General Terms and Conditions
THIS IS AN IMPORTANT DOCUMENT. PLEASE READ IT CAREFULLY.
These general terms and conditions (the "General Terms") set out the basis on which we provide your ODIX Pay account and the related services to you. Together with any product-specific terms that apply to a particular service (such as our Terms & Conditions, Privacy Policy, Cookies Policy and E-Sign Consent), they form the agreement between you and Odix Technology AUS PTY. LTD. (see clause 1). If product-specific terms conflict with these General Terms, the product-specific terms apply to that service.
Nothing in these General Terms is legal, tax, investment or financial advice. We do not act as your adviser. Before using any service, make sure you understand how it works and the risks involved, and seek independent professional advice if you need it.
1. WHO WE ARE
1.1 Your contract: these General Terms are an agreement between you and Odix Technology AUS PTY. LTD. (ACN 663 951 120), a company incorporated in Australia with its registered address at 45 Cambridge St, Lidcombe NSW 2141, Australia, which holds AUSTRAC registrations as a Digital Currency Exchange (DCE) provider and as an independent remittance dealer. Odix Technology AUS PTY. LTD. onboards you as a customer: it opens and operates your ODIX Pay Account, carries out identity verification (KYC) and anti-money laundering and counter-terrorism financing (AML/CTF) checks, and is responsible to you for the Services under these General Terms. In these Terms, "ODIX", "we", "us" and "our" mean Odix Technology AUS PTY. LTD.
1.2 The card programme: the ODIX Card programme is managed by our affiliate Odix Technology Limited (company registration number 77915240-000-03-25-0), with its registered address at RM 509, 5/F The Cloud, 111 Tung Chau St, Tai Kok Tsui, Hong Kong (the "Programme Manager"). Odix Technology Limited has entered into the card issuing agreement with the Card Issuer described in clause 1.3.
1.3 The card issuer: ODIX Cards are issued by Reap Technologies Limited, a company incorporated in Hong Kong with its business address at 28/F, 1063 King's Road, Quarry Bay, Hong Kong ("Reap" or the "Card Issuer"), and operate on the Visa® network. Reap is the issuer and sponsor of the Cards. Neither Odix Technology AUS PTY. LTD. nor Odix Technology Limited is the issuer of the Cards. Your use of a Card is governed by Part B and by any cardholder terms of the Card Issuer that we make available to you.
1.4 Other group companies: Odix Technology CAN. LTD. (FINTRAC MSB registration number C100000522), with its registered address at 329 Howe Street #1602, Vancouver, Canada, is also part of our group. Odix Technology CAN. LTD., Odix Technology Limited and any other affiliate provide part of a service to you only where this is stated in the relevant product-specific terms.
1.5 The company that provides a particular service to you is identified in the product-specific terms for that service. Where no other company is named, the service is provided by Odix Technology AUS PTY. LTD.
2. SCOPE OF THESE TERMS
2.1 These General Terms apply to your ODIX Pay account, the ODIX Pay app and website, and every service you use through them. By creating an account, or by using any of our services, you confirm that you have read, understood and accepted these General Terms.
2.2 If you do not agree with these General Terms, please do not open an account or use our services.
2.3 These Terms comprise:
(a) these General Terms, which apply to your Account and to the Services generally;
(b) Part A, which applies to the ODIX Pay Account and Wallet;
(c) Part B, which applies to the ODIX Card, including its use through a Digital Wallet;
(d) Part C, which applies to ODIX Deposit by Card, a service provided by our Card Purchase Partner;
(e) Part D, which applies to ODIX Earn, a service ODIX offers with vault strategies managed by our Strategy Partner;
(f) Part E, which applies to ODIX Money Transfer, a service processed by our Payments Partner;
(g) Part F, which applies to the ODIX Euro Virtual IBAN, provided with our Account Partner; and
(h) our Terms & Conditions, Privacy Policy, Cookies Policy and E-Sign Consent, as published in this Legal centre.
2.4 If there is a conflict between these General Terms and a Part, the Part prevails in relation to the service it covers.
3. OUR SERVICES
3.1 Depending on your location and eligibility, our services may include: an ODIX Pay account and wallet; virtual and physical ODIX cards that can be used wherever Visa® is accepted; card top-ups; money transfers; and other features we make available in the app from time to time.
3.2 Not every service is available in every country. We may add, change or withdraw services, and we may limit the services available to you based on where you live, our risk assessment, or the requirements of our partners and regulators.
