Terms & Conditions

Introduction

This User Agreement is effective as of August 14, 2024, and was most recently updated on August 14, 2024. These User Terms and Conditions ("Terms") form a legally binding agreement between Hanpass Global Pty Ltd ("Hanpass", "we", "us" or "our") and you when you use Hanpass products, services and platforms.

This document must be read in conjunction with the Privacy Policy.

1. Hanpass Service

Hanpass provides a platform through which consumers can send money internationally and exchange money for the currency of the destination jurisdiction ("Services").

2. Definitions

These Terms contain words that are defined in brackets in the body of the Terms or have the meanings assigned to those terms as follows:

"App" means the mobile application provided by us and through which you access the Services.
"Completion" means the point in time that the Recipient claims the money sent by the Sender through the Services.
"Customer Account" means your account through which you access the Services.
"Force Majeure" means events or causes including but not limited to, the following: an act of God, unavoidable accident of navigation, war (whether declared or not), sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), martial law, fire, flood, cyclone, earthquake, landslide, explosion, power or water shortage, failure of a transmission or communication network, epidemic, quarantine, strike or other labour difficulty or expropriation, restriction, prohibition, law, regulation, decree or other legally enforceable order of a government agency, breakage or accident, change of International, State or Commonwealth law or regulation.
"Payment Amount" has the meaning assigned to that term in clause 4.3.
"Payment Instrument" means the payment method used to make or receive payments when using the Service.
"Recipient" means the person who receives money from a Sender through a Service.
"Reference Number" means the unique identifying number assigned to a Transaction and which is used to track the progress of a Transaction.
"Sender" means the person sending money to a Recipient through a Service.
"Service Provider" means a person engaged by Hanpass to provide the Services.
"Transaction Amount" means the amount of money sent in a Transaction.
"Transaction" means a transaction involving money being sent by a Sender to a Recipient via a Service.
"Website" means the www.hanpass.com.au and any other webpage utilised by us to provide various aspects of or information regarding the Services.

3. ELIGIBILITY CRITERIA, SIGNING UP AND ACCOUNT

3.1 Age and Capacity. To access or use the Services, you must be:

(a) at least 18 years old; and

(b) able to form legally binding contracts under applicable law.

3.2 AML/CTF Obligations. To open a Customer Account, you agree you must provide us all identification and related information (including necessary personal information) requested by us. This information is necessary for us to perform customer verification as required under law, such as anti-money laundering and counter-terrorism financing obligations.

3.3 Transactions. We may accept or reject a request to initiate a Transaction via a Service.

3.4 Closing your Account. You may close your account in accordance with the steps outlined on our Website. You agree that you will continue to be responsible for all obligations related to your Customer Account and your use of the Services following closure of your Customer Account and termination of this Agreement. This includes any Payment Amounts and other fees and charges owed by you to Hanpass.

3.5 Unavailable Jurisdictions. The Service does not allow you to send money to all countries or jurisdictions. Available jurisdictions are outlined in the App.

4. FEES AND PAYMENT

4.1 Transaction Fee. Hanpass charges a fee for each Transaction. Fees for each Transaction will be displayed to you in the App prior to initiating the Transaction.

4.2 Fee Discounts. We may, from time to time, run promotions and offer discounts on fees. Promotions are subject to their own terms and conditions which will be made available alongside a promotion.

4.3 Charges. For each Transaction that you submit, you agree to pay us a Transaction fee plus the Transaction Amount (together, the "Payment Amount"). You will be notified of the Payment Amount in the App when you initiate a Transaction. The Payment Amount will be displayed in the currency you are sending and will include any applicable foreign exchange rate and fees.

4.4 Payment. To make a Transaction, you must make payment of the Payment Amount to us within the deadline, which is 48 hours unless otherwise stated. To execute a Transaction, you authorise us to access, charge, or debit funds from any of the Payment Instruments you provide us in connection with your use of the Service. If your Payment Amount fails to reach us in time or is insufficient, we will attempt to debit a Payment Instrument one or more times. You represent and warrant that you are the lawful owner of your Payment Instruments.

