1. About these terms
These terms and conditions govern your use of the PayAngel service in Australia. The service is provided by PAYANGEL PTY LTD (ABN 13 685 159 497, ACN 685 159 497) (“PayAngel”, “we”, “us”, “our”). By opening an account or instructing a transfer you agree to these terms.
PayAngel Pty Ltd is registered with AUSTRAC as an independent remittance dealer, registration number IND100902318-001. Registration means we have met AUSTRAC’s registration requirements. It is not a licence, an approval or an endorsement, and it does not mean your funds are guaranteed or protected by any government scheme.
Documents that form part of your agreement with us
- Our Privacy Policy — how we collect, use and disclose your personal information.
- Our Acceptable Use Policy — what our service may and may not be used for.
- Our Cookies Policy — the cookies our website and app use.
- Our Complaints Guide — how to complain and what happens next.
Where these terms and any of those documents conflict, these terms prevail, except in relation to your privacy, where the Privacy Policy prevails.
2. Words we use
- Beneficiary
- The person or organisation you are sending money to.
- Instruction
- Your request to us to send a specified amount to a beneficiary.
- Payment method
- The debit or credit card, or bank account, you use to fund a transfer. It must be held in your own name.
- Payout partner
- The bank, mobile money provider or agent that makes the money available to your beneficiary.
- Transfer
- A single money transfer you instruct through the PayAngel app.
3. Who can use our service
You may use our service only if all of the following are true. These conditions come from our Target Market Determination and we apply them to every customer.
- You are at least 18 years old.
- You live in Australia and have an Australian residential address.
- You are sending your own money, on your own behalf. You must not send money that belongs to someone else, or send at another person’s direction.
- You are sending for personal, family or household purposes — not for a business, an association, a not-for-profit, or for investment.
- You are sending to a beneficiary in a country we support (see clause 5).
- You fund the transfer from a payment method held in your own name.
- We can verify your identity from the information and documents you give us.
Our service is not designed for you if you need to hold funds with us rather than send them, need a rate fixed in advance of instructing a transfer, need to pay in cash, or need to fund a transfer on credit terms from us.
One person, one account. You must not open more than one account.
4. Your account and verification
Before your first transfer we must verify your identity. This is required by the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). We may ask you for identity documents, and we may check your details against independent sources, including a credit reporting body. Where we do that, we will ask for your consent first and offer you an alternative if you would rather not. Our Privacy Policy explains this in full.
You must give us information that is true, accurate and complete, and keep it up to date.
Keeping your account secure
- Keep your login details and any security codes confidential. Do not share them with anyone.
- Tell us immediately if you think someone else has used or can access your account.
- We will never ask you for your password, PIN or a one-time code by phone, email or message.
5. Where you can send money
You can send from Australia to a beneficiary in any of the following countries: Ethiopia, Ghana, India, Kenya, Nigeria, the Philippines, South Africa and the United Kingdom.
We may add or remove countries. If we remove a country you will see it is no longer available when you next instruct a transfer. We will not accept an instruction to a country we do not support.
[TBD — Jones / Daniela: the payout methods available in each country — bank deposit, mobile money, cash pickup. Needed before this clause can describe how money reaches a beneficiary.]
6. Giving us an instruction
You instruct each transfer individually through the PayAngel app. Before you confirm, we will show you the amount you are sending, the exchange rate that applies, any fee, and the amount your beneficiary will receive. Nothing is taken from your payment method until you confirm.
[TBD — Jones / Daniela: distribution channel. This clause and the definition of Transfer at clause 2 say the app. Our Target Market Determination says “application and website”. One of the two is wrong and this is a contract term, not marketing copy — section 994E of the Corporations Act makes the customer contract one of the reasonable steps that must be consistent with the determination. Confirm whether the Australian service is app-only. If it is, the TMD is amended. If it is not, this clause and clause 2 are amended.]
The exchange rate that applies is the rate quoted to you at the time you confirm the transfer, not the rate at any earlier or later time.
Beneficiary details are your responsibility
We act on the details you give us. We do not check that the account number, mobile number or name you enter belongs to the person you intend to pay. If you give us incorrect details, the money may be paid to the wrong person and we may not be able to recover it. Check the details before you confirm.
Limits
[TBD — Jones / Daniela: the minimum and maximum transfer amounts, per transaction and per period, and whether they vary by destination.]
How long a transfer takes
[TBD — Jones / Daniela: the expected delivery window for each destination country and payout method. Until these are set we will not state a delivery time.]
Transfers can take longer than expected. Verification, compliance checks and payout partner processing all affect timing, and some are outside our control.
7. Fees, charges and exchange rates
[TBD — Jones / Daniela: the fee model. What fees are charged, how they are calculated, whether they vary by destination or payout method, and how the business earns its revenue on a transfer. Nothing about price can be stated until this is answered.]
Whatever the model, these three statements will hold and are safe to keep:
- Every fee and the exchange rate that applies are shown to you before you confirm a transfer.
- Your beneficiary may be charged separately by their own bank or mobile money provider, or may owe local taxes. Those charges are not ours and we do not receive them.
- We do not charge you for making a complaint.
8. Cancelling a transfer, and refunds
[TBD — Jones / Daniela: whether a transfer can be cancelled after it is confirmed, and until what point.]
Where we refund you, we refund to the payment method you used. We will not send a refund to a different account, card or person. This protects you and it is also how we prevent our service being used to move money to a destination it did not come from.
