asanpay
asanpay

Terms and Conditions

These Terms & Conditions form the basis of an agreement between you and Shaad Group Pty

Ltd(“ASANPAY” or “us” or “we” or “our”), trading as “Asanpay and apply to your use of our Services.

Please read these Terms & Conditions carefully and ensure that you understand them fully before using the Services. Please note that if you do not accept these Terms & Conditions, you will not be able to use our Services.

By using our Services, you agree and accept all the Terms & Conditions. The Terms &Conditions are provided to you in English. You agree that by using any of the Services, this constitutes your acceptance of the Terms & Conditions.

Definitions

Unless the context otherwise requires, the following expressions shall have the respective meanings set out against them.

• Account Details/Registration– means your in-branch or online registration information with ASANPAY.

• Affiliate – means a business that provides money transfer/remittance Services to customers as part of a remittance network operated by ASANPAY.

• Agent – means a business that provides currency exchange Services to customers as part of an arrangement operated by ASANPAY.

• Customer or “you” – means the individual or entity sending a money transfer/remittance or conducting a foreign currency exchange Transaction.

• Charges - means fees that you may incur by using the Services including but not limited to debit/credit card surcharges, cancellation fees and other administration fees for recovering funds/providing additional services.

• Delivery Method – means method of delivery such as bank credit, cash pickup or delivery of a money transfer/remittance.

• ASANPAY or “us” or “we” or “our” – means Shaad Group Pty Ltd, trading as “Asanpay”.

• Exchange Rate – means the foreign exchange rate applied to the Transaction for the Transaction Amount.

• Payout Amount – means the amount received by Customer/Receiver.

• Payment Method – means details of the method of payment.

• Receiver – means the individual or organisation receiving a money transfer/remittance.

• Service Provider – means an ASANPAY service provider who assists ASANPAY to provide the Customer and Receiver, the Services.

• Services – means inbound/outbound money transfer/remittance or foreign currency exchange services conducted via ASANPAY’s branches, Affiliates/Agents and online platforms and channels.

• Service Fees – means fee for providing the Service including the Sending Fees for money transfer/remittance Services and the Service Fees to collect your foreign currency exchange order.

• Terms & Conditions – means all the terms and conditions contained here.

• Transaction – means the access, use, or attempt to use the Services money transfer/remittance or foreign currency exchange.

• Total Amount – means the total of the Transaction Amount and the Service Fees.

• Transaction Amount – means the amount of money to be sent in the money.

transfer/remittance service or the amount of money to be exchanged in the currency exchange service.

• Promotion – means a broad offer or deal applicable to a group of customers. Specific Terms & Conditions apply for the promotion.

• Voucher – means a unique offer code tailored or offered to a designated Customer.

General terms

General Terms & Conditions apply to all Services and to ASANPAY and

Affiliates/Agents. Remittance Terms & Conditions apply to the Remittance Service and to

ASANPAY and Affiliates. Foreign Currency Exchange Terms & Conditions apply to the Foreign

Currency Exchange Service and to ASANPAY only unless it states it applies to Agents.

No waiver of a right or remedy under these Terms & Conditions is effective unless in writing and signed by us and will not constitute a waiver of any other right or remedy under, or condition of, the contract between you and us.

The contract between you and us may not be modified except with the written agreement of

ASANPAY. No local, general, or other trade customs will be applied to alter the terms of the contract.

The consent of ASANPAY to anything under these Terms & Conditions may be withheld in ASANPAY’s absolute discretion.

Any part of the Terms & Conditions, which is wholly or partially void or unenforceable, is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of the Terms & Conditions is not affected.

The Terms & Conditions constitute the entire agreement between you and us with respect to its subject matter and supersedes all prior communications and negotiations between you and us.

ASANPAY may change these Terms & Conditions from time to time. The version of the Terms & Conditions current at the date of a Transaction will continue to apply notwithstanding any variation made after that time.