4.5 Other Charges. You agree and acknowledge that you are responsible for any fees imposed by financial institutions associated with your Payment Instruments. Such fees may include, but are not limited to, transaction fees, overdraw fees, insufficient fund fees, chargeback fees, and similar charges.

5. SENDING AND RECEIVING A REMITTANCE

5.1 Using the Service. In order to initiate a Transaction, you must:

(a) ensure your details in your Customer Account are up to date and accurate;

(b) send us the Payment Amount within 48 hours of making a Transaction request; and

5.2 Service Providers. To provide the Service, Hanpass engages various global Service Providers to make and receive Transactions in different jurisdictions. We provide information on our platform about the location, availability, and hours of our Service Providers, which information is provided to us by the Service Providers. However, you acknowledge and agree that we are not responsible for any inaccurate or incomplete information provided by our Service Providers.

5.3 Refunds. You authorise us to initiate credits, debits or other charges to your Customer Account or Payment Instrument to process subsequent refunds or other adjustments related to your instructions. It is your responsibility to promptly inform us about any unauthorised instruction or mistaken transactions made.

5.4 Responsibility for Loss. Subject to applicable law, under no circumstances will we be responsible for any loss or damage resulting from transfers of money from your Customer Account or Payment Instrument (regardless of such transfer being the result a scam or fraudulent action) under the following circumstances:

(a) you instruct us to transfer funds to an incorrect Recipient or destination by providing inaccurate, incomplete or incorrect information;

(b) you fail to update your own personal information;

(d) any delay by a bank, Service Provider or other third-party provider;

(e) malfunction, breakdown, interruption or other failure of the App, Website or Service Provider networks;

(f) unauthorised use of your Customer Account or your account credentials, including an unauthorised instruction that is submitted from your Customer Account;

(g) any failure or lack of security measures outside of our control;

(h) an inability to perform our obligations under these Terms because of factors beyond our control, including because of a Force Majeure event;

(i) your use of the Website and Services generally; or

(j) your misplacement or loss of passwords or access to verification technology (including dual factor authentication technology) that gives you access to your Customer Account,

except where such loss or damage results from our fraud, wilful default or gross negligence.

5.5 Balances. You may check your balance and transaction history on the Hanpass app.

5.6 No Changes. Subject to section 9, Transactions are generally irrevocable once sent, and we take no responsibility for verifying Recipient addresses or location you provide in relation to a Transaction. We may not able to reverse a Transaction once it has been made by you. You bear all responsibility for any losses that might be incurred as a result of sending money to an incorrect or unintended Recipient.

6. SERVICE RESTRICTIONS

6.1 Suspension of Customer Account. Subject to applicable law, we can immediately close your Customer Account, restrict or suspend your access to some or all of the Services or your Customer Account without prior notice in the following circumstances:

(a) we reasonably suspect that you have breached these Terms;

(b) we have reasonable grounds to believe that your continued access to your Customer Account would result in us or you breaching or being an accessory to a breach of the Corporations Act 2001 (Cth), any Australian law, the law of another country or any agreement entered into by us or you in relation to the provision of services under these Terms;

(c) we have reasonable grounds to believe that your Customer Account is, or may be, being used in connection with a breach of the Anti-Money Laundering and Counter-Terrorism Financial Act 2006 (Cth) or similar law of another country;

(d) you use (or appear to use) our Website or App in a way that we think is inappropriate or unreasonable;

(e) you use the Service through automated or non-human means, whether through a bot, script, or otherwise; or

(f) you use the Service to send or receive a Transaction on behalf of any other person.

6.2 Modification and Suspension. We reserve the right at any time to modify or discontinue all or any part of the Service with or without notice to protect our reasonable interests, for maintenance, or to address any other matters relating to the operation of the Service, including (but not limited to) suspicion of illegal or inappropriate activity.

6.3 Delays. Your Transaction may be delayed due to certain requirements in these Terms (such as the verification of your identity and Payment Instruments) and otherwise to comply with laws or take reasonable steps to manage our financial risk. Factors outside of our control, such as systems availability and currency availability of our Service Providers, may also cause delays.