3.3 Some services are delivered with the help of third parties, such as the Card Issuer (Reap Technologies Limited), payment networks, banks and identity verification providers. Their own terms may also apply, and we will tell you where this is the case.
4. ELIGIBILITY AND ONBOARDING
4.1 To use our services you must be at least 18 years old (or the age of majority where you live, if higher), have full legal capacity, and not live in, or be a citizen or resident of, a country or territory in which we do not offer our services.
4.2 When you open an account, we will ask you to verify your identity and, where needed, your address, the source of your funds and other information. This is part of our anti-money laundering and counter-terrorism financing ("AML/CTF") obligations, including know-your-customer ("KYC") checks. You agree to give us accurate, complete and up-to-date information and to tell us promptly if it changes.
4.3 We may refuse to open an account, or ask for further information at any time, if we are not able to complete our checks to our satisfaction.
5. YOUR ACCOUNT AND SECURITY
5.1 Your account is personal to you. You must not let anyone else use it, and you must not sell, lend or transfer it.
5.2 You are responsible for keeping your login details, passwords, PINs, one-time codes and devices secure. We recommend that you turn on two-factor authentication and keep your app and device software up to date.
5.3 If you think that someone else knows your security details, or that your account, card or device has been lost, stolen or used without your permission, contact us immediately at support@odixpay.com and freeze your card in the app.
6. THE APP AND YOUR DEVICE
6.1 We grant you a personal, limited, non-exclusive and non-transferable licence to use the ODIX Pay app on a compatible device for the purpose of using our services.
6.2 You must not copy, modify, reverse engineer or interfere with the app or our systems, or use them in any way that is unlawful or could harm us or other customers.
6.3 We may update the app from time to time. Some services may not work if you do not install the latest version.
7. FEES AND LIMITS
7.1 Our fees, exchange rates and limits are shown in the app and on our website before you confirm a transaction. By confirming a transaction, you agree to the fees and rates shown.
7.2 Third parties, such as ATM operators, banks or blockchain networks, may charge their own fees. These are outside our control.
7.3 We may change our fees and limits. We will give you advance notice of changes where required by law.
8. CARDS AND PAYMENTS
8.1 Card payments may require authentication, such as 3-D Secure. You are responsible for checking the details of every payment before you approve it.
8.2 A payment may be declined if you do not have enough funds, if a limit applies, or if we, the Programme Manager or the Card Issuer suspect fraud or a breach of these General Terms. Repeated declined attempts may lead to your card being frozen or closed, as described in our product-specific terms.
9. PROHIBITED USE
9.1 You must not use our services for any unlawful purpose, including fraud, money laundering, terrorist financing, sanctions evasion, gambling where it is not permitted, or the purchase of illegal goods or services.
9.2 You must not use our services on behalf of another person without our prior written consent, or in a way that breaches the rules of any card scheme or payment network.
10. SUSPENSION AND TERMINATION
10.1 You may close your account at any time by contacting us. Before closing, please withdraw any remaining balance.
10.2 We may suspend, restrict or close your account, freeze funds or decline transactions where we reasonably believe this is necessary to comply with the law, to protect you or us from fraud or other risk, or because you have breached these General Terms. Where the law allows, we will tell you why.
10.3 Closing your account does not affect any rights or obligations that arose before it was closed.
11. DATA PROTECTION
11.1 We process your personal information in line with our Privacy Policy, which explains what we collect, why we collect it, how long we keep it and the rights you have.
12. ELECTRONIC COMMUNICATIONS
12.1 By opening an account, you agree to receive notices, statements and other communications from us electronically, through the app, by email or on our website, as described in our E-Sign Consent.
13. INTELLECTUAL PROPERTY
13.1 The ODIX Pay name, logos, app, website and all related content belong to us or our licensors. Nothing in these General Terms gives you any right to use them other than to use our services.
14. LIMITATION OF LIABILITY
14.1 We are not liable for any loss caused by events outside our reasonable control, by the acts or omissions of third parties we do not control, or by your failure to keep your security details safe or to follow these General Terms.
14.2 We are not liable for any indirect or consequential loss, or for any loss of profit, business or opportunity.
14.3 Nothing in these General Terms limits any liability that cannot be limited under applicable law, including any rights you have under Australian consumer law.
15. INDEMNITY
15.1 You agree to compensate us for any loss, cost or claim we suffer as a result of your fraud, your breach of these General Terms or your breach of any applicable law.
