Terms & conditions

Terms & Conditions

Welcome!

Thank you for visiting odixpay.com (the “Website”). The services offered through the Website (the “Services”)

are provided and operated by Odix Technology AUS PTY. LTD. (ACN 663 951 120), a company incorporated in

Australia with its registered address at 5 Bradley Ave, Blackheath NSW 2785, Australia. Odix Technology AUS

PTY. LTD. holds AUSTRAC registrations as a Digital Currency Exchange (DCE) provider and as an independent

remittance dealer. Use of the words “we,” “us,” “the Company,” “the Platform” or “our” in these Terms and

Conditions refers to Odix Technology AUS PTY. LTD.

Certain functions within the group are performed by the following affiliates: Odix Technology Limited (Company

registration number: 77915240-000-03-25-0, registered address: RM 509, 5/F The Cloud 111, Tung Chau St, Tai

Kok Tsui, Hong Kong), which acts as the contracting party under the card BIN sponsorship arrangement; and Odix

Technology CAN. LTD. (FINTRAC MSB registration number C100000522, registered address: 329 Howe Street

#1602, Vancouver, Canada), which delivers card programme services together with the Company.

You hereby agree to these Terms and Conditions (the “Terms and Conditions”) by and between you and Odix

Technology and agree to be legally bound by its terms and conditions, so please read them carefully. Please also

note that there may be specific terms or conditions applicable to you as the user in each jurisdiction, as may be

detailed herein. If any term or condition of these Terms and Conditions is unacceptable to you, please do not

visit, access, or use our Services.

1- Using our services

You hereby represent and affirm that you have the required legal capacity to enter into this Terms and

Conditions by and between you and Odix Technology and agree to be legally bound by the terms and conditions

of this Terms and Conditions in their entirety. You agree and understand that by logging into your account or

authenticating to our application programming interface (“API”) with your API key (“API Authenticating” or “API

Authentication”) following any change to this Terms and Conditions, your login or API Authentication, as

applicable, shall constitute your agreement to the amended Terms and Conditions by and between you and Odix

Technology, and you agree to be legally bound by its terms and conditions as amended. Amongst others, this

means that, if you log into your account or API Authenticate following an amendment to this Terms and

Conditions, transactions that you or others have already undertaken, and benefits, such as trading fee discounts

and rebates that you or others have earned, could be affected by the amended terms and conditions of this

Terms and Conditions. You agree to, therefore, read this Terms and Conditions regularly. You agree and

understand that we have the right to require your affirmative assent and continued acceptance of this Terms

and Conditions, from time to time, as a condition of you accessing or using any of the Services (as defined

below), logging into your account, or API Authenticating, as applicable. If you do not agree to be bound by this

Terms and Conditions, you should not access or use any of the Services, login to your account, or API

Authenticate. Should you disagree with this Terms and Conditions (including any changes or amendments

thereto), please suspend immediately any usage relating to the Services and close your account in accordance

with the Account Closure section.

In order to use our Services, you must first successfully provide the required identification information pursuant

to our Anti-Money Laundering and Counter-Terrorism Financing compliance program (our “AML/CTF Program”).PLEASE NOTE THAT THE SECTION ON DISPUTE RESOLUTION CONTAINS AN ARBITRATION CLAUSE AND CLASS

ACTION WAIVER. BY AGREEING TO THIS TERMS AND CONDITIONS, YOU AGREE TO RESOLVE ANY DISPUTE

THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THE

DISPUTE DECIDED BY A JUDGE OR JURY, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN COLLECTIVE ACTION,

WHETHER THAT BE A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

Please print and keep a copy of this Terms and Conditions, but do take note we reserve the right to change these

terms and conditions at any time with or without notice to you. A copy of the latest version of this Terms and

Conditions will be available on this page.

