TERMS AND CONDITIONS
These Terms and Conditions are issued by the operator of this website, a registered remittance service provider (referred to as "we", "us", "our", or the "Company").
Version: 1.0
1. INTRODUCTION AND ACCEPTANCE
1.1 These Terms and Conditions ("Terms") govern your access to and use of our website (the "Website"), our money transfer, remittance and foreign currency exchange services (the "Services"), and any related applications, tools or platforms operated by us.
1.2 By ticking the acceptance checkbox, submitting a Transaction Request, or otherwise using our Services, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.
1.3 If you do not agree to these Terms, you must not use the Services.
1.4 We may amend these Terms from time to time in accordance with clause 22. The version of the Terms in force at the time you submit a Transaction Request applies to that transaction.
2. DEFINITIONS
In these Terms, unless the context requires otherwise:
"AML/CTF Laws" means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), the Anti-Money Laundering and Counter-Terrorism Financing Rules, and all related regulations, guidance and instruments, each as amended from time to time;
"AUSTRAC" means the Australian Transaction Reports and Analysis Centre;
"Beneficiary" means the person or entity nominated by you to receive the Payout Amount;
"Business Day" means a day other than a Saturday, Sunday or public holiday in Melbourne, Victoria, Australia;
"Exchange Rate" means the rate of exchange quoted by us for the conversion of the Send Currency into the Payout Currency for a particular Transaction;
"Fees" means the fees and charges payable by you for a Transaction as disclosed to you prior to confirmation;
"KYC Information" means all identification, verification, source of funds, source of wealth and other information and documentation we request from you under clause 6;
"Payout Amount" means the amount to be delivered to the Beneficiary in the Payout Currency;
"Payout Currency" means the currency in which the Payout Amount is to be delivered;
"Send Amount" means the amount you must pay to us in the Send Currency, inclusive of Fees unless otherwise stated;
"Sanctions" means any economic or trade sanctions, restrictive measures or export controls administered or enforced by Australia (including under the Autonomous Sanctions Act 2011 (Cth) and Charter of the United Nations Act 1945 (Cth)), the United Nations Security Council, the United States (including OFAC), the European Union, the United Kingdom, Hong Kong, or any other relevant authority;
"Transaction" means a money transfer, remittance or foreign exchange transaction executed by us pursuant to a confirmed Transaction Request;
"Transaction Request" means your instruction to us to execute a Transaction, submitted via the Website or other channel approved by us;
"you" or "Customer" means the individual or entity using the Services.
3. ELIGIBILITY
3.1 To use the Services, you must:
(a) be at least 18 years of age;
(b) have full legal capacity to enter into binding contracts;
(c) be acting on your own behalf as principal, or have disclosed to us in writing that you act on behalf of another person and provided all information we require about that person;
(d) not be located in, ordinarily resident in, or a national of, any country or territory subject to comprehensive Sanctions; and
(e) successfully complete our customer identification and verification procedures.
3.2 We may refuse to provide the Services to any person at our absolute discretion, without giving reasons, to the extent permitted by law.
4. NATURE OF THE SERVICES
4.1 We provide remittance and foreign currency exchange services. We are not a bank and do not provide banking, deposit-taking, lending, investment, or financial advisory services.
4.2 Nothing on the Website or communicated by us constitutes financial product advice, investment advice, taxation advice or legal advice. Exchange rate information, market commentary or currency outlooks (if any) are general information only and must not be relied upon in making financial decisions. You should obtain independent professional advice appropriate to your circumstances.
4.3 We act as a service provider executing your instructions. We do not owe you fiduciary duties, and we do not monitor whether a Transaction is suitable or advantageous for you.
5. ACCOUNT REGISTRATION AND SECURITY
5.1 You must provide true, accurate, current and complete information during registration and keep it updated at all times.
5.2 You are responsible for maintaining the confidentiality of your account credentials. All activity occurring under your account is deemed to have been authorised by you, except to the extent caused by our fraud or negligence.
5.3 You must notify us immediately through our published contact channels if you suspect any unauthorised access to or use of your account.
