These Terms and Conditions (“Terms”) form a legal agreement between Dandy Investment Group Pty Ltd trading as “Danesh Exchange” ABN: 33 168 434 133 (“we”, “our” or “us”) and users of our website (“Site”) and customers who use the Danesh Exchange online foreign currency exchange services (our Services”) (“you”, “your”).
Please read these Terms carefully. Your use of our Site or use of our Services, indicates that you have read, accept, and agree to be bound by these Terms.
“Danesh Exchange” (“we”, “our”, “us”) means the online foreign currency exchange business providing currency exchange services to customers (“you, “your”);
“Online Foreign Currency Exchange Services” (our “Services”) means the services offered by us, enabling you to covert one currency to another through an online platform. These services involve the buying and selling of foreign currencies at prevailing exchange rates;
“Exchange Rate” means the rate at which one currency is converted into another currency. It represents the value or price of one currency in relation to another currency and is determined by various factors, including market conditions and economic factors;
“Currency Pair” means a set of two currencies involved in a foreign exchange transaction. It consists of a base currency and a quote currency, representing the amount of quote currency required to purchase one unit of the base currency;
“Buy Rate” means the exchange rate at which we buy a particular currency from customers who wish to sell that currency and acquire a different currency;
“Sell Rate” means the exchange rate at which we sell a particular currency to customers who wish to purchase that currency by exchanging a different currency;
“Spread” means the difference between the buy rate and sell rate offered by us. It represents our profit margin and covers operational costs and potential market risks associated with foreign currency exchange;
“Transaction” means a specific foreign currency exchange transaction initiated by you through our online platform, involving the conversion of one currency to another at the prevailing exchange rate;
“Account” means a registered user account created by a customer on our online platform, allowing access to the foreign currency exchange services, transaction history, and other relevant features;
“Payment Method” means the available methods provided by us for customers to deposit funds into their account or withdraw funds resulting from foreign currency exchange transactions. These methods may include bank transfers, credit/debit cards or other electronic payment options;
“Know Your Customer” (KYC) means the process of verifying the identity of customers in accordance with legal and regulatory requirements. It involves collecting and verifying personal information and supporting documentation to ensure compliance with anti-money laundering and counter-terrorism financing regulations;
“Anti-Money Laundering/Counter-Terrorism Financing” (AML/CFT) means the set of laws, regulations, and procedures that we comply with to prevent money laundering and terrorist financing activities. These measures include customer due diligence, transaction monitoring, and reporting suspicious activities to the appropriate authorities”;
“Business Day” means a day that is not a Saturday, Sunday, or a bank holiday in Victoria;
2. Description of Services
Danesh Exchange provides currency exchange services and allows allows customers to access and buy different currencies online and choose to pick it up in store or from over 3000 Australia Post stores or have it delivered to their door.
3. Changes to Terms
We may revise and update these Terms at any time at our discretion. All changes are effective immediately when we post them. Your continued used of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes. We do not undertake to keep our Site up-to-date and we are not liable if any content is inaccurate or out-of-date.
5. License to use our Site
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable license to use our Site in accordance with these Terms. All other uses are prohibited without prior written consent.
6. Prohibited Conduct
You must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to our Site or our Services, which we would consider inappropriate, or which might bring us or our Site or Services into disrepute, including without limitation:
7. Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion
9. Warranties and Disclaimers
To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:
You read, use, and act on our Site and the Content at your own risk.
10. Use of the Service
The Service is only available to individuals aged 18 years or over who reside in Australia and access the Service from Australia via the Website. The Service may be used to purchase Online Foreign Currency for holiday or business travel only and not for speculative, investment or any other purposes. We may, in our sole discretion, refuse to provide the Service to any person for any reason. We will not be liable for any cost, loss or damage incurred by you if we refuse to provide the Service to you.
11. Placing an Order
To place an order, you must follow the instructions on the ordering pages of the Website. You can correct errors on your order up to the point at which you click on the “Submit Order” button on the “Review” Once you have entered the ordering screen you must complete your order before your session times out otherwise you will have to restart the order process.
You must provide the requested information for us to process your order. We reserve the right to request further information from you at any time to enable us to complete your order and/or to comply with regulatory requirements. We will use various procedures to authenticate each transaction. By placing an order, you confirm that the details contained in the order are correct in all respects.
