1. CONTRACT FORMATION AND OVERVIEW
1.1 These terms and conditions ("Terms and Conditions") govern the terms under which you may access and use the website (and for the purpose of these Terms and Conditions “website” will include our App (where applicable) and the services associated with it (together, the "Service"). By accessing, registering with and requesting to use the Service, you agree to be bound by the terms of these Terms and Conditions. You do not have a standing arrangement to make Transactions; we can decide in our discretion whether or not to permit any Transaction you request. If you do not wish to be bound by the Terms and Conditions do not access, register with or use the Service. The language of these Terms and Conditions is English and all Services, instructions and transactions carried out in connection with it shall be in English.
1.2 In these Terms and Conditions, the terms "Instant Express Pty Ltd", "we", "us", and "our" refer to Instant Exchange Pty Ltd, together with its employees, directors, affiliates, successors, and assigns. Instant Exchange Pty Ltd is a company registered in Australia with ACN 644329395, with its registered office at 2 23 Foster Street Surry Hills NSW 2010
1.3 The terms "you" and "your" refer to users of the Service, as Senders, Recipients, other users or visitors to the website
1.4 These Terms and Conditions are effective from the date on which you first access, register or use the Service. Instant Exchange may unilaterally change the Terms and Conditions in its absolute discretion from time to time, but changes will only be effective from the date they are made and will not change the terms on which you previously used the Service. Any changes to these Terms and Conditions will be communicated to you. By continuing to use the Service after the proposed date on which the changes to these Terms and Conditions take effect, you are deemed to accept those changes.
1.5 The Service was created: (a) to assist customers to send money to their family and friends, and to receive money from family and friends, around the world; and (b)to offer customers the ability to credit a mobile phone account with Airtime Top Up. However, registration for the Service does not require us to accept or process any Transaction that you request. Each Transaction we do accept will be treated as a separate instruction. For security reasons, we recommend that you only send money or Airtime Top Up through the Service to people you know personally. You must not use the Service to send money or Airtime Top Up to strangers, for example sellers of goods and/or services, whether private or retail
1.6 Nothing in these Terms and Conditions or in any other information provided by Instant Exchange as part of the Service is intended to be, nor should it be construed to be, legal, financial, tax or other advice. You should consult your own professional advisers as to the effects of Australian or foreign laws which may apply to the Service.
1.7 By accepting these terms and conditions you give consent forInstant Remit PTY LTD to disclose your name, address and date of birth to Australia Post and from there to a credit reporting body to provide an assessment of whether the personal information so provided matches (in whole or in part) personal information contained in a credit information file held by the credit reporting body to assist in verifying your identity for the purposes of the Anti-Money Laundering and CounterTerrorism Act 2006.
You confirm these are your details and you have authority to provide them for identity check purposes. The credit reporting body may prepare and provide Instant Remit PTY LTD (via Australia Post) with such an assessment and may use your personal information including the names, address and dates of birth contained in credit information files of you and other individuals for the purposes of preparing such an assessment. If you disagree with having your identity verified by a credit reporting body, please contact Instant Remit PTY LTD so that we can discuss other options with you.”
In these Terms and Conditions:
"App" means InstantExpress’s web mobile application for the sending of Payment Requests and/or Transaction Requests.
"Airtime Top Up" means credit, which is added to a mobile phone account, which can be used to make calls, send text or picture messages and use data that is purchased by the Sender and credited to the Payee’s mobile phone account typically within a few seconds.
"Business Day" means any day on which we are open for business for the execution of Transaction Requests and/or Payment Requests.
"Destination Country" means the country in which the Payee receives money or Airtime Top Up through the Service.
"Instruction" means a Payment Request and/or a Transaction Request.
"Local Taxes" means any taxes or charges payable in the Destination Country.
"Payee" means someone who receives money or Airtime Top Up through the Service.
"Payment Instrument" means a valid instrument of payment such as a bank account, debit card or credit card.
