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Issued by Omipay Global Pty Ltd (ACN 627 614 886)

Australian Financial Services Licence No. 495025

Issue Date: 1st March 2021

**FOR INDIVIDUAL AND BUSINESS CUSTOMERS ONLY**

Suite 3603, Level 36, 201 Elizabeth St, Sydney, NSW 2000

T 1300 016 666 | E info@monixfin.com | W http://www.monixfin.com/

About us and this document

This document is a User Agreement (“Agreement”) issued by Omipay Global Pty Ltd ACN 627 614 886 (“Omipay Global”, “we” or “us”). Omipay Pty Ltd ACN 612 481 768 is authorised by the Australian Securities & Investments Commission and holds an Australian Financial Services Licence (AFSL) 495025. Omipay Global is an Authorised Representative of Omipay (Authorised Representative Number: 001274459). The purpose of this Agreement is to help the entity or person (“you”, “your”, or “User”) to understand the financial services and financial products that we provide.

This Agreement describes the terms and conditions for your Monix Account and its related services that you need to know before your use of the Products.

Omipay Global is a financial services company that integrates a wide range of major international mobile payment methods through a non-cash payment platform. We dedicated to providing customised industry payment solutions and offer our clients an unparalleled experience to enjoy smart payment on the go, anytime and anywhere.

1.    How to read this Agreement

1.1   This Agreement contains 28 clauses. You may go directly to any section by selecting the appropriate link provided. The headings are for reference only. Some capitalised terms have specific definitions in clause 3.

2.    Why you should read this Agreement

2.1   These are the terms and conditions on which we provide our Products and related services to you.

2.2   Please read this Agreement carefully before you start to use our Services. This Agreement (always together with the documents referred to in it) tells you who we are, how we will provide the Services to you, how this Agreement may be changed or ended, what to do if there is a problem and other important information. If you think that there is a mistake in this Agreement or require any changes, please contact us to discuss.

2.3   This Agreement refers to the following additional documents, which also apply to your use of our Services:

(a)    Our Privacy Policy[1], which sets out the terms on which we process any personal data we collect about you, or that you provide to us. By using our Services, you consent to such processing and you promise that all data provided by you is accurate.

(b)    Our combined the Financial Services Guide (“FSG”) and the Product Disclosure Statement (“PDS”)[2], which sets out the terms and conditions on whether and how to use the Services.

(c)    In order to receive some of our Services, you may be asked to agree to additional terms and conditions (including those referred to in clause 28) which we will notify you about at the relevant time.

2.4   All future changes are incorporated into this Agreement. This Agreement may be changed from time to time as set out in clause 27 of this Agreement.

2.5   By visiting our Website and/or using our Services (including downloading and using our App, or via the API, a social media platform or other authorised third party), you confirm that you accept and agree to this Agreement (including the additional documents referred to above). If you do not agree, please do not use our Services.

2.6   You can always see the most current version of this Agreement on our Website. If you want a paper copy of this Agreement, please contact Customer Support.

3.    Definitions and Interpretation

3.1   Definitions

3.2   Interpretation

(a)    Any and all clauses, terms and conditions under this Agreement that has the effect or be interpreted to have the effect that is in favour of Omipay Global, then such effect will only be favourable to Omipay Global to the extent that is permitted by laws.

4.    Who are we?

4.1   Omipay Global is an authorised representative of Omipay Pty Ltd. All financial products and services will be provided by Omipay Global.

4.2   Monix is a financial product issued by Omipay Global who is authorised to deal in, make a market in and provide general financial product advice on foreign exchange contracts and Non-Cash Payments, to retail and wholesale clients.

5.    Monix App and API

5.1   We license the use of the App to you based on this Agreement and subject to any rules and policies applied by any appstore provider or operator whose sites are located at App Store and Google Play. We do not sell the App to you. We remain the owners of the App at all times.

5.2   From time-to-time updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App and accepted any new terms.

5.3   Your right to use the App and the API. In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive licence to use the App on your device and the API subject to this Agreement. We reserve all other rights.