5.4 We may suspend or terminate your account where we reasonably suspect unauthorised use, fraud, breach of these Terms, or where required by law.
6. CUSTOMER IDENTIFICATION, VERIFICATION AND ONGOING DUE DILIGENCE
6.1 We are a reporting entity under the AML/CTF Laws and are legally required to identify and verify our customers, beneficial owners and, where applicable, Beneficiaries.
6.2 You must provide, promptly upon request, all KYC Information we require, which may include (without limitation): government-issued photographic identification; proof of residential address; source of funds documentation; source of wealth documentation; purpose of transaction documentation; information regarding the Beneficiary and your relationship with the Beneficiary; and, for entities, constitutional documents, registers, ownership structure charts and beneficial owner identification.
6.3 You authorise us to:
(a) verify your identity and the information you provide using third-party verification services, credit reporting bodies (for verification purposes only), government databases (including the Document Verification Service), and other lawful sources;
(b) conduct screening against Sanctions lists, politically exposed persons ("PEP") databases, and adverse media sources, on an initial and ongoing basis; and
(c) retain records of all KYC Information and Transactions for a minimum of seven (7) years as required by law.
6.4 We may at any time, including after a Transaction Request has been confirmed, require additional KYC Information. Until such information is provided to our satisfaction, we may delay, suspend or decline the Transaction without liability.
6.5 If you fail to provide requested KYC Information, provide false or misleading information, or if we are unable to verify your identity, we may decline or reverse Transactions, suspend or close your account, and make any reports required by law.
7. TRANSACTION REQUESTS, QUOTES AND CONFIRMATION
7.1 A quote (including the Exchange Rate and Fees) displayed prior to confirmation is indicative until you confirm the Transaction Request and we accept it. A quote may be withdrawn or revised at any time before acceptance.
7.2 A binding contract for a Transaction is formed only when we issue a written confirmation (including by email or on-screen confirmation with a transaction reference number). We may decline any Transaction Request without giving reasons, to the extent permitted by law.
7.3 Once confirmed, the Exchange Rate is fixed for that Transaction, provided that you pay the Send Amount in cleared funds within the settlement window specified in the confirmation (the "Settlement Deadline").
7.4 If you fail to pay the Send Amount by the Settlement Deadline: (a) we may cancel the Transaction; and (b) you are liable for any loss we incur in closing out the currency position, including any adverse movement in the Exchange Rate between confirmation and cancellation, plus our reasonable administration costs.
7.5 You are solely responsible for the accuracy of all Transaction details, including Beneficiary name, account number, bank codes (BSB, SWIFT/BIC, CNAPS, routing number, bank/branch codes) and payment references. We are not obliged to verify that the account details correspond to the named Beneficiary.
8. PAYMENT BY YOU
8.1 You must pay the Send Amount by electronic transfer from a bank account held in your own name (or, for entity customers, in the name of the entity), or by another method we expressly approve in writing.
8.2 We do not accept: cash deposits (unless expressly approved and receipted at our premises in accordance with our policies); payments from third-party accounts; payments from anonymous or unverifiable sources; or cryptocurrency, unless expressly agreed in writing.
8.3 Third-party payments received without prior approval may be rejected and returned to the source account, less any costs we incur, and may result in the Transaction being cancelled under clause 7.4.
8.4 The Transaction will not be processed until we receive the full Send Amount in cleared funds.
9. EXCHANGE RATES, FEES AND CHARGES
9.1 Our Exchange Rates are set by us and include a margin above the wholesale/interbank rate. The Exchange Rate applicable to your Transaction is the rate disclosed and confirmed at the time of confirmation, not any rate published elsewhere.
9.2 Fees will be disclosed to you before you confirm a Transaction. Fees are non-refundable once the Transaction has been executed, except as required by law.
9.3 Intermediary banks, correspondent banks and the Beneficiary's bank may impose their own fees, deductions or exchange conversions which are outside our control. The amount received by the Beneficiary may be less than the Payout Amount as a result. We are not liable for such third-party charges.
