Merchant Terms & Conditions

BACKGROUND
1. Thank you for visiting our website (Website) and/or using our RelayPay app (App). This and the App (collectively, Ecosystem) is operated by Relay Ventures Pty Ltd (ACN 630 143 823) and provides access to the services offered by Relay Ventures Pty Ltd and/or its subsidiaries and affiliates (referred to as “RelayPay”, “we”, “our” or “us”).
2. These terms of use (Terms) govern your use of the Ecosystem and the RelayPay merchant payment acceptance services provided to you through the Ecosystem (Services). Please read these Terms carefully.
3. These Terms were prepared by Relay Ventures Pty Ltd (ACN 630 143 823, AFS Representative No.001305063)) who is an authorised representative of Flash Partners Pty Ltd (ACN 607 885 941, AFSL 480 834, contactable at [email protected]) (Flash Payments). As an authorised representative of Flash Payments, we will be authorised to deal in, make a market in, and provide general financial product advice on, the financial products or financial services in our Ecosystem. Please refer to our Product Disclosure Statement, Target Market Determination and Financial Services Guide for further information.
4. By accessing or using the Services, you agree to be bound by these Terms. You should immediately cease using the Services if you do not agree to these Terms.
5. By clicking “I Agree”, creating an account or accessing or using any part of the Services, you agree to be bound by these Terms. You must not use the Services if you do not agree to these Terms.
6. The Services are intended for users within Australia only.
SERVICES
1. RelayPay offers blockchain/cryptocurrency payment processing services that enables you to accept cryptocurrency as a payment method in exchange for goods or services you sell to your customers (Customers) through RelayPay’s front-end integration and API.
2. By using the Services, you authorise RelayPay to act as your agent to accept payments on your behalf from your Customers in accordance with these Terms. Payment by a Customer through RelayPay’s API is considered the same as payment made directly by the Customer to you and limits the Customer’s outstanding obligations to the extent of the payment.
3. Our Services can only be used with cryptocurrencies we support. A list of supported cryptocurrencies is available at our Website. We do not support or process payments for unsupported coins, tokens or blockchain forks (Unsupported Payments). Customers should not attempt to pay an invoice with an Unsupported Payment. We assume no responsibility with respect to an Unsupported Payment and Customers will not be able to reverse or retrieve any Unsupported Payments made to RelayPay.
4. We may impose transaction limits (both individual and aggregate limits) under which we will not provide the Services if the limits will, or in our reasonable opinion are likely to, be exceeded.
ACCOUNT
1. You will be provided with access to an account dashboard which contains records relating to the Services, including transaction records and the balance ledger of funds (both in cryptocurrency and fiat) currently held in your account (Account).
2. Your Account must always be linked to a nominated bank account which you maintain with an authorised deposit-taking institution. You must provide us with at least 5 business days’ notice if you wish to change the nominated bank account.
3. We will settle funds according to your settlement preferences which we have received from completed Transactions (as defined in clause 4) by crediting your Account at the end of each business day or such other intervals we consider appropriate. These funds are temporarily held with RelayPay until you withdraw them from the Account. Withdrawals can either be in AUD or supported fiat currencies listed in the Services to your nominated bank account or in cryptocurrency to another digital wallet you nominate.
4. Our responsibility is limited to initiating the transfer of funds to your nominated bank account or cryptocurrency wallet according to your withdrawal preferences. We will not be liable for any failure or delay in the receipt of funds to your nominated bank account or digital wallet or in respect of any fees or losses incurred as a result of providing us with inaccurate or incomplete instructions.
5. You are solely responsible for keeping your Account secure. You must keep your password confidential and not disclose it to anyone. You must immediately update your credentials if you believe that your Account has, or may have been compromised.
6. It is your responsibility to update your contact and payment details on the Account if they cease to be current. We will rely on the details populated in the Account to contact you or make a payment to you (or attempt to do either of those things) and we will not be liable if these details are incorrect.
7. We will rely on instructions we receive from you on the Account and are not obliged to inquire as to whether the person providing us with the instructions is actually you. Any instructions or other acts undertaken on the Account will be deemed to have been provided or otherwise authorised by you regardless of whether this is in fact the case.
TRANSACTIONS
1. In order to accept a cryptocurrency payment, you must create a payment request using the Services, based on the amount you want to collect from the Customer in fiat currency or cryptocurrency (Transaction). Our hosted invoice user interface must be displayed to the Customer during checkout.
2. The user interface will, depending on your settlement preferences:
  1. present an exchange rate at which the Customer can elect to exchange cryptocurrency it holds for an amount of fiat currency;
  2. present the amount of cryptocurrency which the Customer can elect to transfer,

that you have requested to discharge all amounts owing by the Customer under the Transaction. Where you have elected to settle the Transaction in fiat currency, the exchange rate will be guaranteed provided the Customer makes payment within the period of time or payment window we nominate (Payment Window). If the Customer does not elect to pay within the Payment Window, then clause 5 will apply to the Transaction.

A Transaction is considered “complete” by us if:
1. it has been fully paid by the Customer;
2. the Transaction has reached the required number of block confirmations that we consider to be appropriate in the circumstances; and
3. the funds owing under the Transaction have been settled to your Account.
You may inform your Customer about the status of a Transaction before it is complete.
We will only settle completed Transactions. We will not be liable to settle Transactions which are not complete or fully paid. In other words, if you accept a payment from a Customer before the Transaction is credited by us to your Account, we are not required to settle the Transaction if we determine that the payment was fraudulent or otherwise invalid.
You agree that:
1. “the best market rate available” (or words to that effect) refers to the rate available to us at the time of the transaction, and such rate is only valid for a maximum of 10 minutes from the time the rate is displayed to you, due to the volatile nature of price fluctuations of the relevant cryptocurrency or digital asset;
2. the authorisation or processing of any Transaction does not constitute a representation or warranty from us that the Transaction is valid, legal or free from any dispute or complaint;
3. we are not responsible for verifying the accuracy or reliability of any payment request we receive from you;
4. we conduct continuous real-time monitoring and scanning of the Ecosystem activities, Transactions and user behaviour to detect and prevent fraudulent, suspicious or unauthorised activities and to comply with applicable laws including AML/CTF Laws and maintain security and integrity of the Ecosystem. By using our Services, you consent to this ongoing monitoring and scanning; and
5. we are not responsible or liable for any error, delay, malfunction or failure caused or contributed to or initiated by your point-of-sale or practice management software.
While we seek to process Transactions promptly, we may refuse to process a Transaction or delay settlement or restrict access to funds in your Account if required:
1. by applicable law; or
2. to undertake an investigation or resolve any dispute associated with the Services or any Transaction,

and we will not be liable to you for any damages or harm caused as a result of such refusal or delayed settlement or restricted access.