16. CHANGES TO THESE TERMS
16.1 We may update these General Terms from time to time. We will publish the updated version on our website and, where the change is material, tell you in advance. If you continue to use our services after a change takes effect, you accept the updated terms. If you do not agree, you may close your account.
17. GENERAL
17.1 Assignment: we may transfer our rights and obligations under these General Terms to another company in our group or to a successor business. You may not transfer your rights or obligations without our consent.
17.2 Severability: if any part of these General Terms is found to be invalid or unenforceable, the rest will continue to apply.
17.3 No waiver: if we do not enforce a right straight away, we can still enforce it later.
17.4 Entire agreement and language: these General Terms and the product-specific terms are the entire agreement between you and us about our services. If we provide a translation, the English version prevails.
17.5 Third parties: no one other than you and us has any right to enforce these General Terms.
18. COMPLAINTS AND CONTACT
18.1 If you have a question or a complaint, contact us at support@odixpay.com. We will acknowledge your complaint and aim to resolve it as quickly as possible.
19. GOVERNING LAW AND JURISDICTION
19.1 These General Terms, and any dispute arising out of or in connection with them, are governed by the laws of Australia and subject to the exclusive jurisdiction of the courts of Australia.
20. DEFINITIONS
20.1 In these Terms, the following words have the meanings set out below:
Term | Meaning |
|---|---|
"3-D Secure" or "3DS" | means the EMV 3-D Secure authentication protocol used to authenticate online Card Transactions; |
"Account" or "ODIX Pay Account" | means the account opened in your name in respect of the Services, through which you access your Wallet, Cards and other Services; |
"Account Partner" | means the licensed electronic money institution in the EU that provides the euro account, IBAN and payment services for the ODIX Euro Virtual IBAN under Part F; |
"AML/CTF" | means anti-money laundering and counter-terrorism financing; |
"App" | means the ODIX Pay mobile application owned and operated by the Group, as updated from time to time; |
"Applicable Law" | means any law, regulation, rule, code, guidance, order or requirement of any competent government, regulatory or judicial authority, and any Card Network Rules, that applies to you, to us or to the Services; |
"ATM" | means an automated teller machine; |
"ATM Withdrawal Services" | means the service that allows you to withdraw cash from an ATM using your Card, where available; |
"Authorised Person" | means any person you have authorised, with our approval, to give Instructions or use the Services on your behalf; |
"BIN Sponsor" or "Card Issuer" | means Reap Technologies Limited, 28/F, 1063 King's Road, Quarry Bay, Hong Kong, which issues and sponsors the Cards under its card issuing agreement with the Programme Manager; |
"Business Day" | means a day other than a Saturday, Sunday or public holiday in New South Wales, Australia; |
"Card" or "ODIX Card" | means any virtual or physical payment card issued to you by the Card Issuer and made available through the ODIX Card programme under Part B; |
"Card Balance" | means the amount available to spend with your Card at any time; |
"Card Data" | means the Card number, expiry date, card verification code (CVV/CVC), PIN and any other data relating to your Card; |
"Card Issuance Services" | means the services relating to the application for, issue, activation, use, management, freezing and closure of a Card; |
"Card Limits" | means the spending, Top-up, ATM and other limits that apply to your Card, as shown in the App; |
"Card Network" | means Visa or any other payment card network under whose rules a Card operates; |
"Card Network Rules" | means the rules, regulations and operating procedures of the relevant Card Network; |
"Card Purchase Partner" | means the licensed third-party crypto-asset service provider (a licensed on/off-ramp partner) that provides Deposit by Card to you, authorised by its national competent authority and identified to you in the App at checkout; |
"Card Transaction" | means any payment, refund, ATM withdrawal or other transaction made with a Card or Card Data; |
"Cardholder" | means the person in whose name a Card is issued; |
"Chargeback" | means a request to reverse a Card Transaction under the Card Network Rules; |
"Confirmation" | means the notice we give you in the App or by email confirming the details of a transaction or Instruction; |
"Digital Assets" | has the meaning given in our Terms & Conditions and includes bitcoin, ether, stablecoins and other digital representations of value that we support; |
"Digital Asset Transfer Services" | means the service that allows you to send Digital Assets from your Wallet to another address or to receive Digital Assets into your Wallet; |
"Deposit by Card" | means the service described in Part C that lets you buy supported Digital Assets with a bank card for delivery to your Wallet, provided by the Card Purchase Partner; |
"Digital Wallet" | means a third-party mobile wallet, such as Apple Pay or Google Pay, to which a Card may be added; |