2- Disclaimer

NOTWITHSTANDING AND WITHOUT LIMITING THE TERMS HEREUNDER, YOU AGREE, UNDERTAKE,

UNDERSTAND, AND OTHERWISE REPRESENT THAT Odix Technology WILL NOT BE LIABLE FOR LOSSES OR

DAMAGES ARISING OUT OF OR IN RELATING TO: (A) ANY INACCURACY, DEFECT OR OMMISSION OF DIGITAL

ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY

SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY US AND SERVICE INTERRUPTION

AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USER’S ACTIONS,

OMMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGES CAUSED BY ILLEGAL ACTIONS OF OTHER

THIRD PARTIES OR ANY ACTIONS WITHOUT AUTHORISATION BY US.

Applicable Laws and Regulations: Your conduct on Odix Technology is subject to the laws, regulations, and rules

of any applicable governmental or regulatory authority (the “Applicable Laws and Regulations”) including, but

not limited to: the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and other applicable

laws of Australia; laws, regulations, and rules of relevant tax authorities; applicable regulations and guidance set

forth by regulating authorities; and applicable data protection legislation, including the GDPR where relevant.

You unequivocally agree and understand that by signing up for this service, you hereby agree and undertake to

act in compliance with and be legally bound by this Terms and Conditions as well as the Applicable Laws and

Regulations. For the avoidance of doubt, the receipt of all trading fee discounts and rebates and continued use

of your account is conditioned on continued adherence at all times to this Terms and Conditions and all

Applicable Laws and Regulations. Your transactions, cooperation or any dispute with Odix Technology will be

governed by the laws of Australia.

3- Digital Assets

As used herein, “Digital Asset” means a digital asset (also called a “cryptocurrency,” “virtual currency,” “digital

currency,” or “virtual commodity”), such as bitcoin or ether, which is a digital representation of value based on

(or built on top of) a cryptographic protocol of a computer network.

4- Wallet

The user would be given private keys that identify it as belonging to the user. Public keys are similar to account

usernames as it would be used to identify the wallet so that the user can receive tokens without revealing their

identity. Private keys are similar to personal identification numbers and this would allow the user to access the

wallet and check balances, initiate transactions, and more. If the user loses either of these keys, the wallet is

effectively useless.The user’s wallet’s crypto assets would be securely kept in “hot” wallets, “cold” wallets and “warm” wallets

designated under the card programme. Transfers between hot and cold wallets are managed at the sole

discretion of the programme’s custodial provider. Users who hold large amounts of cryptocurrency typically

should not keep significant amounts of crypto in hot wallets.

The user is to inform us at once if there is suspicious activity in any wallet. We would not be responsible for any

loss beyond its control.

Although we will attempt to deliver Digital Currency to you as promptly as possible, funds may be debited from

your selected payment method before the status of your Digital Currency Transaction is shown as complete, and

the Digital Currency is delivered to your Digital Currency Wallet.

5- Your Transaction

BY CLICKING THE BUTTON BELOW OR OTHERWISE USING SERVICES PROVIDED BY PAYMENT INSTITUTIONS, YOU

HEREBY AGREE NOT TO HOLD Odix Technology RESPONSIBLE FROM ANY LOSS AND/OR DAMAGE RESULTING

FROM ANY TRANSACTION, AND HEREBY AGREE NOT TO SEEK ANY REMEDY AGAINST Odix Technology WITH

RESPECT TO THE TRANSACTION. CRYPTOGRAPHIC TRANSACTIONS ARE BY NATURE IRREVERSIBLE AND Odix

Technology HAS NO CONTROL OVER ANY TRANSACTION AND IS NOT ADVISED OF THE TERMS THEREOF; Odix

Technology CANNOT MAKE ANY WARRANTIES REGARDING THE TRANSACTION, INCLUDING, BUT NOT LIMITED

TO, ANY WARRANTIES REGARDING THE FAIRNESS OF THE PRICING OF THE TRANSACTION. BY USING, ACCESSING,

OR OTHERWISE VISITING OUR SERVICES YOU HEREBY ACKNOLEDGE, AGREE, AND REPRESENT THAT YOU HAVE

NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO

YOUR USE AND ACCESS OF THE SERVICES.

You may purchase Digital Asset using your bank card through a third party service offered by Payment

Institutions, subject to their terms of use.