Without limiting clause 4(g), as part of our compliance with Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Laws) you acknowledge, agree and consent to us (or any third-party monitoring services we engage) continuously monitoring your activity in the Ecosystem (including but not limited to your Transactions) for any suspicious activity. Where we identify any suspicious activity by you or in connection with a Transaction in the Ecosystem, we may in certain circumstances or where required by applicable law:
1. submit a suspicious matter report to AUSTRAC; or
2. close, limit or suspend your account in the Ecosystem in accordance with clause 11(h)(viii).
OVERPAYMENTS AND UNDERPAYMENTS
1. In certain circumstances, a Transaction may be overpaid or underpaid. We will promptly notify the Customer about the discrepancy in accordance with the procedures set out below.
2. Underpayments occur when a Customer sends less than the full amount required to mark the Transaction as fully paid. As the Transaction is not fully paid, we will not process the payment. We will notify the Customer and provide instructions on how the underpayment can be rectified or refunded to the Customer (less any blockchain fees).
3. Overpayments occur when a Customer sends more than the full amount required to mark the Transaction as fully paid. We will either credit or convert (as the case may be) the cryptocurrency received to the extent it is required to settle the Transaction, but we will not credit or convert (as the case may be) any excess cryptocurrency we have received. The excess cryptocurrency will be returned to the Customer (less any blockchain fees). We will notify the Customer and provide instructions on how the funds can be returned.
REFUNDS
1. We will not facilitate any partial or full refund to a Customer of the initial purchase of goods or services, even where the initial purchase was paid using the Services (Refund). You will be solely responsible for facilitating Refunds to your Customers.
2. We are not responsible for your refund policies, or for verifying that such policies comply with applicable laws. This is your responsibility. We suggest you provide a clear refund policy to your Customers, which includes without limitation, an explanation of how the Refund will be denominated in fiat currencies listed in your platform. Refunds in cryptocurrency are not supported.
FEES
1. We will charge you a processing fee for each Transaction we successfully process and settle to your Account.
2. The processing fee is non-refundable and will be immediately deducted from your Account.
3. We will charge the Customer a spread fee which is associated with the exchange and network costs we incur in receiving cryptocurrency from the Customer. The spread fee is non-refundable and is included in the exchange rate quoted to the Customer.
4. You authorise us to debit from your Account any fees and other amounts you owe us under these Terms. We can effect a debit at any time without providing you notice.
5. Current fee information is provided in the Order Form which accompanies these Terms.
6. We reserve the right to change the fees for our Services at any time without prior notice to you. Any changes will be applicable to new transactions made after the change is implemented, and the new fee will be displayed prior to you making the transaction.
OBLIGATIONS TO YOUR CUSTOMERS
1. You must:
  1. comply with any obligations under the AML/CTF Laws which apply to you as a recipient of the Services;
  2. maintain all records that you are required by applicable laws to maintain with respect to the provision of goods or services to the Customer;
  3. perform all obligations owing to the Customer in respect of the amounts charged under a Transaction;
  4. not split a single Transaction into multiple Transactions to defeat any transaction limits we may impose;
  5. not make any warranty or representation to the Customer regarding us or on our behalf;
  6. clearly and prominently display any fees the Customer may incur in connection with our Services; and
  7. establish and maintain a fair policy for giving refunds or exchanging goods or services which complies with applicable laws and notify your Customers of any refund deadlines either in your after sale service policy or on your invoices or receipts.
2. We do not have a relationship with the Customer with respect to the goods or services you have provided, or agreed to provide. If we receive a complaint from a Customer with respect to your goods or services, we will refer them to you for resolution.
3. We may at any time, in our sole discretion, add or remove support for particular cryptocurrencies or digital assets by giving notice to you and you must ensure.
INTELLECTUAL PROPERTY
1. We own all right, title and interest in the Services, Account and associated software, technology tools and content and any services marks, logos, Ecosystem and other materials produced by RelayPay (RP Intellectual Property).
2. You are only permitted to use the Services, Account and RP Intellectual Property to offer a cryptocurrency payment option to your Customers in accordance with these Terms. We grant you a revocable, non-exclusive and non-transferable licence to use the RP Intellectual Property during the period you use our Services.
3. You may use our brands and logos (RP Brands) during the period you use our Services in accordance with any restrictions or brand guidelines that we may publish from time to time.
4. By providing us with any information we require to provide the Services (Content), you:
  1. grant us a non-exclusive, worldwide, royalty-free, perpetual licence (including a right of sublicence) to use, copy, modify or otherwise exploit the Content in connection with providing the Services; and
  2. warrant that you have the right to grant such licence.
5. You agree to indemnify and hold us harmless from any claim made by any third party arising out of the Content.
PROHIBITED CONDUCT AND RESTRICTIONS
1. In connection with your use of the Services, Account and your interactions with Customers and other users, you agree that you will not engage in the following Prohibited Uses. This list is non-exhaustive and we may update it from time to time. The Prohibited Uses include any actions or activities which:
  1. infringe the intellectual property or other rights of another person;
  2. are defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  3. relate to unlawful content;
  4. create a privacy or security risk to any person, including by soliciting personal information from any person;
  5. are false, misleading or deceptive;
  6. contain financial, legal, medical or other professional advice;
  7. would harm, abuse, harass, stalk, threaten or otherwise offend;
  8. would reflect negatively on us, including our goodwill, name and reputation;
  9. tampers with, hinders the operation of, or makes unauthorised modifications to the Services or Account;
  10. would breach any applicable laws; and
  11. would result in civil or criminal liability for you, us or any third party.
2. In using the Account and Services, you must not:
  1. provide us with inaccurate or incomplete information;
  2. violate any applicable laws, or use the Account or Services for any purpose that is unlawful (including, money laundering, terrorism financing, paying of ransomware, illegal gambling or other criminal activities);
  3. use the Ecosystem or Services for gambling, betting or any other similar activity;
  4. distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
  5. give any instruction or enter any transaction, or do or undertake any other activity, whether through the Services, which would or may negatively affect the performance of the Services or our reputation;
  6. do anything that will result in us breaching any applicable laws (including the AML/CTF Laws and the Corporations Act);
  7. access the Services or Account by any means other than those authorised by these Terms (including virtual private networks);
  8. use the Services or Account for the purpose of obtaining, processing, distributing, viewing, assessing, analysing, copying or replicating any information, methods or processes related to the Services or Account (including data scraping, the use of collection or accumulation tools and robotic or scripted responses);
  9. reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Account or Service’s source code, formulae or processes;
  10. collect or store data about other users of the Services; or
  11. engage in any other conduct that inhibits any other person from using or enjoying the Services.
3. We may suspend or cancel your registration, either temporarily or permanently, if you breach, or we reasonably believe you have breached this clause 10, if your account is inactive for a period longer than 12 months or based on the results of our monitoring systems. We may also treat your account as inactive if we receive bounced emails from your nominated email address. If we cancel your registration and close your account for inactivity, you can make a new account on the Ecosystem.
WARRANTIES, LIABILITY AND INDEMNITY
1. All express or implied guarantees, warranties, representations, statements, terms and conditions relating to the Account and Services that are not contained in these Terms are excluded to the maximum extent permitted by law.
2. In particular, and without limiting paragraph (a):
  1. while we endeavour to provide convenient and functional Services, we do not guarantee that your requirements will be met or that your use of the Services will be uninterrupted error free or that the Services are free of viruses or other harmful components; and
  2. we cannot be responsible for any loss, corruption or interception of data sent to or from our Services which occurs outside of our computer system (such as those which occur while being sent over the internet).
3. Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited.
4. If any guarantee, term, condition or warranty is implied into these Terms under the Australian Consumer Law or any other applicable legislation (Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for a breach of the Non-Excludable Provision is limited to the supplying of the services again, or the payment of the cost of having the services supplied again.
5. Subject to paragraphs (f) and (g) our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms or the Services whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to A$100.
6. Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
  1. special, indirect, consequential, incidental or punitive damages; or
  2. damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,

whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
You represent and warrant that:
1. the individual accepting these Terms has all necessary power, capacity and authority to bind you to the Terms;
2. you have the necessary power, capacity and ability to fulfil your obligations under these Terms;
3. your use of the Services will not contravene any applicable law or regulation;
4. all material you have provided to us is true and accurate and is not misleading or deceptive and that you will immediately notify us if this ceases to be the case;
5. you will only use the Services in accordance with these Terms;
6. you will comply with all applicable laws of Australia and any other jurisdiction in which or from which you use the Services;
7. your use of the Services and entering into transactions does not infringe the rights of any third party or any applicable law; and
8. you understand that your use of the Services may be suspended at any time at our discretion for breach of these Terms or at the request of any government authority investigating a fraud or other suspicious activity.
You agree to indemnify RelayPay and its officers, directors and employees from and against any claims, costs, losses, liabilities, damages, expenses and judgements of any kind (including legal fees on an indemnity basis) arising out of, relating to, or incurred in connection with any claim, complaint, action, audit, investigation, inquiry or other proceeding instituted by a person or entities that arises or relates to:
1. your breach of these Terms;
2. any dealings, contracts or arrangements between you and the Customer;
3. any Transaction processed by us in accordance with these Terms;
4. your refund policy or any Refund which you are required by law or otherwise to make to a Customer,

except to the extent caused or contributed by RelayPay.

LINKS AND ADVERTISTEMENTS

The Services may contain links to other third party websites and advertisements which include embedded links, which are provided for your information only. We have not reviewed any of the sites linked to the Services and are not responsible for the content or accuracy of any offsite pages or any other sites linked to the Services. The inclusion of any link or advertisement does not imply that we endorse or approve the linked site or the subject matter of the advertisement. You access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

PRIVACY
1. In using the Services, you may give us personal information about your Customers. You warrant that you have obtained consent or are otherwise authorised by the Customer to allow us to collect, store, use and disclose their personal information in accordance with our privacy policy (see here).
2. Our privacy policy explains:
  1. how we store and use, and how customers may access and correct their personal information;
  2. how complaints can be made regarding our handling of personal information; and
  3. how we will handle any complaint.
DISPUTE RESOLUTION
1. If you wish to make a complaint about the Services, including any payment functions or our complaints process, you can contact us as set out in clause 19 or via the contact function on the Ecosystem. Please include your name, email address and/or telephone number and set out as much information as possible concerning your complaint.
2. We treat all information submitted in connection with a complaint in confidence. Any information collected during the internal dispute resolution process is collected for the purpose of evaluating and improving the process.
3. We seek to acknowledge receipt of all complaints within 5 business days and resolve all complaints within 30 days. This may not be possible in all circumstances and will depend on the nature of any particular complaint.
4. We may contact you to discuss your complaint and may ask you to provide additional information.
5. Where we cannot resolve a complaint within 30 days, we will notify you of the reasons for the delay and we will provide you with an indication of when we expect to resolve the complaint.
6. We will give you a written response to your complaint and the reasons for reaching a particular decision.
7. If you believe that we have failed to address your complaint satisfactorily, you have the right to refer the matter to the Australian Financial Complaints Authority (AFCA) directly. AFCA provides fair and independent financial services complaint resolution service that is free to you. AFCA can be contacted at: Phone: 1800 931 678 Web: www.afca.org.au Email: [email protected] Write: Australian Financial Complaints Authority, GPO Box 3, Melbourne 3001. If you choose to lodge a complaint with AFCA, it must be lodged within two years from the date of our final response to your complaint.
VARIATION
1. We may from time to time and without notice, vary, modify or discontinue (temporarily or permanently), any or all of the Services.
2. We may unilaterally vary these Terms from time to time. We will display a notice on the Ecosystem (and notify you by means of your nominated communication method if you are receiving the Services) indicating when any such revisions have been made. By continuing to access the Services once the revised Terms have become effective, you agree to be bound by such revised Terms. If you do not agree to the revised Terms you must not access the Services and you should contact us at [email protected] to terminate these Terms.
TAXES

You are solely responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with the use of the Services. You also are solely responsible for collecting, withholding, reporting, and remitting correct taxes to the appropriate tax authorities. We are not obligated to nor will we determine whether taxes apply, nor calculate, collect, report, or remit any taxes to any tax authorities arising from any transaction.

GENERAL
1. If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
2. The payment components of the Services that are NCP facilities for the purposes of the Corporations Act operate on a per transaction basis and do not have an applicable expiry date as the facility is not an ongoing NCP facility provided to you. However, for the avoidance of doubt this does not reduce or remove our right to discontinue providing the Services.
3. These Terms are governed by the laws of New South Wales, Australia. If you are a resident in Australia, each party submits to the non-exclusive jurisdiction of the courts of the State or Territory in which you ordinarily reside. If you are not resident in Australia, each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
4. These Terms supersede all previous agreements, understandings, negotiations, representations and warranties about its subject matter and embodies the entire agreement between the parties about its subject matter.
5. Neither party will be liable for any failure or delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond that party’s reasonable control.
6. Your use of the Ecosystem and Services is conducted electronically, and you agree that we may communicate with you electronically for all aspects of your use of the Services, including sending you electronic notices.
7. The provisions of these Terms which by their nature survive termination or expiry of these Terms will survive termination or expiry of these Terms.
8. No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
9. The word “including” when used in these terms of use is not a term of limitation.
CONTACT US

For further information about the Ecosystem, the Services, these Terms, or to make a complaint, please contact us the details set out below.