A. Customer minimum age

1. As a user of the Services, you will not access, use, or attempt to use the Services to make or provide any Transaction unless you are at least 18 years old and residing or travelling in Australia, and you warrant that you have the legal capacity to form a legally binding contract in Australia.

B. Exchange rate and Charges

1.

We will provide an Exchange Rate quote that is only valid at that point in time. The Exchange Rate quote varies from time to time depending on movements in the market rates. We cannot confirm the Exchange Rate quote over the phone or via email until you receive our booking confirmation, and we receive the full payment within our requested time frame. Booking confirmation will be sent within our branch’s trading hours.

2.

We may apply different Exchange Rates for different customers via different channels in response to different strategies, operational costs, promotions, and competition.

3.

If you submit a Transaction that results in ASANPAY becoming liable for charges, including but not limited to a credit card chargeback fee or other similar fees, you agree to reimburse us for all such charges.

4.

We will apply a surcharge fee for processing credit card payments and may apply a surcharge for other payment options. This surcharge fee is non-refundable unless the transaction is cancelled due to a fault of ours.

5.

ASANPAY will have no responsibility for any costs you may incur using a particular Payment Method to pay a Transaction. These may include but are not limited to unauthorised overdraft fees imposed by banks if there are insufficient funds in your bank account or "cash advance" fees and additional interest which may be imposed by credit card providers if they treat use of the Services as a cash transaction rather than a purchase transaction.

6.

Where we temporarily or permanently suspend your Registration, or refuse or cancel a Transaction, ASANPAY is entitled to deduct any reasonable cancellation fee before making any refund.

C. Provision of information and documentations

1.

In connection with any Transaction and your use of the Services, you will:

a.

provide us with true, accurate, current and complete information about your identity, and

b.

provide us with any identification and supporting documents as may be requested by us;

c.

provide us with details of your Payment Method;

d.

provide us with true, accurate, current and complete information as is required to use the Services and any other information which may be required in relation to the Receiver; and

e.

provide us with any other information that we consider must be provided for a Transaction to be properly executed, as specified when you enter or provide the details of the Transaction.

f.

provide an email address that you are the owner of and have access to. If you wish to update your email address you can request by contacting us.

2.

When you are using the Services, it is your responsibility to make sure all the details are accurate before submitting a Transaction. Once a Transaction has been submitted, it is not normally possible to change any details of that Transaction. You will be given the opportunity to confirm the Transaction before submission and you must check the details carefully.

3.

You consent to the disclosure of your personal information by ASANPAY to our electronic identity verification providers, and the use by these organisations of your information for the purposes of electronic verification of your identity as outlined in the Anti-Money Laundering and CounterTerrorism Financing Act 2006(“AML/CTF Act”). This may include using a credit reporting agency and disclosing your full name, residential address and date of birth, for the provider to provide an assessment of whether the information you have provided matches, in whole or in part, information contained in a credit information file they possess.

4.

In order to comply with our obligations under relevant laws, ASANPAY reserves the right to request further information or evidence including but not limited to the purpose of a transaction, source of wealth to fund the transaction and the relationship between the Customer and the Receiver.

5.

We will use, hold and disclose personal information about you in accordance with our Privacy Policy (https://asanpay.com.au/privacy-policy) available on our websites.

D. Breach of these Terms and Conditions

1.

In using the Services, you will comply with these Terms & Conditions and any applicable laws, rules or regulations. It is a breach of these Terms & Conditions to use the Services to initiate Transactions:

a.

to a Customer or Receiver who has violated these Terms & Conditions, or

b.

in connection with what we consider to be fraudulent, illegal or unethical activity including but not limited to money laundering or terrorism financing.

If ASANPAY reasonably believes you are using the Services in connection with any of these or other with fraudulent, illegal or unethical activities, or are permitting a third-party to do so, ASANPAY may cancel the transaction, cease to deal with you as a customer and report you to the appropriate authorities.

2.