"Earn Services" | means the ODIX Earn feature described in Part D, offered by ODIX with vault strategies managed by the Strategy Partner and provided through Third-Party Vault Services; |
"Enabled Device" | means a mobile phone, tablet or other device on which you have installed the App or a Digital Wallet and which you use to access the Services; |
"Fees" | means the fees and charges payable for the Services, as shown in the App or on the Site before you confirm a transaction; |
"Fiat Remittance Services" | means the service that allows you to send money in fiat currency to an eligible bank account or recipient, provided by Odix Technology AUS PTY. LTD. as an independent remittance dealer where available, with transfers processed by the Payments Partner as described in Part E; |
"Group" | means Odix Technology AUS PTY. LTD., Odix Technology Limited, Odix Technology CAN. LTD. and their affiliates, as described in clause 1 of the General Terms; |
"ODIX", "we", "us" or "our" | means Odix Technology AUS PTY. LTD., the company you contract with under these Terms; |
"Insolvent" | means, in relation to a person, that it is unable to pay its debts as they fall due, or is subject to bankruptcy, liquidation, administration, receivership or any similar procedure in any jurisdiction; |
"Instructions" | means any instruction, request or order you give us through the App, the Site or any other channel we accept; |
"KYC" | means know-your-customer and customer due diligence checks, including the verification of your identity, address, source of funds and source of wealth; |
"KYT" | means know-your-transaction monitoring, including the screening of Digital Asset transactions and wallet addresses; |
"Merchant" | means any business or person that accepts payment by Card or through the Scan to Pay Services; |
"Payments Partner" | means the licensed payment partner that processes transfers for ODIX Money Transfer under its contract with ODIX, as described in Part E; |
"Personal Data" | means any information relating to an identified or identifiable individual, as further described in our Privacy Policy; |
"PIN" | means the personal identification number for your Card; |
"Prohibited Country" | means any country or territory in which we do not provide the Services, as listed in our Terms & Conditions or notified to you from time to time; |
"Programme Manager" | means Odix Technology Limited, RM 509, 5/F The Cloud, 111 Tung Chau St, Tai Kok Tsui, Hong Kong, which manages the ODIX Card programme and is party to the card issuing agreement with the Card Issuer; |
"Proscribed Address" | means any Digital Asset address that we reasonably believe is associated with fraud, sanctions, terrorist financing, money laundering or other unlawful activity; |
"Proscribed Person" | means any person who is the target of sanctions, or with whom dealings are prohibited or restricted under Applicable Law; |
"Scan to Pay Limits" | means the limits that apply to Scan to Pay Transactions, as shown in the App; |
"Scan to Pay Services" | means the service that allows you to pay a Merchant by scanning a supported QR code with the App, where available; |
"Scan to Pay Transaction" | means any payment made using the Scan to Pay Services; |
"Send-to-Self Transaction" | means a transfer between your own Account and another account or wallet held in your own name; |
"Service Content" | means all text, graphics, software, data and other content made available through the App or the Site; |
"Services" | means the Account, Wallet, Card Issuance Services, Fiat Remittance Services, Digital Asset Transfer Services, Swap Transactions, Scan to Pay Services, Earn Services and any other services we provide to you through the App or the Site; |
"Site" | means odixpay.com and any other website operated by the Group in connection with the Services; |
"Smart Contract" | means self-executing code deployed on a blockchain network, including the smart contracts used by Third-Party Vault Services; |
"Strategy Partner" | means the third-party strategy curator partner that manages the vault strategies used for ODIX Earn under its contract with ODIX; |
"Swap Transaction" | means the exchange of one supported Digital Asset or currency for another through the App, where available; |
"Third-Party Payment Providers" | means banks, payment institutions and other third parties that process payments or Top-ups in connection with the Services; |
"Third-Party Service Providers" | means any third party that provides part of the Services or supporting services to us, including identity verification, card processing and blockchain infrastructure providers; |
"Third-Party Vault Services" | has the meaning given in Part D; |
"Top-up" | means adding funds to your Account, Wallet or Card; |
"Trade Marks" | means the ODIX and ODIX Pay names, logos and any other trade marks used by the Group, whether registered or not; |
"Transaction History" | means the record of your transactions available in the App; |
"User Termination" | means the closure of your Account at your request; |
"Wallet" | means the part of your Account in which your fiat balances and Digital Assets are recorded; |
"Wallet Balance" | means the amount of fiat currency and Digital Assets recorded in your Wallet at any time; |
"you" or "your" | means the person in whose name the Account is opened and, where relevant, any Authorised Person. |