6- Refund

Kindly note that there may be situations where the transaction(s) carried out may not be correctly matched or

settled (for example, incorrect transaction information is provided). In this case, Odix Technology AUS PTY. LTD.

may, as determined according to the applicable circumstances under its absolute sole discretion, have your

transaction refunded, or have the corresponding digital asset credited to your account. Under each

circumstance, you may be liable to bear the corresponding processing fees, or exchange rate fluctuation, as may

be applicable or as otherwise published by Odix Technology AUS PTY. LTD. or the payment institutions from time

to time.

7- Withdraw

All Users’ deposits are held in cold storage, for security reasons, however, withdrawal requests - for all cryptos -

are automated. In most cases, withdrawals are almost instant and normally should take no longer than 1-2 hours

to be processed.

8- Prohibited Activity

Odix Technology does not permit the use of the platform for any prohibited activity in your account, including

but not limited to: use on any dark market, ransomware, mixing service (i.e., a mixer or tumbler used to obscurethe source of funds), or illegal activity that would violate, assist in violation of, or cause Odix Technology to

violate any Applicable Laws and Regulations (as defined in the ‘Applicable Laws and Regulations’ section), or

which would involve proceeds of any unlawful activity (collectively, “Prohibited Activity”);

You agree and understand that we have the right to immediately (i) suspend your account and any related

account, (ii) freeze/lock the funds and assets in all such accounts, and (iii) suspend your access to Odix

Technology, if we suspect, in our sole discretion, any such accounts to be in violation of our Prohibited Activity

policy.

9- Money Passes

Neither you nor any related party shall prearrange the execution of transactions on Odix Technology for the

purpose of passing money between accounts. All transactions executed on Odix Technology must be made in

good faith for the purpose of executing bona fide transactions, and prearranged trades intended to effectuate a

transfer of funds from one account to another are strictly prohibited.

10- Privacy of Information

You agree that the information contained in your User Account is only for you and that you will not cause others

to access or rely upon it (other than your tax advisor or attorney, or as otherwise prescribed by law) without our

prior Written Consent. We agree that we will keep such information confidential, subject to the following

paragraph.

You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance

with Odix Technology’s Privacy Policy, which is incorporated into this Terms and Conditions by reference.

11- Anti-money Laundering

To meet regulatory requirements and to protect your assets, the Platform or the payment channels will verify

your identity information and other documents. If you fail to complete verification as required by the Platform or

the payment channels, you will not be able to use the Service, and the Platform or the payment channels shall

have the right to impose restrictions on your account (including but not limited to blocking or deleting relevant

services at any time without notice), and suspend, discontinue or even terminate the Service provided to you,

with or without notice, in our absolute sole discretion.

During your use of the Service, you shall make the following anti-money laundering commitments, together

therewith undertake, observe, and agree: All of your assets are legitimate, safe assets owned by you in law and

in equity. There are no assets related to terrorist financing, money laundering or other criminal activities; You

shall not use the Platform or the payment channels to launder money to cover up the illegal source of your

assets and obtain illegal profits; and you shall not use the Service for any illegal and criminal activities such as

money laundering and terrorist financing, or provide financial support or disguised assistance for terrorist

financing and money laundering.

In case of any suspicious change to your information, we shall have the right to re-identify or re-verify your

information, and shall, based on re-verification results, decide whether to continue to provide you with the

Service or whether to impose restrictions on your account (including but not limited to blocking and deleting

relevant services at any time without notice), and suspend, discontinue or even terminate the Service provided

to you.12- Know-Your-Customer

In accordance with the laws and regulations of relevant jurisdictions, we are obliged to conduct certain anti-

money laundering measures including collecting certain personal or corporate information from you (the 'KYC

Process'), and in light of the nature of entities concerned, the content of your information as it is collected by us

may vary. In principle, we will collect the following information of yours if you have registered as an individual:

(a) Basic personal information: your name, address (and permanent address, if the two are different), date of

birth and nationality, and other available information. Identity authentication shall be based on documents

issued by the official or other similar authorities, such as passports, identity cards or other identity documents as

are required and issued by relevant jurisdictions. (b) Valid photo: before you sign up, you must provide a

photograph showing you holding your identity document in front of your chest; and (c) Contact information:

telephone/mobile phone number and valid email address.