"Payment Request" means a specific instruction from you to a Sender requesting a Transaction.
"Payout Amount" means the amount paid out, after any foreign exchange conversion, to the Payee’s account exclusive of the Service Fee.
(a) a Payee; or
(b) in the event that you are using the Service to send a Payment Request, someone who receives the Payment Request.
“Registration” means the registration details of the customer as updated from time to time.
"Sender" means someone who uses the Service to send money or Airtime Top Up.
"Service Fee" means InstantExpress’s fee plus any additional charges or Local Taxes applicable to each Transaction, which Instant Exchange may charge in its sole discretion in accordance with applicable laws, as may be described on the Instant Exchange website from time to time.
"Service Provider" means a local bank, money exchange house, or other third-party service providers (e.g. mobile network operators) in the Destination Country with whom Instant Exchange works to provide the Service.
"Transaction" means the transfer of money or Airtime Top Up through the Service.
"Transaction Amount" means the amount of money or the value of the Airtime Top Up that the Sender wishes to send to the Payee as a Transaction, excluding any applicable Service Fee and prior to any foreign exchange conversion.
"Transaction History" means the record of your Transactions on our website which you may access using your email and password registration details.
"Transaction Request" means a specific instruction from you requesting us to send money or Airtime Top Up to a Payee through the Service.
3. OUR OBLIGATIONS
3.1 Subject to these Terms and Conditions, we agree to provide the Service to you using reasonable care. You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.
3.2 We are not obliged to process and you have no right to make any particular Transaction. When you submit a Transaction Request, you are requesting that we process the Transaction on your behalf and consenting to the execution of the Transaction. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. If we decide not to process the Transaction, we will notify you promptly of that decision and repay to you the Transaction Amount received by us, provided that we are not prohibited by law from doing so. If we choose to proceed with the Transaction we may still suspend or cancel it in our discretion.
3.3 Instant Exchange reserves the right to modify or discontinue the Service or any part of the Service without notice, at any time and from time to time.
3.4 We may, in our absolute discretion, refuse any Transaction Request (as further detailed in clause 5) or impose limits on the Transaction Amount. We may do so either on a per Transaction basis or on an aggregate basis, and either in respect of one set of registration details or one Payment Instrument or on related sets of registration details or Payment Instruments.
3.5 Delivery times quoted on our service levels or elsewhere on our website are representative for the “normal” / average service and are not a guarantee of an individual Service or Transaction time.
3.6 We will attempt to process a Transaction promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction instructions; to contact you; or due to variations in business hours and currency availability; or otherwise to comply with applicable law.
3.7 We may send and receive notifications in relation to a Transaction by email and SMS. We will provide you with information after receipt of a Transaction Request enabling you to identify the Transaction, along with details of the amount of the Transaction in the currency used in the Transaction Request, our Service Fee, exchange rate and the date on which the Transaction Request was received.
3.8 We will attempt to provide Senders and Recipients with up to date information regarding the location and opening hours of our Service Providers by means of information on our website. However, you agree that Instant Exchange shall not be held responsible for any inaccuracies that may appear in that information or any consequential loss which may result from incorrect or incomplete information.
4. YOUR OBLIGATIONS
4.1 You agree that:
4.1.1 you will not access, use or attempt to use the Service to provide any Instructions unless you are at least 18 years old, and that you have the legal capacity to form a binding legal contract in any relevant jurisdiction;
4.1.2 for each Transaction Request that you submit, you will pay us the Service Fee in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction Request. To the maximum extent permitted by law, the Service Fee is non-refundable unless expressly stated in these Terms and Conditions;
4.1.3 if you submit a Transaction Request that results in Instant Exchange becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees;
4.1.4 we may apply a convenience fee for processing credit cards in certain jurisdictions at our discretion;
4.1.5 you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any Instruction being conducted through the Service;
4.1.6 in connection with your Registration and use of the Service, you will:
(a) provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes;
(b) provide us with any identity documents as may be requested by us;
(c) provide us with details of one or more Payment Instruments;
(d) provide us with true, accurate, current and complete information as we indicate on the website is required to receive the Service and any other information which may be required in relation to the Recipient; and
(e) provide us with:
(i) any other information that must be provided for a Transaction Request to be properly executed, as specified when you enter the details of the Transaction you are interested in on our website; or
(ii) such information relating to the Transaction as detailed in clause 5.5.