6.    How to contact us

6.1   You can contact Monix:

• by telephone on 1300 016 666;

• by email to info@monixfin.com;

• in writing addressed to suite 3603, Level 36, 201 Elizabeth St, Sydney, NSW 2000;

• through our website http://www.monixfin.com/), iOS (iPhone/iPad) or Android app platform only (“Monix platform”).

6.2   In order to access the Services, you must sign in to your Monix Account and submit your instructions. The details are described in the combined FSG and PDS[3], which you must read, understand and strictly follow before and during operating transactions on Monix Account.

6.3   For assistance using the website, mobile apps or other issues, you may also contact us by telephone or email. All telephone lines are and will be recorded and all written communications are stored in order to provide a record of all transactions. It is your responsibility to check any confirmation or statement sent to you to make certain it is accurate. You must report immediately any discrepancies that you may see or become aware.

6.4   Before you sign in to the Monix platform to use our Services, it is important that you understand the risks, fees, costs and benefits and other conditions of using the Services. For information on the risks, fees, costs and benefits and other conditions related to our Services, you should carefully read and make sure you understand this Agreement, the combined FSG and PDS as well as Our Privacy Policy. Please take every reasonable step to fully understand the outcomes of specific foreign exchange orders, trades and strategies adopted.

7.    Who can use our Services?

7.1   If you are an individual, you must be 18 years or older to use our Services and by opening a Monix Account you declare that you are 18 years or older. We may ask you at any time to show proof of your age.

7.2   Your use of the Monix Account must not violate any applicable laws. You commit to us that your opening and/or using of a Monix Account does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.

8.    YourMonix Account

8.1   About your Monix Account

(a)    Your Monix Account allows you to hold, send or receive funds and make foreign exchange contracts.

(b)    The funds held on your Monix Account does not expire other than when your account is closed, see clause 18 for more details.

(c)    The funds held on your Monix Account will not earn any interest.

(d)    Certain limits may be placed on your Monix Account depending on your country of residence, verification checks or other legal considerations. Please contact us if you have any questions about these limits.

(e)    The funds held on your Monix Account belongs to the person or legal entity which is registered as the Monix Account holder.

(f)    Unless you have our consent in writing, you must not allow anyone to operate your Monix Account on your behalf.

8.2   Your Monix Account is a payment account and is not a bank (deposit) account.

9.    How to open a Monix Account?

9.1   All information you provide to us must be complete, accurate and truthful at all times. You must update this information whenever it changes. We cannot be responsible for any financial loss arising out of your failure to do so. We may ask you at any time to confirm the accuracy of your information and/or to provide additional supporting documents.

9.2   All activities under a Monix Account shall be deemed as activities carried out by the registered user. You shall only use the Services to transact on your own account and not on behalf of any other person or entity.

10.    Requirements for opening a Monix Account

10.1   To register for a Monix Account, you must either use your email or valid mobile number to submit the application and certain other information about you as requested by Monix.

10.2   You must sign in to your Monix Account and submit your instructions and, if applicable, any additional information needed for a Currency Exchange Order depending on the transfer type.

10.3   You may hold electronic money balances in any currencies in your Monix Account and withdraw your money by requesting all or part of your Monix Account to be withdrawn. Your Monix Account may be subject to withdrawal limits or certain conditions, depending on your country of residence, verification checks or other considerations.

10.4   You acknowledge that your Monix Account is an electronic money account instead of a bank account. You are responsible for the safety of funds held in Monix Account.

10.5   Omipay Global may terminate your use of the Monix Account at any time and for any reason, until you have submitted, and Monix has reviewed and approved, all required information.

10.6   At any time during the term of this Agreement and your use of the Services, Monix may require additional information from you to validate information you provided, verify your identity, and assess the risk associated with your transfer, collect of money or currency exchange.

10.7   You acknowledge that Monix may use your information to verify and retrieve information about you, and that any information Monix deems material in relation to its risk assessment with respect to any business operated by Monix, which may lead to suspension or termination of your Monix Account.