Attention: Customer support

Company: Relay Ventures Pty Ltd (ACN 630 143 823)

Email: [email protected]

Using the Ecosystem comes with risks, and you should understand that there are inherent risks associated when trading with cryptocurrency or any other digital assets, including NFTs. Cryptocurrency and digital asset prices are extremely volatile, and there is significant risk posed by cyber fraud. You agree that using the Ecosystem is at your own risk. You are fully responsible for verifying the identity, legitimacy, and authenticity of any cryptocurrency or digital assets including NFTs that you may purchase on any digital asset trading exchange or platform, and we make no claims about the identity, legitimacy, functionality, or authenticity of users or digital assets including NFTs (and any content associated with such NFTs) visible on the Ecosystem.

1. Terms of Use

Thank you for visiting our website (Website) and/or using our RelayPay app (App). This Website and the App (collectively, Ecosystem) is operated by Relay Ventures Pty Ltd (ACN 630 143 823) and provides access to the services offered by Relay Ventures Pty Ltd and/or its subsidiaries and affiliates (referred to as “RelayPay”, “we”, “our” or “us”).
These terms of use (Terms) govern your use of the Ecosystem and the RelayPay online, exchange and payment services provided to you through the Ecosystem (Services). Please read these Terms carefully.
These Terms were prepared by Relay Ventures Pty Ltd (ACN 630 143 823, AFS Representative No. 001305063) who is an authorised representative of Flash Partners Pty Ltd (ACN 607 885 941, AFSL 480 834, contactable at [email protected]) (Flash Payments). As an authorised representative of Flash Payments, we will be authorised to deal in, make a market in, and provide general financial product advice on, the financial products or financial services in our Ecosystem. Please refer to our Product Disclosure Statement, Target Market Determination and Financial Services Guide for further information.
By accessing or using the Ecosystem you agree to be bound by these Terms. You should immediately cease using the Ecosystem if you do not agree to these Terms.
By clicking “I Agree”, creating an account or accessing or using any part of the Services, you agree to be bound by these Terms. You must not use the Services if you do not agree to these Terms.
The Ecosystem and Services are intended for users within Australia only.

2. Registration

2.1 Registration

You are not required to register to use the Ecosystem. However, certain features on the Ecosystem (including the Services) may only be available if you do register.
When you register, you must provide a valid email address, a mobile number and a password. You must keep your email address and password private, and not disclose them to any other person. If you have lost or forgotten your password, you can request that we send an email containing a password reset link to your registered email address.
You may cancel your registration by notifying us at [email protected]
We may suspend or cancel your registration, either temporarily or permanently, if you breach, or we reasonably believe you have breached, any of these Terms.

2.2 Eligibility

To create an account and use the Services you must be at least 18 years of age. By creating an account and using the Services you represent and warrant that you are at least 18 years of age.

2.3 Anti-money laundering and counter-terrorism financing

Relay Ventures Pty Ltd (ACN 630 143 823) is registered with the Australian Transaction Reports and Analysis Centre (AUSTRAC) as a digital currency exchange service provider (DCE100597854-001).
We are required to comply with anti-money laundering and counter-terrorism financing laws, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) (AML/CTF Laws).
Prior to providing the Services to you, we will collect and verify your personal information as required under the AML/CTF Laws. We may also report your transaction activity to AUSTRAC.
You acknowledge and agree to provide all reasonable assistance to us in complying with our obligations under the AML/CTF Laws. We may refuse to provide the Services to you and cancel your registration if you do not assist us in complying with the AML/CTF Laws.
Our processes for collecting, storing and using your personal information is set out in our privacy policy. See section 13 for more information.
As part of our compliance with AML/CTF Laws you acknowledge, agree, and consent to us (or any third-party monitoring services we engage) continuously monitoring your activity in the Ecosystem (including but not limited to your wallets and transactions) for any suspicious activity. Where we identify any suspicious activity by you or in connection with a transaction of yours in the Ecosystem, we may in certain circumstances or where required by Law:

i. submit a suspicious matter report to AUSTRAC; or

Ii. close, limit or suspend your account in the Ecosystem in accordance with clause 5.5(h).

You acknowledge and agree that regardless of whether transactions were processed and completed by you previously, where we consider current activity suspicious based on our ongoing monitoring procedures, we may take necessary action in accordance with clause 2.3(f).

3. Use of content on the website

The Ecosystem is subject to copyright and possibly other intellectual property rights.
We grant you a limited, non-transferable licence to access and use the Ecosystem solely for your personal, non-commercial purposes.
We (or our licensors) retain all rights, title, and interest in and to the Ecosystem, and nothing you do on or in relation to the Ecosystem or in connection with the Services will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any intellectual property rights unless this is expressly stated.
Except as provided in these Terms, any use or copying of the Ecosystem for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us if you wish to seek such consent (see section 18 for contact details).
Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny your access to or use of the Ecosystem without notice if you breach, or we reasonably believe you have breached, any of these Terms.

4. Linking to the ecosystem

We encourage you to provide links to the Ecosystem. While you may use the name “RelayPay” in the text of any such link, you may not use the RelayPay logo or any of our other trademarks without our prior written consent.
You must not frame the Ecosystem or represent or imply that any part of the Ecosystem belongs to anyone other than us.
If we notify you that we object to the manner in which you provide links to this Ecosystem, you must immediately cease providing such links.

5. Service terms

5.1 Exchange services

In providing Services relating to facilitating the exchange of cryptocurrency for fiat currency (and vice versa) and subsequently transferring the fiat currency to your nominated payment destination (as set out in paragraph (h)) or cryptocurrency to your wallet address (as the case requires), we may provide to you a service that matches offers made by you to buy or sell cryptocurrencies with opposing offers made by nominated third party service providers (Exchange Dealers).
You agree, authorise, direct and consent to us:

I. communicating any offer submitted by you using the Services to buy cryptocurrency from Exchange Dealers in exchange for fiat currency at a nominated exchange rate (Buy Offer);

Ii. communicating any offer submitted by you using the Services to sell cryptocurrency to Exchange Dealers in exchange for fiat currency at a nominated exchange rate (Sell Offer);

Iii. matching your Buy Offer or Sell Offer with opposing offers by Exchange Dealers to accept your fiat currency to purchase their cryptocurrency or to purchase your cryptocurrency for fiat currency (as the case requires) at a corresponding exchange rate; and

iv. communicating to you the acceptance of a Buy Offer or Sell Offer by an Exchange Dealer.