4.2 We do not accept any liability for loss or damages to you or any third party resulting from non-payment or delay in payment of a Payout Amount to a Payee or failure to perform an Instruction under the Service if you are in breach of your obligations listed in clause 4.1.
4.3 When you are using the Service under these Terms and Conditions, it is your responsibility to make sure all the details are accurate before submission. Once a Transaction Request has been received it is not normally possible to change any details of that Transaction Request. You will be given the opportunity to confirm the Transaction Request before submission and you must check the details carefully.
4.4 The total amount (the Transaction Amount, Service Fee and other applicable fees and charges) that you will be required to pay and the relevant exchange rate will be displayed clearly on the website before you are asked to confirm your Transaction and proceeding with the Transaction at this point is entirely optional.
4.5 When you pay a Transaction Amount in one currency and the Payout Amount is in another currency, there will be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. Instant Exchange and its Service Providers usually make a small profit in these circumstances. We guarantee you the Payout Amount in local currency. The margin taken on foreign currency exchange covers our risk in guaranteeing this. If a Payee’s account is denominated in a currency other than the currency you instructed us to make payment in there may be delays, additional charges or different exchange rates. The Sender is therefore responsible for ensuring that the currency requested for the Transaction matches the currency of the account where the funds are to be delivered.
4.6 Instant Exchange will have no responsibility for any fees or charges you may incur by the use of a particular Payment Instrument to fund 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 Service as a cash transaction rather than a purchase transaction.
4.7 You will only use the Service to send money to people that you know personally and not to pay for goods or services from third parties you do not know and trust. You acknowledge that Instant Exchange may refuse to process your Transaction Request where we believe you are using the Service to purchase goods or services from third parties you do not know and trust or where we believe that the Service is being used, by you or the Recipient, in furtherance of fraudulent, illegal or unethical activities. If you choose to pay third parties for goods and services using the Service, you acknowledge that Instant Exchange has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk.
4.8 Both you and the Recipient will only act on your own behalf. You may not submit an Instruction or receive a Transaction on behalf of a third person. If you intend to submit an Instruction or receive a Transaction on behalf of a third person, you must first inform Instant Exchange of your desire to do so and provide us with any additional information about the third person we may request in order that we may decide whether to permit the Instruction or Transaction.
4.9 In using the Service you will comply with these Terms and Conditions as well as any applicable laws, rules or regulations. It is a breach of these Terms and Conditions to use the Service to send Transaction Amounts: (i) to a Payee who has violated the Terms and Conditions, or (ii) in connection with illegal activity including but not limited to money-laundering, fraud and the funding of terrorist organisations. If Instant Exchange reasonably believes you are using the Service in connection with illegal activity or for any fraudulent purpose, or are permitting a third party to do so, Instant Exchange may report you to the appropriate legal authorities.
4.10 When using our website or the Service or when interacting with InstantExpress, with another user or with a third party, you will not:
4.10.1 breach these Terms and Conditions, or any other agreement between you and InstantExpress;
4.10.2 create more than one Registration without our prior written permission;
4.10.3 provide false, inaccurate, or misleading information;
4.10.4 allow anyone else access to your registration details, and you will keep those details safe and secure;
4.10.5 refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation;
4.10.6 use an anonymising proxy (a tool that attempts to make activity untraceable); or
4.10.7 copy or monitor our website using any robot, spider, or other automatic device or manual process, without our prior written permission.