10.8   By registering for a Monix Account, you agree that such registration constitutes your full consent and by agreeing to the terms you are deemed to have provided your electronic signature, and you consent to provide electronically of all disclosures and notices from Monix, including those required by Law.

11.    Keep your Monix Account safe

11.1   You must:

(a)    change your password regularly and ensure that it is not reused across other online accounts.

(b)    contact us if anyone asks for your password.

(c)    keep your email account secure. You may reset your Monix Account password using your email address.

11.2   You must NOT:

(a)    disclose your Monix Account password.

(b)    let anyone access your Monix Account or watch you accessing it.

(c)    use any functionality that allows your login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded.

11.3   If you suspect your Monix Account or other security credentials are stolen, lost, used without your authorisation or otherwise compromised, you must contact us immediately, you are also advised to change your password. Any undue delays in notifying us may affect the security of your Monix Account and also result in you being responsible for financial losses.

11.4   You may authorise third parties to access your Monix Account to provide their services to you, including authorising them to initiate payments from your Monix Account. You acknowledge that if you authorise a third party to access your Monix Account, we may disclose certain information about your Monix Account to this third party. We are not responsible for any such third party’s use of your Monix Account or any information in your Monix Account. Granting permission to a third party does not relieve you of your responsibilities under this Agreement, including notifying us if your Monix Account has been compromised or if a transaction is incorrect or unauthorised.

12.    Fees and Charges

12.1   Monix charges a transaction fee for every Currency Exchange Order. The fees vary depending on the size of the Currency Exchange Order, the source and destination currencies and countries, the payment process available in the destination country, the transfer type, and the method you choose to fund your Monix Account.

12.2   The Currency Exchange Fee applicable to your Currency Exchange Order will be calculated in Source Currency. You can either set a fixed amount that the recipient gets (Target Currency) or a fixed amount that you should pay (Source Currency).

12.3   You may undertake a Currency Exchange Order either when you exchange currency stored in your Monix Account, or when you exchange it so that you can send it to a third party or withdraw it.

12.4   If you want to cancel a Currency Exchange Order that you have made through your Monix Account, we will need to charge you a fee for that. The amount may depend on the currencies involved in the transaction.

12.5   If you provide incorrect information when making a Currency Exchange Order, Monix endeavours to recover the funds, though Monix is not obliged and cannot guarantee recovery, for you, and you may be charged a fee.

12.6   You are responsible for any penalties or fines imposed on you or Monix by any bank, money services business, payment network, or other financial intermediary resulting from your use of Payment Services in a manner not permitted by this Agreement or a Financial Services Provider’s rules and regulations.

12.7   You are obligated to pay all taxes, fees and other charges imposed by any governmental authority, including without limitation any value added tax, goods and services tax, or any other equivalent taxes such as provincial sales tax and/ or harmonized sales tax on the Services provided under this Agreement.

13.    Upload Money

13.1   By uploading money to your Monix, you agree that Monix may share your information in your Monix Account with Financial Services Providers to use the Payment Services, establish any necessary accounts or credit with Financial Services Providers, monitor charges and other activity, and conduct risk management and compliance reviews.

13.2   Monix is not responsible for or liable to you for authorised and completed Charges that are later the subject of a Dispute, Refund, or Reversal, are submitted without authorisation or in error, or violate any laws.

13.3   You are responsible for Disputes, Refunds, Returns, or Fines regardless of the reason or timing, although you may challenge the Disputes or Fines by contacting Monix. Monix does not guarantee your challenge will be successful, but we shall use its reasonable endeavour to assist you in your challenge.

13.4   Where a challenge is entirely or partially successful, a Financial Services Provider may credit funds associated with the Charge that is the subject of the Dispute (or a portion thereof) to your Monix Account.

13.5   You may be presented with one or more methods depending on a number of factors including where you live and your verification status with Monix. You acknowledge that these methods are not part of our Services and these Services are provided by third parties.

