5. Service terms
5.1 Exchange services
In providing Services relating to facilitating the exchange of cryptocurrency for fiat currency (and vice versa) and subsequently transferring the fiat currency to your nominated payment destination (as set out in paragraph (h)) or cryptocurrency to your wallet address (as the case requires), we may provide to you a service that matches offers made by you to buy or sell cryptocurrencies with opposing offers made by nominated third party service providers (Exchange Dealers).
You agree, authorise, direct and consent to us:
communicating any offer submitted by you using the Services to buy cryptocurrency from Exchange Dealers in exchange for fiat currency at a nominated exchange rate (Buy Offer);
communicating any offer submitted by you using the Services to sell cryptocurrency to Exchange Dealers in exchange for fiat currency at a nominated exchange rate (Sell Offer);
matching your Buy Offer or Sell Offer with opposing offers by Exchange Dealers to accept your fiat currency to purchase their cryptocurrency or to purchase your cryptocurrency for fiat currency (as the case requires) at a corresponding exchange rate; and
communicating to you the acceptance of a Buy Offer or Sell Offer by an Exchange Dealer.
You acknowledge and agree that each transaction relating to a Buy Offer or Sell Offer constitutes a transaction as between you and RelayPay as principal. RelayPay facilitates transactions with you through back-to-back transactions with Exchange Dealers that may correlate to transactions entered into with you, however RelayPay is not acting on your behalf in relation to a transaction with an Exchange Dealer.All monies owed by you under a transaction are owed to us as a principal counter party and not to any other person. You do not have any relationship or engage in any transaction directly with an ExchangeDealer through the Services.
Cryptocurrency may only be exchanged for Australian dollars using the Services. We may support Australian dollars and other fiat currencies to be exchanged for cryptocurrency using the Services.Supported fiat currencies may be varied from time to time (in our absolute discretion).
All Buy Offers or Sell Offers are irrevocable once submitted. We may (in our absolute discretion) but are not required or obliged to, stop, refund, suspend or reverse any change of fiat currency into cryptocurrency or cryptocurrency into fiat currency, or any BPAY payment or electronic funds transfer made on your behalf.
You acknowledge and agree that once a Buy Offer is accepted by us and an Exchange Dealer, you must pay the corresponding amount of fiat currency specified in the Buy Offer via one of our supported payment methods (Fiat Currency Payment). Once we have received confirmation that the Fiat CurrencyPayment has been received by us, we will facilitate the corresponding transfer of cryptocurrency to your nominated cryptocurrency wallet address (Cryptocurrency Transfer). You must provide us with your nominated cryptocurrency wallet address details prior to the Buy Offer being accepted. You must provide a valid cryptocurrency wallet address and must not nominate a smart contract wallet address (see section 5.4).
You acknowledge and agree that once a Sell Offer is accepted by us and an Exchange Dealer, you must transfer the corresponding type and amount of cryptocurrency specified in the Sell Offer to the nominated cryptocurrency wallet (Cryptocurrency Payment). We will provide you with the relevant cryptocurrency wallet address at the time a Sell Offer is accepted. Once we have received confirmation that the Cryptocurrency Payment has been received by us or the Exchange Dealer, we will facilitate the corresponding transfer of fiat currency to your nominated payment destination (as set out in paragraph(h)) (Fiat Currency Transfer). You must not transfer cryptocurrency from a smart contract wallet address (see section 5.4).
You may nominate the payment destination to which a Fiat Currency Transfer is made, including:
Despite any other provision in these Terms, we retain the right to refuse to provide the Services to you for any reason, such right to be exercised in our sole and absolute discretion.
5.2 BPAY Payments
We will pay a BPAY bill, on your behalf in accordance with your instructions, only if:
As part of the Services, we may provide to you a service whereby you can make payments in Australian fiat currency using BPAY to a BPAY biller (BPAY Payments).
We will make a BPAY Payment, on your behalf in accordance with your instructions, only if:
(i) you connect your cryptocurrency wallet to your account in the Ecosystem, or you otherwise insert the cryptocurrency wallet address for the transaction as the withdrawal address and otherwise arrange for all necessary permissions concerning your cryptocurrency wallet for the transaction to occur;
(ii) you have the amount of selected crypto assets in your cryptocurrency wallet to be converted to the requested Australian fiat currency value, minus any applicable fees (see section 6);
(iii) you have specified the amount you would like to pay and provided us with a valid ‘Biller Code’ and ‘Reference’;
(iv) the BPAY Payment services are accessible.