If you are a company or any other type of legal entity, we will collect the following information of yours to

determine the final beneficiary of your account or your trust account: (a) Your corporation enrollment and

registration certificates of the company; a copy of the articles of association and memorandum of the company;

(b) The detailed certification materials of the ownership structure and ownership description of the company,

and the decision of the board of directors on designating the authorized agent of the company responsible for

the opening and execution of the account of the company within the website; (c) The identity documents of the

directors, major shareholders of the company as well as the authorized signatory for the company's account with

the website, as required in accordance with relevant rules; (d) The company's main business address, and the

company's mailing address if it is different from the main business address of the company. If the local address

of the company is different from its main business address, the company shall be deemed to be a high-risk

customer, and consequently the company will be required to provide additional documentation; and (e) Other

certification documents, documents issued by competent authorities and other documents we may deem

necessary in light of the laws and regulations of relevant jurisdictions and in light of the specific nature of your

entity.

The identity verification requirements are as follows: (a) You are required to provide both the front and back

sides of your identity documents. (b) You are required to provide us with a photograph showing you holding

your identity documents in front of your chest. (c) Copies of certification documents shall be checked against the

originals thereof. Nonetheless, if a trusted and suitable certified person can prove that such copies are accurate

and comprehensive duplicates of the originals thereof, such copies shall be deemed as acceptable. Such

certifiers include ambassadors, members of the judiciary, magistrates, etc.; and (d) The identification of the

ultimate beneficiary and controller of the account shall be based on the determination of which individuals

ultimately own or control the direct customer and/or the determination that the ongoing trade is performed on

the behalf of others. If you are a business enterprise, the identity of major shareholders thereof (for example,

those holding 10 % or more of the voting equity in such business enterprise) shall be verified.

The information submitted by you will be kept to a standard in conformity to applicable laws and our Privacy

Policy, which is made available on the Website.

13- Account security

Please use the 2-factor authentication when logging in and keep your password safe.You shall properly use and keep your account and login password, capital password, mobile phone number

bound to your registration, and mobile phone verification code received by your mobile phone. You shall be fully

responsible for any actions and consequences caused by using your account and login password, capital

password and mobile phone verification code. When you find your platform account, login password, capital

password or verification code is used by a third party without your authorization, or when there are other

account security issues, you shall notify the Platform and the Payment Channels immediately and effectively, and

the Platform and the Payment Channels shall have the right to take action on your request within a reasonable

time, provided that the Platform or the Payment Channels shall not be liable for any consequences (including,

but not limited to, any of your losses) that may have occurred prior to such action. You shall not give, lend, rent,

transfer or otherwise dispose of your account to others without the consent of the Platform or the Payment

Channels.

You shall make your own judgment on the information you have access to while using the Service and shall bear

all risks arising from the use of such information, including risks arising from reliance on the correctness,

completeness or usefulness of such information. The Platform cannot and will not be liable for any loss or

damage caused to you as a result of the foregoing risks.

14- Prohibited Countries and Restricted Jurisdictions

Notwithstanding and without prejudice to other parts of this Terms and Conditions, we reserve the right to

suspend, modify or otherwise terminate the Service to users who do not comply with the international

standards against money laundering, who have breached or, in our absolute sole discretion deem or suspect to

be in breach of, this Terms and Conditions, or who may be regarded as political and public figures; we reserve

the right to suspend or terminate a trade identified as suspicious based on our own assessment, which, however,

does not breach any of our obligations and duties to you. In addition, we do not provide the Service to, and

refuse to onboard, residents of the following countries and jurisdictions: the United Arab Emirates, The Russian

Federation, North Korea, Cuba, Sudan, Syria, Iran, Yemen, Zimbabwe, Myanmar, Lebanon, Libya, Bolivia,