You acknowledge and agree that each transaction relating to a Buy Offer or Sell Offer constitutes a transaction as between you and RelayPay as principal. RelayPay facilitates transactions with you through back-to-back transactions with Exchange Dealers that may correlate to transactions entered into with you, however RelayPay is not acting on your behalf in relation to a transaction with an Exchange Dealer. All monies owed by you under a transaction are owed to us as a principal counterparty and not to any other person. You do not have any relationship or engage in any transaction directly with an Exchange Dealer through the Services.
Cryptocurrency may only be exchanged for Australian dollars using the Services. We may support Australian dollars and other fiat currencies to be exchanged for cryptocurrency using the Services. Supported fiat currencies may be varied from time to time (in our absolute discretion).
All Buy Offers or Sell Offers are irrevocable once submitted. We may (in our absolute discretion) but are not required or obliged to, stop, refund, suspend or reverse any change of fiat currency into cryptocurrency or cryptocurrency into fiat currency, or any BPAY payment or electronic funds transfer made on your behalf. We may refund or reverse (if possible for us to do so) any charge of fiat currency into cryptocurrency or cryptocurrency into fiat currency, or any BPAY payment or electronic funds transfer made on your behalf where the charge is not permitted under these Terms.
You acknowledge and agree that once a Buy Offer is accepted by us and an Exchange Dealer, you must pay the corresponding amount of fiat currency specified in the Buy Offer via one of our supported payment methods (Fiat Currency Payment). Once we have received confirmation that the Fiat Currency Payment has been received by us, we will facilitate the corresponding transfer of cryptocurrency to your nominated cryptocurrency wallet address (Cryptocurrency Transfer). You must provide us with your nominated cryptocurrency wallet address details prior to the Buy Offer being accepted. You must provide a valid cryptocurrency wallet address and must not nominate a smart contract wallet address (see section 5.4).
You acknowledge and agree that once a Sell Offer is accepted by us and an Exchange Dealer, you must transfer the corresponding type and amount of cryptocurrency specified in the Sell Offer to the nominated cryptocurrency wallet (Cryptocurrency Payment). We will provide you with the relevant cryptocurrency wallet address at the time a Sell Offer is accepted. Once we have received confirmation that the Cryptocurrency Payment has been received by us or the Exchange Dealer, we will facilitate the corresponding transfer of fiat currency to your nominated payment destination (as set out in paragraph (h)) (Fiat Currency Transfer). You must not transfer cryptocurrency from a smart contract wallet address (see section 5.4).
You may nominate the payment destination to which a Fiat Currency Transfer is made, including:

i . PayID or electronic funds transfer (EFT) to an Australian bank account; or
Ii. BPAY payment to a BPAY biller.

5.2. BPAY Payments

As part of the Services, we may provide to you a service whereby you can make payments in Australian fiat currency using BPAY to a BPAY biller (BPAY Payments).
We will make a BPAY Payment, on your behalf in accordance with your instructions, only if:

i. you connect your cryptocurrency wallet to your account in the Ecosystem, or you otherwise insert the cryptocurrency wallet address for the transaction as the withdrawal address and otherwise arrange for all necessary permissions concerning your cryptocurrency wallet for the transaction to occur;

ii. you have the amount of selected crypto assets in your cryptocurrency wallet to be converted to the requested Australian fiat currency value, minus any applicable fees (see section 6);

iiii. you have specified the amount you would like to pay and provided us with a valid ‘Biller Code’ and ‘Reference’;

iv. the BPAY Payment services are accessible.

c. All BPAY Payments (and the relevant conversion of crypto assets into Australian fiat currency) are irrevocable once submitted. We may (in our absolute discretion) but are not required or obliged to, stop, refund, suspend or reverse any BPAY Payment.

5.3 Purchase and use of Gift Cards

RelayPay partners with third party gift card providers (Gift Card Providers) to offer gift cards, gift certificates, and other forms of prepaid access and stored value (each a Gift Card) which you may purchase via RelayPay website. Prior to purchasing a Gift Card, please check and be aware of any expiry date, jurisdiction limitation and any disclaimers given by the issuer of the Gift Card (Gift Card Issuer) or the Gift Card Providers. It is your responsibility to carefully read and observe all terms, conditions, and disclosures relating to your purchase and use of the Gift Card. Except where required by applicable laws, we are unable to refund a Gift Card under any circumstance that is not set forth herein. After you purchase a Gift Card, you will receive the redemption instructions via email at the email address that you last provided to us through appropriate channels and as evidenced in our records (Gift Card Redemption Instructions). You may then redeem the Gift Card in accordance with the Gift Card Redemption Instructions. (https://www.giftabenefits.com/terms-condition)
Your order and use of the Gift Card is fulfilled and delivered by the Gift Card Provider https://www.giftabenefits.com/index.php/gifta-cards, if you encounter any issues arising from the Gift Card, including the redemption of the Gift Card, we will assist you in contacting the Gift Card Provider to resolve the issues. Notwithstanding the foregoing, we shall not be responsible for the delivery or your use of or redemption of the Gift Card.
The risk of loss and title for Gift Cards pass to you upon the electronic transmission or transfer of the Gift Card to you or the designated recipient. You are solely responsible for safeguarding the Gift Card from unauthorized use and RelayPay shall not be responsible if any Gift Card is lost, stolen, destroyed, or otherwise used without your permission. You agree that the Gift Card Provider and/or the Gift Card Issuer are responsible for any local requirements that relate to the respective Gift Card(s) that they provide, issue, or otherwise make available, and that any discrepancy associated with such local requirements shall be disputed between you and the Gift Card Provider and/or Gift Card Issuer.
In the event that a Gift Card Provider or Gift Card Issuer assigns the benefit of its credits to a third party, is declared insolvent, or has appointed or arranged to appoint a receiver or trustee in bankruptcy to take charge of all or part of its property and is therefore unable to fulfil your use or redemption of the Gift Card, except as expressly stated herein or otherwise provided by any applicable laws’ consumer protection regime, RelayPay shall not be obliged to and will not refund to you the purchase value of the Gift Card and there is a chance that you are unable to recover any amount from the Gift Card Provider or Gift Card

5.4 EFT

We will transfer Australian dollars to the bank account nominated by you, on your behalf in accordance with your instructions, only if:

you have provided us with valid Australian bank details (including applicable Bank-State-Branch number and account number) that corresponds to an Australian bank account; and
our banking provider network is available.

5.5 Transactions generally

A Fiat Currency Transfer will generally be completed in accordance with the following timeframes.

