1. INTRODUCTION

(a) These terms (“Terms”) govern the use of the WayEx Account (“Services”) provided by CryptoSpend Pty Ltd ABN 12 630 245 813 t/as WayEx (“WayEx”, “we”, “our” or “us”) through the mobile application (“Application”) and any other means to you.

(b) By accessing or using the Services, you agree to be bound by these Terms. You must not use the Services if you do not agree to these Terms.

(c) The Services are only available to Australian residents.

(d) The Services are not intended for any person who is not an Australian resident and is not made available to any person in any jurisdiction where its distribution or use would be contrary to any law or regulation.

2. SERVICES

(a) Subject to these Terms, WayEx provides an Account under which you may:

(i) store cryptocurrency tokens which we support (“Tokens”) in the Account;

(ii) transfer Tokens in your Account to external or third-party wallets (“Token Transfer”);

(iii) apply to be issued with a WayEx Card; and

(iv) purchase or sell Tokens on the Application (“Token Exchange”).

(b) We may from time to time and without notice, vary, modify or discontinue any or all of the Services.

3. ACCOUNT

(a) You may download the Application and have access to some features without holding an Account. However, you must apply for, and be issued with an Account, to access and use the Services.

(b) In order to be eligible to apply for a WayEx Account (“Account”), you must:

(i) be at least 18 years old;

(ii) ordinarily reside in Australia;

(iii) comply with our onboarding process, which includes meeting any identification and verification requirements we require to comply with anti-money laundering and counter-terrorism laws (“AML/CTF Laws”);

(iv) provide us with information we may request; and

(v) only use the Account for personal, non-commercial purposes.

(c) We may refuse to accept your application for an Account in our absolute discretion and are not required to provide reasons for such refusal.

(d) You cannot hold more than one Account or establish an Account on behalf of another person without our prior written consent.

(e) You must nominate a bank account to receive any withdrawal of fiat currency from your Account (“Bank Account”). The Bank Account must be in your name and must be held with an Authorised deposit-taking institution.

(f) We will not accept fiat currency deposits to your Account from third-party processors or other providers that we may prescribe from time to time.

(g) You are responsible for checking your Account to ensure Transactions and Payments have properly been accounted for in your Account and that your Account balance is up to date. You must notify us of any discrepancies in relation to any transaction within 30 days of the relevant transaction. We may refuse to correct any discrepancy if it is brought to our attention after the 30-day period.

(h) You are solely responsible for the control, use and security of your Account. You must keep your password confidential and not disclose it to anyone. You must immediately update your credentials if you believe that your Account has, or may have been compromised. It is important to monitor your Account history to ensure any unauthorised or suspicious activity on your Account is identified and notified to us as soon as possible.

(i) We will not be liable for any loss, cost, damage, expense, fees or charges or liability (“Loss”) you may incur as a result of any unauthorised use of your Account.

(j) It is your responsibility to update your contact and payment details on the Account if they cease to be current. We will rely on the details populated in the Account to contact you or make a payment to you (or attempt to do either of those things) and we will not be liable if these details are incorrect.

(k) We will rely on instructions we receive from you on the Account and are not obliged to inquire as to whether the person providing us with the instructions is actually you. Any instructions or other acts undertaken on the Account will be deemed to have been provided or otherwise authorised by you regardless of whether this is in fact the case.

(l) Instructions are irrevocable once given and you cannot rescind or withdraw them without our prior written consent.

(m) We may impose monetary or Token limits on Transactions, External Transfers and other activity undertaken on your Account in our absolute discretion. The limits may apply on a daily, weekly or monthly basis, as determined in our absolute discretion.

4. TOKEN TRANSFER

(a) Tokens held in the Account may be transferred to an external cryptocurrency wallet that is owned by you (“External Wallet”). You must not transfer Tokens in your Account to any third-party or for the purposes of making payments for goods or services.

(b) You may request us to transfer some or all of the Tokens in your Account to an External Wallet (“External Transfer”) by nominating:

(i) the account address of the External Wallet;

(ii) the number and type of Tokens that will be transferred to the External Wallet.

(c) Your instructions to us to undertake an External Transfer will be irrevocable once received. An External Transfer cannot be cancelled or reversed once made.

(d) You are solely responsible for ensuring the details you provide to us in relation to an External Transfer are accurate and correct. You acknowledge that an error or mistake may result in Tokens becoming lost or irrecoverable.