A refund is made in the Australian dollar amount you paid, so you do not carry the exchange rate movement between the transfer and the refund.
If your transfer cannot be completed — for example the payout partner rejects it, or the beneficiary account is closed — we will tell you, and you can either correct the details and try again or take a refund.
For help with a refund, email refunds.au@payangel.com.
9. What you must not do
You must not use our service:
- to send money that is not your own, or on behalf of another person;
- for any business, commercial or investment purpose;
- for anything unlawful, including money laundering, terrorism financing, fraud, or evading sanctions;
- to fund gambling, or the purchase of anything illegal;
- to send to a person or organisation subject to sanctions;
- by giving us false, misleading or incomplete information, or documents that are not genuine; or
- by funding a transfer from a payment method that is not held in your own name.
Our Acceptable Use Policy sets this out in full.
10. When we may delay, refuse, suspend or close
We may delay, refuse, hold or reverse a transfer, or suspend or close your account, where:
- we are required or permitted to do so by law;
- we need more information from you to complete our checks;
- we are not reasonably satisfied as to your identity;
- we reasonably suspect fraud, unauthorised use, or a breach of clause 9;
- a sanctions or screening check requires it; or
- we reasonably believe continuing would expose you or us to unacceptable risk.
Where we cannot tell you why
There are situations where the law does not permit us to give you the reasons for a decision. Section 123 of the AML/CTF Act makes it an offence for us to disclose certain matters. Where that applies, we will tell you the outcome and tell you plainly that we are not able to explain it. We would rather say that than give you a reason that is not the real one.
Closing your account
You can close your account at any time, and we will refund anything owing to you.
Except where we are acting under this clause or the law requires otherwise, we will give you at least 30 days’ notice before we close your account, and we will refund anything owing to you.
11. Our responsibility to you, and yours to us
We will provide our service with due care and skill.
Your rights that cannot be excluded
Australian law gives you rights that we cannot exclude, restrict or modify. Nothing in these terms does so. The Australian Securities and Investments Commission Act 2001 (Cth) implies guarantees into contracts for financial services, including that services are provided with due care and skill and are fit for purpose. If we fail to meet one of those guarantees, you have remedies under that Act regardless of anything in these terms.
Where our liability is limited
Subject to the paragraph above, and to the extent the law allows:
- we are not liable for loss you suffer because the details you gave us were wrong;
- we are not liable for a payout partner’s or your own bank’s charges, or for local taxes;
- we are not liable for loss caused by something genuinely outside our reasonable control; and
- we are not liable for indirect or consequential loss, or for loss of profits, business or reputation.
Nothing in these terms limits our liability for fraud, for death or personal injury caused by our negligence, or for anything else the law does not allow us to limit.
Your responsibility to us
You are responsible for loss we suffer because you breached these terms, but only to the extent the loss was caused by your breach and could reasonably have been foreseen. You are not responsible for loss caused by us.
12. Your personal information
We collect, use and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our Privacy Policy explains what we collect, why, who we disclose it to, which countries it goes to, and how to access or correct it.
Because we provide cross-border transfers, your information and your beneficiary’s information are disclosed outside Australia as a necessary part of the service.
We are required to report certain transactions and matters to AUSTRAC, and to provide information to regulators and law enforcement where the law requires it.
13. Complaints
If something goes wrong, tell us. Our Complaints Guide explains how. We will acknowledge your complaint within one business day and give you our final response within 30 days.
PayAngel Pty Ltd is not a member of the Australian Financial Complaints Authority or any other external dispute resolution scheme, and is not required to be. That means our internal process is the process. If you are not satisfied with our response, our Complaints Guide sets out what else you can do — including complaining to the Office of the Australian Information Commissioner about the handling of your personal information.
14. Changing these terms
We may change these terms. If a change is not to your advantage, we will give you at least 30 days’ notice before it takes effect, by email or a notice in the app. If you do not agree with a change, you can close your account before it takes effect at no cost.
We may make a change that is not to your disadvantage, or that we are required to make by law, with less notice or immediately, and we will tell you as soon as we reasonably can.
15. Other things you should know
Our website and app
The PayAngel name, logo, content and software are ours or licensed to us. You may use them only to use our service.
Links to other websites
Where we link to a website we do not operate, we will tell you before you leave. We are not responsible for the content of those websites, and products described on them may not be available in Australia.
If part of these terms does not work
If a provision of these terms is found to be invalid or unenforceable, the rest continues to apply.
Transferring this agreement
You cannot transfer your rights under these terms to anyone else. We may transfer ours, but only if doing so does not reduce your rights.
Governing law
These terms are governed by the laws of New South Wales and the Commonwealth of Australia. You and we submit to the non-exclusive jurisdiction of the courts of that State, which means you are not prevented from bringing proceedings elsewhere if the law allows it.
[TBD — Jones / Daniela: confirm New South Wales, or nominate another State or Territory.]
16. How to contact us
- In the PayAngel app
- Email: support.au@payangel.com
- [TBD — Jones / Daniela: Australian telephone number and the hours it is answered, with the time zone.]
- Post: 60 Martin Place, Sydney NSW 2000, Australia [TO CONFIRM]
[TBD — Jones: confirm 60 Martin Place, Sydney NSW 2000 is the address registered with ASIC for PAYANGEL PTY LTD and is the correct address for service. It is marked [TO CONFIRM] in the site footer and must carry the same marker here — an unmarked address in the contract reads as settled when it is not.]