Delivery method - Expected timeframe

Electronic funds transfer: Within 1 business day

BPAY payment: Within 1 business day

Cryptocurrency Transfers are subject to the block processing times of the applicable network supporting the relevant cryptocurrency, which vary and cannot be accurately estimated. However, Cryptocurrency Transfers have historically completed within 1 day.
A BPAY Payment will generally be completed within 1 business day.
Subject to clause 11 and to the extent permitted by law, we will not be liable to you or any other party for any loss, cost, damage, expense, fees, charges or liability suffered or incurred in relation to using the Services including:

i. any delayed or failed Cryptocurrency Payment or Cryptocurrency Transfer due to congestion on any cryptocurrency network or any other circumstances beyond our control;

ii. you transferring cryptocurrency to the wrong account address or another account address other than an address provided by us in relation to the relevant Cryptocurrency Payment

iii. us transferring cryptocurrency to the wrong account address as a result of you providing us with the wrong account address details to which we will transfer cryptocurrency for a Cryptocurrency Transfer;

iv. loss of cryptocurrency as a result of you nominating a smart contract wallet address or attempting to transfer cryptocurrency from a smart contract wallet address;

v. any fluctuations in the market price of any cryptocurrency used in relation to the Services;

vi. any circumstances that are beyond our control that cause any delays in the timeframes set out in paragraphs (a) to (c) to complete a Fiat Currency Payment, Fiat Currency Transfer or BPAY Payment;

vii. any fees or charges including late fees, dishonour fees and interest incurred by you or any other party in relation to any bills or any transactions. You are responsible for any fees and charges including any late fees, dishonour fees or interest incurred in relation to your bill or charged by your nominated financial institution;

viii. where you are using ‘layer 2 networks’, any failure by you to ensure that your wallet is compatible with your chosen network, or failure to select the correct network;

ix. where you have chosen a cryptocurrency network that requires MEMO or destination tag information, any failure by you to provide an accurate MEMO or destination tag:

x. your reliance on the estimated crypto/fiat exchange rate as it is indicative only, and the effective crypto/fiat exchange rate (which is the exchange rate at which conversion will occur) will be confirmed at the quote stage, before you confirm the relevant transaction;

i. you entering incorrect details in any of your instructions to us; and

ii. you or any other party not receiving or being satisfied with the goods or services provided by the biller/recipient which are the subject matter of the bill being paid using the Services.

Subject to clause 11, we are not liable for mistaken, delayed or unauthorised payments on your behalf. In the event that BPAY or the receiving financial institution rejects or otherwise returns any payment to us, we will repay that amount of Australian dollars to you.
You acknowledge and agree that you are not entitled to claim any amount of Australian dollars received in exchange for the cryptocurrency you transfer to an Exchange Dealer with regard to any instruction. If the amount of Australian dollars actually received by us from an Exchange Dealer in relation to a Buy Offer or Sell Offer is different to the amount of Australian dollars that is required to pay a bill:

I. you will pay the difference if the amount received by us is less than what is required and we will have no obligation to pay this difference. If the amount received by us is less than what is required you will be asked to contact support and may be advised to pay the difference directly with the biller; or

Ii. we will keep the difference if the amount received by us is more than required and such amount shall be deemed an irrevocable ex gratia payment by you to us.

You will be able to see the details of your transactions through the Services on your online account. This includes being able to see at least your past ten (10) transactions.
Despite any other provision in these Terms, we retain the right to suspend or refuse to provide the Services to you (including by suspending or closing your account) for any reason, such right to be exercised in our sole and absolute discretion.
As part of our ongoing commitment to reducing harm from scams, certain features or Services may be unavailable to you until you have spoken to one of our representatives. We may also suspend transactions that we consider to be suspicious or unusual (in our sole discretion). You will be made aware if this is the case, and what steps can be taken (if any) to proceed with the transaction. This may include, but is not limited to, a video consultation with one of our representatives.
If you believe you have been the victim of a scam, please contact us immediately. We are currently taking the following scam prevention measures:

I. because the ACCC has reported that Australians over 55 years old are more susceptible to romance-baiting and investment scams, any new user over the age of 55 must have a video consultation with one of our representatives before they can access to the following features: (1) buy crypto.

You acknowledge and agree that we are not responsible for, and you release us from any and all liability for any funds lost, delayed or misallocated in a transaction as a result of you:

i. providing incorrect details of your nominated bank account or wallet information; or

Ii. selecting the wrong cryptocurrency network for a transaction,

we will use reasonable endeavours to assist you in recovering or retrieving such funds, however we cannot guarantee a successful outcome.

5.6 Transaction limits

All transactions for the exchange of fiat currency for cryptocurrency through the Services must not exceed A$100,000 per transaction.
All transactions for the exchange of cryptocurrency for fiat currency and a subsequent Fiat Currency Transfer to your Australian bank account under clauses 5.1(h) and 5.3 through the Services must not exceed A$100,000 per transaction.
All transactions for the exchange of cryptocurrency for fiat currency and a subsequent Fiat Currency Transfer to a BPAY Biller under clauses 5.1(h) and 5.2 through the Services must not exceed A$1,000 per transaction.
We do not process transactions that will go through a ‘coin mixer’, ‘tumbler’ or other similar technology. We reserve the right to suspend, refuse and return any transactions that involve these technologies. If you attempt to transact with any funds that we determine (in our absolute discretion) have gone through a ‘coin mixer’, ‘tumbler’ or other similar technology, we may refund you any amounts that we have received where possible to do so.
Other transaction limits may apply, including those imposed by third parties (e.g., BPAY). We will notify you prior to entering into any transaction if the proposed transaction exceeds any applicable transaction limits.
You must not direct us to make any payment that exceeds the limits set out in this clause 5.5. You acknowledge and agree that we may refuse any direction by you to make a payment that exceeds the limits set out in this clause 5.5 and we will not be liable to you for any loss resulting from such refusal.

6. Fees

6.1 Service fees

We do not charge you fees to use the Services. We seek to cover our costs to provide the Services to you through cryptocurrency to fiat (and vice versa) spreads that can be obtained through our Exchange Dealers.

6.2 Processing fees

Some payment methods include fees that cover the processing costs of providing these methods. These fees can vary from time to time. We will disclose and update the processing fees on our FAQs page here. Processing fees will be added to the total amount payable by you in relation to a transaction. We will not charge you a processing fee exceeding the processing costs applicable to us. Processing fees are non-refundable.

6.3 Changes to our fees

We reserve the right to change the fees for our Services at any time without prior notice to you. Any changes will be applicable to new transactions made after the change is implemented, and the new fee will be displayed prior to you making the transaction.

7. Legal status of cryptocurrencies

The legal status of cryptocurrencies (including cryptographic coins, tokens and digital assets) remains uncertain in many countries and jurisdictions around the world. Such cryptocurrencies may be legally prohibited in certain countries or jurisdictions, or be subject to specific restrictions and limitations with which you are solely responsible for complying at your own risk and expense. We take no position on the legal status of any cryptocurrency.
It is your responsibility to undertake your own investigations and enquiries and satisfy yourself of the legal status of the cryptocurrency (particularly in Australia). You acknowledge and agree that you use cryptocurrencies through the Services at your own risk.
The Services will only support the cryptocurrencies or digital assets we determine from time to time (in our absolute discretion). However, it is your responsibility to ensure that you do not use any cryptocurrencies through the Services that are financial products within the meaning of the Corporations Act. It is also your responsibility to ensure that you do not deal in any financial product cryptocurrencies through the Services. We will not support financial products in any form
We may at any time, in our sole discretion, add or remove support for particular cryptocurrencies or digital assets by giving notice to you.

