Last Update: February 2023 

1. INTRODUCTION
   1.1 The @Pay App and @Pay Services (described below) are provided to you by AtPay Trading Pty Limited (together with its affiliates, “@Pay”).
   1.2 These terms and conditions (“Terms” or “T&Cs”), as well as any attached country annexes and/or product schedules (together “Annex”) (if any), will apply to your use of the @Pay App Services. Please take the time to read and understand these Terms before using these services so that you are aware of your legal rights and obligations. In the event of any inconsistency between these Terms and any Annex, the relevant Annex shall prevail.
   1.3 By using the @Pay App Services and/or completing the sign-up process, you are entering into a binding contract with us and shall be deemed to have expressly read, understood and agreed to be bound by these Terms.
   1.3A. These Terms incorporate within them as though they were fully restated herein, the provisions of the following terms and policies:
   (i) our Privacy Policy as accessible here: (“Privacy Notice”) and;
   (ii) our AML/CTF Policy found here. The provisions of the policies set out in this Clause 1.3A shall also govern your use of the @Pay Services.
   1.4 Definitions and Interpretation.
   In these Terms:

   “@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. THE SERVICES
   2.1. The @Pay App Services shall comprise the following services:
   (a) hosted Digital Asset wallets (“Digital Asset Wallet”) by @Pay that allow you to store Digital Assets with @Pay. FireBlocks is the issuer of, and the custodian of your @Pay Wallet and the Digital Assets within it;
   (b) a Digital Asset transfer service under which you may transfer any Digital Asset to another recipient, which may be the Digital Asset Wallet of another user of the @Pay App Services or an external recipient (“Digital Asset Transfer”)
   (c) payment to an @Pay merchant for goods and/or services in either Fiat or a Digital Asset through the @Pay App/ Digital Asset Wallet;
   (d) any incentive programme(s) (including but not limited to any kind of reward, cashback, Staking or referral programmes) that may be launched or offered via the @Pay App or the Site from time to time;
   (e) purchase of gift cards; and
   (f) any other products or services listed in the Annexes (if any), or shown on the @Pay App, our Site or our official communication channel from time to time.
   
   2.2. Subject to Applicable Law, we reserve the right and without liability to you to:
   (a) update, change, remove, cancel, suspend, disable or restrict access to or discontinue the @Pay App Services or change any features, component or content thereof; or
   (b) reverse, cancel, clawback, change any terms or refuse to honour any reward, bonus or pay-out for any incentive programmes regardless of your entitlement, including but not limited to any reason specified in Clause 15.1 (a) to (g) below.
   
   2.3. Subject to Applicable Law, we reserve the right to suspend, restrict or terminate your access to any or all of our Services and to deactivate your account, including without limitation:
   (a) where it is our reasonable opinion that we are required to do so by Applicable Law or any court or other adjudicating authority to which we are subject in any jurisdiction;
   (b) upon reasonable suspicion that you may be in breach of these Terms or are otherwise trying to circumvent these Terms such as by opening multiple accounts or abusing any of our incentive schemes;
   (c) upon reasonable suspicion that a transaction is fraudulent or erroneous;
   (d) upon reasonable suspicion that your account has been compromised or the Services are being used in a fraudulent or unauthorised manner;
   (e) upon reasonable suspicion of money laundering, terrorist financing, fraud or any other financial crime; or
   (f) upon reasonable suspicion that you are conducting any fraudulent or illegal activities including but not limited to any Ponzi scheme, pyramid scheme, phishing or dark-net transactions; or
   (g) where your @Pay wallet is subject to pending litigation, investigation or government proceedings.

    

   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.
   2.5. Clause 2.2 above may occur to all, or any specific group, or any individual user of @Pay App Services. We do not guarantee that any specific content, component and/or feature will always be available on the @Pay App Services.
   2.6. You understand and agree that we may engage any third-party service provider or subcontractor to perform any or all of the services provided hereunder. @Pay shall not be liable for any delay, loss or damage of any kind incurred from any services provided by any third-party service provider or subcontractor engaged by @Pay. All claims in connection with the act of any third-party service provider or subcontractor shall be brought solely and directly against such party and/or its agents. @Pay’s sole liability in relation to the services provided by any third-party service provider or subcontractor shall be limited to the use of reasonable care in the selection of such party.