6.4 Refusal of Transactions. We may, at any time, refuse any Transaction or limit the amount to be transferred without prior notice, under the following circumstances:

(a) we have reasonable grounds to believe that the Transaction is a breach of these Terms or violates applicable laws;

(b) a Transaction is from Senders or to Recipients that are included on the Specially Designated Nationals list maintained by the Consolidated List maintained by the Australian Department of Foreign Affairs and Trade, United States Office of Foreign Assets Control, Non-cooperative Countries and Territories list maintained by the Financial Action Task Force, the Consolidated List maintained by the Office of Financial Sanctions Implementation and any similar lists maintained by a government entity (collectively, a "Sanctions List"); or

(c) where you do not provide reasonable additional information necessary to undertake ongoing KYC procedures under applicable law.

6.5 Unauthorised Transactions and Purposes. It is a violation of this Agreement to use the Service for any of the following activities:

(a) sending money to support or purchase any sexually-oriented materials or services, gambling activities, fraudulent activity, money-laundering, terrorism financing, tobacco products, tobacco related paraphernalia, firearms, prescription drugs, or other banned or controlled substances;

(b) sending money to a Recipient that has violated these Terms;

(d) without limiting 6.4(b) above, sending or receiving money from a person or entity designated on a Sanctions List.

6.6 Liability. Subject to applicable law, we shall have no liability to you, in connection with: (1) any actual or purported instruction; (2) any unauthorised instruction; (3) any Transaction not being intended by you; or (4) your use of the Services, except where such loss or damage results from our fraud, wilful default or gross negligence.

6.7 Law Enforcement. You agree and acknowledge that Hanpass may be required to report your use of the Services to law enforcement or regulatory authorities if required to do so under applicable law.

7. COLLECTION OF PERSONAL INFORMATION

7.1 Privacy Policy. By agreeing to these Terms, you acknowledge and consent to our Privacy Policy. Please refer to Privacy Policy on our Website, here.

7.2 Government Disclosures. We may provide information about you and your Transactions to government authorities and enforcement agencies if we are compelled to do so by law.

8. ERROR RESOLUTION

8.1 Error Resolution. If you think there has been an error or problem with your remittance transfer:

i. Call us at +61 02 8912 2193

ii. Email us at admin.au@hanpass.com

iii. Write to us at Level 25, 100 Mount Street, North Sydney, NSW, 2060 Australia

8.2 Error Time Limit. If you believe there is an error with a Transaction, you must contact us within 60 days of the date on which the Transaction was initiated or date of Completion. You must provide the following information:

(a) your name, email address and mobile number;

(b) a description of the error;

(d) the Transaction Amount of the transfer; and

(e) the Reference Number.

8.3 Error Response. We will begin an investigation upon receiving the above information and endeavour to complete it within 30 days. Within 3 business days after the investigation is complete, we will share the outcomes of the investigation with you

9. CANCELLATIONS AND REFUNDS

9.1 Cancellation. You can cancel your Transaction prior to its Completion.

9.2 Transaction Expiration. Your transaction request expires after 48 hours. If the Payment Amount is not paid to us or the Transaction requires a correction, the transaction request may be cancelled without further notice to you.

9.3 Refunds. If eligible for a refund, it will be credited in the sending currency to the same Payment Instrument used to pay for the Transaction. Refund amounts will not be adjusted to account for changes in the value of the sending currency or foreign currency from the time your Transaction was submitted. The Transaction Amount will not be refunded after Completion.

9.4 Refund Amount. We reserve the right to:

(a) retain the fees charged for the Service or a Transaction;

(b) refuse refunds of amounts smaller than AUD$10 (or equivalent value of other currency); and

(c) charge a refund fee of AUD$10 (or equivalent value of other currency), according to the currency with which you pay us.

9.5 Coupons. Coupons are not redeemable in cash and its use is not refundable.

9.6 Processing Time. The following applies to requests to cancel a Transaction:

(a) If we have initiated a money transfer when you notify us to cancel a Transaction, we may not be able to successfully cancel the Transaction.