All BPAY Payments (and the relevant conversion of crypto assets into Australian fiat currency) are irrevocable once submitted. We may (in our absolute discretion) but are not required or obliged to, stop, refund, suspend or reverse any BPAY Payment.
Despite any other provision in these Terms, we retain the right to refuse to provide the Services to you for any reason, such right to be exercised in our sole and absolute discretion.
5.3 Purchase and use of Gift Cards
(a) RelayPay partners with third party gift card providers (Gift Card Providers) to offer gift cards, gift certificates, and other forms of prepaid access and stored value (each a Gift Card) which you may purchase via RelayPay website. Prior to purchasing a Gift Card, please check and be aware of any expiry date, jurisdiction limitation and any disclaimers given by the issuer of the Gift Card (Gift Card Issuer) or the Gift Card Providers. It is your responsibility to carefully read and observe all terms, conditions, and disclosures relating to your purchase and use of the Gift Card. Except where required by applicable laws, we are unable to refund a Gift Card under any circumstance that is not set forth herein. After you purchase a Gift Card, you will receive the redemption instructions via email at the email address that you last provided to us through appropriate channels and as evidenced in our records (Gift CardRedemption Instructions). You may then redeem the Gift Card in accordance with the Gift CardRedemption Instructions. (https://giftagiftcards.com.au/terms-condition)
(b) Your order and use of the Gift Card is fulfilled and delivered by the Gift Card Providerhttps://giftagiftcards.com.au,if you encounter any issues arising from the Gift Card, including the redemption of the Gift Card, we will assist you in contacting the Gift Card Provider to resolve the issues.Notwithstanding the foregoing, we shall not be responsible for the delivery or your use of or redemption of the Gift Card.
(c) The risk of loss and title for Gift Cards pass to you upon the electronic transmission or transfer of the GiftCard to you or the designated recipient. You are solely responsible for safeguarding the Gift Card from unauthorized use and RelayPay shall not be responsible if any Gift Card is lost, stolen, destroyed, or otherwise used without your permission. You agree that the Gift Card Provider and/or the Gift CardIssuer are responsible for any local requirements that relate to the respective Gift Card(s) that they provide, issue, or otherwise make available, and that any discrepancy associated with such local requirements shall be disputed between you and the Gift Card Provider and/or Gift Card Issuer.
(d) In the event that a Gift Card Provider or Gift Card Issuer assigns the benefit of its credits to a third party, is declared insolvent, or has appointed or arranged to appoint a receiver or trustee in bankruptcy to take charge of all or part of its property and is therefore unable to fulfil your use or redemption of the GiftCard, except as expressly stated herein or otherwise provided by any applicable laws’ consumer protection regime, RelayPay shall not be obliged to and will not refund to you the purchase value of theGift Card and there is a chance that you are unable to recover any amount from the Gift Card Provider orGift Card
5.4 EFT
We will transfer Australian dollars to your Australian bank account, on your behalf in accordance with your instructions, only if:
you have provided us with valid Australian bank details (including applicable Bank-State-Branch number and account number) that corresponds to an Australian bank account that you own (and not a third party bank account); and
our banking provider network is available.
the BPAY services are accessible.
You must not nominate a bank account under these Terms that is not owned by you.
5.4 Transfers generally
A Fiat Currency Transfer will generally be completed in accordance with the following timeframes. Delivery method - Expected timeframe
Electronic funds transfer: Within 1 business day
BPAY payment: Within 1 business day
Cryptocurrency Transfers are subject to the block processing times of the applicable network supporting the relevant cryptocurrency, which vary and cannot be accurately estimated. However, CryptocurrencyTransfers have historically completed within 1 day.
A BPAY Payment will generally be completed within 1 business day.