You acknowledge that nothing in these Terms & Conditions or in any other information provided by ASANPAY as part of the Services is intended to be, nor should it be construed to be, legal or other advice. If required, you agree to consult your own professional advisers as to the effects of laws that may apply to the Services or your use of them.

3.

You will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any Transaction being processed through the Services.

E. Transaction cancellation

1.

To the extent permitted by law or these Terms & Conditions, once we have received your Transaction, you do not have the automatic right to cancel it.

2.

We warrant that the Services will be provided with due care and skill and in accordance with the Transaction. Our sole obligation in the event that we fail to comply with its warranty is, at our option, to perform the Services again or to refund the Service Fees.

Except to the extent implied by law, we accept no other liability in relation to the supply of the Services.

3.

Registration for the Services does not entitle you to make any Transaction that you wish to make. We may refuse a Transaction at any time and for any reason. Where we permit a Transaction, we may still suspend or cancel the Transaction or the Services under these Terms & Conditions. ASANPAY reserves the right not to disclose the reason to refuse or cancel a Transaction at our discretion.

4.

We will, in our absolute discretion, refuse or cancel a Transaction where we offer or display the incorrect fee or Exchange Rate (significantly higher/lower than the correct fee or Exchange Rate at a particular point in time) at our branches or on the websites due to internal or external reasons or errors that we do not expect or cannot control.

5.

We will, in our absolute discretion, refuse or cancel a Transaction where we may not receive your payments for a Transaction within our requested time frame.

6.

We may, in our absolute discretion, refuse or cancel a Transaction where we believe that the Services are being used, whether by you the Customer, or the Receiver, when there is a

suspicion of illegal, fraudulent or unethical activities.

7.

We may in our absolute discretion, refuse or cancel a Transaction based on Customers or Receivers, including but not limited to entities and individuals on restricted or prohibited watch lists issued from time to time by any government authorities, if we are required to do so by law, or where we have reason to believe processing the Transactions would violate any local laws and regulations.

8.

We may refuse to process a Transaction funded by any Payment Methods where we have reason to believe that the Payment Method has been compromised or where we suspect the unauthorised or fraudulent use of the Payment Method.

9.

We may, in our absolute discretion, refuse or cancel a Transaction if we believe you are using the Services to purchase goods or services from unknown or suspicious third parties or in any way related to a suspicious purpose.

10.

We may in our absolute discretion, refuse or cancel a Transaction if:

a.

we are unable to verify your identity;

b.

you do not present valid identification documents upon request (including to collect a remittance or currency exchange transaction);

c.

we are unable to verify the identity of the Receiver if required;

d.

you do not comply with information, information confirmation and/or document requests;

e.

you make a payment for the Transaction from a bank account or card that does not belong to you;

f.

you make a payment for the Transaction from a bank account or card that we could not verify the account holder name. In that instance, we may ask you to provide supporting documents for the purpose of the account verification;

g.

we believe that you are using our online platforms to speculate on the Exchange Rate;

h.

we believe you are using the Services, or you are allowing it to be used, in breach of these Terms & Conditions or any applicable laws, rules or regulations.

i.

the cards used to pay for the Transaction are Prepaid/Gift cards, cards issued by organisations such as but not limited to American Express, JCB, Union Pay.

Where we have refused or cancelled a Transaction we may also, at our discretion, temporarily or permanently suspend your registration associated with your Account Details.

F. Refund request

1.

A request for a refund must be submitted to one of the contact points listed at the end of these Terms & Conditions. If you have any problems using the Services or are aware of any unauthorised or incorrectly executed Transaction, contact us through the channels listed at the end of these Terms & Conditions without delay.

2.

Once the refund request either by ASANPAY or by customer is approved, we will process the refund on the same day. Refunds will be credited back to the same bank account, card or payment sources that you used to pay for the transaction in the same currency. You are likely to receive funds within 1-3 business days depending on the Payment Methods.

G. Request to close the account

1.

We have an obligation to have all records be kept and stored securely and safely within a certain timeframe by law and regulations. You can request to close your account, but records of your account need to be kept within the required timeframes.