    

3. RISKS OF USING DIGITAL ASSETS
   3.1. Please note that all transactions involving Digital Assets involve certain risks. In this regard, once submitted to a blockchain network, such a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the blockchain network. A transaction is not complete while it is in a pending state. Any Digital Assets transfers, to and from external wallet addresses, that are in a pending state will be designated accordingly, and the relevant Digital Asset will not be included in your Digital Asset Wallet or be available to conduct transactions.
   3.2. In any transfer of Digital Assets, there is always a risk that the Digital Assets can be lost due to the collapse of the community that supports Digital Asset transfers, or the failure or bankruptcy of the issuers and/or managers of that Digital Asset. In such scenarios, your Digital Assets could lose significant value and/or be lost all together if they are in a pending state of transfer.
   3.3. The risk of loss in holding Digital Assets can be substantial. You should therefore carefully consider whether holding Digital Assets is suitable for you in light of your financial situation. In considering whether to hold Digital Assets, you should be aware that the price or value of Digital Assets can change rapidly, decrease, and potentially even fall to zero. Past performance is not an indicator of future performance. If you use any @Pay App Services which allow you and/or third parties to access and hold Digital Asset private keys, you acknowledge that we are not responsible for safeguarding such keys and that we are not responsible for any loss of Digital Assets resulting from theft, loss, or mishandling of Digital Asset private keys outside our control.
   3.4. We are not responsible for the market of Digital Assets, and we make no representations or warranties concerning the real or perceived value of Digital Assets as denominated in any quoted currency. Although we may provide historical and/or real-time data regarding the price of Digital Assets, including graphs displayed within the @Pay App showing the price fluctuations of Digital Assets, such data or graphs are for reference only. We make no representations regarding the quality, suitability, veracity, usefulness, accuracy, or completeness of such data or graphs, and you should not rely on such data or graphs for any reason whatsoever. You understand and acknowledge that the value of Digital Assets can be volatile, and you agree that we are not in any way responsible or liable for any losses you may incur by holding or trading Digital Assets, even if the @Pay App Services were delayed, suspended, or interrupted for any reason.
   3.5. Due to the volatile nature of Digital Assets there may be circumstances in which the final price achieved from the payment you make through the Payment Portal changes between the time transaction is requested and the time it is processed. We reserve the right to process any transaction within a 5% range of the initial quoted swap price. We will not process any transactions that have a variation from the Swap Price greater than 5% and we will instead issue a new swap price for confirmation before processing a transaction.
   3.6. We do not provide investment advice tax advice, financial advice or any other professional advice and any content on the @Pay App and Site should not be considered as such advice or a substitute for tailored investment, financial advice. The contents of the @Pay App and Site does not constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. The contents of the @Pay App and Site should. The contents of the @Pay App and Site should not be used as a basis for making investment decisions and should not be construed as an attempt to market or promote any type of Digital Asset.
   3.7. Your Digital Asset Wallet is not a depository account. Funds stored in your Digital Asset Wallet do not earn any interest unless otherwise stated and they are not protected by any government- backed depositor compensation, insurance or guarantee scheme.
   3.8. @Pay is not responsible for, or liable in any way, including any loss (including, but not limited to monetary or consequential loss) or damage you incur or suffer, as a result of any Unauthorised Transaction or any Error Transaction relating to the @Pay App, your Digital Wallet and/or Digital Assets.
4. ONBOARDING
   4.1. By signing up to use the @Pay App Services, you represent and warrant that:
   (a) you are at least eighteen (18) years of age, or the minimum age required in your jurisdiction of residence to have the necessary legal capacity, right, power and authority to accept these Terms;
   (b) you have the full right, power, and authority to agree to these Terms;
   (c) you are not resident or a Tax resident of, and do not otherwise have any relevant connection with, any jurisdiction which @Pay has notified as being subject to prohibitions or restrictions on accessing or using the @Pay App Services;
   (d) you are not a resident or Tax resident of, and do not otherwise have any relevant connection with, any jurisdiction in which entry into or performing your obligations under these Terms or the delivery, holding, use or exchange of Digital Assets is unlawful or restricted in any way or requires licensing, registration or approval of any kind;
   (e) you are the authorised user of your Enabled Device, and your Enabled Device is not jailbroken, meaning that you have not, nor are you aware of anyone having, used an exploit to remove manufacturer or carrier restrictions from the relevant device;
   (f) you are not currently registered as a user of the @Pay App Services;
   (g) you are not impersonating any other person, operating under an alias or otherwise concealing your identity;
   (h) you are not located in, under the control of, or a national or resident of (i) any international sanctioned countries, or (ii) any country to which Australia or the United States has embargoed goods or services; and (iii) are not identified as a “Specially Designated National” by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the Australian Department of Foreign Affairs and Trade;
   (i) you are not placed on the U.S. Department of Commerce, Bureau of Industry and Security’s Denied Persons List or an equivalent list by the Australian Government;
   (j) you will not use our Services if any Applicable Laws in your country prohibit you from doing so in accordance with these Terms;
   (k) you will use our Services solely for your own personal use only and not for any commercial or business purposes;
   (l) you are the sole ultimate beneficial owner of your account and not acting on behalf of or representing any other natural person, legal person or legal entity;
   (m) you are the beneficial owner of (or if you are acting as a trustee, the legal owner) of any Digital Asset or fiat currency subject to these Terms and forming the subject matter of the Services; and
   (n) you are compliant with all Applicable Law requirements to which you are subject, including without limitation, all tax laws and regulations, exchange control requirements and registration requirements.
   4.1A. When signing up to use the @Pay APP and Services, you will be required to:
   (a)          provide personal information and documents which we will provide to our third party service providers for review as part of the AML/KYC checks;
   (b)          pass AML/KYC checks; and
   (c)          agree to @Pay’s Terms and Conditions.

