transferred, sold, or otherwise conveyed, except with the prior written consent of Custom House. Custom House may, however, transfer any rights or obligations it may have pursuant to this Agreement to another party without the consent of the Customer. The Customer will execute any documents (including a deed of novation) reasonably required by Custom House to effect such a transfer.
If any provision of this Agreement shall be prohibited by Law or is or becomes illegal, invalid or unenforceable in any jurisdiction, that will not affect:
This Agreement comprises the terms and conditions governing the relationship of the Parties. If there is any conflict between the terms of any schedule, attachment or other addenda attached to this Agreement, then the terms of the schedule, attachment or other addenda shall prevail over the terms in this Agreement to the extent of that conflict.
5.9. Rights of Third Parties
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or to enjoy the benefit of any term of this Agreement.
The terms of this Agreement and any transactions under it, may be amended by Custom House at any time. Custom House will provide Notice to the Customer of any such amendment no later than two months before the date on which those amendments are to take effect. The Customer will be bound by the terms of such an amendment unless it notifies Custom House to the contrary before the date the amendment(s) is/are due to take effect (the "Proposed Amendment Date"). However, the Customer has the right to terminate this Agreement immediately and without charge before the Proposed Amendment Date if it does not agree to the proposed amendment(s).
5.11. Entire Agreement
This Agreement, and all schedules, attachments or other addenda attached to it, constitute the entire agreement between the parties with respect to the use and provision of the Trade Services, and supersede and replace any and all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter.
5.12. Names and Marks
At no time shall either party make commitments for or in the name of the other party. Except as specifically provided for in this Agreement, neither party will: (a) use the other party's name or proprietary marks without the prior written approval of the other party; or (b) represent itself as being affiliated with, or authorised to act for, the other party. Furthermore, the Customer acknowledges that "XE", the XE logo, and "XE Trade"" are trade marks of XE.com Inc. and/or its' licensors and that all right, title and interest to such trade marks belongs to XE.com Inc. and/or its' licensors.
5.13. Compliance with Law
Each party will conduct its activities under this Agreement in compliance with all applicable Laws. The Customer may be required to provide Custom House with personal information or information concerning its business, which will be kept on record. If Custom House considers it necessary in order to comply with any applicable Law, Custom House may make a report of transactions involving the Customer to the appropriate regulatory authority or law enforcement agency.
5.14. Force Majeure
Neither party will be liable for any failure or delay in performance (except for duties of payment) due to an event or cause beyond the reasonable control of the party claiming the force majeure. Events or causes which may satisfy this test include an act of God, peril of the sea, unavoidable accident of navigation, war (whether declared or not), sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), martial law, fire, flood, cyclone, earthquake, landslide, explosion, power or water shortage, failure of a transmission or communication network, epidemic, quarantine, strike or other labour difficulty or expropriation, restriction, prohibition, law, regulation, decree or other legally enforceable order of a government agency, breakage or accident or other damage of Custom House's machinery or systems, unless occurring as a result of an act, omission, default or negligence of the Customer.
5.15. Market Disturbance
Custom House's liability to the Customer and anyone claiming through the Customer hereunder for a breach this agreement by Custom House shall be limited to the foreign currency value of the Order relating to the claim, determined as at the Value Date. Custom House shall not be liable for any claim of the Customer for exemplary damages, economic loss or consequential damages The Customer agrees and acknowledges that XE.com Inc. shall have no liability or obligations to the Customer pursuant to this Agreement or any breach of this Agreement by Custom House. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE CUMULATIVE AGGREGATE LIABILITY OF CUSTOM HOUSE UNDER THIS AGREEMENT SHALL BE LIMITED TO A MAXIMUM AGGREGATE IN DIRECT DAMAGES SUFFERED IN THE AMOUNT AS CALCULATED ABOVE. IN NO EVENT SHALL CUSTOM HOUSE, OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR LOST PROFITS, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SIMILAR DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.17. Default Interest
If the Customer fails to pay any amount payable by it under this Agreement, it shall immediately on demand by Custom House pay interest at the rate of 5% above the prevailing London Interbank Offered Rate (LIBOR) on the overdue amount from its due date up to the date of actual payment, both before, on and after judgment.
In the first instance, the Customer should raise any complaints directly with Custom House. If Custom House is unable to resolve the matter to the Customer's satisfaction, the Financial Ombudsman offers an out of court redress mechanism. The Financial Ombudsman can be contacted on telephone 0845 080 1800 or 0300 123 9 123 or email at firstname.lastname@example.org.
