Our Terms and Conditions
Welcome to the website of Flexewallet Pty Ltd. The following terms and conditions (together with any documents referred to in them) represent a contract between you and Flexewallet Pty Ltd and apply to your use of flexewallet.novatti.com including any content, functionality and services offered on or through our website for purposes of making an online purposeful remittance payment to a designated recipient. A “purposeful remittance” is defined as the transmission of value to a designated recipient, pursuant to payment terms entered directly by you into the website. A “recipient” is defined as the individual or corporation designated by you as the receiver of the purposeful remittance, who is acceptable to us, and who receives the purposeful remittance via a designated payment process. “Service charge” is defined as the fee charged by us in connection with the purposeful remittance. In these Terms of Use, “you,” “your,” and “user” refer to the person giving this consent.
1. Consent to use Electronic Records, Notices and Communications
As part of your relationship with Flexewallet, you are entitled to receive certain information, such as notices, disclosures and statements in writing. To help with our efforts to protect the environment, and to facilitate mobile use of our service, we will provide these notices, disclosures and statements to you electronically where possible; otherwise we will furnish them to you in paper form.
2. You must keep your e-mail or electronic address current with us.
In order to ensure that we are able to provide notices, disclosures and statements to you electronically, you must notify us of any change in your e-mail or other electronic address and any change in your mobile phone number.
3. Hardware and software you will need.
To access and retain the notices, disclosures and statements we provide to you electronically, you should have:
- A computer system that operates on a platform like Windows or Mac environment or better
- A connection to the Internet
- A current version of Internet Explorer 8 (or higher) or Mozilla Firefox 7.0, Safari 5 or Chrome 15 (Users utilizing other browsers may experience compatibility difficulties)
- A current version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher
- A computer or device and an operating system capable of supporting all of the above, and
- A printer to print out and retain records on paper, or electronic storage if you wish to retain records in an electronic form. You should retain a copy of all of the notices, disclosures and statements we sent to you electronically.
By “current version,” we mean a version of the software that is currently being supported by its publisher.
We reserve the right to discontinue support of a current version of software if, in our opinion, it suffers from a security or other flaw that makes it unsuitable for use with your account. And we always reserve the right, in our sole discretion, to communicate with you via the AusPost Postal Service.
You are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active e-mail account. You are also confirming that you have read and understand this consent to use electronic records, communications, notices and signatures, and that you are authorized to, and do, consent on behalf of all the other co-owners of your account.
Other Terms and Conditions
Acceptance of the Terms of Use
Please read the Terms of Use carefully before you start to use the website. By using the website and by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy with respect to the service and purposeful remittance transactions originated from the website, which are described below. If you do not want to agree to these Terms of Use or the Privacy Policy, you must exit the Website, and not use our Purposeful remittance Service.
Accessing the Website and Account Security
By using this website, you represent and warrant that you are 18 years or older and of legal age to form a binding contract with FW.
We reserve the right to withdraw or amend this website, and any service or material we provide on the website, in our sole discretion without notice, except as otherwise required by law. We will not be liable if, for any reason all, any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including, but not limited to registered users.
You are responsible for making all arrangements necessary for you to have access to the website and for maintaining the hardware and software noted in our Consent to Use Electronic Records, Notices and Communications in Section 1 above.
You are responsible for ensuring that all persons who access the website through your mobile phone device or Internet connection are aware of these terms of use, have agreed to the terms of use, and that they comply with them.
To access the website or some of the resources it offers, you may be asked to provide certain registration, identification and authentication details or other information. It is a condition of your use of the website that all the information you provide to us on the Website (or otherwise) is correct, current and complete at all times.
If you become a registered user of our purposeful remittance service and you choose, or you are provided with, a user name, password, personal identification number (“PIN”), or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify FW of any unauthorized use of your user name or password, PIN or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user identification code or password, whether chosen by you or provided by us, in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use.
The Service
FW provides registered users of the service (each a “user”) with the ability to initiate purposeful remittances to designated recipients located in many countries around the world, over the Internet. In order to use the service, you will be required to provide us with information necessary for us to verify your identity, to complete the purposeful remittance in compliance with applicable federal, state and foreign laws and regulations. Recipient information and verification may also be required. When required by applicable law, purposeful remittances will be reported to federal, state, local or foreign authorities. Unless explicitly stated otherwise, any new features that augment or enhance the current service shall be subject to these terms of use.
