Legal
Terms of Service
The terms and conditions that govern your access to our website and use of CapGuard’s payment services.
1. Agreement
These Terms of Service (“Terms”) form an agreement between you and CAPGUARD AU PTY LTD (ABN 36 697 297 840, ACN 697 297 840), a company registered in Australia with its registered office at Level 26, 1 Bligh St, Sydney NSW 2000 (“CapGuard”, “we”, “us”, “our”). By accessing our website or using any CapGuard service, you agree to these Terms and our Privacy Policy.
If you are using our services on behalf of a business, you represent that you are authorised to bind that business to these Terms.
2. Our services
CapGuard provides payment and financial technology services, which may include digital wallets, remittance and money transfers, foreign exchange, payment gateway and merchant acquiring, and related consultancy services. The specific services available to you will be set out in your product schedule or onboarding documents.
Services may be supplied directly by CapGuard or through regulated third-party providers. Where third parties are involved, their terms may also apply.
3. Eligibility
To use our services you must be at least 18 years old and capable of forming a binding contract. Business customers must be properly registered and authorised to transact.
We may decline to provide services, or suspend access, where we are unable to complete identity verification, where use appears unlawful, or where we are required to do so by law.
4. Your account
You are responsible for maintaining the security of your account credentials, including any passwords, multi-factor authentication devices, or API keys. You must notify us immediately if you suspect unauthorised access.
You must keep your personal and business information up to date and provide any information we reasonably request to satisfy our compliance obligations.
5. Acceptable use
When using our services you must not:
- Breach any applicable law or regulation, including AML/CTF, sanctions, or tax obligations.
- Use the services for fraud, deception, or to facilitate any unlawful activity.
- Attempt to circumvent our security, fraud or compliance controls.
- Provide false, inaccurate or misleading information.
- Use the services in any way that could damage, disable or impair them.
6. Fees and charges
Fees applicable to your services are set out in your product schedule, pricing page or fee disclosure document. Unless stated otherwise, fees are expressed in Australian dollars and exclude any applicable taxes.
We may vary fees with reasonable prior notice. Where FX rates apply, the rate shown at the time of your transaction includes our margin over the prevailing wholesale rate.
7. Transactions
You are responsible for ensuring the accuracy of any instructions you provide (including recipient details). We may, but are not obliged to, detect and correct errors in instructions.
We may delay, decline or reverse a transaction where we reasonably believe it would breach law, our policies, or would expose CapGuard or any party to fraud or loss.
8. Intellectual property
The CapGuard name, logo, website and platform (including all related software, content and branding) are owned by CapGuard or our licensors and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable licence to access and use them for the purpose of receiving our services.
9. Liability
To the maximum extent permitted by law, CapGuard is not liable for indirect, incidental, consequential or special losses, or for loss of profits, revenue, business opportunity or data.
Nothing in these Terms limits any rights you may have under the Australian Consumer Law or other non-excludable laws.
10. Termination
You may close your account at any time, subject to settling any outstanding obligations. We may suspend or terminate your access to the services where you breach these Terms, where required by law, or for reasons of safety or security.
On termination, sections relating to liability, fees, intellectual property and dispute resolution will continue to apply.
11. Governing law
These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of that state and the courts of appeal from them.
12. Changes to these Terms
We may update these Terms from time to time. We will notify you of material changes through our website or by direct communication. Continued use of the services after changes take effect constitutes acceptance of the updated Terms.
13. Contact
If you have questions about these Terms, please contact us at info@capguard.com.au or:
CAPGUARD AU PTY LTD
ABN 36 697 297 840 · ACN 697 297 840
Level 26, 1 Bligh St, Sydney NSW 2000
info@capguard.com.au