5.21. No Speculation Permitted
The Customer may only enter into an Order for the purpose of hedging the risk of movement in the value of a Currency but not for the purpose of speculation or investment. If Custom House suspects that the Customer is completing Orders for speculative purposes, Custom House may immediately terminate this Agreement, and Custom House shall be relieved of any obligations set out in the Agreement, including any obligations arising out of any Order already placed and accepted by Custom House.
5.22. No Financial Advice
The Customer shall be solely responsible for evaluating and selecting the timing and nature of all Orders entered into and shall not treat information provided by Custom House as financial advice. The Customer must rely solely on his own / her own judgement in determining whether the services provided by Custom House are appropriate for the Customer's purposes.
ARTICLE 6 -- TRANSACTIONS
6.1. Cancellation or Amendment
Should the Customer subsequently wish to reverse, alter or cancel any Order made on the internet, the Customer shall be liable to reimburse Custom House in full, on demand, for any loss or costs incurred by Custom House as a result of such reversal, cancellation or amendment.
Custom House reserves the right to refuse any Order that is incorrect, incomplete, or unsatisfactory to Custom House for any reason. However, where possible Custom House will provide a written explanation to the Customer stating the reasons for the refusal and the procedure for rectifying any factual errors that led to the refusal. Custom House may charge the Customer for that notification where the refusal is reasonably justified.
6.4. Payment of Order
Although Custom House will use all reasonable efforts to process the Customer's Order on the same Day it is submitted to Custom House (subject to Article 7 and provided that the Order is received before the close of business on that Day), Custom House shall not be responsible or liable for the time it may take other financial institutions to settle accounts. Custom House shall not, in the absence of gross negligence or wilful misconduct, be liable for delays, damages, failures or errors in the completion of the Order.
Rate indications from Custom House are available on the Internet (the "Indication"). The Indication is not binding, and the rates will be as agreed when the Order is placed. The exchange rates quoted on the Internet are indicative only and may change. The actual exchange rate will be as agreed when the Customer's Order is booked. The booked exchange rate may be different to the rate quoted on the Internet for a number of reasons, for example, because the Order is booked some time after the quoted rate was given. As a dealer in currency, Custom House has a spread between its purchase and sale prices; and it bases its individualised rates on many factors including its assessment of market conditions, its overhead and processing costs.
6.8. Unauthorised Transactions
Should a quoting error occur due to a typographical error or obvious mistake in a quote or Indication (the "Quoting Error"), Custom House is not liable for any damages, claims, losses, liabilities or costs arising from the Quoting Error. Custom House will make efforts to correct the Quoting Error and recover the funds involved in the payment transaction. Custom House may charge the Customer for any such recovery. Any dispute arising from a Quoting Error will be resolved on the basis of the fair market value, as determined by Custom House acting reasonably, of the relevant currency at the time such Quoting Error occurred.
6.10. Internet Ordering
If the Customer uses Custom House's Internet based foreign exchange ordering system (the "Internet System"), the Customer confirms and accepts the following:
All communications between the Customer and Custom House (including information and notifications that Custom House is required to provide to the Customer in accordance with the PSRs) shall be in English.
7.2.1. Method and deemed receipt
Where a formal notice, Instruction, Order or other writing (as appropriate) is required or permitted to be given under this Agreement or for the purposes of this Agreement ("Notice"), that Notice shall be in writing and shall:
A Notice given or made under this Agreement may also be sent by facsimile if the Notice is sent to the facsimile number last notified by the intended recipient to the sender. A Notice sent by facsimile will be deemed to have been given when received in legible form on the date of transmission shown on a transmission report produced by the facsimile machine of the sender which indicates that the entire notice was transmitted successfully.
7.3. Other Communications
This Article 7.3 shall apply to any communication between the Customer and Custom House which is not required to be sent as a formal Notice:
7.3.1. Use of the Custom House website and or Custom House Service
In using the Custom House website and/or any Custom House Service, the Customer and Custom House are expressly authorised to send financial and other data as well as electronic messages to each other through the Internet or by facsimile transmission. The Customer acknowledges that when the Internet, facsimile transmission or any other means of electronic communication are used to transmit or receive data and messages, the data and the messages may be accessed by unauthorised third parties. Custom House shall not be liable to the Customer for any loss or damages in connection with any data and messages which may be accessed by unauthorised third parties. The risk of such unauthorised third party receipt of information confidential to the Customer is expressly acknowledged and accepted by the Customer when using any Custom House Service. The Customer releases and indemnifies Custom House from any claim arising out of an unauthorised third party accessing data or messages being transmitted between the Customer and Custom House.