4.11 You acknowledge that nothing in these Terms and Conditions or in any other information provided by Instant Exchange as part of the Service 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 Australian or foreign laws which may apply to the Service
5. OUR RIGHT TO REFUSE, SUSPEND OR CANCEL
5.1 Registration for the Service does not entitle you to make any Transaction that you request. We may refuse a Transaction at any time for any reason. Where we permit a Transaction, we may still suspend or cancel the Transaction or the Service under this clause.
5.2 We may refuse any Transaction Request, Payment Request or Transaction at any time for any reason (or cancel it where relevant). Not withstanding this, we set out here some examples of when that may occur.
5.2.1 We may, in our absolute discretion, refuse or cancel Transaction Requests or Transactions where we believe that the Service is being used, whether by you or the Recipient, in furtherance of illegal, fraudulent or unethical activities.
5.2.2 We may, in our absolute discretion, refuse or cancel Transaction Requests or Transactions from certain Senders or to certain Payees, including but not limited to entities and individuals on restricted or prohibited 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 Transaction Requests would violate anti-money laundering or counter-terrorism financing laws and regulations. We may refuse to process a Transaction funded from certain Payment Instruments where we have reason to believe the security of the Payment Instrument has been compromised or where we suspect the unauthorised or fraudulent use of the Payment Instrument.
5.2.3 We may, in our absolute discretion, refuse or cancel Transaction Requests or Transactions if Instant Exchange believes you are using the Service to purchase goods or services from third parties you do not know or trust.
5.2.4 We may, in our absolute discretion, refuse or cancel Transaction Requests, Payment Requests or Transactions if:
(a) Instant Exchange is unable to verify your identity;
(b) Instant Exchange is unable to verify the identity of the Recipient;
(c) you do not comply with information requests pursuant to clause 5.5; or
(d) Instant Exchange reasonably believes you are using the Service, or allowing it to be used, in breach of these Terms and Conditions or any applicable laws, rules or regulations.
5.3 Where Instant Exchange has refused or cancelled a Transaction Request, Transaction or Payment Request, Instant Exchange may also, at its discretion, temporarily or permanently suspend your Registration.
5.4 Where Instant Exchange temporarily or permanently suspends your Registration, or refuses or cancels a Transaction Request, Payment Request or a Transaction in accordance with this clause 5, Instant Exchange shall be entitled to retain any Service Fees already incurred.
5.5 In order to comply with our obligations under relevant laws, we reserve the right to ask for further information or evidence relating to the purpose of a Transaction.
6. YOUR RIGHT TO CANCEL; REFUNDS
6.1 To the extent permitted by law, once we have received your Instruction, you do not have the automatic right to revoke it.
6.2 Notwithstanding clause 6.1 above, Instant Exchange may, in its absolute discretion, attempt to cancel your Instruction if you have informed us that you wish to revoke it. In some cases, Instant Exchange may have initiated an irreversible request for funds to be paid out to your Payee by a Service Provider and therefore cannot guarantee cancellation will be successful. For successful revocations Instant Exchange will normally refund your money, less any reasonable revocation charges and any Service Fees already charged, within four (4) Business Days.
6.3 If you:
6.3.1 have any problems using the Service; or
6.3.2 are aware of any unauthorised or incorrectly executed Transaction,
you should contact us through the channels listed at the end of these Terms and Conditions without delay and in any event no later than 13 months after the date the Transaction Amount was debited, upon becoming aware of the unauthorised or incorrectly executed Transaction. A request for a refund must be submitted in writing (including by email) to one of the contact points listed at the bottom of these Terms and Conditions, giving the Sender's full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request.
6.4 If we have executed the Transaction in accordance with the instructions you have provided to us, and that information proves to have been incorrect, we are not liable for the incorrect execution of the Transaction. We will however make reasonable efforts to recover the funds. We may charge you a reasonable fee, reflective of our efforts, to do so.