13.6   Any payment instrument you use with your chosen method must be in your name.

13.7   You agree that Monix is entitled to add or remove Financial Services Providers or payment methods at its sole discretion, and to amend the Financial Service Terms and Payment Terms from time to time. Your continuing use of the Payment Services is deemed as your consent and agreement to such additions, removals and amendments.

13.8   You must comply with all Network Rules applicable to merchants, including but not limited to the Network Rules provided by Visa, MasterCard, Alipay, WeChat Pay.

13.9   Monix and/ or Financial Services Providers may impose limits on how much you can upload into your Monix Account for legal and security reasons.

13.10   Monix will credit your Monix Account once we have received your money subject to our right of reversal. You acknowledge and agree that Monix may demand repayment from you using other methods, if there is not enough money in your account.

13.11   Your use of the Services is subject to additional terms and conditions that apply to you by using different payment methods or networks (“Payment Terms”).

14.    Foreign Currency Exchange and Payment

14.1   When you set up Payment Order from your Monix Account, you must ensure that any information about Payment Order to a Recipient Account you provide to Monix is correct, accurate and free of error. If you provide incorrect information, you understand and agree that:

(a)    if a transfer is made to an incorrect account and Monix is of the view that it is not able to recover the funds from such incorrect Transfers,

(b)    you will be solely responsible for any Losses you or third parties incur, you shall not make any claims against Monix in relation to such incorrect Transfers, and you will fully indemnify and reimburse Monix for any losses as a result of such incorrect Transfers.

14.2   Your Payment Order may either be:

(a)    A “Fixed Source Order”, where you indicate the amount you wish to convert and transfer by fixing the amount in your Source Currency in your Monix Account.

(b)    A “Fixed Target Order”, where you indicate the amount you wish to convert and transfer by fixing the amount in Target Currency in the Recipient Account.

14.3   You acknowledge that you can only set up a Fixed Target Order for certain Source Currencies. You may contact Monix for further information.

14.4   You may make a payment either to Monix Account or Bank Account subject to applicable fees. Certain information required for making such payment includes:

(a)    selection of recipient type;

(b)    full name of the recipient;

(c)    the recipient’s address, email, phone number, and bank account details or the Monix Account details;

(d)    amount to be transferred; and

(e)    any other information Monix requires.

14.5   If you intentionally provide Monix with incorrect, misleading and deceptive information, you understand and accept that: 

(a)    Monix may refuse to give effect to the Transactions, and may suspend or terminate your Monix Account at Monix’s sole discretion;

(b)    Monix may disclosure any information in relation to your Monix Account to a party or government body provided that Monix is legally required or compelled by Law to disclosure such information;

(c)    you will indemnify and keep Monix indemnified against any Loss incurred as the result of your provision of incorrect information or your wrongdoing that involves Monix in any fashion;

(d)    Monix may take actions against you if so required.

14.6   Upon receiving your Payment Order, Monix will send you a confirmation by Monix App. Each Payment Order will be given a unique transfer number and will be shown in the transaction history on your Monix Account. You should quote this order number throughout your communication with Monix in relation to any Payment Order.

14.7   You accept there may be a holding period between your Payment Order and the Transfer to the Recipient Account before crediting funds to the Recipient Account.

14.8   You acknowledge and accept that Monix could not be responsible for any delay or extended period of time caused or taken by Financial Services Providers (that hold the Recipient Account) in processing your Payment Order.

14.9   Monix reserves the right to amend the estimated transfer period or to suspend Transfers to you if the following situations happen including, but limited to:

(a)    where there are pending, anticipated, or excessive Disputes, Refunds, or Reversals;

(b)    in the Event that Monix suspects or becomes aware of suspicious activity;

(c)    where Monix is required or compelled by Law or any tribunal or court order; or

(d)    where Monix reasonably considers it necessary.

14.10   Monix reserves its rights to withhold Transfers to the Recipient Account upon termination of this Agreement if Monix reasonably believes that it may incur Losses resulting from deficiency, fraud, or other legal risks associated with your Monix Account. Monix will inform you in a timely manner, if possible, the reasons for withholding the Transfer and the conditions, if possible, for releasing the funds.