   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. THE @PAY APP

    

   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:
   (a) view the balance and Transaction History of your Digital Asset Wallet;
   (b) obtain instructions on how to load your Digital Asset Wallet;
   (c) request for a Digital Asset Transfer from your balance held in your Digital Asset Wallet; or
   (d) payment to an @Pay merchant for goods and/or services in a Digital Asset through the @Pay App/ Digital Asset Wallet. 
   5.2. Subject always to your continuing compliance with these Terms, we grant to you a limited, non- transferable, non-exclusive licence to use the @Pay App insofar as owned by or licensed through us on your Enabled Device and only for your own purposes, on and subject to these Terms. All other rights not expressly granted to you are reserved. Some software components used in the @Pay App may be offered under an open source or other licence as we may notify to you, in which case your use of those components of the @Pay App shall be governed by such license terms to the extent only of any inconsistency between these Terms and those licence terms.
   5.3. Fees and account balances in the @Pay App are not rounded, however, they may be displayed to you as rounded up or down to the nearest four decimal places.
   5.4. You acknowledge and agree that your use of the @Pay App Services is at all times subject to your compliance with these Terms and all other applicable terms.

    

6. YOUR DEVICE
   6.1. You acknowledge and agree that, in connection with your use of the @Pay App, you shall be responsible for the following, at your own cost:
   (a) obtaining and installing all hardware, software and communications services necessary for your use of the @Pay App in accordance with these Terms;
   (b) installing antivirus or other mobile security software on your Enabled Device to protect against any security or other vulnerabilities which may arise in connection with your use of the @Pay App in accordance with these Terms; and
   (c) installing updates and patches for the @Pay App and your Enabled Device in a prompt and timely manner.
   6.2. Without prejudice to the foregoing and any other terms in these Terms, we assume that any and all Instructions received from your Enabled Device have been made by the rightful owner. You are solely responsible and liable for keeping your Enabled Device safe and maintaining adequate security and control of your login and authentication details (including, but not limited to, your username, and password), and shall likewise be solely responsible for any access to and use of the @Pay App and the Services through your Enabled Device, notwithstanding that such access and/or use may have been affected without your knowledge, authority or consent. We will not be liable to you for any loss or damage resulting from such access and/or use.
   6.3. Should you discover that your Enabled Device is lost or stolen or has been accessed or used in an unauthorised way, you shall notify us of the loss and/or theft or unauthorised access and/or use by emailing us at [email protected]. In addition, where your Enabled Device has been accessed or used in an unauthorised manner, you should, as soon as possible, reset the login and authentication details on your Enabled Device.
   