9.4 You are responsible for all taxes, duties and government charges arising from your Transactions, in Australia or elsewhere. We do not provide tax advice and make no representation regarding the tax treatment of any Transaction.
10. PROCESSING TIMES AND DELIVERY
10.1 Estimated delivery times displayed on the Website are indicative only and are not guaranteed. Actual delivery times depend on factors outside our control, including destination country banking systems, intermediary banks, compliance reviews, cut-off times, weekends and public holidays in relevant jurisdictions, and regulatory requirements in the destination country.
10.2 Transactions may be delayed or blocked by our compliance processes, or by banks, payment systems or authorities in Australia or the destination country. We will not be liable for any loss arising from such delay or blocking where we have acted in accordance with law and these Terms.
10.3 Transactions to certain jurisdictions may be subject to local currency controls, declaration requirements or receiving limits (including, without limitation, individual annual foreign exchange quotas applicable in the destination country). You and the Beneficiary are solely responsible for compliance with all laws of the destination country. We are not liable if a Transaction is rejected, delayed, confiscated or penalised due to destination-country requirements.
11. CANCELLATIONS, AMENDMENTS AND REFUNDS
11.1 You may request cancellation or amendment of a Transaction only before we have executed it or committed funds. We will use reasonable endeavours to accommodate the request but cannot guarantee it.
11.2 Where a Transaction is cancelled: (a) at your request before execution — we will refund the Send Amount less our reasonable costs and any loss arising from exchange rate movement between confirmation and cancellation; (b) due to your breach, failure to pay, or failure to provide KYC Information — clause 7.4 applies; (c) due to rejection by the Beneficiary bank or destination-country systems — we will refund the returned amount converted at the prevailing rate at the time of return, less third-party charges and our reasonable costs. You bear the exchange rate risk on returned funds.
11.3 Refunds will only be made to the original source account. Refunds cannot be redirected to third parties.
11.4 Incorrect Beneficiary details supplied by you: once funds have been paid out, recovery may be impossible. We will use reasonable endeavours to assist with recall requests but make no promise of recovery, and we may charge a recall/investigation fee.
12. YOUR DECLARATIONS AND WARRANTIES
By submitting each Transaction Request, you represent, warrant and declare that:
(a) all information you have provided is true, accurate, complete and not misleading;
(b) the funds used are derived from legitimate sources and are not proceeds of crime;
(c) the Transaction is not for the purpose of money laundering, terrorism financing, tax evasion, fraud, sanctions evasion, or any unlawful purpose;
(d) you are the beneficial owner of the funds, or you have fully disclosed the identity of the beneficial owner to us;
(e) you are not acting on the instructions of any undisclosed third party;
(f) neither you, the Beneficiary, nor any beneficial owner is a person designated under any Sanctions, located in a comprehensively sanctioned territory, or owned or controlled by such a person;
(g) the Transaction complies with all applicable laws of Australia and the destination country, including any currency control or declaration requirements;
(h) you understand that providing false or misleading information to us may constitute a criminal offence under the AML/CTF Laws and the Criminal Code Act 1995 (Cth); and
(i) you will notify us immediately if any of the above ceases to be true.
These declarations are repeated on each occasion you use the Services.
13. PROHIBITED USES
13.1 You must not use the Services, directly or indirectly, for or in connection with: unlawful gambling; narcotics or controlled substances; weapons or dual-use goods without licence; human trafficking or exploitation; child exploitation material; fraud or scams (including romance, investment or impersonation scams); pyramid or Ponzi schemes; unlicensed money services or "money mule" activity; structuring transactions to avoid reporting thresholds; sanctions evasion; bribery or corruption; tax evasion; or any other unlawful activity.
13.2 You must not split, structure or sequence Transactions (whether alone or with others) for the purpose of avoiding identification, verification, reporting thresholds or destination-country currency controls. We may treat related transactions as a single transaction for compliance purposes.
