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Last Update: February 2023
“@Pay App” means the mobile application software developed, owned and released by @Pay and available for download for Android or Apple iOS, including all content and services listed in Clause 2.1 and made available on or through the same, and any and all updates, upgrades, supplements, releases and versions thereof;
“@Pay Services” or “Services” refers to the Service Content and all related features, services, content and applications described in Clause 2.1, which @Pay may make available to you on the @Pay App and Site from time to time in respect of your Digital Assets;
“APP” means the @Pay App and @Pay Wallet.
“Applicable Law” means any law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgment, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to these Terms), property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any governmental or regulatory authority;
“Affiliate” means a person, entity or company directly or indirectly, controlling, controlled by or under direct or indirect common control with another person, entity or company;
“Annex” shall have the meaning ascribed to the term in Clause 1.2;
“Business Day(s)” means any day except any Saturday, Sunday or public holiday which banking institutions are open for normal business activities, in the jurisdiction where the transaction or business activity under these T&Cs is concerned;
“Clause” means each numbered provision or section of these T&Cs;
“Digital Asset” means the cryptographic tokens, digital currencies, cryptocurrencies, virtual currencies or CSCs, or digital assets of any types not falling within the classification of a financial instrument in terms of Australian Laws and that have been approved by @Pay for storage in the Digital Asset Wallet, a list of which is available for reference on the @Pay App and Site;
“Digital Asset Transfer” shall have the meaning ascribed to the term in Clause 2.1(d);
“Digital Asset Wallet” shall have the meaning ascribed to the term in Clause 2.1(a);
“Enabled Device” means the mobile communications or other device successfully registered by you for use in connection with the @Pay App and @Pay App Services;
“Error Transaction” means a Transaction that is authorized and/or initiated by You as a result of mistake, duress, fraud, misrepresentation, inducement and so forth;
“Fees” means all fees imposed by us for the use of the @Pay App Services and/or Digital Asset Wallet;
“FireBlocks” means the service provider and platform @Pay uses for its Digital Asset custody, transfer and settlement services.
“Force Majeure Event” means an event or failure which is beyond our reasonable control including, without limitation, (i) acts of God, nature (including without limitation, natural disasters, epidemics and pandemics), court or domestic or foreign governmental authorities; (ii) failure or interruption in public or private telecommunication networks, communication channels or information systems;(iii) acts or omissions of acts of a party for whom we are not responsible; (iv) delay, failure or interruption in, or unavailability of, third party services and sites; (v) strikes, lockouts, labour disputes, wars, civil unrest, terrorist acts and riots; (vi) viruses, malwares, other malicious computer codes or the hacking of any part of the @Pay App Services;
“Instructions” means all information, instructions, communications, orders or messages (including those relating to payments, transfers or other transactions), whether automated or not, referable to you;
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
“Privacy Notice” shall have the meaning ascribed to the term in Clause 1.3A;
“Service Content” means data, information, materials, advertisements, text, audio, video, graphics, software and other content on the Site and the @Pay App;
“Site” means the website at www.atpay.io;
“Taxes” means any taxes, duties or fees that incurred, required to be collected, paid or withheld for any reason in connection with your use of the Services under any Applicable Law;
“Terms” or “T&Cs” shall have the meaning ascribed to the term in Clause 1.2;
“Trademarks” shall have the meaning ascribed to the term in Clause 11.1(a);
“Transaction” shall have the meaning ascribed to the term in Clause 9.1;
“Transaction History” means records of all transactions and any details relevant to such transactions on your Digital Asset Wallet;
“Unauthorised Transaction” means a Transaction that is not authorized by You.
“we/us/our” means @Pay;
“you/your” means the individual who is the user of the @Pay App Services.
2.4. In the event that we decide to suspend, restrict or terminate your access to our Services in accordance with the provisions of this Clause 2, we will (to the extent that it is not unlawful for us to do so) provide you with adequate notice of such termination of Services. Suspensions, restrictions or terminations from the use of our Services will be reversed only as soon as reasonably practicable once the reasons for refusal no longer exist. We are under no obligation to execute any suspended, reversed or terminated transactions at the same price or on the same terms.