Subject to clause 11 and to the extent permitted by law, we will not be liable to you or any other party for any loss, cost, damage, expense, fees, charges or liability suffered or incurred in relation to using theServices including:
any delayed or failed Cryptocurrency Payment or Cryptocurrency Transfer due to congestion on any cryptocurrency network or any other circumstances beyond our control;
you transferring cryptocurrency to the wrong account address or another account addressother than an address provided by us in relation to the relevant Cryptocurrency Payment;
us transferring cryptocurrency to the wrong account address as a result of you providing us with the wrong account address details to which we will transfer cryptocurrency for aCryptocurrency Transfer;
loss of cryptocurrency as a result of you nominating a smart contract wallet address or attempting to transfer cryptocurrency from a smart contract wallet address;
any fluctuations in the market price of any cryptocurrency used in relation to the Services;
any circumstances that are beyond our control that cause any delays in the timeframes set out in paragraphs (a) to (c) to complete a Fiat Currency Payment, Fiat Currency Transfer or BPAY Payment;
any fees or charges including late fees, dishonour fees and interest incurred by you or any other party in relation to any bills or any transactions. You are responsible for any fees and charges including any late fees, dishonour fees or interest incurred in relation to your bill or charged by your nominated financial institution;
your reliance on the estimated crypto/fiat exchange rate as it is indicative only, and the effective crypto/fiat exchange rate (which is the exchange rate at which conversion will occur)will be confirmed at the quote stage, before you confirm the relevant transaction;
you entering incorrect details in any of your instructions to us; and
you or any other party not receiving or being satisfied with the goods or services provided by the biller/recipient which are the subject matter of the bill being paid using the Services.
Subject to clause 11, we are not liable for mistaken, delayed or unauthorised payments on your behalf.In the event that BPAY or the receiving financial institution rejects or otherwise returns any payment to us, we will repay that amount of Australian dollars to you.
You acknowledge and agree that you are not entitled to claim any amount of Australian dollars received in exchange for the cryptocurrency you transfer to an Exchange Dealer with regard to any instruction. If the amount of Australian dollars actually received by us from an Exchange Dealer in relation to a BuyOffer or Sell Offer is different to the amount of Australian dollars that is required to pay a bill:
you will pay the difference if the amount received by us is less than what is required and we will have no obligation to pay this difference. If the amount received by us is less than what is required you will be asked to contact support and may be advised to pay the difference directly with the biller; or
we will keep the difference if the amount received by us is more than required and such amount shall be deemed an irrevocable ex gratia payment by you to us.
You will be able to see the details of your transactions through the Services on your online account. This includes being able to see at least your past ten (10) transactions.
5.5 Transaction limits
All transactions for the exchange of fiat currency for cryptocurrency through the Services must not exceed A$100,000 per transaction.
All transactions for the exchange of cryptocurrency for fiat currency and a subsequent Fiat CurrencyTransfer to your Australian bank account under clauses 5.1(h) and 5.3 through the Services must not exceed A$100,000 per transaction.
All transactions for the exchange of cryptocurrency for fiat currency and a subsequent Fiat CurrencyTransfer to a BPAY Biller under clauses 5.1(h) and 5.2 through the Services must not exceed A$1,000 per transaction.
Other transaction limits may apply, including those imposed by third parties (e.g., BPAY). We will notifyyou prior to entering into any transaction if the proposed transaction exceeds any applicable transactionlimits.
You must not direct us to make any payment that exceeds the limits set out in this clause 5.5. You acknowledge and agree that we may refuse any direction by you to make a payment that exceeds the limits set out in this clause 5.5 and we will not be liable to you for any loss resulting from such refusal.
11. Links and advertisements
The Ecosystem and Services may contain links to other third party websites and advertisements which include embedded links, which are provided for your information only. We have not reviewed any of the sited linked to the Ecosystem or Services and are not responsible for the content or accuracy of any offsite pages or any other sites linked to the Ecosystem or Services. The inclusion of any link or advertisement does not imply that we endorse or approve the linked site or the subject matter of the advertisement. You access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
13. Infringing or Objectionable content
If you believe the Ecosystem or Services contain elements that are objectionable, or infringe copyright or any other rights please contact us at support@relaypay.io and provide particulars of such content and a detailed description of why it is objectionable or infringing.
18. Contact us
For further information about the Ecosystem, the Services, these Terms, or to make a complaint, please contact us the details set out below.