13.3 If we suspect a breach of this clause, we may without notice suspend or terminate the Services, freeze pending Transactions, and report to AUSTRAC, law enforcement or other authorities. We are prohibited by law from telling you if we have made certain reports (tipping-off prohibition), and we accept no liability for any consequence of complying with our legal obligations.
14. COMPLIANCE, DELAYS AND REGULATORY ACTION
14.1 You acknowledge and agree that we may, without liability and without giving reasons where prohibited by law: (a) delay, suspend, block, decline or reverse any Transaction; (b) require additional information or documentation; (c) freeze funds pending investigation; (d) report any matter to AUSTRAC or other authorities; and (e) take any other action required or permitted by law.
15. LIABILITY
15.1 To the maximum extent permitted by law, our liability for any single Transaction is limited to the amount of that Transaction.
15.2 We are not liable for: (a) indirect, consequential or special damages; (b) losses caused by your own error (including incorrect Beneficiary details); (c) losses caused by the acts or omissions of third parties, including intermediary banks, correspondent banks, Beneficiary banks, payment networks or verification providers; (d) losses arising from events outside our reasonable control, including force majeure, regulatory action, network outages, or changes in law; or (e) any failure to execute or delay in executing a Transaction where the delay or failure is due to regulatory or compliance reasons.
15.3 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be lawfully excluded.
16. INDEMNITY
You indemnify us, our directors, officers, employees, agents and contractors against all losses, damages, fines, penalties, claims, costs and expenses (including legal costs) arising from or in connection with: (a) your breach of these Terms; (b) your use of the Services (including any false, misleading or incomplete information you provide); (c) your infringement of any law or third-party right; or (d) any claim by a Beneficiary or other third party in relation to a Transaction.
17. PRIVACY
Our collection, use and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
18. INTELLECTUAL PROPERTY
All content on this Website (including logos, text, graphics, software and design) is owned by or licensed to us and protected by intellectual property laws. You may view and use the Website for personal, non-commercial purposes only. You must not copy, reproduce, distribute or otherwise exploit any content without our prior written consent.
19. TERMINATION
19.1 You may close your account at any time by contacting us, subject to completion of any pending transactions and our statutory retention obligations.
19.2 We may suspend or terminate your access to the Services immediately if: (a) you breach these Terms; (b) we suspect fraud, money laundering, terrorism financing or other unlawful activity; (c) we are required to do so by law or by a regulator; or (d) we decide, in our discretion, not to continue providing Services to you.
19.3 Termination does not affect rights and obligations accrued prior to termination, including our right to retain records under the AML/CTF Laws.
20. DISPUTE RESOLUTION
20.1 If you have a complaint, please contact us first. We will acknowledge your complaint within 5 business days and aim to resolve it within 30 days.
20.2 If the complaint is not resolved, you may refer the dispute to the Australian Financial Complaints Authority (AFCA): www.afca.org.au | 1800 931 678 | GPO Box 3, Melbourne VIC 3001. AFCA provides fair and independent financial services complaint resolution that is free to consumers.
20.3 Nothing in this clause prevents you from seeking urgent interlocutory relief or exercising rights under consumer protection law.
21. GOVERNING LAW
These Terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and any courts competent to hear appeals from them.
22. GENERAL
22.1 Severance: if any provision of these Terms is held to be invalid or unenforceable, it shall be severed and the remaining provisions continue in full force.
22.2 Waiver: our failure or delay in exercising a right does not constitute a waiver. No waiver is effective unless in writing.
22.3 Assignment: you may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights to a related body corporate or to a successor in connection with a merger, acquisition or sale of assets.
22.4 Entire agreement: these Terms, together with the documents referred to herein, constitute the entire agreement between you and us in relation to the Services.
22.5 Electronic acceptance: your ticking of acceptance checkboxes, clicking "submit" buttons, or continued use of the Services constitutes valid electronic acceptance of these Terms under the Electronic Transactions Act 1999 (Cth).
CONTACT US
For any questions about these Terms, please contact us via the contact details published on our website.
These Terms are prepared in English. Any translation is provided for convenience only; the English version prevails to the extent of any inconsistency.