14.11   You must agree to appoint Monix as your exclusive agent to cause the Transfers to Recipient Account on your behalf, and you understand and accept that:

(a)    You will not make any Transfers to or on behalf of Restricted Businesses;

(b)    Any information or authorisation you provide about each Recipient Account is complete and accurate;

(c)    You must not make any claims against Monix, and to fully reimburse Monix for any Losses that result from your use, or failure to properly use the Services to make Transfers to Recipient Accounts.

14.12   By submitting a Payment Order, you are deemed to have agreed to the exchange rate shown to you.

15.    Products and Services – Money Collection

15.1   You can either collect money from other Monix users or from a Financial Services Provider. Depositing cash is strictly prohibited, due to compliance and operation requirements. You agree that 10% cash handling fee will be charged and the remaining fund will be released in one (1) month.

15.2   For you to successfully collect money, you agree to obtain the payment receipt promptly and upload the receipt after your payer completes the transfer.

16.    Products and Services – Currency Exchange

16.1   You are allowed within your Monix Account to convert money from one currency to another.

16.2   By confirming the conversion through your Monix Account, you are deemed to have agreed to the exchange rate shown to you.

16.3   Monix will charge a fee for each currency exchange transaction within your Money Account.

16.4   You are not allowed to reverse or cancel a completed currency exchange within your Monix Account, but you are not prevented from performing another currency exchange to convert the money

16.5   Any fees charged for currency exchange performed within your Monix Account will not be refunded or returned to you under any circumstances.

17.    Maintaining your Monix Account

17.1   You may access and generate your monthly report, transaction report after you log in to your Monix Account. We have allocated a reference number to each transaction, you should quote this reference number when communicating with us about a particular transaction.

17.2   You must check your Monix Account regularly and carefully and contact us immediately if you do not recognise a transaction or think we have made a payment incorrectly. You must tell us about any unauthorised or incorrectly executed transactions immediately, but no later than thirteen (13) months from the transaction; otherwise you may not be entitled to have any errors corrected.

17.3   You are responsible for any taxes which may be applicable to payments you make or receive, and it is your responsibility to collect, report and pay the correct tax to the appropriate tax authority.

18.    How much will you pay?

18.1   You must pay the fees in connection with the use of our Products. We may not process your transaction until we have received the fees from you.

18.2   We will let you know the exact amount payable by you when you set up your order. You can see our fee structure on the [https://www.monixfin.com/#/Price] page. For clarity, the fees applicable to you as set out on the Pricing page forms part of this Agreement which may be subject to change.

18.3   You agree that we are authorised to deduct our fees, any applicable reversal amounts, and/ or any amounts you owe us from your Monix Account. If you do not have enough money in your Monix Account to cover these amounts, we may refuse to execute the relevant transaction or provide any Services to you.

Administration charges due to incorrect payment details

18.4   If you provide incorrect information when making a Currency Exchange Order or a payment order, we will use reasonable efforts to recover the funds for you, and may need to charge you a fee for that. The amount may depend on the currencies involved in the transaction.

18.5   Omipay Global has the right to revise the Fees upon 30 days’ written notice to you and Omipay Global may charge additional Fees for foreign exchange services depending on different purpose of the payment. You are deemed to have accepted the revision if no objection is made within five (5) business days of such notice.

18.6   You are responsible for any penalties or fines imposed on you or Monix by Financial Services Provider resulting from your use of Payment Services in a manner not permitted by this Agreement or a Financial Services Provider’s rules and regulations.

18.7   You are obligated to pay all Taxes, including without limitation any value added tax, goods and services tax, or other equivalent taxes such as provincial sales tax and/ or harmonized sales tax on the Services provided in relation to this Agreement.

18.8   The fees paid to Monix are exclusive of any applicable Taxes, except as expressly stated to the contrary. You have sole responsibility and liability for:

(a)    determining what, if any, Taxes apply to the sale of your products and services, acceptance of donations, or payments you receive in connection with your use of the Services; and

(b)    assessing, collecting, reporting, and remitting Taxes for your business to the appropriate tax and revenue authorities.