2.

When your account is closed off you cannot access our online or in-branch Services. If you want to re-use our Services, you need to request to reactivate the account at our branches.

3.

It takes 1-3 business days for us to take action on your requests.

4.

You can still access your historical Transaction statement even if the account is closed. You need to contact us for this request.

H. Electronic Communications

1.

You acknowledge that these Terms & Conditions shall be entered into electronically or via acceptance of your signature and that the following categories of information ("Communications") may be provided by electronic means:

a.

these Terms & Conditions and any amendments, modifications or supplements to them;

b.

your records (e.g. Transactions) through the Services;

c.

any initial, periodic or other disclosures or notices provided in connection with the Services, including without limitation those required by law;

d.

any customer service communications, including without limitation communications with respect to claims of error or unauthorised use of the Services; and

e.

any other communication related to the Services or ASANPAY.

2.

You may withdraw your consent to receive Communications electronically, but if you do, we will still be able to contact you for the purposes of fulfilling your Transaction. In order to withdraw your consent, you must contact us using our contact information at the end of these Terms and Conditions.

3.

In order to access and retain Communications, you must have or have access to the following:

a.

an internet browser that supports 256 – bit such as Internet Explorer version 9.0 or above;

b.

an email account, email software capable of interfacing with ASANPAY email servers and the capability to read email from ASANPAY, and a device and internet connection capable of supporting the foregoing; and

c.

sufficient electronic storage capacity on your electronic device’s hard drive or other data storage unit; or

d.

a printer that is capable of printing from your browser and email software.

4.

In addition, you must promptly update us with any change in your email address by contacting us via one of the contact points listed at the end of these Terms & Conditions. In compliance with our privacy policy, we must carry out our verification before we can update your Registration profile.

I. System Maintenance

1. We will inform you when our system is undergoing substantial maintenance (at least 12 hours) which may cause the interruption to access our online platform. However, we are not responsible to inform you of our Service Provider’s system maintenance. If the Service Provider’s systems are under maintenance, it will cause delays in processing your order Request.

J. Promotions and Vouchers

1.

Periods for all promotions and vouchers are based on the Victoria, Australia time zone. After the expiry date, the discount will be automatically invalid.

2.

Specific terms and conditions that apply to Promotions and Vouchers will be outlined in the channels used to promote them.

3.

Promotions

a.

The promotion is subject to availability and may be subject to change or termination without prior notice.

b.

Promotions may differ based on many factors, including but not limited to the country you are sending to or the currency that you are sending.

c.

Promotions may or may not be combined with any other offer.

d.

Customers must comply with the specified requirements and deadlines to take advantage of the Promotion.

e.

By participating in the Promotion, Customers agree to follow these Terms & Conditions and any additional conditions specified.

4.

Vouchers

a.

Vouchers are designated exclusively tone customer and non-transferable to any other person.

b.

Vouchers cannot be redeemed for cash.

c.

Each voucher may have its own terms, including but not limited to validity period, usage limitations, and specific conditions.

d.

Vouchers cannot be combined with other vouchers.

e.

Vouchers may or may not be combined with a Promotion.

f.

Customers must select the Voucher or Voucher code accurately during the transaction process to apply it to the transaction.

g.

Once redeemed, the Voucher will automatically be considered as used. This action is not reversible regardless of any reason or change to the transaction.

h.

We reserve the right to cancel or invalidate any Voucher if we suspect misuse, fraud, or violation of terms.

i.

By using the Voucher, Customers agree to follow these Terms & Conditions and any additional conditions specified.

Remittance A. Transaction confirmation

1. The details of the Transaction will be displayed on the receipt or websites, and you will be asked to confirm this. The details will include but not limited to the details of the Customer, Receiver, Delivery Method, Transaction Amount, Receiving Currency, Service Fees, Total Amount and Exchange Rate, if any. By paying the Total Amount you agree that the 

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