8. User content

You must not provide any material through the Ecosystem (Your Content) that:

i. infringes the intellectual property or other rights of another person;

Ii. is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

iii. relates to unlawful content;i

Iv. creates a privacy or security risk to any person, including be soliciting personal information from any person;

v is false, misleading or deceptive;

vi. contains financial, legal, medical or other professional advice;

vii. would harm, abuse, harass, stalk, threaten or otherwise offend;

viii. would reflect negatively on us, including our goodwill, name and reputation;

ix. tampers with, hinders the operation of, or makes unauthorised modifications to the Ecosystem or Services;

x. would breach any applicable laws;

xi. would result in civil or criminal liability for you, us or any third party

b. By providing us with any of Your Content, you:

i. grant us a non-exclusive, worldwide, royalty-free, perpetual licence (including a right of sublicence) to use, copy, modify or otherwise exploit Your Content in connection with our provision and promotion of the Ecosystem or Services; and

ii. warrant that you have the right to grant such licence.

c. You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from any claim made by any third party arising out of Your Content

d. We may, without notice to you, review, modify or remove any of Your Content in our absolute discretion including where we believe it violates these terms of use.

e. Our Ecosystem is not designed to be a long-term storage medium. You are solely responsible for securing and backing up Your Content.

9. General restrictions

In using the Ecosystem and Services, you must not:

provide us with inaccurate or incomplete information;
violate any applicable laws, or use the Ecosystem or Services for any purpose that is unlawful (including, money laundering, terrorism financing, paying of ransomware, gambling or other criminal activities);
use the Ecosystem or Services for gambling, betting or any other similar activity;
distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
give any instruction or enter any transaction, or do or undertake any other activity, whether through the Services, which would or may negatively affect the performance of the Ecosystem or Services or our reputation;
do anything that will result in us breaching any applicable laws (including the AML/CTF Laws and the Corporations Act);
access the Ecosystem or Services by any means other than those authorised by these terms of use (including virtual private networks);
use the Ecosystem or Services for the purpose of obtaining, processing, distributing, viewing, assessing, analysing, copying or replicating any information, methods or processes related to the Ecosystem or Services
(including data scraping, the use of collection or accumulation tools and robotic or scripted responses);
reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Ecosystem or Service’s source code, formulae or processes;
collect or store data about other users of the Ecosystem or Services; or
engage in any other conduct that inhibits any other person from using or enjoying the Ecosystem or Services.
We may suspend or cancel your registration, either temporarily or permanently, if you breach, or we reasonably believe you have breached this clause 9 or if your account is inactive for a period longer than 12 months. We may also treat your account as inactive if we receive bounced emails from your nominated email address. If we cancel your registration and close your account for inactivity, you can make a new account on the Ecosystem.

10. Warranties and liability

10.1 General

All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these terms of use and the Ecosystem and Services that are not contained in these terms of use, are excluded to the maximum extent permitted by law.
In particular, and without limiting paragraph (a):

i. while we endeavour to provide convenient and functional Ecosystem and Services, we do not guarantee that your requirements will be met or that your use of the Ecosystem or Services will be uninterrupted error free or that the Ecosystem and Services are free of viruses or other harmful components; and

ii. we cannot be responsible for any loss, corruption or interception of data sent to or from our Ecosystem which occurs outside of our computer system (such as those which occur while being sent over the internet).

c. We recommend that you install and use up to date anti-virus, anti-spyware and firewall software on your computer.

d. Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited.

e. If any guarantee, term, condition or warranty is implied into these terms of use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for a breach of the Non-Excludable Provision is limited to the supplying of the services again, or the payment of the cost of having the services supplied again.

f. Subject to paragraphs (g) and (h) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms or the Ecosystem whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to A$100.

g. Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:

i. special, indirect, consequential, incidental or punitive damages; or

Ii. damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,

h. whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

I. Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

10.2 Your Warranties

You represent and warrant that:

you will only use the Services in accordance with these Terms;
you are duly authorised and have the capacity to provide each instruction and enter into each transaction using the Services;
you will comply with all applicable laws of Australia and any other jurisdiction in which or from which you give instructions or enter transactions using the Services;
all cryptocurrency amounts are sourced from legal origins that you own or otherwise have full legal authority to deal with the cryptocurrency;
your use of the Services and entering into transactions does not infringe the rights of any third party or any applicable law; and
you understand that your use of the Services may be suspended at any time at our discretion:

i. for breach or suspected breach of these Terms;

ii. we suspect that you are the victim, or potential victim, or a scam or criminal activity; or

iii. at the request of any government authority investigating a fraud or other suspicious activity.

11. Links and advertisements

The Ecosystem and Services may contain links to other third party websites and advertisements which include embedded links, which are provided for your information only. We have not reviewed any of the sited linked to the Ecosystem or Services and are not responsible for the content or accuracy of any offsite pages or any other sites linked to the Ecosystem or Services. The inclusion of any link or advertisement does not imply that we endorse or approve the linked site or the subject matter of the advertisement. You access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

12. Privacy

In using the Ecosystem and Services, you may give us personal information. By using the Ecosystem and Services, you grant us consent to collect, store, use and disclose such personal information in accordance with our privacy policy (see here).
You are not required to provide us with your personal information, but if you do not, we may be unable to provide you with some or all of our services (including the Services).
Our privacy policy explains:

i. how we store and use, and how you may access and correct your personal information

Ii. how you can lodge a complaint regarding the handling of your personal information; and

Iii. how we will handle any complaint.

d. You may update any personal information you have given us at any time through your account on the Ecosystem.

13. Infringing or objectionable content

If you believe the Ecosystem or Services contain elements that are objectionable, or infringe copyright or any other rights please contact us at [email protected] and provide particulars of such content and a detailed description of why it is objectionable or infringing.

14. Dispute resolution

We are committed to dealing with customer complaints promptly and resolving issues in accordance with our policies.
If you wish to make a complaint about the Services, including any payment functions or our complaints process, you can contact us as set out in section 18 or via the Contact function on the Ecosystem. Please include your name, email address and/or telephone number and set out as much information as possible concerning your complaint.
We treat all information submitted in connection with a complaint in confidence. Any information collected during the internal dispute resolution process is collected for the purpose of evaluating and improving the process.
We seek to acknowledge receipt of all complaints within 5 business days and resolve all complaints within 30 days. This may not be possible in all circumstances and will depend on the nature of any particular complaint.
We may contact you by the contact information provided by you to discuss your complaint and may ask you to provide additional information.
Where we cannot resolve a complaint within 30 days, we will notify you of the reasons for the delay and we will provide you with an indication of when we expect to resolve the complaint.
We will give you a written response to your complaint and the reasons for reaching a particular decision.
If you believe that we have failed to address your complaint satisfactorily you have the right to refer the matter to the Australian Financial Complaints Authority (AFCA) directly. AFCA provides fair and independent financial services complaint resolution service that is free to you. AFCA can be contacted at: Phone: 1800 931 678 Web: www.afca.org.au Email: [email protected] Write: Australian Financial Complaints Authority, GPO Box 3, Melbourne 3001. If you choose to lodge a complaint with AFCA, it must be lodged within two years from the date of our final response to your complaint.

