1. About these Terms
These Terms and Conditions (Terms) govern the use of the Services supplied by Briana Global Limited, company number 9362687, NZBN 9429053039798, of 3 Garland Drive, Saint Andrews, Hamilton 3200, New Zealand (Briana Global, we, us or our).
Briana Global is registered on the New Zealand Financial Service Providers Register (FSPR) under FSP1010808. The FSPR record, verified on 9 September 2026, lists the following registered financial services: changing foreign currency, issuing or managing means of payment, and operating a money or value transfer service.
Important regulatory information: FSPR registration is not a licence and is not a government or regulator endorsement of Briana Global, its financial standing, or the quality of its Services. New Zealand has no specific general licence for e-money or payment service providers. Other legal or regulatory requirements may apply depending on the relevant business model and transaction.
These Terms apply to the transaction-based deliverable spot foreign exchange and remittance services that Briana Global makes available to you through its designated website, application, portal or other approved channel (Platform). A service, feature, currency, payment method, destination, payment instrument or transaction type is available only if it is made available through the Platform and is confirmed for the relevant Transaction. Nothing in these Terms requires Briana Global to make any particular product or feature available.
These Terms do not create a right to a deposit account, a continuing stored-value balance, a payment card, or another payment instrument. If Briana Global makes a means of payment available in connection with a Transaction, its availability and applicable conditions will be stated on the Platform or in the relevant Transaction Confirmation.
2. Definitions and interpretation
In these Terms, unless the context requires otherwise:
Account means a customer profile or access record on the Platform, if Briana Global makes one available. An Account is not a deposit account and does not itself evidence a stored-value balance.
AML/CFT Laws means the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 and associated regulations, orders, directions and other legal requirements that apply to a Transaction or the Services.
Business Day means a day other than a Saturday, Sunday or public holiday in New Zealand. A destination country, correspondent, payment-system or funding-provider holiday may affect a Transaction even if it is a Business Day in New Zealand.
Business Customer means a Customer using the Services wholly or principally for purposes of a business or trade.
Customer, you and your mean an individual, company, partnership, trust or other person that applies for, accesses or uses the Services. Where the Customer is not an individual, it includes each person acting for it to the extent relevant.
Customer Funds means money received by Briana Global in connection with a proposed or confirmed Transaction. It does not include an interest-bearing deposit account or a general-purpose account balance.
Destination Currency means the currency to be paid or made available to the Recipient under a Transaction.
Funding Amount means the amount, in the currency and by the method specified in the applicable Quote or Transaction Confirmation, that you must provide for a Transaction.
Order means your instruction, submitted through an approved channel, asking Briana Global to enter into and carry out a Transaction.
Quote means the transaction-specific exchange rate, Funding Amount, any fee charged by Briana Global, rate validity period and other information presented to you before you submit an Order. A Quote may be conditional and may expire.
Recipient means the person or entity identified by you as the intended recipient of a remittance or payment.
Sanctions Laws means applicable New Zealand and other sanctions, embargoes, restrictive measures and related legal requirements that Briana Global is required to observe in relation to the Services or a Transaction.
Services means the transaction-based deliverable spot foreign exchange and remittance services described in clause 5 and made available under these Terms.
Transaction means a specific spot foreign exchange and/or money-transfer instruction that Briana Global has accepted and confirmed under clause 8.
Transaction Confirmation means our electronic confirmation that identifies an accepted Transaction and its material terms, including the reference number, currencies, amount, applicable exchange rate, relevant charges stated by us, and other information we provide for that Transaction.
Headings are for convenience only and do not affect interpretation. References to law include amendments, replacements and subordinate legislation. A reference to writing includes electronic communications where permitted by law.