6.5 Where Instant Exchange has executed the Transaction otherwise than in accordance with your Instruction, subject to clause 11.2, Instant Exchange will refund the full amount debited. Unless there are exceptional circumstances, no adjustment will be made for any currency fluctuations which may have occurred between the time you pay us the Transaction Amount and the time of credit.
6.6 Any refunds will be credited back to the same Payment Instrument used to fund the Transaction and in the same currency.
7. AIRTIME TOP UP
7.1 To send Airtime TopUp, you agree to comply with and undertake the provisions set out in these Terms and Conditions and this clause 7.
7.2 The Airtime TopUp service shall only be provided to you by us in respect of the mobile phone operators available on the website, which are subject to change and availability.
7.3 You will be required to input the mobile phone number to which any Airtime TopUp is to be credited into the appropriate space on the website. It is your responsibility to ensure that you have correctly inputted the mobile phone number. You will then be required to select the amount of Airtime Top-Up that you wish to credit that mobile phone number with.
7.4 When sending an Airtime Top Up, you will be asked to enter the Payee’s phone number twice. This is a unique identifier required to ensure that Airtime Top Up is not sent to the wrong person because of a mis-typed number. However, if you enter the wrong number twice, the transfer will go ahead and there is no way to reclaim or redirect the Airtime Top Up once the Transaction Request has been processed by us.
7.5 You are responsible for checking carefully with the Payee that you have their correct phone number.
7.6 The cost of Airtime TopUp will vary depending on the amount of Airtime TopUp that you wish to send to your friend or family member and according to the denominations displayed on the website.
7.7 The total amount (the Transaction Amount and our Service Fee) that you will be required to pay will be displayed clearly on the website before you are asked to confirm your Transaction and proceeding with the Transaction at this point is entirely optional.
7.8 A number of countries around the world have chosen to apply taxes to incoming Airtime Top Ups. When sending to a Payee in these countries, the corresponding deduction will be made from the Transaction Amount, meaning the Payee will get a lower amount of Airtime Top Up.
7.9 If the Payee you are sending to is in a country which does deduct taxes from Airtime Top Ups, you will see information about the rate on the Instant Exchange service or App before completing the transfer.
7.10 The Airtime Top Up is typically sent within a few seconds by us to the mobile phone number you provide upon successful payment by you. Occasionally, there may be a short delay before the relevant mobile operator applies the Airtime Top Up to the mobile phone number e.g. due to congestion on the local mobile network. If you have questions about a longer delay, please contact email@example.com
7.11 You agree and understand that we only act on your authorisation to send Airtime Top Up and the relevant mobile operator shall be solely liable to you and the Payee of the Airtime Top Up for the provision of mobile services related to the Airtime Top Up. Once the Airtime Top Up is sent to a mobile phone number, it cannot be refunded or removed from the phone. To stop this mistake from happening, we ask you to ensure that the number you have entered is correct.
7.12 You acknowledge that you will lose the right to cancel the Airtime Top Up once the Airtime Top Up service has been fully performed by us. Accordingly, you will have no right to request a refund under the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or the Australian Securities and Investments Commission Act 2001 (Cth).
7.13 Please note that the website limits the number of Airtime Top Ups that can be performed or the maximum value of Airtime Top Ups sent over a specific time period (e.g. daily, weekly, monthly).
7.14 Other limits and exclusions related to Airtime Top Ups or the use of the website may be applicable. You will be notified through the website or by email of these additional limitations should they exist or come into existence.