Currency Exchange
It is not possible to pay out a purposeful remittance to a recipient in a currency
Payment Authorization
When you initiate and submit a purposeful remittance transaction on the website, you authorize FW (or its designated agent) to charge your designated credit card account or debit your designated debit card or bank account for the amount of such purposeful remittance transaction and FW’s associated service charge. You are responsible for ensuring that your designated payment method has sufficient funds or credit available for payment of your purposeful remittance transaction. If FW executes payment of a purposeful remittance pursuant to your purposeful remittance instructions and subsequently is advised that your designated credit card had insufficient credit available or your designated debit card or bank account had insufficient funds available, you remain liable to FW for the full amount of any such payment of the purposeful remittance by FW and the FW’s associated service charge. You authorize us to initiate debit and credit entries to your bank account in connection with the purposeful remittance service. You also authorize us to initiate credits and debits to correct errors. This authorization shall remain in full force and effect until we have received notification from you of its termination; you may revoke your authorization only by notifying us by telephone or in writing sent to our address that is received at least three (3) days prior to the proposed effective date of the termination of authorization. You agree that all transactions authorized by you shall comply with all applicable federal, state and foreign law.
Purposeful remittances that have been authorized by a user shall be processed only on the condition that the issuer of the respective credit card or debit card, or the user’s bank, has authorized the corresponding charges or debits. Each user using the service acknowledges and agrees that the Company is authorized to charge the respective credit card or debit card, or debit the respective bank account, for the principal amount of the purposeful remittance, the service charge, and any other applicable fees. The issuing bank for your credit card or debit card or the financial institution where your bank account is open may also have terms and conditions that apply to your use of the credit card, debit card or bank account (as applicable) and you must refer to such agreement(s) in order to determine user’s rights, obligations and liabilities as a cardholder or account holder, which may include the assessment of cash advance or other fees. Purposeful remittance receipts will not display fees assessed by user’s bank or the issuer of user’s credit card or debit card.
Services Charges and Additional Fees
In consideration of your use of the service, you agree to pay a service charge per purposeful remittance executed through the website. The service charge will be charged to the credit card, debit card, or bank account you identify as the payment method for your purposeful remittance transaction. The service charge (in addition to any other applicable fees charged by us directly or on behalf of any federal or state governmental authority) will be displayed online for your authorization prior to submission of the purposeful remittance. Our service charge schedule is subject to change from time to time in our sole and absolute discretion. In addition to any fees charged by FW, a purposeful remittance may be subject to additional fees assessed by the Australian government, the state where the purposeful remittance originates, the government of the destination country, or the institution in the destination country at which your recipient holds a bank account.
Purposeful remittance Processing and Delivery Schedule
After we have verified your identity, received proper credit card, debit card, bank authorization and completed the screening for proper compliance with the various applicable laws and regulations, the purposeful remittance is promptly made available to the designated recipient. The speed of payment of a purposeful remittance varies depending on a variety of factors, including but not limited to, the amount of the transaction, the restrictions of the destination country or point-of-crediting.
Purposeful remittance Transactional Restrictions
We reserve the right, in our sole discretion, to: (i) reject a proposed purposeful remittance; (ii) limit the amount of a purposeful remittance; (iii) require additional information to complete a purposeful remittance; and/or (iv) take reasonable measures with respect to a purposeful remittance in an effort to comply with applicable laws and regulations. As a user, you agree not to attempt to circumvent the parameters of the service by using a different debit or credit card or bank account, entering false information, or any other means. The service is offered exclusively for the personal purposeful remittance needs of users. Any other use or attempted use of the service for commercial purposes, promotion of products and services, or other such purposes, directly or indirectly, by you or by a third party is prohibited.
FW may establish any and all transactional restrictions applicable to purposeful remittances in its sole discretion and may change such restrictions from time to time. We will provide you with any legally required notice, which we may post on our website.
When you submit a purposeful remittance, the crediting agent is not required to accept it. You agree that you will not hold us liable for any damages resulting from a crediting agent’s decision not to accept a purposeful remittance made though our service. Any unclaimed, refunded or denied payment will be returned to you or to the original payment method. We will return any unclaimed purposeful remittance to you, or to the original payment method, within thirty (30) days of the date we are informed that the paying agent has rejected your purposeful remittance transaction.
If you provide us with incorrect recipient information, we will contact you to correct the recipient information or process a refund of your purposeful remittance.