3. Contract documents and order of priority
The following documents may apply to the Services, provided that they are made available to you through the Platform or before you accept the relevant Terms or Transaction:
a written agreement signed by Briana Global and you that expressly applies to the relevant Service or Transaction;
the Transaction Confirmation;
the accepted Quote, but only as to the exchange rate, Funding Amount, fees and other transaction-specific commercial terms it states;
these Terms;
the current Fees and FX Pricing Disclosure;
the current Risk Disclosure Statement;
the current AML/CFT and Customer Due Diligence Notice;
the current Sanctions and Restricted Activity Policy;
the current Privacy Policy;
the current Cookie Policy, where relevant to the Platform; and
the current Complaints Policy.
This list is the document hierarchy for the Services. If there is an inconsistency, the document higher in the list prevails only to the extent of the inconsistency. A Transaction Confirmation or accepted Quote does not override a mandatory legal requirement. The Privacy Policy governs the handling of personal information to the extent it is more specific than these Terms. Nothing in a policy expands the Services or changes an accepted Transaction unless it expressly says so.
4. Acceptance of these Terms
You accept these Terms when you complete an acceptance step that Briana Global identifies on the Platform, submit an Order, or otherwise instruct us to provide Services after these Terms have been made available to you. If you act for a company, trust, partnership or other entity, you confirm that you have authority to bind that entity.
You must not use the Services if you do not agree to these Terms. Your acceptance of these Terms does not oblige Briana Global to accept an application, provide an Account, issue a Quote, or accept an Order.
Each accepted Transaction is also subject to the Quote and Transaction Confirmation for that Transaction. A change to these Terms will not retrospectively change the price, exchange rate, funding requirement or other commercial term of a Transaction that Briana Global has already confirmed, except where a change is required by law or is necessary to address fraud, security, AML/CFT Laws or Sanctions Laws.
5. Nature and scope of the Services
Subject to these Terms, the Platform and the relevant Transaction Confirmation, Briana Global may provide one or both of the following Services:
a deliverable spot foreign exchange transaction, under which one currency is exchanged for another at an exchange rate accepted for a particular Transaction; and
a remittance or money-transfer service, under which money is transmitted or made available to a Recipient using a payment route available for that Transaction.
A Transaction may involve both services. A currency conversion is not an investment product, and the Services are intended for payment and remittance purposes rather than speculation.
Briana Global is a payment and remittance service provider. We are not a broker and do not offer, arrange, recommend, deal in or provide access to contracts for difference (CFDs), derivatives, securities, investment advice, lending, credit, deposit accounts, cryptocurrency, digital assets, or cryptocurrency-related services. We do not provide legal, tax, accounting, financial, investment or other professional advice. You are responsible for deciding whether a Transaction is suitable for your circumstances and, where appropriate, obtaining independent advice.
We may use banks, payment providers, correspondent institutions, payout providers, funding providers or other third parties in connection with a Transaction. The roles, availability and requirements of those parties may vary by payment route, currency and destination. We remain responsible for our own obligations under these Terms and for obligations that cannot lawfully be excluded or limited.
6. Eligibility and authority
To use the Services, you must:
be at least 18 years old and have legal capacity to enter into a binding agreement;
use the Services only where doing so is lawful for you and for the proposed Transaction;
provide complete, accurate and current information and promptly notify us of material changes to it;
be entitled to give the Order and provide the Customer Funds;
not use the Services in breach of AML/CFT Laws, Sanctions Laws, tax laws or other applicable law; and
comply with reasonable Platform, verification, funding and security requirements notified to you.
If you are a Business Customer or act for another person, you confirm that you have all approvals, authorities and consents needed to bind that entity or person, give Orders and provide information to Briana Global. We may ask for evidence of authority, ownership, control, beneficial ownership, source of funds, source of wealth, purpose of a Transaction, or other information relevant to the Services.
Briana Global may decide whether a Customer, payment route, currency, funding method or Transaction is available. We may impose reasonable transaction limits or other conditions where appropriate to the Service, applicable law, risk, operational requirements or a third-party provider. Availability is not guaranteed and may change.