   
7. TOP-UPS TO DIGITAL ASSET WALLET AND DIGITAL ASSET TRANSFERS
   7.1. Top-ups to your Digital Asset Wallet from an External Wallet
   (a) You may load Digital Asset(s) to your Digital Asset Wallet by effecting a transfer of such Digital Asset from any external wallet to the relevant address for your Digital Asset Wallet, which will be available on the @Pay App.
   (b) You acknowledge and agree that it is your responsibility to ensure that: (i) the correct address, memo and destination tag for your Digital Asset Wallet (as reflected on the @Pay App) is entered when you effect a transfer of Digital Asset from your external wallet to your Digital Asset Wallet; and (ii) only the Digital Assets that are supported by the Digital Asset Wallet will be transferred to your Digital Asset Wallet.
   (c) You also acknowledge that: (1) the transfer of any Digital Asset to an incorrect address (i.e. an address other than the correct address for your Digital Asset Wallet); or (2) the transfer of any type of Digital Asset that is not supported by the Digital Wallet will result in the irreversible loss of such Digital Asset. We shall bear no liability for any such loss of Digital Assets.
   (d) A transfer of Digital Asset to your Digital Asset Wallet is only deemed to be confirmed when the balance of your Digital Asset Wallet (as reflected in the @Pay App) has been updated to reflect such transfer.
   (e) @Pay reserves the right to reject any transfer of Digital Asset to your Digital Asset Wallet. In such a scenario, the relevant Digital Asset will not be credited to your Digital Asset Wallet.  
   
   7.2. Digital Asset Transfers
   (a) You may transfer any Digital Asset from your Digital Asset Wallet to a specified external address or to another @Pay App user via the @Pay App, with the exception of certain Digital Assets which are not supported in respect of Digital Asset Transfers, as determined by @Pay at its sole discretion, and subject to change from time to time.
   (b) @Pay processes all Digital Asset Transfers according to the Instructions received from you and does not guarantee the identity of any recipient. You should verify all transaction information prior to submitting Instructions for a Digital Asset Transfer to @Pay as the Digital Asset Transfer may not be cancelled or reversed once processed by @Pay unless @Pay decides at it sole discretion that the transaction should be cancelled or reversed and is technically capable of such cancellation or reversal. You acknowledge that you are responsible for ensuring the accuracy of any Instructions submitted to @Pay and that any errors may result in the irreversible loss of your Digital Asset.
   (c) You agree to have sufficient Digital Asset in the Digital Asset Wallet prior to instructing @Pay to execute any Digital Asset Transfer (including any fees associated with facilitating the transaction and such fees are out of the control of @Pay). If your Digital Asset in your Digital Asset Wallet is not sufficient to cover the amount required for @Pay to complete the Digital Asset Transfer, @Pay will not proceed to execute the Digital Asset Transfer and @Pay is under no obligation to attempt to fulfil your Digital Asset Transfer using an alternative method of transfer. You hereby authorise us to debit your Digital Asset Wallet(s) for the full amount required for @Pay to complete the Digital Asset Transfer. 
   (d) We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party. We are not responsible for ensuring that a third-party buyer or a seller you transact with will complete the transaction or is authorised to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party using Digital Assets transferred from your Digital Asset Wallet, or if you have a dispute with such third party, you should resolve the dispute directly with that third party.

8. Payments using @Pay
   8.1 @Pay offers a payment solution within the @Pay App that enables users to send Digital Assets to other users and pay qualifying merchants with the Digital Asset of their choice(“Payment”). A receipt will be sent to your registered email address once a Payment transfer or purchase has been confirmed.
   8.2 All refunds will be made in the same Digital Asset  you may have used for your purchase. All refunds may be subject to an administration and handling fee. Refunds below AUD$10.00 or its equivalent may not be processed, except where required by the Applicable Law.
   8.3 In most cases @Pay has no role or authority in determining whether you shall be eligible for any refund. If you believe that your transaction is eligible for a refund, please contact the merchant in the first instance.
   