(b) If a Transaction has not been sent to our partners, we will attempt not to debit your Payment Instrument upon receiving your request for cancellation. However, if an irreversible request for funds has been made to your financial institution, your Payment Instrument may be debited. We will attempt to refund your money within 10 business days upon receiving the Transaction Amount from your financial institution.

(c) If we do not transfer the money to the Recipient within 10 days after your instructions have been received, provided no breaches of these Terms have occurred, you may request a refund of the Transaction Amount you paid us to be sent to the Recipient.

(d) If the Recipient does not collect the money within 12 months after the date it became available for collection, all rights of cancellation of the Transaction or refund of the money transferred or the fees shall be deemed to be waived by you.

10. DISCLAIMER OF WARRANTIES

10.1 You agree that you have not relied on any representation, description, illustration or specification that is not expressly stated in these Terms.

10.2 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by Schedule 2 to the Competition and Consumer Act 2010 (Cth) ("ACL"), Australian Securities and Investments Commission Act 2001 (Cth) or any other applicable law, that cannot be excluded, restricted or modified by agreement. Nothing in these Terms excludes, restricts or modifies our liability in respect of our gross negligence, fraud or wilful misconduct.

10.3 To the extent permitted by law, Hanpass excludes all warranties, whether express or implied (not including any consumer guarantees under the ACL), including any warranties or representations concerning availability of the Services, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Services including content, all links to or from the Services and any other services advertised or accessible using the Services. Subject to the consumer guarantees provided for in consumer protection legislation (including the ACL), we do not warrant that you will have continuous access to the Services. We will not be liable in the event that the App or the full functionality of the Services are unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.

10.4 We and the Service Providers do not guarantee the delivery of communications over the internet as such communications rely on third party service providers. The exchange of information electronically is vulnerable to interception by third parties and we do not guarantee the security or confidentiality of information available through the Services nor the security of the Services. Whilst we strive to protect information transmitted via the Services, any such information is transmitted at your own risk.

10.5 To the extent permitted by law (including the ACL), Hanpass's liability in respect of any non-excludable warranties or conditions relating to the Services including content, all links to or from the Services and any other services advertised or accessible using the Content is limited to resupplying the relevant Services or the reasonable cost of resupplying the relevant Services, whichever Hanpass sees fit to provide.

11. INDEMNITY

You agree to indemnify and hold Hanpass, its affiliates, suppliers, vendors, Service Providers and their respective subsidiaries, officers, directors, agents, partners, employees, and consultants harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of this Agreement or any law, or your violation of any rights of a third party, except where such loss or damage results from fraud, wilful default or gross negligence of Hanpass.

12. LIMITATION OF LIABILITY

12.1 Except where Hanpass fails to meet a consumer guarantee under the ACL and notwithstanding any other provision of these Terms, Hanpass, its service providers, or respective subsidiaries, officers, agents, partners, or employees will not be liable to you for any damage, loss or expense resulting from or caused by:

(a) your use of the Services;

(b) any act of Hanpass which was carried out in good faith and which did not involve Hanpass's gross negligence, criminal conduct, fraud or wilful misconduct (notwithstanding that such act may have been in breach of these Terms);

(d) any inaccurate or incorrect information in recipient details or other information provided by you;

(e) any event or circumstance beyond Hanpass's reasonable control including, without limitation, a Force Majeure Event; and

(f) any breach of these Terms, negligence, default, fraud or dishonesty by you,

except to the extent caused by our fraud, wilful default or gross negligence.

12.2 Notwithstanding any other provision of these Terms, Hanpass, its service providers, or respective subsidiaries, officers, agents, partners, or employees will not be liable to you for any direct or indirect lost profit, loss of opportunity, incidental, consequential or special damages, howsoever the loss is caused and regardless of whether it was foreseeable or not.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law. These Terms are governed by and must be construed in accordance with the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

13.2 Disputes. If a dispute arises between you and Hanpass, we will attempt to address your concerns. If we are unable to address your concerns to your satisfaction, we will use reasonable efforts to provide you with a neutral and cost-effective means of resolving the dispute. Disputes between you and Hanpass regarding the Service may be reported online to Hanpass or by telephone or by mail (see Section 17 below).