8. PAYMENT REQUEST
8.1 You agree that you will not send Payment Requests to strangers i.e. people you do not know personally.
8.2 You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.
8.3 We are not obliged, and there is no standing arrangement, to process any particular Payment Request. When you submit a Payment Request, you are requesting that we process the Payment Request on your behalf and consenting to us contacting the Sender for these purposes. You acknowledge and agree that, when we send a Payment Request by SMS text message to a Sender on your behalf, we may use the mobile telephone number associated with your Registration for this purpose (i.e. the Payment Request we send will show as being sent from your mobile telephone number). We may, in our sole discretion, choose whether or not to process that Payment Request, or impose limits on Payment Requests. In particular, we may, in our absolute discretion, refuse Payment Requests and/or suspend or cancel your Registration where (i) you are in breach of clause 4, (ii) we believe that the Service is being used, whether by you or the Sender, in furtherance of illegal, fraudulent or unethical activities, or (iii) we are required to do so by law (including applicable anti-money laundering and counter-terrorism legislation) or (iv) we are unable to verify either your identity or that of the Sender. However these are examples only, and we are not obliged to permit any Payment Request you submit.
8.4 Any Transaction that results from a Payment Request will be handled in accordance with these Terms and Conditions, which the Sender will need to accept prior to any Transaction proceeding.
8.5 Cancellation of Payment Requests. Once we have received your Payment Request, you may not cancel it. In such circumstances you would need to contact the Sender separately, and explain that you require the Payment Request to be treated as cancelled. Please therefore ensure that your Payment Requests are legitimate, accurate and complete.
8.6 The cancellation of a Transaction shall be governed by, and dealt in accordance with, these Terms and Conditions. You shall assist and co-operate with us in relation to all cancellation requests we receive from Senders after a Transaction has been initiated following your Payment Request. You shall, upon request from us, promptly refund to us or a third party of our choice (including the Sender) all monies you receive from a Transaction where we reasonably believe that a Transaction has resulted from your use of the Services in contravention of these Terms and Conditions.
9. COLLECTION OF INFORMATION
9.1 Customer Identification Program. Australian law requires financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information relating to you and the Recipient and we may also legally consult other sources to obtain information about you and the Recipient.
9.2 Verification and Checks. We will verify your residential address and personal details in order to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. Be assured that this is done only to confirm your identity, and that we do not perform credit checks and therefore your credit rating will be unaffected. We may also need to verify the identity of a Recipient in the same way. All information provided by you will be treated securely and strictly in accordance with the Privacy Act 1988 (Cth). By accepting these Terms and Conditions you authorise us to make any inquiries we consider necessary to validate the information that you provide to us. We may do this directly, for example by asking you for additional information, or requiring you to take steps to confirm ownership of your Payment Instruments or email address; or indirectly, for example by verifying your information against third party databases or through other sources.
9.5 Instant Exchange may, as necessary in providing the Service, store all information required of a Recipient to prove his or her identity or associated with their specific Instruction. Such proofs may include a suitable form of valid, unexpired identification from a list of acceptable papers provided by the Service Provider, and/or a transaction tracking number, a personal identification number (PIN), a "password", a "secret word", or other similar identifiers.
10. INTELLECTUAL PROPERTY
10.1 The Instant Exchange website and the Instant Exchange Service, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by us, our affiliates, or third parties. All right, title and interest in and to the Instant Exchange website and the Service shall remain our property and/or the property of such other third parties.
10.2 The Instant Exchange website and the Instant Exchange Service may be used only for the purposes permitted by these Terms and Conditions or described on the website. You are authorised solely to view and to retain a copy of the pages of the Instant Exchange website for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Instant Exchange website, the Instant Exchange Service or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Instant Exchange website or the Instant Exchange Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Instant Exchange website (or printed pages of the website). The name “InstantExpress” and other names and indicia of ownership of InstantExpress's products and/or services referred to on the Instant Exchange website are our exclusive marks or the exclusive marks of other third parties. Other products, services and company names appearing on the website may be trademarks of their respective owners, and therefore you should not use, copy or reproduce them in any way.
11. WARRANTIES AND LIABILITY
11.1 Where we have materially breached these Terms and Conditions causing a Sender loss, we will refund the Sender the Transaction Amount and the Service Fee.