   
9. OTHER PROVISIONS APPLICABLE TO OUR SERVICES
   9.1. @Pay reserves the right to, in its sole discretion, refuse to process or to cancel any pending request from you for any Digital Asset Transfer or Payment (each, a “Transaction”), including for purposes of compliance with Applicable Law.
   9.2. As a user of the @Pay App Services, you accept the risk that a Transaction facilitated by @Pay may be delayed and you agree not to hold @Pay responsible for any loss or damage arising out of or related to such delay.
   9.3. It is your sole responsibility to determine whether, and to what extent, any Taxes apply to any transactions associated with your receipt or transfer of Digital Assets, and/or to the Transactions you conduct, and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate tax authorities. Your Transaction History is available through the @Pay App. We are not obligated to, nor will we determine whether, and to what extent, Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.
   9.4.The loading of Digital Asset to your Digital Asset Wallet and/or any Transaction are subject to limits imposed by @Pay (as may be amended from time to time in @Pay’s sole discretion). Each payment you make through the Payments Portal is limited to the amount of AUD$10,000 per transaction. If you attempt to make a payment in excess of AUD$10,000 your transaction will not be processed and it will fail. You may be charged a processing fee even if your payment fails.
10. FEES
    10.1. Your use of the @Pay App Services may be subject to certain Fees, which will, if applicable, be debited from your Digital Asset Wallet. The list of applicable Fees are set out on the @Pay App Fees & Limits page found here. @Pay reserves the right to update its fees and limits at its sole discretion and from time-to-time.  
    10.2. All applicable Fees listed on the @Pay App and the Site are exclusive of any applicable Taxes and the actual Fee charged will be increased to account for any such applicable Taxes.
    10.3 @Pay will issue a payment notice to you for any Fees or amount that you owe us, including but not limited to any amount owed to us as a result of us exercising our rights under Clauses 2.2(b) or (c). If such amount is not repaid within 14 days from the date of notification, you confirm and authorise @Pay to recover such amount from your other accounts with @Pay by debiting any assets in those accounts.
    
    
11. INTELLECTUAL PROPERTY RIGHTS
    11.1. You acknowledge and agree that:
    (a) the @Pay trademarks and logos, and any other logos, service marks, product names and other proprietary indicia used in the @Pay App are the property of either @Pay or third party licensors (collectively, the ” Trademarks”);
    (b) the intellectual property rights in and to the @Pay App Services are either owned by us or licensed to us by third party licensors;
    (c) other than the licence expressly granted by you in these Terms, no other rights are granted to you in respect of either the Trademarks, the @Pay App or the @Pay App Services; and
    (d) no part or parts of the @Pay App may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written permission.
12. CONDUCT.
    12.1. Without prejudice to the foregoing, you undertake not to (and shall not, knowingly or otherwise, authorize, allow or assist any other party to):
    (a) use the @Pay App to conduct electronic spamming or otherwise distribute any unsolicited or unauthorised advertising, promotional or marketing material, spam  material,junk mail or chain letters;
    (b) use the @Pay App to perform illegal, unlawful or immoral activities (including but not limited to money laundering, terrorism financing and fraudulent activities);
    (c) use the @Pay App to upload content that contains or is infected with viruses, malicious codes, Trojan horses, is unlawful, immoral or illegal or contains any other harmful or deleterious program;
    (d) modify or adapt the whole or any part of the @Pay App or combine or incorporate the @Pay App into another other programme or application;
    (e) disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the @Pay  App or any components thereof;
    (f) use the @Pay App in any manner that would lead to the infringement of our, our Affiliates’ or any other third party’s intellectual property rights, including without limitation any copyright, patent or trademark. You undertake not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon our intellectual property interests;
    (g) use the @Pay App in a way that could damage, disable, impair or compromise the @Pay App or the provision of the @Pay App Services (or the systems or security of the @Pay App or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of @Pay. You undertake not to gain or attempt to gain unauthorised access to the account or wallets of other users;
    (h) take any action that imposes an unreasonable or disproportionately large burden or load on the @Pay infrastructure (including, but without limitation to our servers, networks, data centers and related or like equipment) and detrimentally interfere with, intercept or expropriate any system, data or information belonging to other users of the Services;
    (i) engage in any other activities deemed inappropriate by us or which is in contravention of these Terms or any Applicable Laws;
    (j) provide false, inaccurate, incomplete or misleading information to @Pay or any of its Affiliates or third-party services providers;
    (k) deposit with @Pay any Digital Assets or fiat currency forming part of the proceeds of any criminal or unlawful activity; or
    (l) demonstrate or use any abusive, threatening and/or violent behaviour or language towards our personnel.
    