18.9   If Omipay Global is required to withhold any Taxes, or we are unable to verify or validate any tax related identification information you provide to us, we may deduct such Taxes from amounts otherwise owed and pay them to the appropriate taxing authority. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to your tax-exempt status. Upon our reasonable request, you must provide us with information regarding your tax affairs.

18.10   Pursuant to any applicable Law, Monixmay send information or documents that contain information required by tax authorities for compelled by Law, for Transactions processed by using the Services or via Monix Platform. You agree to Monix to file periodic report as it may be required by tax authorities in relation to your use of the Services.

19.    Termination and Closure of Monix Account

19.1   This Agreement becomes effective on and from the date you first access your Monix Account and continues until terminated by you or Monix.

19.2   You can instruct Monix to close any of your currency accounts. You must ensure that the balance in your account is cleared before you make the instruction.

19.3   You may end this Agreement and close your Monix Account at any time by contacting Monix Customer Service.

19.4   Monix may terminate this Agreement or close your Monix Account at any time for any reason by providing you Notice.

19.5   Monix may suspend your Monix Account and your ability to access funds in your Monix Account, or terminate this Agreement, if

(a)    we determine in our sole discretion that you are ineligible for the Services because of significant fraud or credit risk, or any other risks associated with your Monix Account;

(b)    you use the Services in a prohibited manner or otherwise do not comply with any of the provisions of this Agreement; or

(c)    any Law or Financial Services Provider requires us to do so.

19.6   Upon your termination, you agree to the following:

(a)    complete all pending Transactions;

(b)    stop accepting new Transactions through the Service; and

(c)    immediately remove all Monix or payment network logos from your website (unless permitted under a separate licence with the payment network).

19.7   Upon termination, you understand and agree that

(a)    all licences granted to you by Monix under this Agreement will end;

(b)    we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers within ten (10) days of termination;

(c)    we will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or account data; and

(d)    you are still liable to us for any Fees or fines, or other financial obligation incurred by you or through your use of the Services prior to termination.

19.8   You must not close your Monix Account to avoid an investigation. If you attempt to close your Monix Account during an investigation, Monix may hold your money until the investigation is fully completed.

19.9   You agree that you will continue to be responsible for all obligations related to your Monix Account even after it is closed.

19.10   Monix may end this Agreement and close your Monix Account or any service associated with it by giving you prior notice.

19.11   Monix may at any time suspend or close your Monix Account and/or end this Agreement without notice if:

(a)    you breach any provision of this Agreement or documents referred to in this Agreement;

(b)    Monix is requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;

(c)    Monix has reason to believe you are in breach of any applicable law or regulation; or

(d)    Monix has reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.

20.    Intellectual property rights

20.1   While you are using our Services, you may use the Monix Materials only for your personal use and solely as necessary in relation to those Services.

20.2   "Monix Materials" include any software (including without limitation the App, the API, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you, or available for download from our website. You may not, and may not attempt to, directly or indirectly:

(a)    transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Services or the Monix Materials to any person or entity;

(b)    remove, obscure, or alter any notice of any of our trade marks, or other "intellectual property" appearing on or contained within the Services or on any Monix Materials;

(c)    modify, copy, tamper with or otherwise create derivative works of any software included in the Monix Materials; or

(d)    reverse engineer, disassemble, or decompile the Monix Materials or the Services or apply any other process or procedure to derive the source code of any software included in the Monix Materials or as part of the Services.

21.    Our responsibility for loss or damage

21.1   We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

21.2   If you use our Services for any commercial or business purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

21.3   We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of our Services.

21.4   We assume no responsibility for their content or any loss or damage that may arise from your use of them.

21.5   We rely on you to regularly check the transactions history of your Monix Account and to contact Monix immediately in case you have any questions or concerns.

21.6   We are not liable for things which are outside of our control. We cannot be liable for our inability to deliver or delay as a result of things which are outside our control.