11.2If a Transaction is delayed or fails, or if an executed Transaction is not authorised, you may have a right to receive a refund or compensation under laws relating to the provision of international money transfer services. In the case of any unauthorised or incorrectly executed Transaction, any such right may be prejudiced if you do not notify us of the unauthorised or incorrectly executed Transaction without delay, or in any event within thirteen months after the debit date. We will provide you with the further details of your rights to a refund or compensation if you contact us using the contact details at the end of these Terms and Conditions.
11.3 Any claim for compensation made by you must be supported by any available relevant documentation.
11.4 If any loss that you suffer is not covered by a right to payment under the laws referred to in clause 11.2, we will only accept liability for that loss up to a limit which is the greater of: (a) the amount of any Service Fee and (b) A$500, unless otherwise agreed by us in writing. The cap on our liability only limits a claim for loss arising out of any single Transaction or series of related Transactions, or (if a loss does not arise out of a Transaction or related Transactions) any single act, omission or event or related acts, omissions or events. This means that if, for example, you suffer loss by reason of our failure to perform our agreement with you under two unrelated Transactions, you might be able to claim up to A$1,000.
11.5 We do not, in any event, accept responsibility for:
11.5.1 any failure to perform the Service (e.g. your Instruction) as a result of circumstances which could reasonably be considered to be due to abnormal and unforeseen circumstances or outside our control or due to our obligations under any applicable laws, rules or regulations;
11.5.2 malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
11.5.3 any losses or delays in transmission of messages arising out of the use of any internet or telecommunications service provider or caused by any browser or other software which is not under our control; or
11.5.4 errors on the website or with the Service caused by incomplete or incorrect information provided to us by you or a third party.
11.6 Nothing in this clause 11 shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude our liability for fraud.
11.7 Where you are sending a Transaction Amount to a Payee who is not registered with us, you agree to accept the provisions of this clause 11 not only for yourself, but also on behalf of the Payee.
11.8 Your relationship is with Instant Exchange only. You agree that no affiliate or agent of Instant Exchange owes you any duty of care when performing a task which would otherwise have to be performed by Instant Exchange under its agreement with you.
11.9 You understand and acknowledge that you are liable for all losses incurred in respect of an unauthorised Transaction or Instruction or any other unauthorised use of the Service, where you have acted fraudulently or negligently and you agree to be responsible for and hold harmless InstantExpress, our subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of your use or misuse of this website or Service, all activities that occur under your password, Registration or e-mail login, your violation of these Terms and Conditions or any other violation of the rights of another person or party.
12. USE OF THE APP
12.2 Except as expressly set out in these Terms and Conditions or as permitted by any local law, you agree:
12.2.1 not to copy the App (except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security); and
12.2.2 not to rent, lease, sub-license, loan, alter, translate, merge, adapt, vary or modify the App.
12.3 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
12.4 We only supply the App for domestic and private use. Supply of the App does not oblige us to permit any Transaction you request. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Specifically (but without limitation), we do not accept any liability for loss or damages to you or any third party resulting from any:
12.4.1 delay in us processing an Instruction; or
12.4.2 refusal by us to execute a Transaction pursuant to these Terms and Conditions.
12.5 The App is provided to you free of charge and as a result no representations, conditions, warranties or other terms of any kind are given in respect of the App, and all statutory warranties and conditions are excluded to the fullest extent possible under applicable law.
12.6 In relation to your use of the App, we do not, in any event, to the extent permitted by law, accept responsibility for:
12.6.1 any failure to perform the Services, or any losses or delays in the transmission of messages, due to circumstances outside our control or due to our obligations under any applicable laws, rules or regulations;
12.6.2 malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages we send to one another;
12.6.3 errors in the App or with the Service caused by incomplete or incorrect information provided to us by you or a third party; or
13. ELECTRONIC COMMUNICATIONS
13.1 You acknowledge that these Terms and Conditions shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:
13.1.1 these Terms and Conditions and any amendments, modifications or supplements to it;
13.1.2 your records (e.g. of transactions) through the Service;
13.1.3 any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by law;
13.1.4 any customer service communications, including without limitation communications with respect to claims of error or unauthorised use of the Service; and
13.1.5 any other communication related to the Service or InstantExpress.