    
13. DATA PROTECTION
    13.1. By using the @Pay App Services, you confirm that you have read,understood and accepted our Privacy Policy and understand how we collect, use, disclose and share amongst ourselves your Personal Data and disclose such Personal Data to our authorised service providers and relevant third parties. We will only share your Personal Data in order to facilitate and administer your use of the @Pay App Services or otherwise if required by law or any of our counterparty who is the controller of your data. Such a data controller will manage and protect your personal data in accordance with all applicable data protection laws. For full and comprehensive information about when and why we collect personal information about you, how we use it, the conditions under which we may disclose it and how we keep it secure, please refer to our Privacy Policy, which is available here. 
    13.2. We reserve the right at any time to satisfy our internal requirement as to your Personal Data (for example, by requesting relevant original documents) including for the purposes of preventing fraud and/or anti-money laundering and counter-terrorist financing purposes.
    
    
14. ELECTRONIC COMMUNICATIONS
    14.1. You shall accept full responsibility for the security and authenticity of all Instructions sent via the @Pay App and you shall be bound by all such Instructions. We shall be entitled to assume that all Instructions received from your Enabled Device via the @Pay App are yours. We shall be under no obligation whatsoever to verify that such Instructions are in fact yours.
    14.2 You are aware that Instructions and information transmitted via the @Pay App are generally transmitted via the Internet and may be routed via public, transnational installations which are not specifically protected. We cannot guarantee that the Instructions and information so transmitted will in fact be completely protected against such unauthorised access, and you accept these associated risks.
    14.3. Any Instructions sent by you to us shall only be deemed to be received by us when we have successfully retrieved such Instructions from the relevant system and duly informed you of such receipt. In addition, any Instructions sent by you to any third parties (for example, network merchants) shall only be deemed to have been received by such third parties in accordance with their terms and conditions.
    14.4. You agree without prejudice to any of these Terms, that, to the extent there are any terms in your local jurisdiction governing the time and place of despatch and receipt of electronic communication, to the maximum extent permitted under applicable law, such terms shall not apply to your use of the @Pay App Services and that you shall be liable for any damage that may be caused through the use of the Internet – i.e. through loss, delay, misunderstandings, corrupted texts, unauthorised interceptions by third parties or duplicates.
    14.5. You acknowledge and agree that in the event of any dispute arising in connection with your use of the @Pay App Services, our records (including electronic, computer and microfilm stored records) of all matters relating to your use of the @Pay App Services and/or of you (including Transaction History) at any specified date shall be conclusive of their accuracy and authenticity and shall be binding on you for all purposes whatsoever. In addition, you agree to the admissibility of such documents without further requirement of proof of authenticity or accuracy in a court of law under applicable evidentiary law, rules and/or regulations.
    
    
15. LIMITATION OF SERVICES / TERMINATION / ACCOUNT CLOSURE
    15.1. Subject to Applicable Law, @Pay may at any time and without liability to, terminate, suspend, or limit your use of the @Pay App Services (including but not limited to freezing the Digital Assets in your account or freezing or closing your Digital Asset Wallet, refusing to process any transaction, or wholly or partially reversing, cancelling or voiding any transactions that have been affected) for any reason, including (but not limited to):
    (a) in the event of any breach by you of these Terms and all other applicable terms;
    (b) for the purposes of complying with Applicable Laws;
    (c) where @Pay suspects that a transaction effected by you is potentially connected to any unlawful activities (including but not limited to money laundering, terrorism financing and fraudulent activities);
    (d) to remedy the effects of any defect in or compromise to any information system upon which @Pay relies on;
    (e) as may be informed by its internal monitoring policy and the profile of spending reasonably anticipated for the type of consumer group you belong to;
    (f) in @Pay’s opinion that an order or transaction has been executed based on an aberrant value; or
    (g) in @Pay’s opinion, you are intentionally abusing the @Pay Services and products, or engaging in actions to defame, abuse, harass, stalk, threaten or otherwise violate any of the rights of @Pay and/or it’s employees.
    15.2. Your obligations under these Terms will continue in the event of such suspension or termination described in Clause 15.1 above.
    15.3. You shall not be entitled to any payment, compensation or damages from us in relation to any suspension, reversal or termination of your use of the @Pay App Services for any reason whatsoever. Any limitation, suspension or termination of your use of the @Pay App Services for any reason whatsoever shall not release you from any liability or responsibility on your part, which at the time of such limitation, suspension or termination, has already accrued.
    15.4. Our rights of limitation, suspension and termination under these Terms shall be without prejudice to any other rights or remedies which we may have (whether under these Terms, Applicable Law or otherwise).
    15.5. If you wish to suspend or terminate your access to and use of any of the @Pay App Services or close your account, you are required to submit a request to @Pay in such manner and form and accompanied by such information and supporting documentation, including as necessary for verifying your identity and the authenticity of the instructions received, as may be required by us to request for and effect such suspension or termination. You acknowledge and agree that you will be subject to such terms and conditions as we may consider applicable to such suspension or termination.
    15.5A If, at the time of the submission of your account closure request, your account has any outstanding or ongoing obligations, commitments or activities, including but not limited to any amount due to  @Pay      or, you agree that @Pay shall not be obliged to process such closure request until all such obligations, activities or commitments have been discharged or expired.
    15.6. If you have a remaining balance in your account which has been suspended or closed, you are entitled to recover such Digital Assets from your Digital Asset Wallet unless we are prohibited by law or a court order to release such Digital Assets, respectively, or where we have reasonable grounds to suspect that such Digital Assets were obtained through fraud or any unlawful means or connected with any criminal activities. If you have any questions about this Clause, please contact us at [email protected]. 
    15.7 Subject to Applicable Law, we may at any time and with appropriate notice to you (i) set off any amount we owe you against any amount that you owe us; or (ii) recover any amount you owe us (in either case, whether or not the obligation is matured or contingent and irrespective of the currency, asset or place of payment). Any amounts that are so set off will be discharged promptly and in all respects.
    