21.7   In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/or your use of our Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.

21.8   In the event you are liable for any amounts owed to us, we may immediately remove such amounts from your Balance (if available). If there are insufficient funds in your Balance to cover your liability, we reserve the right to collect your debt to us by using any payments received in your Monix Account and otherwise you agree to reimburse us through other means. We may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency.

22.    Accessing our Services

22.1   We will try to make sure our Services are available to you when you need them. However, we do not guarantee that our Services will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time. You are responsible for making all arrangements necessary for you to have access to our Services. If you have granted permission to a third party to access your account, we may refuse access to that third party if we are concerned about unauthorised or fraudulent access by that third party. We will give you notice if we do this, either before or immediately after we refuse access, unless notifying you would be unlawful or compromise our reasonable security measures.

23.    Information security

23.1   You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. You should use your own virus protection software. We take security very seriously at Monix and we work hard, using state-of-the-art security measures, to make sure that your information remains secure. Our Services are a safe and convenient way to send money to friends and family and to other people that you trust. However, we do advise you to consider very carefully before sending money to anyone that you do not know well.

23.2   You must not misuse our Services. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, our servers, computers or databases. You must not attack our Website with any type of denial of service attack.

24.    Our right to make changes

24.1   Omipay Global has the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on use of the Services by posting such changes on our website or any other website or apps. Omipay Global may provide you with Notice of any changes through the Dashboard, via email, or through other means.

24.2   Your use of the Services, APIs, or Data after Omipay Global publishes any such changes on our website, constitutes your acceptance of the terms of the modified Agreement.

25.    Complaints

25.1   If you have any complaints about us or our Services, you may contact Monix:

• by telephone on 1300 016 666;

• by email to info@monixfin.com;

• in writing addressed to suite 3603, Level 36, 201 Elizabeth St, Sydney, NSW 2000;

• through our website http://www.monixfin.com/), iOS (iPhone/iPad) or Android app platform only (“Monix platform”).

26.    Force Majeure

26.1   Neither party will be liable for any delays in processing or other non-performance caused by telecommunications, utility, failures, or equipment failures; labour strife, riots, war, or terrorist attacks; non-performance of the vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control.

26.2   If due to Force Majeure, Monix becomes unable, wholly or in part, to carry out any duty or obligation under this Agreement, the Monix will:

(a)    give you prompt written notice of the Force Majeure with reasonable full particulars and, in so far as known, the probable extent to which it will be unable to perform, or be delayed in performing any duty or obligation;

(b)    will not be required carrying out any duty or obligation so as it is affected by the Force Majeure during but not longer than the continuance of the Force Majeure; and

(c)    will use all reasonable diligence to overcome or remove the Force Majeure as quickly as possible.

26.3   The requirement that any Force Majeure will be overcome or remedied with all possible diligence does not require the Monix to settle any strike or other labour dispute on terms contrary to its wishes or to contest the validity or enforceability of any law regulation or decree by way of legal proceedings.

26.4   Nothing in this clause will affect or excuse your liabilities or your obligation to pay Fees, Fines, Disputes, Reversals, or Returns under this Agreement.27.    Privacy Policy

27.1   For information on how your personal information is collected, held and used by Monix, please see our Privacy Policy available here. 

28.    Other important terms

28.1   This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end or make any changes to this Agreement.

Assignment

28.2   You may not assign this Agreement, any rights or licences granted in this Agreement, or operation of your Monix Account to others without prior written consent.

28.3   If consent is made by Monix to the assignment, the assignee agrees to assume all of your rights and obligations owed by you related to the assignment, and must agree to comply with the terms of this Agreement.

28.4   We reserve the right to transfer, assign or novate this Agreement (including the Monix Account) or any right or obligation under this Agreement at any time without your consent and if permissible by law.

Right to Audit

28.5   If Monix believes that a security breach, leak, Loss, or compromise of Data has occurred on your systems, website, or app affecting your compliance with this Agreement, you may be required to permit a third-party auditor approved by us to conduct a security audit of your systems and facilities. The auditor will issue a report to us and Financial Services Providers.