7. Customer due diligence, AML/CFT and sanctions
Briana Global may need to obtain, verify, retain, use and disclose information and documents about you, persons acting for you, beneficial owners, Recipients, funding sources and Transactions to comply with AML/CFT Laws, Sanctions Laws, other legal obligations and our risk-management requirements. This may include identity information, contact details, transaction information and information about the source and purpose of funds.
You must provide information and documents that we reasonably request and must not provide false, misleading, incomplete or altered information. You must promptly tell us if information that you have provided becomes inaccurate or incomplete.
We may delay, refuse, decline, suspend, cancel, restrict or otherwise take action in relation to an application, Account, Order, Transaction or Customer Funds where we reasonably consider that this is required or appropriate to comply with law, a regulatory requirement, a court order, a third-party provider requirement, or to address suspected fraud, financial crime, sanctions exposure or a material breach of these Terms. We may be legally restricted from giving you information about the reason for an action or from discussing a matter in detail.
If a Transaction does not proceed, we will deal with Customer Funds in accordance with clause 13, subject to legal restrictions and the circumstances of the Transaction. Nothing in these Terms requires Briana Global to take an action that would breach AML/CFT Laws, Sanctions Laws or another legal requirement.
8. Quotes, Orders and formation of Transactions
8.1 Quotes
A Quote is available only for the period, amount, currencies, payment route and conditions shown with it. It may be withdrawn, corrected or expire before it is accepted. A Quote is not a commitment to process an Order unless and until Briana Global accepts the Order under clause 8.3.
The Quote will state the exchange rate and any fee that Briana Global charges for the Transaction, to the extent applicable. It may also state an estimated Recipient amount, rate-validity period, funding instructions, transaction limit, payment route and other conditions. An estimate is not a guarantee of a delivery time or an amount that will remain available after any deduction, return or change outside our reasonable control.
8.2 Your Order
When you submit an Order, you ask Briana Global to enter into a Transaction on the quoted terms. You must check the Quote, Recipient details, Funding Amount, currencies and all other information before submitting an Order. You authorise us to rely on the Order and information provided through an approved channel unless and until you tell us that the instruction may be unauthorised or incorrect.
An Order may be subject to receipt of the full Funding Amount as cleared funds, satisfactory verification, availability of the relevant route and currency, and any other conditions shown in the Quote or Platform. You must not assume that sending Customer Funds alone means that we have accepted an Order.
8.3 Acceptance and Transaction Confirmation
Your affirmative acceptance of a valid Quote and submission of the related instruction constitutes an Order. It authorises Briana Global to assess the Order and, if we accept it, to process the resulting Transaction. A binding Transaction is formed only when Briana Global accepts the Order and issues a Transaction Confirmation. Quote acceptance, Order submission, or receipt of Customer Funds does not by itself form a binding Transaction. We may decline an Order before issuing a Transaction Confirmation. We do not have to state a reason for a declined Order where doing so would be inappropriate, commercially sensitive or prohibited by law.
If we receive Customer Funds but do not issue a Transaction Confirmation, the treatment of those funds is governed by clause 13. If we cannot accept an Order at the quoted rate because the rate has expired, funding is incomplete, information is incorrect, or a condition is not met, we may ask you to accept a new Quote or arrange a return of funds in accordance with clause 13.
8.4 Errors and obvious mistakes
If a Quote, Order or Transaction Confirmation contains an obvious clerical, technical, pricing or calculation error, Briana Global may correct the error. If the correction is material, we will tell you as soon as reasonably practicable and, where the Transaction has not been executed, give you the opportunity to cancel it without an additional Briana Global cancellation charge. This clause does not limit your rights where an error is caused by our breach of these Terms or where law provides another remedy.
9. Funding and Customer Funds
You must provide the Funding Amount by the funding method, from the source and within the period specified by us for the Transaction. We may require funding from an account or source in your name or from a source that we have approved for the Transaction. We may refuse, delay or return funding that does not meet our requirements or applicable law.