Hyperlinks or other links to or from websites outside of the XE Trade website are for the convenience of Customers only. Neither Custom House nor XE.com Inc. review, monitor, endorse or control, and are not responsible for, any sites linked to or from the XE Trade website. Neither Custom House nor XE.com Inc. will be liable for any damages in respect of linking or in consequence of following a link7.3.3 Provision of Information Generally
Custom House shall make available to the Customer the information which the Customer is entitled to receive under the PSRs. That information shall be provided to the Customer by any method set out in this Article 7. In addition, the Customer may at any time request from Custom House a copy of (i) the then-current Agreement applying between the Customer and Custom House and/or (ii) any information to which the Customer is entitled under this Agreement.
ARTICLE 8 - DRAFTS AND/OR WIRES
At the request of the Customer, the Order may be dispatched by Custom House via draft ("Draft") and/or wire ("Wire").
The Customer will contact Custom House immediately to request a stop order on a Draft or Wire.
8.3. Stop Orders
As it may not be possible to stop payment on Drafts or Wires, Custom House's obligation on receipt of a request under Article 8.2 shall be limited to sending the applicable stop payment order within two (2) Days of its receipt of the following: (a) a satisfactory stop order, (b) an indemnity agreement, and (c) payment for the related charges. Custom House will not be liable if payment on a Draft or Wire cannot be stopped.
Refunds will be made in the currency used to initially purchase the draft or wire after converting the remitted currency at the then applicable Custom House determined rate, less Custom House's handling charges. Unless the original Draft is returned, Draft refunds may require (a) verification that the Draft has not been paid and that the bank has stopped payment; and (b) receipt of a satisfactory indemnity agreement and/or lost instrument bond. Wire refunds are conditional upon successful recall of the funds.
8.5. Limited Liability
Custom House undertakes to use reasonable care to ensure that Drafts will be paid by the drawee bank, in accordance with its normal practices; and that Wires will be credited to the designated account or available for pick-up at the time specified by Custom House, in accordance with the payor's normal practices. However, Custom House cannot be responsible for any loss, seizure, delay, or non-payment unless due to its gross negligence or willful misconduct in selecting drawees, intermediaries, and payors, and in otherwise performing its duties under this Agreement. Custom House takes no responsibility for infringement of import/ export or currency control restrictions.
ARTICLE 9 - FORWARD EXCHANGE CONTRACTS
9.1. Forward Contract
The Customer may buy or sell currency for the purpose of hedging the risk of movement in the value of a currency (for commercial and not for speculation or investment purposes) by placing an Order for the future delivery of a specified currency (the "Forward Currency") on the Value Date (the "Forward Contract") paired with either Great Britan Pounds ("GBP") or United States Dollars ("USD"). At the option of the Customer the delivery of the currency pursuant to the Forward Contract may be either: (a) processed on the Value Date (the "Fixed Term Forward Contract"), or (b) processed in multiple draw downs at any time between the acceptance of the Forward Contract and the Value Date (the "Optional Delivery Date Forward Contract"). Forward Contracts may be paid for in GBP or USD only.
9.2. Pre-delivery of Fixed Term Forward Contract
At the request of the Customer, Custom House may, at its sole discretion, deliver the currency pursuant to the Fixed Term Forward Contract prior to the Value Date (the "Fixed Term Predelivery Date"). For any such pre-delivery, an adjusted rate of exchange calculated on the Fixed Term Pre-delivery Date may be applied at the sole discretion of Custom House.
9.3. Optional Commencement Date
Pursuant to the terms of the Optional Delivery Date Forward Contract, the Customer may request that the delivery of the multiple draw downs commence on a specific date (the "Optional Commencement Date").
9.4. Pre-delivery of Optional Delivery Date Forward Contract
At the request of the Customer, Custom House may, at its sole discretion, deliver the multiple draw downs pursuant to the Optional Delivery Date Forward Contract prior to the Optional Commencement Date (the "Optional Pre-delivery Date"). For any such pre-delivery, an adjusted rate of exchange calculated on the Optional Pre-delivery Date may be applied at the sole discretion of Custom House.
9.5. Extension of Forward Contract
Custom House may at its discretion allow the terms of the Forward Contract to be extended. If Custom House agrees to such a change, the Customer agrees that the existing Forward Contract will be terminated based on a rate as determined by Custom House and a new Forward Contract will be entered into which reflects the agreed changes. The Customer acknowledges that the exchange rates for the new Forward Contract and for the termination of the original Forward Contract may differ from those in the original Forward Contract. The Customer agrees that all losses and costs in relation to any termination and new Forward Contract are the responsibility of the Customer and must be paid within Two (2) days of termination of the original Forward Contract.