    
16. CUSTOMER FEEDBACK AND QUESTIONS
    If you have any feedback or questions, please contact us via email at [email protected]
    Whilst we strive to respond to you as soon as possible, for more complicated issues, it may take us up to 30 days to resolve and get back to you. You accept and agree that we shall not be responsible for any loss and damage incurred during such period.
    
    
17. LIMITATION OF LIABILITY
    17.1. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING TITLE, NON-INFRINGEMENT, TIMELINESS, QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE (REGARDLESS OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE) OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE @PAY APP SERVICES PROVIDED UNDER THESE TERMS. ADDITIONALLY, @PAY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE @PAY ATTEMPTS TO MAKE YOUR USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OUR LIABILITY IN RESPECT OF REPRESENTATIONS AND WARRANTIES THAT CANNOT BE EXCLUDED IS LIMITED, AT OUR OPTION, TO ANY ONE OF:
    (i) RE-SUPPLYING, REPLACING OR REPAIRING THE SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED; OR
    (ii) PAYING THE COST OF THE RE-SUPPLYING, REPLACEMENT OR REPAIRING OF THE SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED.
    17.2. NOTWITHSTANDING ANYTHING IN THESE TERMS, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR ANY OF OUR REPRESENTATIVES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGE OR CLAIMS:
    (i) DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT, OUTSIDE OUR REASONABLE CONTROL AND THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (INCLUDING BUT NOT LIMITED TO FORCE MAJEURE EVENTS);
    (ii) ARISING FROM OR IN CONNECTION WITH:
    (a) ANY INTERRUPTION, DELAY, SUSPENSION, DISCONTINUANCE OR FAILURE OF THE @PAY APP OR @PAY APP SERVICES;
    (b) ANY REFUSAL TO PROCESS OR AUTHORISE, OR ANY REVERSAL OF, ANY TRANSACTION FOR ANY REASON;
    (c) YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE OR BREAKDOWN / NON-AVAILABILITY OF THE @PAY APP, NETWORK, OUR HARDWARE OR SOFTWARE OR THAT OF ANY THIRD PARTIES;
    (d) USE OF YOUR ENABLED DEVICE AND THE @PAY APP SERVICES BY THIRD PARTIES, WHETHER AUTHORIZED OR UNAUTHORISED BY YOU;
    (e) ANY THEFT OR LOSS OF YOUR ENABLED DEVICE;
    (f) ANY UNAUTHORISED OR INELIGIBLE USE OF THE @PAY APP SERVICES CONTRARY TO THESE TERMS;
    (iii) DUE TO COMPLIANCE WITH APPLICABLE LAWS AND/OR COURT ORDERS;
    (iv) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, LOST DATA, OTHER INTANGIBLE LOSSES, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES TO THESE TERMS, REGARDLESS OF WHETHER SUCH DAMAGES WERE DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR WHETHER OUR OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
    (v) RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORISED ACCESS OR USE OF THE SERVICES, YOUR ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN.
    17.3. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE SERVICES EXCEED THE FEES YOU PAID US FOR YOUR USE OF THE SERVICES DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
    17.4. Subject to Applicable Law, we shall not be liable for fault on the part of any third-party service providers instructed by us. In such cases, our liability shall be limited to using reasonable care in the selection, appointment and instruction of such third-party service providers (but not of any sub- contractor or other third party such third-party service provider may use).
    17.5. Nothing in these Terms shall operate to limit or exclude any liability for fraud, gross negligence or for death or personal injury resulting from negligence.
    17.6. THE PARTIES AGREE THAT ANY CLAIMS AGAINST THE OTHER UNDER THESE TERMS MAY ONLY BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. NO COURT OR ADJUDICATOR MAY CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED TO ANY USER OF THE @PAY APP SERVICES CANNOT AND MAY NOT AFFECT ANY OTHER USERS.
    