No Agency

28.6   You shall be aware that nothing in this Agreement serves to establish a partnership, joint venture, or other agency relationship between you and Monix, or with any Financial Services Provider. Unless a Financial Services Provider expressly agrees, neither you nor we have the ability to bind a Financial Services Provider to any contract or obligation, and neither party will represent that you or we have such an ability.

Representations

28.7   By accepting the terms of this Agreement, you represent and warrant that:

(a)    you are eligible to register and use the Services and have the authority to execute and perform the obligations required by this Agreement;

(b)    any information you provide us about your business, products, or services is accurate and complete;

(c)    any Charges represent a Transaction for permitted products, services, or donations, and any related information accurately describes the Transaction;

(d)    you will fulfil all of your obligations to Customers and will resolve all Disputes with them;

(e)    you will comply with all Laws applicable to your business and use of the Services;

(f)    you will not use Payment Services for household purposes or peer-to-peer money transmission, or (except in the normal course of business) intercompany Transactions; and

(g)    you will not use the Service, directly or indirectly, for any fraudulent or illegal undertaking, or to interfere in any manner with the normal operation of the Service.

Limitation of Liability

28.8   Under no circumstances will Monix be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Services or for the unavailability of the Services, for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to this Agreement or your use of the Services, even if such damages are foreseeable, and whether or not you or Monix has been advised of the possibility of such damages.

28.9   Monix is not liable, and deny responsibility for any damages, harm, or Losses to you arising from or relating to hacking, tampering, or other unauthorised access or use of the Services, your Monix Account, or Data, or your failure to use or implement anti-fraud measures, the Security Controls, or any other data security measure.

28.10   Monix further denies responsibility for all liability and damages to you or others caused by:

(a)    your access or use of the Services inconsistent with the Documentation;

(b)    any unauthorised access of servers, infrastructure, or Data used in connection with the Services;

(c)    interruptions or cessation of the Services;

(d)    any bugs, viruses, or other harmful code that may be transmitted to or through the Services;

(e)    any errors, inaccuracies, omissions, or Losses in or to any Data provided to us;

(f)    third-party content provided by you; or

(g)    the defamatory, offensive, or illegal conduct of others.

Liability for Third- Party Claims

28.11   You agree to defend Omipay Global, its employees, agents, and service providers against any claim, suit, demand, Loss, liability, damage, action, or proceeding brought by a third party, and you agree to fully reimburse us that result from

(a)    your breach of any provision of this Agreement;

(b)    any Fees, Fines, Disputes, Reversals, Returns, or any other liability we incur that results from your use of Payment Services;

(c)    negligent or wilful misconduct of your employees, contractors, or agents; or

contractual or other relationships between you and Customers.

Responding to Legal Process

28.12   Omipay Global may respond to and comply with any writ of attachment, lien, levy, subpoena, warrant, or other legal order (“Legal Process”) that we believe to be valid. We or any Financial Services Provider may deliver or hold any funds or, subject to the terms of our Privacy Policy, any Data as required under such Legal Process, even if you are receiving funds or Data on behalf of other parties.

28.13   Where permitted by Law, we will make reasonable efforts to provide you Notice of such Legal Process by sending a copy to the email address we have on file for you. Omipay Global is not responsible for any Losses, whether direct or indirect, that you may incur as a result of our response or compliance with a Legal Process.

Entire Agreement

28.14   This Agreement and all policies and procedures that are incorporated by reference constitute the entire agreement between you and Omipay Global for provision and use of the Services.

28.15   Except where expressly stated otherwise in a writing executed between you and Omipay Global, this Agreement will prevail over any conflicting policy or agreement for the provision or use of the Services.

28.16   This Agreement sets forth your exclusive remedies with respect to the Services. If any provision or portion of the Agreement is held to be invalid or unenforceable under Law, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.

Cooling off period

28.17   There is no cooling-off period in respect of the Products.