If you use your mobile phone to make purposeful remittances, you are responsible for any fees that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge. Your phone service provider is not the provider of these purposeful remittance services; instead, the Company is the provider of these purposeful remittance services.
SMS Messages
Users may receive notifications and alerts about their purposeful remittance transactions by SMS. You are responsible for any fees that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.
Intellectual Property Rights
The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by FW, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the website for your personal, non-commercial use only. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our site, except to (a) store copies of such material temporarily in RAM; (b) store files that are automatically cached by your web browser for display enhancement purposes; and (c) print a reasonable number of pages of the website for a permitted use.
You must not (a) modify copies of any material from this site; or (b) delete or alter any copyright, trademark or other proprietary rights notices from copies of material from this site.
You must not reproduce, sell or exploit for any commercial purposes any part of the website, access to the website or use of the website or any services or material available through the website.
If you print, copy, modify, download or otherwise use any part of the website in breach of the terms of use, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the material you have made. No right, title or interest in or to the website or any content on the site is transferred to you, and all rights not expressly granted are reserved by FW. Any use of the website not expressly permitted by these terms of use is a breach of these terms of use and may violate copyright, trademark and other laws.
Company Trademarks
FW name, and all related names, logos, product and service names, designs and slogans are trademarks of FW or its affiliates or licensors. You must not use such marks without the prior written permission of FW. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
Acceptable Use
Use of the website and information transmitted in connection with the purposeful remittance transaction is limited to the contemplated functionality. In no event may the website or FW’s purposeful remittance service be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, deceptive or otherwise violates any applicable federal, state, local or international law, statute, ordinance or regulation; (c) uses technology or other means to access FW that is not authorized by us; (d) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access FW; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to FW’s computer network or user data; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates these Terms of Use; (i) attempts to damage, disable, overburden, or impair FW’s servers or networks or otherwise attempts to interfere with the proper working of the website; (j) infringes on our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy; (k) provides false, inaccurate or misleading information; or (l) may cause us to lose any of the services from our Internet service provider or other suppliers (collectively “Acceptable Use”). You further agree that you may not refuse to cooperate in an investigation or to provide confirmation of your identity or any information you provide to us in connection with your use of the website.
Monitoring and Enforcement; Termination
We have the right in our sole discretion to (a) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website, and (b) suspend or terminate your access to all or part of the website for any or no reason, including without limitation, any violation of these terms of use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone effecting a transaction on or through the website.
You waive and hold harmless FW from any claims resulting from any action taken by the company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the company or law enforcement authorities or regulator authorities related to the purposeful remittance service or your use of the purposeful remittance service.
Changes to the Website and Purposeful remittance Procedures
We may modify or update the website and/or purposeful remittance procedures from time to time, in FW’s sole discretion, with or without notice, except as required by law. We may suspend access to the website, or close it.
Information about You and Your Visits to the Website
All information we collect on this website is subject to our privacy policy. You represent and warrant that all data provided by you is accurate.
Links from the Website
If the website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them, or for any merchandise, goods or services you may purchase or obtain from them. If you decide to access any third party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
We make no claims that the website or any of its content is accessible or appropriate outside of the Commonwealth of Australia. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside Australia, you are in violation of these terms of use, and, are fully responsible for you actions, including full responsibility for compliance with applicable foreign laws. We may suspend or terminate your service, in our sole discretion, if you access or attempt to access our website from outside the Commonwealth of Australia.
Persons under 18
The service is intended for the use by users who are eighteen (18) years of age or older. Please note that the service (including, without limitation, the underlying network, system, software, servers, various directories and listings, various message and news boards, tools, information and databases) is not intended for use by persons under eighteen (18) years of age. If it comes to our attention through reliable means that a user is a child under eighteen (18) years of age, we will cancel that user’s account and will delete all information regarding such user from our system and records.
Disclaimer of Warranties
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website.
Your use of the website, its content and any services obtained through the website is at your own risk. The website, its content and any services obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either expressed or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, except to the extent required by law, neither FW nor anyone associated with FW represents or warrants that the website, it’s content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.
The company hereby disclaims all warranties of any kind, expressed or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties, which cannot be excluded or limited under applicable law.
Liability and Limitation on Liability
You are responsible for any chargeback, claim, reversal, fee, fine, penalty and other liability incurred by us, another user of our services, or a third party caused by or arising out of your breach of these terms of use, and/or your use of our purposeful remittance Service. You agree to reimburse another user, a third party for any and all such liability, or us.
