This Agreement contains 26 sections. 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 section [3].
2.1 What this Agreement covers. These are the terms and conditions on which we provide our Services to you.
2.2 Why you should read them. 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.
2.3 Other additional documents which apply to you. This Agreement refers to the following additional documents, which also apply to your use of our Services:
2.4 Future changes to this Agreement. All future changes to our Customer Agreement will take effect as soon as it is posted on our website or on the date notified to you.
2.5 You accept this Agreement. By visiting our Website and/or using our Services (including downloading and using our App, a social media platform, or other authorised third party), you confirm that you accept and agree to this Agreement (including any Updates and the additional documents referred to above). If you do not agree, please do not use our Services.
2.6 Where to get a copy of this Agreement. You can always see the most current version of this Agreement on our Website. If you want more information regarding this Agreement, please contact our Customer Support.
In this Agreement:
4.1 App subject to this Agreement and the Appstore Rules. We license the use of the App to you on the basis of 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.
4.2 App updates. 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.
4.3 Your right to use the App. 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 subject to this Agreement. We reserve all other rights.
5.1 Our company information. The Services are provided by CRYSTAL REMIT (“CRYSTAL REMIT”, “we”, “us”, or “our” as applicable) with ABN 99668600520 and our registered address Ground Floor 470 St Kilda Road, Melbourne, VIC, AU.
5.4 How to contact us. You can contact us by email, telephone. Our contact details are provided on our Website.
6.1 You must be 18 years or over. If you are an individual, you must be 18 years or older to use our Services and by opening a CRYSTAL REMIT Account you declare that you are 18 years or older. We may ask you at any time to show proof of your age.
6.2 You must have authority to bind your business. If you are not a consumer, you confirm that you have authority to bind any business or entity on whose behalf you use our Services, and that business or entity accepts these terms.
6.3 Your use of the CRYSTAL REMIT Account must not violate any applicable laws. You commit to us that your opening and/or using of a CRYSTAL REMIT Account does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.
7.1 About your Account
7.2 Financial Claims Scheme DOES NOT apply. Your Account is an electronic money account and is not a bank account. You acknowledge that the Government’s Financial Claims Scheme does not apply to your Account. However, we follow the requirements under the Corporations Act 2001 (Cth) which are designed to ensure the safety of funds held in electronic money accounts like your Account.
8.1 Open an Account. To start using our Services, you must open an Account and provide your details as prompted.
8.2 Information must be accurate. 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 provide additional supporting documents.
8.3 One account per person or entity. You may only open one Account unless we have agreed in writing the opening of additional accounts. we may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, we may close or merge these duplicate accounts at its sole discretion.
9.1 We are required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction for example, your recipient) in order to provide any Services to you. You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports. You authorise us to obtain one or more of your credit reports, from time to time, to establish, or update your Account with us or in the event of a dispute relating to this Agreement and activity under your Account.
9.2 You agree to disclose your name, residential address and date of birth to a credit reporting agency and ask the credit reporting agency to provide and confirm whether the personal information provided matches (in whole or in part) personal information contained in a credit information file. The credit reporting agency may provide the result to CRYSTAL REMIT. If you disagree with having your identity information provided to the credit reporting agency, please contact CRYSTAL REMIT.
10.1 Keep your Account safe
(i) What to do. You must:
(ii) What NOT to do. You must NOT:
10.2 Contact us if you suspect your Account has been compromised. If you suspect your Account or other security credentials are stolen, lost, used without your authorisation or otherwise compromised, you must contact us immediately. Any undue delays in notifying us may affect the security of your Account and also result in you being responsible for financial losses.
11.1 How to process a direct transfer payment. You may use your account or register for new account (new customers) and follow the steps as they appear on screen. We are not responsible for the money you have paid until we have received them. For clarity, we are the recipient of funds and not the payment services provider.
11.2 Payment Methods. You may be presented with one or more methods of payments for example, bank transfer, credit cards or debit cards, we do not store any of your payment details such as credit card information, you must provide a valid payment method everytime you wish to use the direct money transfer.
11.3 Payment instrument must be in your name. Any payment instrument (for example, the credit card or debit card) you use with your chosen payment method must be in your name.
