- CONTRACT FORMATION AND OVERVIEW
1.1 These terms and conditions (“Terms and Conditions”) govern the terms under which you may access and use the website (and for the purpose of these Terms and Conditions “website” will include our App (where applicable) and the services associated with it (together, the “Service”). By accessing, registering with and requesting to use the Service, you agree to be bound by the terms of these Terms and Conditions. You do not have a standing arrangement to make Transactions; we can decide in our discretion whether or not to permit any Transaction you request.If you do not wish to be bound by the Terms and Conditions do not access, register with or use the Service. The language of these Terms and Conditions is English and all Services, instructions and transactions carried out in connection with it shall be in English.
1.2 In these Terms and Conditions, the terms “Jex Money”, “we”, “us”, and “our” refer to Jex Money Pty Ltd, together with its employees, directors, affiliates, successors, and assigns. Jex Money Pty Ltd is a company registered in Australia with ACN 154 871 011, with its registered office at Suite 23.01, Level 23, 1 O’Connell Street, Sydney, NSW 2000.
1.3 The terms “you” and “your” refer to users of the Service, as Senders, Recipients, other users or visitors to the website
1.4 These Terms and Conditions are effective from the date on which you first access, register or use the Service. Jex Money may unilaterally change the Terms and Conditions in its absolute discretion from time to time, but changes will only be effective from the date they are made and will not change the terms on which you previously used the Service.Any changes to these Terms and Conditions will be communicated to you.By continuing to use the Service after the proposed date on which the changes to these Terms and Conditions take effect, you are deemed to accept those changes.
1.5 The Service was created: (a) to assist customers to send money to their family and friends, and to receive money from family and friends, around the world; and (b)to offer customers the ability to credit a mobile phone account with Airtime Top Up. However, registration for the Service does not require us to accept or process any Transaction that you request.Each Transaction we do accept will be treated as a separate instruction.For security reasons, we recommend that you only send money or Airtime Top Up through the Service to people you know personally. You must not use the Service to send money or Airtime Top Up to strangers, for example sellers of goods and/or services, whether private or retail.
1.6 Nothing in these Terms and Conditions or in any other information provided by Jex Money as part of the Service is intended to be, nor should it be construed to be, legal, financial, tax or other advice.You should consult your own professional advisers as to the effects of Australian or foreign laws which may apply to the Service.
In these Terms and Conditions:
“App” means Jex Money’s mobile application for the sending of Payment Requests and/or Transaction Requests.
“Airtime Top Up” means credit, which is added to a mobile phone account, which can be used to make calls, send text or picture messages and use data, that is purchased by the Sender and credited to the Payee’s mobile phone account typically within a few seconds.
“Business Day” means any day on which we are open for business for the execution of Transaction Requests and/or Payment Requests.
“Destination Country” means the country in which the Payee receives money or Airtime Top Up through the Service.
“Instruction” means a Payment Request and/or a Transaction Request.
“Local Taxes” means any taxes or charges payable in the Destination Country.
“Payee” means someone who receives money or Airtime Top Up through the Service.
“Payment Instrument” means a valid instrument of payment such as a bank account, debit card or credit card.
“Payment Request” means a specific instruction from you to a Sender requesting a Transaction.
“Payout Amount” means the amount paid out, after any foreign exchange conversion, to the Payee’s account exclusive of the Service Fee.
(a) a Payee; or
(b) in the event that you are using the Service to send a Payment Request, someone who receives the Payment Request.
“Registration” means the registration details of the customer as updated from time to time.
“Sender” means someone who uses the Service to send money or Airtime Top Up.
“Service Fee” means Jex Money’s fee plus any additional charges or Local Taxes applicable to each Transaction, which Jex Money may charge in its sole discretion in accordance with applicable laws, as may be described on the Jex Money website from time to time.
“Service Provider” means a local bank, money exchange house, or other third party service providers (e.g. mobile network operators) in the Destination Country with whom Jex Money works to