A Transaction may be delayed or may not proceed if the Funding Amount is not received as cleared funds, is incomplete, is received late, is reversed, is subject to a chargeback or recall, or cannot be matched to your Order. If you overpay or underpay, we may ask you to make up the shortfall, obtain instructions from you, apply the amount only where we agree in writing, or return the amount under clause 13.
You must not send more Customer Funds than we request for a Transaction unless we have agreed otherwise. You must not fund a Transaction with money derived from unlawful activity or money that you are not entitled to use.
Customer Funds are provided for the particular Transaction and are not a general-purpose balance, a deposit account or a loan to Briana Global. Unless a Transaction Confirmation expressly states otherwise, no interest is payable to you on Customer Funds.
Briana Global will manage Customer Funds in connection with a Transaction in accordance with applicable law, these Terms and the relevant Transaction Confirmation. The funds-flow arrangements, payment route and third parties involved may differ between Transactions. These Terms do not represent that Customer Funds are held in a particular account type, under a particular trust or safeguarding arrangement, or with a particular bank or provider.
Depositor Compensation Scheme
Briana Global is not a bank or licensed deposit taker and does not offer deposit accounts under these Terms. The New Zealand Depositor Compensation Scheme (DCS) does not apply merely because money is paid to, held by, or connected with a non-bank payment or remittance provider. Whether, and to what extent, money connected with a Transaction may be covered by the DCS depends on the precise arrangement, the account holder, the status of any relevant deposit taker, and the law at the relevant time. Briana Global does not represent that any Customer Funds are DCS-protected.
10. Execution, recipient details and delivery estimates
After a Transaction is confirmed, we will seek to execute it in accordance with the Transaction Confirmation and the applicable payment route. Execution may include exchanging currency, submitting a payment instruction to a third party, or making funds available through an available payout method.
You are responsible for ensuring that each Recipient's name, account number, payment identifier, location, contact information, currency and other details are accurate and complete. Payment systems may route a payment by account number or other identifier even if the name does not match. Unless we expressly state otherwise for a particular Transaction, we do not promise that Recipient details will be validated, matched or checked against an account holder's name.
You must take particular care if a Recipient's payment instructions have changed, including after an email, message or telephone request. You should independently verify changed instructions using a trusted contact method before you submit an Order.
We may perform checks or request additional information about a Recipient, but we do not guarantee that a check will identify every error, scam, fraud, sanctions issue or other concern. You remain responsible for your decision to send money to a Recipient.
Any cut-off time, delivery window or payment date shown on the Platform or in a Transaction Confirmation is an estimate unless we expressly agree otherwise in writing. Actual execution and delivery may be affected by payment-system cut-offs, Business Days and holidays, the availability and processes of third parties, compliance checks, funding, currency availability, Recipient details and events outside our reasonable control. We do not guarantee delivery by an estimated time, but this does not exclude our responsibility for our own failure to exercise reasonable care and skill where that responsibility cannot lawfully be excluded.
A Transaction is treated as executed when Briana Global has taken the execution step described in the Transaction Confirmation or, if none is described, when we submit the payment instruction or make the converted funds available to the relevant payment route. A Transaction may be completed only when the payment route reports completion or the Recipient receives or is able to collect the funds, as applicable. The point at which a Transaction can no longer be cancelled may occur before it is completed.
11. Holds, declines and transaction reviews
Briana Global may place a hold on an Order, Transaction or Customer Funds, or decline a Transaction, where this is reasonably necessary or appropriate under clause 7, clause 9, these Terms, the Transaction Confirmation, applicable law or a reasonable operational requirement. We may also pause a Transaction while we seek to clarify Recipient details, funding, transaction purpose or other material information.
Where lawful and appropriate, we will tell you that a Transaction has been held, delayed, declined or restricted and may request further information. The information we can provide may be limited by law, security, fraud-prevention or other legitimate considerations.