4.2. In order to use the @Pay App Services, you must register as a user on the @Pay App, and provide us with all information and/or documents requested by us (including such information and/or documents as may be required by us for compliance with Applicable Law and our AML-CTF Policy). Except where permitted by Applicable Law, all information and documents must be in the English language (including such information and/or documents as may be required by us from time to time for compliance with Applicable Laws) in order to process your registration. If the documents you provide are not in the English language (except where permitted by Applicable Law), you may be required to provide us with a certified English translation. Except as permitted by Applicable Law, @Pay shall not be responsible for the translation of any non-English documents and shall not be obliged to process or review any documents that are not in the English language.
4.3. You agree to cooperate with all requests made by us or any of our third-party service providers on our behalf in connection with your use of the @Pay App Services, including but not limited to identify or authenticate your identity, validate your funding sources or transactions or verify your source(s) of income and/ or wealth. This may include, without limiting the generality of the foregoing, requiring further information that will allow us to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verifying your information against third party databases or through other sources.
4.4. We are entitled, in our sole discretion and without providing reasons, to refuse your application for or to suspend, terminate or limit your use of the @Pay App Services or your account, and/or to change the eligibility criteria for registration or use of the @Pay App Services at any time.
4.5.We may confidentially verify the information you provide us with or obtain information on you ourselves or through third parties from secure databases. By agreeing to these Terms, you acknowledge and agree that we or a third party on our behalf will carry out such verifications.
4.6.You hereby represent and warrant that any and all information provided to us, our Affiliates or any of our third-party service providers, is always complete, accurate and up to date in all respects and that in the event that such information ceases to be complete, accurate and up-to-date, you shall provide us, our Affiliates and third party service providers which such revised and updated information without delay. It is your responsibility to update us with any changes in your personal information or any other information you may have provided us with during registration or else in the course of your engagement with the @Pay App Services. If at any time we believe that your information is incomplete, outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again. Failure to complete any step of the registration process or provide up to date information may result in your inability to or adversely affect your use of the @Pay App Services. You undertake to indemnify us, our Affiliates and any third-party service providers for any and all losses incurred as a result of your failure to provide complete, accurate and up to date information at any point prior to and following termination of the @Pay Services.
4.7. At the time you sign up for @Pay App Services or at any time in the future after signing up for @Pay App Services:
(a) you will provide all information we request from you allowing us to undertake Know Your Customer on you in accordance with our AML-CTF Policy; and
(b) we may undertake electronic identity verification checks on you, either directly or by using relevant third-party service providers.
4.8. Notwithstanding any Terms hereunder or your successful completion of the signing up process in accordance with Clause 4.2 above, you acknowledge and agree that certain types of users are specifically prohibited from using certain features within the @Pay App Services.
5.1. The @Pay App gives you interactive access to your Digital Asset Wallet, including allowing you to perform one or more of the following actions:
Mail: Level 2, 11 York Street, Sydney New South Wales 2000 Australia
Email: [email protected]
@Pay will handle all complaints according to our internal dispute resolution procedure. Our dispute resolution procedure requires that we provide an initial response to your complaint within 7 days, with a final response within 30 days. The period of 30 days may be extended in exceptional circumstances. If we are unable to resolve your complaint to your satisfaction after the stated time period, you may be eligible to escalate the complaint to our external dispute resolution service.
External dispute resolution service is:
Australian Financial Complaints Authority (AFCA)
AFCA Service Complaints
Mail GPO Box 3,
Melbourne VIC 3001
Phone 1800 931 678
Fax 03 9613 6399
Website www.afca.org.au
Email [email protected]
Time limits may apply to complain to AFCA. You can access the AFCA website, or phone them, to find out if a time limit applies to you, and what that time is. AFCA has authority to hear certain complaints, contact them to confirm if they can assist you.
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