Terms and Conditions


By using this website you are agreeing to be bound by these terms and conditions. Use of our site includes accessing, browsing or using any of the services offered on our site.

You must be at least 18 years of age and resident and situated in New Zealand to use our website. By using our website and by agreeing to these terms of and conditions you warrant and represent that you are at least 18 years of age and resident and situated in the New Zealand.

1. General

(a) In these terms and conditions: "we", "us" and "our" refer to Kono Digital trading as forexguru.co.nz; "website" means the website available at forexguru.co.nz (or any successor website operated by us from time to time); "your content" means testimonials and any other content that you submit to the website or to us or to an employee of ours, either directly via the website or by email, fax, letter or any other means.

(b) The website provides information and comparison services in relation to money transfer providers. We do not charge for this service. Instead, we may receive fees from the money transfer providers listed on our site.

(c) We do not offer financial advice in any form. We provide an independent comparison of the best value services offered by money transfer providers. The services that we provide are not a regulated activity and we are not regulated by the Financial Markets Authority (New Zealand) (FMA).

(d) We reserve the right to change, modify, replace or remove any information or service provided by the website without notice as we see fit.

(e) By using our site, you confirm that you accept these terms of use and any other notices or amendments posted through our site and that you agree to comply with them. If you do not agree to these terms of use, you must not use our site.

2. Financial information disclaimer

(a) The website provides information and comparison services in relation to particular products and services, including financial services and foreign currency. The website does not provide financial advice, advice concerning particular investments or investment decisions, or tax or legal advice. Nor do we recommend particular products or services. You should take professional financial advice in connection with, or independently research and verify, any information that you find on our website and wish to rely upon, whether for the purpose of making an investment decision, a purchase or otherwise.

(b) While we aim to keep the information on the website accurate, complete, and up-to-date, we cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

(c) Most of the information on our website about particular products and services is provided by third parties. In general, we act as a mere conduit for this information, and we do not generally select or edit the information.  Nor do we endorse the authenticity, identity or qualifications of experts or company representatives. Accordingly, we will not be liable in respect of any losses you may suffer arising out of such information or any reliance you may place upon such information. Nor will we be liable in respect of any losses you may suffer as a result of relying upon information posted on the website by a website member, expert or company representative.

(d) We would like to draw your attention to the following investment warnings: the value of investments and the income derived from them can go down as well as up; investors may not get back the amount they invested; and past performance is not necessarily a guide to future performance.

3. Access to the site and content

(a) We do not guarantee that our site, or any content on it, will always be available or uninterrupted. We will endeavour to maintain the site and the service provided through it, and allow uninterrupted access to the site. However, we may need to temporarily suspend, restrict or terminate the service from time to time for operational reasons without notice (eg. for repairs, planned maintenance or upgrades). We shall endeavour to restore the service as soon as possible after any suspension. Notwithstanding this, no guarantees are given as to the availability of this site. We will not be liable to you if for any reason our site is unavailable at any time for any period.

(b) We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the site from time to time. You are deemed to accept such amendments by your continued use of the site.

(c) The service contains links to other internet websites and resources including links to the websites operated by the Transfer Providers or to web sites that are not owned, operated or controlled by us or our affiliates. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the websites. Please ensure that you review the terms of use and privacy policy of such external links prior to use of them. If you decide to access any other web sites linked to or from this site you do so entirely at your own risk. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites.

4. Using our service

(a) The site is made available to our users free of charge. We receive a commission from the Transfer Providers which is calculated according to the number of users that we redirect to the Transfer Providers and who subsequently go on to place money transfer orders.

(b) We provide a comprehensive and detailed source of information comparing a wide range of products available for remitting money worldwide. These reports and articles are provided for information purposes only. We accept no liability for any inaccuracies or errors in the information, reports and articles made available on the site.

(c) We grant you a non-exclusive, revocable, non-transferable licence to use the software on our server to access and collect information from the websites of third party providers as permitted by use of our service.

(d) Using our service allows you to access software on our server which you are licensed to use, to obtain information held on our site or from the websites of third party providers. You acknowledge and agree that when you access and collect information from the third party sites using our software, you do so on your own behalf and that you have not appointed us to act as your agent. We simply make our service and software available to you, by which you may access collated information from third party sites.

(e) You may only use the service for lawful purposes, and in particular, you may not use the service in breach of copyright or other intellectual property rights, or to transmit defamatory, offensive or abusive material.

(f) We may provide new or additional services through the site from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Those terms shall be notified to you on the site and any failure by you to you comply with them will amount to a breach of this agreement. By continuing to use our site you are deemed to accept such additional terms.

5. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions.

6. Limitations and exclusions of liability

(a) Nothing in these terms and conditions will: (i) limit or exclude our or your liability for death or personal injury resulting from negligence;

(b) The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions: (i) are subject to the preceding paragraph; and (ii) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

(c) We will not be liable for any loss or damage of any nature arising out of or in connection with the website or your use of the website.

(d) We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

(e) We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

(f) We will not be liable to you in respect of any loss or corruption of any data, database or software.

(g) We will not be liable to you in respect of any special, indirect or consequential loss or damage.

(h) You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions.

(i) We do not give any guarantee that access to the website or its content will be free from errors and uninterrupted. Nor do we give any guarantee that the website or its content will be free from viruses or anything else that may be considered harmful. It is your responsibility to put the necessary safeguards in place to protect yourself and your technology.

7. Links and merchants

(a) The website contains information about and links to other third party websites. We are not in any way responsible for the information displayed on, the privacy policies of, or the practices upheld by said third parties. Nor are we in any way responsible for the products or services they offer.

(b) Any arrangements between you and any third party contacted via the website are at your sole risk. We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on this website.

(c) Some of the links to third party websites included on our website are affiliate links. This means that we may receive commission or a fee if you click on a link that takes you through to a third party website or if you purchase a product from a third party website.

8. Payments to third parties

(a) Should you use the website to find a financial product and go on to apply for said product; any payment made will be to the relevant third party. We are not in any way involved with any such transaction or the processing of any such transaction.

9. Breaches of these terms and conditions

(a) Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: (i) send you one or more formal warnings; (ii) temporarily suspend your access to the website; (iii) permanently prohibit you from accessing the website; (iv) block computers using your IP address from accessing the website; (v) contact your internet services provider and request that they block your access to the website; (vi) bring court proceedings against you for breach of contract or otherwise; (vii) suspend and/or delete your account with the website; and/or (viii) delete and/or edit any or all of your content.

(b) Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

10. Trade marks

(a) Forexguru.co.nz and our logos are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

(b) The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

11. Amendments

(a) From time to time we may update our terms and conditions by posting a revised version on our website. We recommend that you check the terms and conditions on the website occasionally to ensure that you are informed of, and happy with, any amendments. Continued use of the website after the terms and conditions have been revised will constitute your acceptance of the revised terms and conditions.

12. Severability

(a) If any provision detailed in these terms and conditions is deemed unlawful, invalid or unenforceable that provision will be deemed severed from the remainder and the validity and enforceability of the remaining provisions will not be affected.

13. Assignment

(a) You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your specific consent.

(b) You must not assign, transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

14. Third party rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

15. Governing law and jurisdiction

(a) These terms and conditions are governed by English law.

(b) Any disputes under or relating to these terms and conditions and/or the website will be subject to the exclusive jurisdiction of the English courts.