A hold may continue for the period reasonably required to address the relevant matter. If it becomes possible to do so and a Transaction will not proceed, we will take the steps described in clause 13. A hold or decline does not of itself mean that Briana Global has made a finding about you, a Recipient or a Transaction.
12. Cancellation, recall and changes to Orders
You must contact us promptly at support@brianaglobal.com if you want to cancel an Order or Transaction, or if you believe that an Order or Transaction is incorrect or unauthorised. A cancellation request is not effective until Briana Global acknowledges it.
You may ask us to cancel an Order before it is executed. We will consider the request and confirm whether cancellation is possible. Once a Transaction has been executed, cancellation may no longer be possible. If a payment instruction has been sent, we may, at your request, seek a recall or recovery through the relevant payment route where this is available. A recall or recovery is not guaranteed and may depend on the Recipient, receiving institution, intermediary or other third party.
We may charge a cancellation, recall, return or recovery fee only if the fee, or the basis on which it is calculated, was disclosed to you before you asked us to proceed with the relevant action, unless a charge is imposed by law. A third party may apply a charge or deduction in connection with a recall, return or recovery. The amount and outcome may not be known in advance.
We will use reasonable efforts to assist with a cancellation, recall or recovery request where appropriate, but we are not responsible for a loss caused by a Recipient, payment system or third party refusing, delaying or being unable to return funds, except to the extent the loss results from our breach of these Terms, negligence, or a responsibility that cannot lawfully be excluded.
This clause does not limit any cancellation, refund, compensation or other remedy you may have under applicable law, including where a Service is not supplied with the care and skill required by law, or where Briana Global has made a material misrepresentation or committed a material breach.
13. Returned payments and refunds
A payment may be rejected, returned or unable to be completed because of incorrect Recipient details, a closed or restricted Recipient account, legal or compliance requirements, payment-route rules, a third-party process, a lack of available funds, or another reason. If funds are returned to us, we may contact you for instructions and information necessary to return or re-send the funds lawfully and securely.
If a Transaction is cancelled before execution, declined, cannot proceed, or funds are returned, Briana Global will, when lawful and reasonably practicable, return the amount we hold for you by the original funding method or another reasonably secure method agreed with you. We may delay a return while verification, fraud prevention, legal restrictions, payment-provider requirements or another reasonable issue remains unresolved.
The amount returned may differ from the original Funding Amount if the Transaction has been converted, transmitted, recalled or returned after execution. Differences can result from an exchange-rate movement, a rate agreed for the return, disclosed Briana Global fees, fees or deductions of third parties, or another transaction-specific factor. We will provide information that is reasonably available to us about material deductions or adjustments affecting a return.
If the failed, rejected or returned Transaction resulted from our breach, error or failure to provide the Services with the care and skill required by law, this clause does not limit your legal rights or the remedies that may be available to you. Briana Global will not forfeit Customer Funds merely because an Order, Transaction or Account is suspended, closed, declined or not completed.
14. Fees, exchange rates and taxes
Briana Global may earn revenue through an exchange-rate margin, a transaction fee, or another charge disclosed in the Quote, Transaction Confirmation or Fees and FX Pricing Disclosure. Before you submit an Order, the relevant Quote will state the exchange rate and the fees or charges that Briana Global states apply to that Transaction. You should review the Quote carefully before submitting an Order.
Exchange rates may change frequently. The rate that applies to a Transaction is the rate stated in the Transaction Confirmation, subject to clause 8.4 and any condition expressly stated in the Quote. A rate does not remain available after its validity period expires unless we agree otherwise.
Banks, correspondent institutions, payment providers, receiving institutions or other third parties may apply their own charges or deductions to a Transaction, including from the amount received by a Recipient. Such charges may vary and may not be known to Briana Global before the Transaction is submitted. Where a Quote or Transaction Confirmation identifies a charge or deduction, it applies as stated. We do not represent that the Recipient will receive a particular net amount unless the Transaction Confirmation expressly states that amount as guaranteed by us.