14. INTELLECTUAL PROPERTY

14.1 General. You acknowledge that all intellectual property rights, including the content of the App, Website, text, graphics, logos, and images, as well as all other patents, copyrights, trademarks, logos, and product and service names are owned or licensed by us unless otherwise indicated (the “Intellectual Property”). You must not copy, modify or transmit any part of the Services or any content except as permitted in these Terms.

14.2 Unauthorised Use of Intellectual Property. The Services contain trademarks, logos, service names and trade names of Hanpass or third parties that may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names or trade names appearing on the Services.

14.3 Intellectual Property License. We grant you a non-exclusive and non-transferable licence to use the Website for your own personal use. You may not download (other than page caching) or modify the Website, App or the contents of the Services or any portion them.

15. COMMUNICATIONS

15.1 Changes to Terms. The Agreement and its terms and conditions may be unilaterally varied by us and you can find the updated Terms. A statement setting out the effect of the variation or change, the new terms and conditions or fees or charges are available on the Website, on the App and upon request. Where we make a material change to the Services or fees, we will provide you with 10 Business Days' prior written notice.

15.2 Contacting You. You acknowledge that communications to you are provided only by electronic means. Subject to the Spam Act 2003 (Cth), communications may be provided to you through the use of autodialled or prerecorded message calls or text messages at the phone number that you provide us with. If you have consent to such communications, we may contact you directly or we may share your phone number with service providers with whom we contract to provide such communications.

15.3 No Paper Communications. Hanpass does not provide communications in paper format or through other non-electronic means.

16. MISCELLANEOUS

16.1 Customer Updates. You must promptly update us with any change in your details and personal information used in your Customer Account.

16.2 Entire Agreement. These Terms constitute the entire agreement between you and Hanpass relating to the Service and governs your use of the Service and Website. These Terms supersede any prior agreements or understandings between you and Hanpass or any other party in connection with the Service.

16.3 No Waiver. The failure of Hanpass to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision and shall not guarantee that we will repeat any such actions in the future.

16.4 Force Majeure. We shall not be liable for any failure or delay in the performance of the Service to the extent such failure or delay is caused by a Force Majeure event.

16.5 Modification. We may from time-to-time review and update these Terms, including to take account of new laws, regulations, products or technology. Your use of the Services will be governed by the most recent Terms posted on the Website. Where we make a material change to the Terms, which materially affects your use of the Services, we will provide you with 10 Business Days' prior written notice via email or your Customer Account that the updated Terms are available on the Website. We may provide you with a shorter period of notice if applicable law requires the amendment to take effect more quickly. If you do not accept the updated Terms, you should cease using the Services. By continuing to use the Services after the end of the notice period, you agree to be bound by the updated Terms,

16.6 Representations and Warranties. In using the Service, you represent and warrant that you will not:

(a) breach this Agreement, or any other agreement between you and Hanpass;

(b) provide false, inaccurate, or misleading information;

(c) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;

(d) use the Service in for illegitimate or illegal purposes, including anonymising your identity;

(e) provide yourself a cash advance from your credit card or otherwise transfer money to yourself from any Payment Instrument, or help others to do so;

(f) share confidential information (such as Reference Numbers and Recipient details) with anyone except as required for using the Service; or

(g) violate any other restrictions in this Agreement.

16.7 Inconsistencies. In the event there is any inconsistency between the English and other language text on our Websites, including these Terms, the English text shall be binding.

16.8 Security. If you think you have been or might be a victim of fraud, please contact us immediately by telephone at +61 02 8912 2193. If you are aware of anyone or any entity that is using the Service inappropriately, please email us at admin.au@hanpass.com. If you receive any fake (phishing) emails, purporting to be from us, please forward them to us at admin.au@hanpass.com.

17. CONTACT INFORMATION

Questions, notifications, and requests for refunds or further information can be sent to Hanpass, as follows: by phone at +61 02 8912 2193, or by mail at Level 25, 100 Mount Street, North Sydney, NSW, 2060 Australia.