The acceptance by Custom House of a Forward Contract for booking shall be conditioned upon Customer's delivery of a deposit or an irrevocable letter of guarantee satisfactory to Custom House in order to validate the Forward Contract (the "Deposit"). The Deposit may either be by way of: (a) a cash deposit (in GBP or USD, only delivered by bank wire or other means acceptable to Custom House) of a certain mutually agreed percentage of the currency value of the Forward Contract (the "Forward Contract Value"); or (b) a irrevocable letter of guarantee (the "Letter of Guarantee") for a certain mutually agreed percentage of the Forward Contract Value.
9.7. Letter of Guarantee
The Letter of Guarantee shall: (a) be payable to Custom House, (b) be drawn on a Custom House approved financial institution, and (c) have a maturity date a minimum of fourteen (14) days after the Value Date of the Forward Contract.
9.8. Margin Deposit
Custom House may at its sole discretion require the Customer to pay an amount solely determined by Custom House ("the Margin Deposit") in either of the following circumstances:
A customer will be in default in respect of a forward contract should any of the events detailed below occur:
9.10. Return of Deposit/Margin Deposit
Subject to Article 9.9 the Deposit, including any Margin Deposit, without interest, will either be returned to the Customer upon the completion of the Forward Contract or will be set off by Custom House in settlement of any amount owing to Custom House by the Customer at any time under this Agreement.
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XE.COM INC. - AGREEMENT AND ACKNOWLEDGMENT IN FAVOUR OF XE.COM INC.
In consideration for Custom House entering into a User Agreement with you and for completing foreign currency transactions on your behalf through XE Trade, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, you, the Customer (as defined in the Custom House User Agreement), intending to be legally bound, hereby agree, confirm, consent and acknowledge that XE.com Inc. and its affiliates/subsidiaries are solely introducing you to Custom House and as such: (i) shall not be providing any trading activities, advice or foreign exchange services to you directly or indirectly, all of which shall be handled by Custom House; (ii) have no liability to you for any services provided to you by Custom House or its' affiliates and subsidiaries; (iii) are entitled to all of the indemnity provisions and liability exclusions benefiting Custom House and its' affiliates and subsidiaries as set out in the Custom House User Agreement; (iv) have not induced you to enter into any agreement/relationship with Custom House nor made any promises, representations or warranties as to Custom House's expertise or abilities; and (v) are being compensated by Custom House based on your trading activities. You hereby consent to and acknowledge that all of your personal information collected by Custom House, including transactional history, shall be shared with XE.com Inc. and transferred to XE.com Inc. by Custom House on termination of the Custom House User Agreement and shall then only be used and retained by Custom House for the purposes of Custom House complying with its legal record retention obligations.
You, the Customer (as defined in the Custom House User Agreement), hereby acknowledge and agree that if you hereafter make any claim or demand or commence or threaten to commence any action, claim, complaint, application or proceeding whatsoever against XE.com Inc., or any of its' affiliates/subsidiaries, for or by reason of any cause, matter or thing related to XE Trade or the provision of any services pursuant to the Custom House User Agreement , this document may be raised as an estoppel and complete bar to any such demand, action, claim, complaint, application or proceeding.
You, the Customer (as defined in the Custom House User Agreement), further hereby agree to indemnify and hold XE.com Inc. harmless from any and all liabilities, claims, costs, expenses and damages of any nature, including but not limited to reasonable legal fees and any fees and expenses incurred in connection with litigation, arising out of or in any manner related to the XE Trade services or the Custom House User Agreement.
This Agreement and Acknowledgment shall be governed and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and the parties hereto irrevocably submit to the jurisdiction of the courts of the Province of Ontario. THIS AGREEMENT AND ACKNOWLEDGMENT SHALL NOT BE CONSTRUED AGAINST XE.COM INC. BY REASON OF THE DRAFTING OR PREPARATION HEREOF.
BY CLICKING THE SUBMIT BUTTON DIRECTLY BELOW THIS WINDOW YOU ACKNOWLEDGE THAT YOU: (I) HAVE READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ACKNOWLEDGMENT AND THE CUSTOM HOUSE USER AGREEMENT; (II) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ACKNOWLEDGMENT; (III) AGREE TO BE BOUND BY THE CUSTOM HOUSE USER AGREEMENT; (IV) HAVE THE POWER AND AUTHORITY TO ENTER INTO BOTH OF THESE AGREEMENTS.
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