You are responsible for taxes, duties and governmental charges that apply to you or your Transaction, unless applicable law requires otherwise. We do not provide tax advice.
15. Scams, fraud and unauthorised activity
You must use reasonable care to protect your Platform credentials, passwords, authentication devices, email account, mobile number and other access information. Do not share credentials, one-time codes or security information with another person. Do not allow another person to access your Account unless we have expressly approved that access.
You must notify Briana Global promptly at support@brianaglobal.com if you suspect unauthorised access, a lost or compromised device, a scam, a fraudulent instruction, a change to Recipient details that may be fraudulent, or an unauthorised Transaction. You should also promptly contact the bank or payment provider used to fund the Transaction where relevant.
We may ask you for information and may take reasonable steps to investigate, secure access, pause a Transaction or seek recovery where appropriate. Prompt notice can improve the prospect of stopping or recalling a payment, but we cannot guarantee that a payment will be stopped, recovered or reversed.
You are responsible for loss caused by your fraud, deliberate misconduct, or material breach of your security obligations. You are not responsible under this clause for loss to the extent it is caused by Briana Global' negligence, fraud, wilful misconduct, failure to comply with these Terms, or a right or remedy that cannot lawfully be excluded or limited.
16. Prohibited use
You must not use, attempt to use, or allow another person to use the Services to:
commit, facilitate, conceal or benefit from fraud, money laundering, terrorism financing, tax evasion, deception or other unlawful activity;
breach or attempt to evade AML/CFT Laws, Sanctions Laws, a court order or other applicable law;
provide false, misleading, incomplete or altered information, or impersonate another person;
send money on behalf of another person without appropriate authority and required verification;
fund, buy, sell, trade, exchange, transfer or settle cryptocurrency, digital assets or cryptocurrency-related activity through the Services;
use the Services for CFDs, derivatives, securities, investments, lending, credit or deposit-taking activity;
interfere with the Platform, bypass a control, introduce malicious code, or use the Services in a way that may harm Briana Global, another customer or a third party; or
use the Services in a destination, for a purpose or with a person that is restricted by applicable law or that Briana Global has notified is unavailable.
We may take the actions described in clause 7, clause 11 and clause 20 if we reasonably consider that prohibited use has occurred or may occur. We will not forfeit Customer Funds under these Terms.
17. Privacy and information
Briana Global handles personal information in accordance with its Privacy Policy, the Privacy Act 2020 and other applicable law. The Privacy Policy explains the purposes for which we collect, use and disclose information, the consequences of not providing requested information, and how you can seek access to or correction of your personal information.
You acknowledge that information about you, a Recipient, a Transaction and Customer Funds may need to be provided to banks, payment providers, correspondents, service providers, regulators, law-enforcement agencies or other recipients where permitted or required by law, or where necessary to provide the Services. Information may be disclosed outside New Zealand only in accordance with applicable law and the Privacy Policy.
For privacy enquiries or a request to access or correct personal information, contact support@brianaglobal.com. For questions about AML/CFT or compliance matters, contact compliance@brianaglobal.com. These contact routes do not require Briana Global to disclose information where disclosure is restricted by law.
18. Suspension, restriction and closure
Briana Global may suspend, restrict or close an Account, access to the Platform, an Order or a Transaction where permitted by these Terms or reasonably necessary to comply with law, protect the Services or a Customer, address fraud or security, manage a material risk, respond to a third-party-provider requirement, or deal with a material breach of these Terms.
Where lawful and appropriate, we will give you notice of the action and information about what you may need to do. We may be unable to give advance notice or a full explanation in some circumstances.
You may ask to close an Account by contacting support@brianaglobal.com. Closure does not cancel a confirmed Transaction or remove obligations that arose before closure. Briana Global will deal with any Customer Funds held in connection with an uncompleted Transaction under clause 13, subject to law and reasonable verification or security requirements.