11.4 Chargebacks on your payment instrument. If you selected a payment method which gives you chargeback rights (for example in relation to your credit card, you may ask your card provider to reverse a transaction on your card), you promise that you will only exercise this chargeback right if:
You promise that you will not exercise your chargeback right for reasons which we are not responsible, including a dispute with your recipient or if there are insufficient funds in your payment instrument. If we need to investigate or take any actions in connection with a chargeback raised by you, we may charge you for our costs in doing so and may deduct such amount from your Account.
11.5 Payment limits on your Account. For legal and security reasons, we may impose limits on how much you can transfer through your Account.
12.1 Setting up your transfer order You must set up your transfer order from your Account which is a transfer order where you indicate that you wish to send and convert a fixed amount of Source Currency to your recipient who will receive the converted amount in the Target Currency;
12.2 Information you need to provide to set up a transfer order. To set up a transfer order via your Account, you need to provide certain information to us including (a) the full name of your recipient, (b) your recipient’s bank account details and (c) amount to be transferred.
12.3 Transfer order limits. We may place limits on the amount you may send per transfer.
12.4 When is your transfer order received. If your transfer order is received by us after 5pm on a Business Day or not on a Business Day, your payment order will be deemed received on the following Business Day. It might take longer for the beneficiary to receive the intended transfer amount based on the destination country.
12.5 What happens after you have submitted your transfer order. Once we have received your transfer order, we will mark it as ready to be processed. Each transfer order is given a unique transaction number. You should quote this number when communicating with us about a particular transfer order.
12.6 You need to provide us with sufficient funds before we can process your transfer order. We will only process your transfer order if we hold or have received sufficient cleared funds in your Account. It is your responsibility to fund your transfer order in a timely manner. We cannot be responsible for the time it takes for the money to be sent to us by your bank or payment service provider.
12.7 Verification checks may increase the time for processing your payment order. We carry out verification checks, and these checks may increase the time it takes to process your transfer order. We cannot be responsible for any delays as a result of carrying out those checks.
12.8 We will use reasonable efforts to ensure funds arrive at your recipient’s account within the transfer timeframe. We will use reasonable efforts to ensure that the funds arrive in the recipient’s bank account or payment account within the transfer timeframe. We do not have any control over the time it may take for the recipient’s bank or payment provider to credit and make available funds to the recipient.
12.9 Refusal of your transfer order. If we are unable to complete your transfer order, we will let you know and, if possible, the reasons for the refusal and an explanation on how to correct any factual errors. However, we are not required to notify you if such notification would be unlawful.
12.10 You may cancel your transfer order before the delivery of the transfer amount. You may cancel your transfer order by contacting us. You cannot cancel your transfer order once your transfer amount has been delivered to the nominated receipient.
12.11 You must ensure the information you provide to us is correct. You must make sure that the information you provide when setting up a transfer order is accurate. If we have processed your order in accordance with the information you have provided to us it will be considered correctly completed even if you have made a mistake.
12.12 What happens if you provide us with incorrect information. If you provide incorrect information with your transfer order, we will use reasonable efforts to recover the funds for you, and a charge fee may apply.
13.1 The applicable exchange rate.
We will let you know the exchange rate:
13.2 Exchange rate.
14.1 Transaction history is displayed on our mobile App. All your transactions are recorded in the transaction history section when you use our mobile App. You may access this information after you log in. We have allocated a reference number to each transaction, you should quote this reference number when communicating with us about a particular transaction.
14.2 Request transfer transaction history. You may request a report of your transaction history depends on the relevant laws and regulations on data retention
14.3 Taxes. 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.
15.1 You must pay the full amount including any fees. You must pay the full amount including any fees in connection with the use of our Services. We will not process your transaction until we have received the full amount including our fees from you.
16.1 You may close your Account at any time. You may end this Agreement and close your Account at any time by contacting our Customer Support.
16.2 You must not close your Account to avoid an investigation. You must not close your Account to avoid an investigation. If you attempt to close your Account during an investigation, we may hold your money until the investigation is fully completed in order to protect our or a third party’s interest.
17.1 While you are using our Services, you may use the Materials only for your personal use and solely as necessary in relation to those Services.