You should place and pay for your order at least 2 Business in advance of your expected collection date.
Please allow for an extra Business Day if you order after 1:30pm (Australian Eastern Standard Time).
12. Order Limits
All online orders for Online Foreign Currency are subject to:
13. Order Confirmation
14. Third Party Rights
When you place an order for Online Foreign Currency via the Service and we receive your payment for the order and accept your offer to enter the contract for the Service, we are entering a contract with you personally. Nothing in these terms will confer any benefit on any third party or any right to enforce these terms, on any third party.
15. Accuracy and Timeliness of Information
We endeavour to ensure that all the information and exchange rates on our Site are accurate, however occasionally changes and errors occur, and we reserve the right to correct prices and other details in such circumstances.
17. Currencies and Denominations
18. Exchange Rates
The exchange rates quoted on the Website are subject to change. We will use the exchange rate at the time we receive your order. The exchange rate applicable to your transaction is the rate set out in your confirmation email.
19. Fees and Charges
20. Order Cancellation
21. Uncollected Orders
Should you fail to collect your order from the Collection Location within 72 hours after your nominated collection date (including by failing to satisfy our requirements under clause 8), your order will be marked as “Uncollected” and we will contact you to arrange an alternative collection date. In the event that we are unable to contact you within 90 days of the date that our contract was formed and you have not collected, cancelled or proceeded to reverse your transaction (as applicable) in accordance with these terms and conditions then the funds held by us at that time will be treated as unclaimed moneys.
The provisions of this clause do not affect your statutory rights.
22. Personal Information and Security
All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment your order will not be accepted.
The Financial Transaction Reports Act 1988 (Cth) (FTRA) is an Australian law that aims to combat money laundering and terrorism financing activities. It requires certain entities to report certain financial transactions to the regulatory authority, which is the Australian Transactions Reports and Analysis Centre (AUSTRAC). Under FTRA, we are prohibited from dealing with sanctioned individuals or entities. According to Section 4 of the FTRA, a sanctioned person refers to an individual, entity, or country that is subject to economic or financial sanctions imposed under Australian law. If it appears that you are a sanctioned person or are acting on behalf of a sanctioned person or entity, we may be required to suspend or stop providing the Service to you. We may also be required to freeze any transactions with you and freeze any assets of yours which we hold.
In addition, Danesh Exchange does not accept identification from certain countries due to various local and international sanction regulations affecting those countries.
These processes may cause a substantial delay in providing the Service to you or may prevent us from providing the Service to you.
24. Limitation of Liability
Our Services may come with guarantees that cannot be excluded under Australian Consumer Law. “Australian Consumer Law” means the uniform consumer protection law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (the CCA).
To the maximum extent permitted by law (including the CCA) we exclude all liability whatsoever to you or any other person (whether in contract tort or otherwise) for any loss (whether direct, indirect, consequential) including death or personal injury or damage of any kind that may be suffered as a result of any act or omission whether negligent or otherwise by or on behalf of us in connection with the Services or any other matter or thing relating to these Terms. This clause does not limit or exclude your rights under the CCA.
Where the law implies a warranty into these Terms which may not lawfully be excluded (in particular warranties under the CCA) our liability for breach of such a warranty will be limited to either supplying the Services again or payment of the cost of having the services supplied again.
To the maximum extent permitted by law, you must indemnify us (our directors, officers, subsidiaries, employees, contractors, and agents) and hold us harmless, against any liability suffered or incurred by a third-party arising from or in connection with your use of our Services or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.
26. Intellectual Property
Unless otherwise indicated, we own or licence all rights, title, and interest (including intellectual property rights) in our Site and all content. You use of our Site and you use of and access to any content does not grant or transfer to you any rights, title, or interest in relation to our Site or the content. You must not:
If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
The headings used are for convenience only and shall not be deemed to define, limit, or construe the contents of any provision of these Terms. The meanings given to terms defined herein will be equally applicable to both the singular and plural forms of such terms. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.
29. Entire Agreement
These Terms and any policies posted by us on our Site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
30. Governing Law
Your use of our Services or our Site and these Terms are governed by the laws of Victoria Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.
For any questions and notices, please contact us at:
Email: [email protected]
Last update: [28-05-2023]