We may retain records and information for the period required or permitted by applicable law, including AML/CFT Laws, and otherwise in accordance with the Privacy Policy. Closing an Account does not remove your right to make a complaint or exercise a statutory right.
19. Complaints and external dispute resolution
If you are dissatisfied with the Services, please contact us first so that we can consider your complaint. You may submit a complaint to complaints@brianaglobal.com. Please include your name, contact details, Transaction reference if applicable, a description of the issue and the outcome you seek. We will handle complaints in accordance with our Complaints Policy and applicable requirements.
Briana Global is a member of Financial Services Complaints Limited (FSCL) – a Financial Ombudsman Service, membership number 9518, effective 13 November 2025. If we do not resolve your complaint to your satisfaction, or if you are otherwise eligible under FSCL's rules, you may refer it to FSCL. FSCL's dispute-resolution service is independent and free for consumers.
FSCL contact
Details
Telephone in New Zealand
0800 347 257
Telephone from overseas
+64 4 472 3725
complaints@fscl.org.nz
Postal address
PO Box 5967, Wellington 6140, New Zealand
Website
fscl.org.nz
This clause does not limit your rights to approach the Privacy Commissioner, a regulator, a court, tribunal or another body where you have a right to do so.
20. Liability and statutory rights
Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified. This includes rights and remedies available to consumers under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, to the extent those Acts apply. Nothing in these Terms excludes or limits Briana Global' liability for fraud, wilful misconduct, negligence, breach of privacy law, unauthorised activity resulting from Briana Global' failure to take reasonable care, mishandling of Customer Funds, or another liability that cannot lawfully be excluded or limited.
Subject to the preceding paragraph and to the maximum extent permitted by law, Briana Global is not liable for indirect or consequential loss, loss of profit, loss of opportunity, loss of anticipated savings, or loss arising solely from an event beyond our reasonable control. This exclusion does not apply to the extent that it would be unlawful or inconsistent with a right or remedy that applies to you.
Where you are a Business Customer and have separately agreed in writing, in a manner permitted by law, to contract out of the Consumer Guarantees Act 1993 or another consumer-protection law, Briana Global' aggregate liability for direct loss arising from a particular Transaction is limited to the amount you paid to Briana Global for that Transaction. This limit does not apply to the matters listed in the first paragraph of this clause, and does not apply unless the separate written agreement is effective at law.
Briana Global does not promise that the Platform or Services will always be available, uninterrupted, error-free, suitable for every purpose or free from all security risks. We will provide the Services with the care and skill required by applicable law.
21. Indemnity
This clause applies only to a Business Customer and only to the maximum extent permitted by law. You must reimburse Briana Global for direct, reasonable and properly incurred third-party losses, liabilities and costs that arise from a claim caused by your fraud, unlawful use of the Services, or material breach of these Terms.
You are not required to indemnify Briana Global to the extent that the relevant loss, liability or cost was caused by Briana Global' negligence, fraud, wilful misconduct, breach of these Terms or breach of law. We will take reasonable steps to mitigate a loss, give you reasonable notice of a claim where practicable, and allow you a reasonable opportunity to participate in the defence of the claim. This clause does not limit any consumer right or remedy that cannot lawfully be excluded.
22. Force majeure
Briana Global is not responsible for a delay or failure to perform an obligation to the extent it is caused by an event beyond our reasonable control, including a natural disaster, war, civil disturbance, epidemic, power or telecommunications failure, payment-system disruption, cyber incident, government action or failure of a third-party service required for the Transaction.
This clause does not excuse Briana Global from taking reasonable steps to mitigate the effect of the event, communicating with you when lawful and reasonably practicable, or dealing with Customer Funds in accordance with clause 13 when a Transaction cannot proceed. It does not exclude a liability that cannot lawfully be excluded.
23. Communications and records
You agree that Briana Global may communicate with you electronically through the Platform, your registered email address, SMS or another approved contact method. You must keep your contact details current and check communications relating to an Order or Transaction promptly.