    
18. INDEMNIFICATION
    You agree to indemnify and hold @Pay and its third party service providers, and each of their officers, directors, agents, joint venture entities, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (a) your breach of any of these Terms; (b) your use of the @Pay App and/or the @Pay App Services; and (c) your violation of any Applicable Laws or regulations of any jurisdiction, or the rights of any third party.
    
    
19. AMENDMENT AND VARIATION
    These Terms may from time to time be updated or amended. We will post any such updates on the @Pay App or Site and an alert notification will be sent to you. Such updated Terms as posted will take effect immediately unless otherwise indicated. You should regularly check the @Pay App and Site to inform yourself of any such changes. In addition, we may at any time change, add or remove any feature or functionality of the @Pay App without prior notice by posting the revised version on the @Pay App and if the revision is material, @Pay will make a notice of such on the Website or otherwise notify you. By continuing to use the @Pay App and/or the @Pay App Services after any such changes have taken effect, you are indicating your acceptance of the updated or amended Terms as well as your acceptance of the updated @Pay App. If you do not wish to be bound by any changes or amendments to these Terms then you should stop using the @Pay App and/or the @Pay App Services immediately.
    
    
20. TRANSFER, ASSIGNMENT OR DELEGATION
    These Terms, and any rights and obligations and licences granted hereunder, are limited, revocable, non-exclusive and personal to you and therefore may not be transferred, assigned or delegated by you to any third-party without our written consent, but may be transferred, assigned or delegated by us without notice and restriction, including without limitation to any of the entities within the @Pay group, or to any successor in interest of any business associated with the @Pay App Services. Any attempted transfer or assignment in violation hereof shall be null and void.
    
    
21. SEVERABILITY
    If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. Such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any Applicable Laws.
    
    
22. ENTIRE AGREEMENT / TRANSLATION
    22.1. These Terms constitute the entire agreement between the parties with regard to its subject matter and supersedes and invalidates all other prior representations, arrangements, understandings, and agreements relating to the same subject matter, (whether oral or in writing, express or implied). You acknowledge that in agreeing to these Terms you do not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms.
    22.2. These Terms are concluded in the English language and all communications including any notices or information being transmitted shall be in English. In the event that these Terms or any part of it is translated (for any proceedings, for your convenience or otherwise) into any other language, the English language text of these Terms shall prevail (except where expressly prohibited by law).
23. WAIVER
    23.1. These Terms shall not be waived in whole or in part except where agreed by all parties in writing.
    23.2. The delay of enforcement or the non-enforcement of any of the terms of these Terms by any party shall not be construed as a waiver of any of the other rights of that party arising out of the breach or any subsequent breach of any of these Terms and no right, power or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power or remedy available to that party and each such right, power or remedy shall be cumulative.
    
24. NOTICES AND COMMUNICATIONS
    24.1. By using the @Pay App Services, you agree that we may provide you with any notices or other communications, including marketing, relating to your use of the @Pay App Services electronically:
    (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide); or
    (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. You will always be given the option to unsubscribe from receiving any marketing material from us.
    24.2. Notices to us should be sent electronically to our support system at [email protected].   
    
    
25. THIRD PARTY RIGHTS
    Other than any entities within the @Pay group, a person who is not a party in these Terms has no right to enforce any of these Terms.
    
    
26. GOVERNING LAW AND JURISDICTION
    These Terms are governed by and shall be construed in accordance with the laws of New South Wales, Australia without regard to any choice or conflict of laws rules. Each Party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
    
    
27. COMPLAINTS
    If you have a complaint, you can contact @Pay via:

              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.