17.2 Materials include any software (including without limitation the App, 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:
18.1 We are responsible to you for foreseeable loss and damage caused by us. If we do not reasonably meet our commitments to you, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during your account sign up process.
18.2 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.
18.3 We are not liable for business losses. 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.
18.4 We are not liable for technological attacks. 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.
18.5 We have no control over websites linked to and from our Website. We assume no responsibility for their content or any loss or damage that may arise from your use of them.
18.6 You are responsible for checking your transfer orders. You are responsible for checking and verifying the informtion provided in the transfer order including but not limited to the beneficiary details.
18.7 We are not liable for things which are outside of our control. We (and our affiliates) cannot be liable for our inability to deliver or delay as a result of things which are outside our control.
18.8 You are liable for breaking this Agreement or applicable laws. 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.
18.9 What happens if you owe us money. 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 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.
19.1 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 Service without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period. 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.
20.1 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 cannot guarantee that our Services will be free from bugs or viruses.
20.2 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. By breaching this provision, you may be committing a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website and/or our Services will cease immediately.
21.1 You may link to our Website provided you follow certain rules. You may link to our Website, provided:
We reserve the right to withdraw linking permission without notice.
22.1 We may end this Agreement by giving you prior notice. We may end this Agreement and close your Account or any service associated with it by giving you prior notice.
22.2 We may suspend or close your Account without notice in certain circumstances. We may at any time suspend or close your Account and/or end this Agreement without notice if:
22.3 We may suspend your Account for security reasons. We may suspend your Account or restrict its functionality if we have reasonable concerns about:
22.4 We will give you notice of suspension where possible. We will give you prior notice of any suspension or restriction and the reasons for such suspension or restriction as soon as we can, unless notifying you would be unlawful or compromise our reasonable security measures. We will lift the suspension and/or the restriction as soon as practicable after the reasons for the suspension and/or restriction have ceased to exist.
22.5 You can not use the App if this Agreement ends. On termination for any reason all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.
23.1 We may change this Agreement by giving you prior written notice. If we do this, you can terminate this Agreement immediately by providing written notice to us during the notice period. If we do not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice.
23.2 In some instances, we may change this Agreement immediately. Despite section 23.1, changes to this Agreement which are: (1) more favourable to you; (2) required by law; or (3) related to the addition of a new service, extra functionality to the existing Service; or (4) changes which neither reduce your rights nor increase your responsibilities, will come into effect immediately if they are stated in the change notice. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change.
24.1 We usually contact you via email. For this purpose, you must at all times maintain at least one valid email address in your Account profile. If you don’t maintain or check your email and other methods of communications, you will miss emails about your transactions and our Services. We cannot be liable for any consequence or loss if you don’t do this. If we have reasonable concerns either about the security of your Account, or any suspected or actual fraudulent use of your Account, we will contact you via telephone, email, or both (unless contacting you would be unlawful or compromise our reasonable security measures).
24.2 Other ways we may contact you. In addition to communicating via email, we may contact you via letter or telephone where appropriate. If you use any mobile services, we may also communicate with you via SMS. Any communications or notices sent by:
24.3 Where legislation requires us to provide information to you on a durable medium, we will either send you an email (with or without attachment) or send you a notification pointing you to information on our Website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. Do keep copies of all communications we send or make available to you.
24.4 If you need a copy of the current Agreement or any other relevant document, please contact our Customer Support team.
24.5 This Agreement is made in the English language. Documents or communications in any other languages are for your convenience and only the English language version of them are official.
25.1 If you have any complaints about us or our Services, you may contact us via our website contact form or by phone.
26.1 Nobody else has any rights under this Agreement. 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.
26.2 We may transfer this Agreement to someone else. You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under this Agreement without our prior written consent. We reserve the right to transfer, assign or novate this Agreement or any right or obligation under this Agreement at any time without your consent. This does not affect your rights to close your Account under section 16.
26.3 If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
26.4 Even if we delay in enforcing this Agreement, we can still enforce it later. If we delay in asking you to do certain things or in taking action, it will not prevent us taking steps against you at a later date.
26.5 This Agreement supersedes any other previous agreements. This Agreement supersedes and extinguishes all previous agreements between you and CRYSTAL REMIT, whether written or oral, relating to its subject matter.