We may rely on an instruction, notice or information submitted through your Account, verified email address or another approved channel unless we have actual notice that it is unauthorised, incorrect or compromised. This does not remove our obligation to act with reasonable care and skill.
You may request information about an Order or Transaction by contacting support@brianaglobal.com. Records may be provided subject to applicable law, reasonable identity verification, confidentiality obligations and the Privacy Policy.
24. Changes to these Terms
Briana Global may change these Terms where reasonably necessary to reflect a change in law, regulation, security, fraud risk, the Services, technology, payment routes, operational processes or another legitimate business reason.
For a material change that may adversely affect you, we will give at least 30 days' advance notice through the Platform, email or another durable communication method, unless a shorter period is reasonably necessary to comply with law, address an immediate security or fraud risk, protect customers, or respond to an urgent operational requirement. We may make a non-material correction, clarification or formatting change without advance notice.
A change applies from the stated effective date and applies prospectively. If you do not agree with a material change, you may stop using the Services and ask us to close your Account, subject to any confirmed Transaction and clause 18. Continued use after a change takes effect will apply only to future use of the Services and does not alter an already confirmed Transaction except as stated in clause 4.
The current version of these Terms will be made available through the Platform. Earlier versions may be requested from support@brianaglobal.com where reasonably available.
25. Intellectual property
Briana Global and its licensors own the intellectual-property rights in the Platform, Services, content, branding, software, designs and materials made available by us, excluding your personal information and records that you are entitled to access under law.
We grant you a limited, personal, non-transferable, revocable right to use the Platform solely to access the Services in accordance with these Terms. You must not copy, modify, reverse engineer, distribute, sell, license or exploit the Platform or our materials except as permitted by law or with our prior written consent. You may keep Transaction Confirmations and other records for your own lawful purposes.
26. Assignment
You must not assign, transfer or deal with your rights or obligations under these Terms or a Transaction without Briana Global' prior written consent, except where applicable law permits otherwise.
Briana Global may assign or transfer its rights and obligations under these Terms as part of a restructuring, merger, sale of business or assets, or another legitimate business arrangement, provided that the assignee agrees to perform the obligations it assumes. We will give you notice where reasonably practicable. An assignment does not remove rights or remedies that you have under applicable law.
27. General legal provisions
If any provision of these Terms is illegal, invalid or unenforceable, that provision will be read down to the minimum extent necessary or, if that is not possible, severed. The remaining provisions will continue in effect.
A failure or delay by Briana Global to exercise a right is not a waiver of that right. A waiver is effective only if it is in writing and applies only to the particular circumstance for which it is given.
These Terms, the documents identified in clause 3 and the relevant Transaction Confirmation form the entire agreement between you and Briana Global regarding the Services and the relevant Transaction. They do not exclude liability for fraud, a remedy that cannot lawfully be excluded, or a representation expressly included in a Transaction Confirmation or another written agreement between us.
You may have rights under the Contract and Commercial Law Act 2017 and other legislation. These Terms do not exclude those rights to the extent they cannot lawfully be excluded or modified.
28. Governing law and jurisdiction
These Terms and each Transaction are governed by the laws of New Zealand. The courts of New Zealand have non-exclusive jurisdiction over disputes arising from or connected with these Terms or the Services.
This clause does not restrict a right you may have to use FSCL, a statutory dispute-resolution process, a regulator, the Privacy Commissioner, a tribunal or another forum that is available to you under applicable law.
29. Contact details
Purpose
Contact
General support, Orders, cancellations, suspected unauthorised activity and Transaction enquiries
support@brianaglobal.com
Complaints
complaints@brianaglobal.com
Privacy enquiries and access or correction requests
support@brianaglobal.com
Compliance enquiries
compliance@brianaglobal.com
Registered office
Briana Global Limited, 3 Garland Drive, Saint Andrews, Hamilton 3200, New Zealand
Version 1.0 | Effective 9 September 2026