Ecuador, Bangladesh, Somalia, Iraq, Congo Democratic Republic, Central African Republic, Kyrgyzstan, Burundi,

Afghanistan, Macedonia, Ethiopia, Guinea-Bissau, Guinea, Liberia, Trinidad and Tobago, Venezuela, Serbia,

Crimea, Mainland China, Singapore, the United States, Italy, Canada (hereinafter the 'Prohibited Countries'). For

the avoidance of doubt, the Services are not offered, marketed or directed to persons located or resident in the

United Arab Emirates, applications from persons declaring UAE residency are rejected at the KYC stage, and

onboarding from UAE IP addresses is blocked. The Prohibited Countries list is non-exclusive and is subject to

amendments from time to time, with or without notice to you. You agree to regularly inspect the Prohibited

Countries list and willingly close your Account pursuant to this Terms and Conditions should you find yourself

residing in one of the Prohibited Countries.

15- Insufficient Funds, Card Freezing and Closure

Transactions Declined Due to Insufficient Funds: The Card may only be used up to the amount of the available

balance loaded onto it. If you attempt to make a transaction that exceeds your available balance, such

transaction will be declined on the grounds of insufficient funds.

Consecutive Insufficient Funds Attempts: If five (5) consecutive payment transaction attempts with the Card are

declined due to insufficient funds, Odix Pay reserves the right, without any further notice, to temporarily freeze

(suspend) your Card. During the period in which the Card is frozen, no transactions can be carried out with the

Card.Reactivation of a Frozen Card: In order for a Card that has been suspended under this clause to be reactivated,

the Cardholder may be required to: successfully load funds (top up) to the Card; and complete any additional

security and/or identity verification steps that Odix Pay may reasonably request.

Automatic Card Closure: If, within fourteen (14) days from the date on which the Card was frozen due to

consecutive insufficient funds attempts, the Card is not reactivated and no funds are loaded onto the Card, Odix

Pay may, at its sole discretion, permanently close and remove the Card from its systems. In such case, if the

Cardholder wishes to continue using Odix Pay services, they may be required to submit a new Card application.

Disclaimer of Liability: Odix Pay shall not be liable for any direct or indirect loss, damage, cost or delay incurred

by the Cardholder arising from any transaction decline, temporary freezing, or permanent closure of the Card

carried out in accordance with this clause.

16- Preventing Victim Assisted Fraud

To protect your financial security, we set up ID Confirmation Photo (IDCP) process for elderly or vulnerable

people, if necessary, we may ask for you show your ID document and a handwritten note to confirm that you are

aware of the purpose of your payment.

Although we use third party tools to fight social engineering and device takeover fraud or imposter fraud, you

are also required to double-check your account details and payee before making a payment to prevent fraud.

Without prejudice to other provisions of this Terms and Conditions, Odix Technology Aus will not be liable for

any loss or damage suffered by you in connection to any fraud or similar activities.

17- Miscellaneous

By agreeing to this Terms and conditions you acknowledge and agree that Odix Technology Aus, in the interest of

security, reserves the right to record all telephone conversations, internet conversations including chat, and any

meetings between you and Odix Technology.

You furthermore agree that Odix Technology Aus reserves the right to monitor your use of the Services on the

website and that the resultant information may be used by Odix Technology Aus for its internal business

purposes.

You acknowledge that this Terms and Conditions is reasonable, valid and enforceable. However, if a court of

competent jurisdiction finds any of the provisions of this Terms and Conditions to be unenforceable, it is the

intention of the You and Odix Technology Aus that such provision be reduced in scope by the court only to the

extent deemed absolute necessary by that court to render the provision reasonable and enforceable.

Neither the failure nor delay by Odix Technology in exercising any right hereunder will operate as a waiver of

such right, and no single or partial exercise of a right will preclude any other or further exercise of such right.

Any claims arising from this Terms and Conditions will be governed by and construed in accordance with the

laws of Australia and shall be subject to the exclusive jurisdiction of the Courts of Australia.