Except as otherwise required by law, FW’s liability is limited to the AUD dollar amount showing on the face of receipt for your purposeful remittance transaction, including service charges. Except as provided in the previous sentence, in no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under and legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it. Any content on the website or such other websites or any services obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
If the company does not properly complete transactions on time or in the correct amount in accordance with this agreement with you, FW may be liable for your losses, up to the limitation described in the preceding paragraph. However, the company will not be liable if (a) through no fault of the company, you do not have enough funds available in your bank account, debit card account, or credit card account to complete the transaction; (b) the paying agent or recipient refused to accept your purposeful remittance; (c) to complete the transaction; (b) the paying agent or recipient refused to accept your purposeful remittance; (c) your funds are subject to legal process or other encumbrances restricting transfer; (d) you provide incorrect or incomplete transaction information to FW; or (e) if your use is not an acceptable use.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify and hold harmless FW, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these terms of use or your use of the website, including, without limitation, any use of the website’s content or services other than as expressly authorized in these terms of use or your use of any information obtained from the website, or your negligence, fraud or wilful misconduct.
Governing Law and Jurisdiction
These terms of use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Victoria without giving effect to any choice or conflict of law provision or rule (whether of the State of Victoria or any other jurisdiction).
Dispute Resolution
In the event of any dispute, claim or controversy of any kind arising out of or relating to this agreement or the breach thereof, shall be subject by our internal dispute resolution procedures. Unresolved complaints will be referred to the Australian Financial Complaints Authority (AFCA).
A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute (“Notice”). Any Notice to FW should be addressed to PO Box 21104, Lt Lonsdale Street, Melbourne, Victoria 8011, Attention: Legal Department (“Company Notice Address”). Any Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If you and FW do not reach an agreement to resolve the claim within 45 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or us shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.
You and we agree, upon written demand made by you or us, to submit to binding arbitration all disputes, controversies, and claims, whether based on contract, tort, fraudulent misrepresentation, statute, regulation, constitution, common law, equity, or any other legal basis or theory, and whether pre-existing, present, or future, that arise out of or relate to this Agreement, purposeful remittance services, or the benefits provided by them, or any advertisements, promotions, or oral or written statements related to purposeful remittance services, or the relationships that result from the purchase and use of purposeful remittance services, or the scope or enforceability of this agreement, including the determination of the applicability of this agreement to arbitrate (collectively, a “Claim”).
All parties retain the right to seek relief in a small claims court for disputes or claims within the jurisdictional limits of the small claims court.
Each party retains the right to seek judicial assistance: (a) to compel arbitration; (b) to obtain provisional or ancillary remedies or measures of protection prior to or pending arbitration; (c) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to enforce intellectual property rights; and (d) to enforce any decision of the arbitrator, including the final award. In no event shall any party be entitled to punitive, exemplary or similar damages.
You and we agree that the arbitrator: i) shall limit discovery to non-privileged matters directly relevant to the arbitrated dispute; ii) shall grant only relief that is based upon and consistent with substantial evidence and applicable substantive law; iii) shall have authority to grant relief only with respect to claims asserted by or against you individually; and iv) shall provide a written statement stating the disposition of each claim and a concise written explanation of the basis for the award and shall make specific findings of fact and conclusions of law to support any arbitration award. Unless inconsistent with applicable law, and except as otherwise provided herein, each party shall bear the expense of its respective attorney, expert, and witness fees, regardless of which party prevails in the arbitration. For all claims, the arbitrator will decide whether you or we ultimately will be responsible for paying any fees or other costs in connection with the arbitration under the applicable rules.
If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions of this arbitration provision will remain valid and enforceable. This arbitration provision shall survive expiration or termination of the Agreement.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these terms of use or the website must be commenced within (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Waiver and Severability
No waiver of these terms of use by FW shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of FW to assert a right or provision under these terms of use shall not constitute a waiver of such right or provision.
If any provision of these terms of use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the terms of use will continue in full force and effect.
Entire Agreement
The terms of use, our privacy policy, and your receipt for any purposeful remittance transactions constitute the sole and entire agreement between you and FW with respect to the website and your effecting purposeful remittance transactions through the website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the website.
Changes to the Terms of Use
We may revise and update these terms of use from time to time in our sole discretion by posting a revised version on our website. Except as otherwise required by law, the revised version will be effective at the time we post it. You are expected to check this website from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the website following the posting of revised terms of use means that you accept and agree to the changes.