15. Variation

We may from time to time and without notice, vary, modify or discontinue (temporarily or permanently), any or all of the Ecosystem or Services.
We may unilaterally vary these Terms from time to time. We will display a notice on the Ecosystem (and notify you by means of your nominated communication method if you are receiving the Services) indicating when any such revisions have been made. By continuing to access the Ecosystem or use the Services once the revised Terms have become effective, you agree to be bound by such revised Terms. If you do not agree to the revised Terms, you must not access the Ecosystem or any of the Services and you should contact us at to cancel your registration.

16. General

Additional terms and conditions may apply to specific aspects, services or features of the Ecosystem or Services. All such terms and conditions apply in addition to, and prevail over, these Terms.
If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
The payment components of the Services that are NCP facilities for the purposes of the Corporations Act operate on a per transaction basis and do not have an applicable expiry date as the facility is not an ongoing NCP facility provided to you. However, for the avoidance of doubt this does not reduce or remove our right to discontinue providing the Services.
These Terms are governed by the laws of New South Wales, Australia. If you are a resident in Australia, each party submits to the non-exclusive jurisdiction of the courts of the State or Territory in which you ordinarily reside. If you are not resident in Australia, each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
Nothing in these Terms limits any liability we or you may have in connection with any representations or other communications (either oral or written) made prior to these Terms, where such liability cannot be excluded (including under section 18 of the Australian Consumer Law).
Subject to paragraph (e), these Terms supersede all previous agreements, understandings, negotiations, representations and warranties about its subject matter and embodies the entire agreement between the parties about its subject matter.
Neither party will be liable for any failure or delay in performing any of its obligations under these Terms if such delay is cause by circumstances beyond that party’s reasonable control.
Your use of the Ecosystem and Services is conducted electronically, and you agree that we may communicate with you electronically for all aspects of your use of the Ecosystem and Services, including sending you electronic notices.
The provisions of these Terms which by their nature survive termination or expiry of these Terms will survive termination or expiry of these Terms
J. payment components of the Services that are NCP facilities for the purposes of the Corporations Act operate on a per transaction basis and do not have an applicable expiry date as the facility is not an ongoing NCP facility provided to you. However, for the avoidance of doubt this does not reduce or remove our right to discontinue providing the Services.
No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
The word “including” when used in these terms of use is not a term of limitation.

17. Referral program

17.1 How to earn RelayPay referral rewards:

Visit our Referrals page to find your personal referral link.
Send your referrals in a direct email, or copy the link to share it via text message and social messaging apps like Instagram, Twitter and WhatsApp.
Friends can then click your referral link and sign up for a RelayPay account.
Once signed in, referrals need to complete a buy or sell transaction using their new RelayPay account.

Some important details:

You must have an existing RelayPay account.
Your friends also must not have an existing RelayPay account.
You cannot refer yourself on multiple RelayPay accounts.
You will earn an amount equal to 0.10% of the value of their Eligible Transactions (in AUD, exclusive of service fees, transaction charges and taxes), which are limited to the following:some text
- buy transactions;
- crypto to fiat sell/transfers to that friend’s own bank account, but not any third-party account;
- BPAY transactions under $1,000 AUD; and
- gift card purchases under $1,000 AUD,
- and for the avoidance of doubt this means that you will not earn referral fees on any other transaction types, including but not limited to merchant payments, third-party bank transfers, BPAY transactions over $1,000 AUD or gift card purchases over $1,000 AUD.
We may, at our discretion by giving notice to you at any time, amend the list of Eligible Transactions or the terms of this referral program (including to close the program) or where otherwise required by law. We may also cease paying referral fees to you at any time where: some text
- a change in law, or a regulatory authority, makes it illegal to do so;
- we are acquired by a bona fide third-party purchaser;
- cease our business operations; or
- experience an insolvency event, such as entering liquidation or other form of administration.
Your personal referral link does not expire and each additional successful referral will add to your RelayPay referral earnings.
If your friend closes their RelayPay account and then later signs up for another RelayPay account without using your personal referral link, we do not have any obligation to pay referral fees to you on any transactions made under that new RelayPay account.
Monitor your incoming referral earnings by visiting the RelayPay My Profile page.
Please note, the minimum referral earnings withdrawal is $100.00 AUD, if your referral account balance is less than this amount, we encourage you to continue referring friends.

17.2 Why haven’t I received my referral rewards?

Possible reasons you or your referrals are not eligible for RelayPay rewards:

All referrals must sign up via your personal referral link. Meaning they must open a new RelayPay account by directly clicking on your unique link. Referrals are not successful if the invitee opens an account using the regular RelayPay sign up.
All referrals must complete a successful transaction in order to qualify for referral rewards. Incomplete transactions will not count towards RelayPay referral rewards.
Referral rewards are only paid once the referred account is verified and has completed an initial buy or sell transaction. The buy or sell transaction must be completed, meaning the funds are delivered to the account (transactions can take between 30 minutes to 48 hours to complete). Your RelayPay reward balance will continue to grow with each additional transaction made, by each individual referred account.
RelayPay will not pay out referral rewards on duplicate or unverified accounts. Duplicate or shared accounts will result in disqualification.
If a referral fails to complete an initial transaction requirement, RelayPay rewards will not begin until they have completed a transaction.

17.3 Referral Program Terms and Conditions

Promoting a personal referral link through the use of paid advertising on 'RelayPay' or related keywords is prohibited. This includes, but is not limited to, bidding or running ads on search brand keywords that include 'RelayPay' or similar variations and using 'RelayPay' branded terms in your ad copy, is not appropriate. Referrers who engage in such activities will have their referral codes deactivated and all referrals resulting from such activities are ineligible for referral payments.

17.4 Disclaimer

Unfortunately, RelayPay cannot guarantee rewards for every account you refer due to the conditions mentioned above. In addition, RelayPay reserves the right to change the terms of the RelayPay referral program at any time due to changing market conditions, risk of fraud, or other reasons. By participating in the referral program, you acknowledge that receiving reward payouts is conditional and not guaranteed by RelayPay.

18. Contact us

For further information about the Ecosystem, the Services, these Terms, or to make a complaint, please contact us the details set out below.

Attention: Customer support

Company: Relay Ventures Pty Ltd (ACN 630 143 823)

Email: [email protected]

Last Updated: 11 October 2024