13.2 The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of these Terms and Conditions.
13.3 In order to access and retain Communications, you must have or have access to the following:
13.3.1 an internet browser that supports256 – bit such as Internet Explorer version 8.0 or above;
13.3.2 an e-mail account, e-mail software capable of interfacing with InstantExpress's e-mail servers and the capability to read e-mail from InstantExpress, and a device and internet connection capable of supporting the foregoing; and
13.3.3 sufficient electronic storage capacity on your electronic device’s hard drive or other data storage unit; or
13.3.4 a printer that is capable of printing from your browser and e-mail software.
13.4 In addition, you must promptly update us with any change in your email address by updating your profile at https://theinstaexchagne.com
14.1 You may terminate these Terms and Conditions on one month’s written notice. We may terminate these Terms and Conditions upon two months’ notice, except as provided for in clause 14.2.
14.2 We may terminate these Terms and Conditions with immediate effect if you:
14.2.1 become, or we reasonably believe or become aware you are likely to become, insolvent or are declared bankrupt;
14.2.2 are in breach of any provision of these Terms and Conditions;
14.2.3 use the Service or the website in a way that is disruptive to our other customers, or you do anything which in our opinion is likely to bring us into disrepute;
14.2.4 breach or attempt to breach the security of the website (including but not limited to: modifying or attempting to modify any information; unauthorised log-ins, unauthorised data access or deletion; interfering with the service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way); or
14.2.5 are, in InstantExpress’s reasonable belief, using the Service in connection with fraudulent, illegal or unethical activity, or permitting a third party to do so.
15.1 If you wish to make a complaint about a Transaction or any aspect of the Instant Exchange service, please send your complaint in writing to the address shown on the Contact Us page of our website or by email to firstname.lastname@example.org
15.2 We will acknowledge receipt of your complaint within 2 Business Days. We will investigate your complaint and come back to you with the results of our investigation no later than 7 Business Days after the receipt of our acknowledgement of your complaint.
16.1 Governing law: These Terms and Conditions are governed by the law of New South Wales and you and Instant Exchange submit to the exclusive jurisdiction of the courts of New South Wales.
16.2 No Waiver: The failure of Instant Exchange to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
16.3 We may modify these Terms and Conditions from time to time without notice to you, except as may be required by law. You can review the most current version of the Terms and Conditions at any time by reviewing the website. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify these Terms and Conditions and acknowledge that any attempts by you to modify these Terms and Conditions shall be void.
16.4 Entire Agreement: These Terms and Conditions constitute the entire agreement between you and Instant Exchange and supersede all prior understandings or agreements relating to the Service.
16.5 Severability: If any provision of the Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give appropriately valid effect to the intention of the Terms and Conditions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
16.6 Any external links to third-party websites on the website are provided as a convenience to you. These sites are not controlled by us in any way and we are not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk.
We take security very seriously at Instant Exchange and we work hard, using state-of-the-art security measures, to make sure that your information remains secure. The Instant Exchange Service is a safe and convenient way to send money and/ or Airtime Top Up 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. In particular, you should be very cautious of deals or offers that seem too good to be true - they may be scams. If you are aware of anyone or any entity that is using the Service inappropriately, please email us using our contact form. Similarly, if you receive any emails, purporting to be from InstantExpress, which you suspect may be "phishing" (fake) emails, please forward them to us using our contact form.
Questions, notices, and requests for refunds or further information should be sent to InstantExpress, as follows:
online at http://theinstaexchange.com/
by email to email@example.com
or by post to: Instant Express, Attn: Instant Express Pty Ltd,
2 23 Foster Street Surry Hills NSW 2010
Instant Australian bank to Nepali bank money transfer system. that is legal and fast FAMILY, FRIEND & BUSINESS with Instaexchange.