(e) You acknowledge that we are only responsible for effecting your instructions to make the External Transaction. We are not liable for any Loss you incur as a result of an External Transfer, including with respect to:

(i) you transferring Tokens to the wrong account address or network;

(ii) us transferring Tokens to the wrong account address as a result of you providing us with the wrong account address details;

(iii) us not providing any monitoring or due diligence with respect to the External Wallet, including whether it is legitimate or as to the identity of the owner or controller of the External Wallet;

(iv) any delay or disruption in the transfer of Tokens to the External Wallet;

(v) ensuring that the External Wallet actually receives the Tokens; or

(vi) any fees or other network charges incurred as a result of the transfer to the External Wallet.

(f) We may, in our absolute discretion, refuse to accept instructions, or require further information before accepting to process instructions, in relation to an External Transfer. We will not be liable for any Loss you incur as a result of such delay or refusal.

(g) You agree that a Fee may be payable to us for facilitating the External Transfer. This Fee is in addition to gas or network fees charged by third-parties in relation to the External Transfer.

(h) You may deposit Tokens to your Account. You must deposit Tokens to the specific deposit address and network specified in the Application. We will account for any deposit of Tokens when we actually receive the Tokens. We do not have any other responsibility or liability with respect to such deposit, and we will not be liable for any Loss you incur as a result of depositing (or attempting to deposit) Tokens to your Account. We are not obliged to accept any deposit of Tokens to the Account.

5. WAYEX CARD – APPLICATION

(a) The Issuer of the WayEx Card is Flexewallet Pty Ltd ACN 164 657 032 AFSL No. 448066 (“Issuer”). We are an authorised representative (AR No. 001303262) of the Issuer and are authorised to provide general advice and deal in the WayEx Card.

(b) You may apply to be issued with a WayEx Card. You will be required to:

(i) provide information which is requested by the Issuer;

(ii) comply with the Issuer’s onboarding process, which includes meeting any identification and verification requirements for the Issuer to comply with AML/CTF Laws;

(iii) agree to the product disclosure statement issued in respect of the WayEx Card (“Product Disclosure Statement”) and all other documents governing the WayEx Card, as nominated by the Issuer from time to time.

(c) You consent to us passing on any information received under clause 5(b) to the Issuer.

(d) WayEx and the Issuer reserve the right to approve or reject your application for a WayEx Card at their absolute discretion, without the requirement to provide any reasons.

(e) If your application for a WayEx Card is approved, you acknowledge that your use of the WayEx Card will be governed by these Terms and the Product Disclosure Statement. If there is any inconsistency between these Terms and the Product Disclosure Statement, the Product Disclosure Statement will prevail to the extent of the inconsistency.

6. WAYEX CARD – TRANSACTIONS

(a) Subject to clause 6(e), by presenting your WayEx Card at a point-of-sale to make a payment (“Payment”), you irrevocably authorise us to sell Tokens you have selected to meet the Payment. You cannot instruct us to cease or reverse the sale of Tokens once a Payment has been initiated.

(b) We will immediately sell such amount of Tokens as required to meet the Payment (including all Fees) at the prevailing sell price, which can be viewed in the Application at the time of the Payment. If you have any concerns regarding the sell price, we recommend that you view it in the Application before using the WayEx Card to make a Payment.

(c) You acknowledge and agree that it is your responsibility to ensure that any Payment instructions we receive from the Issuer on your behalf are correct.

(d) If we are advised that your Payment cannot be processed, we will:

(i) advise you of this through the Application; and

(ii) credit your Account with the amount of the Payment (less Fees) or take reasonable steps to arrange for your funds to be returned to you.

(e) You may prepay funds to your WayEx Card. You can sell Tokens in your Account and direct that the proceeds from those Tokens be applied as prepaid funds which are then available to the WayEx Card. These funds will be transferred to the Issuer, which will apply the prepaid balance to your WayEx Card. In respect of a Payment, amounts owing will be satisfied by:

(i) first, deducting all prepaid balances; and

(ii) to the extent an outstanding balance on the Payment remains, selling Tokens in accordance with clause 6(a).

7. WITHDRAWALS

(a) Money in your Account will be maintained in trust in a bank account with a reputable Australian deposit-taking institution. These funds are segregated from our own funds.

(b) You waive any right to receive interest in respect of fiat held in your Account. You acknowledge that we are entitled to retain that interest, if any is accrued.

(c) You may withdraw some or all of the fiat funds in your Account to your Bank Account. You must provide us with all information requested in the Application to effect the withdrawal. You are responsible for providing us with accurate details.

(d) You acknowledge that the account holder of the Bank Account is in the same name as your Account.

(e) You agree to provide us with any information required for us to comply with our obligations under the AML/CTF Laws in respect of the withdrawal.

(f) We may impose transaction limits on withdrawals in our absolute discretion.

8. EXCHANGE

(a) The Services are only available in connection with Tokens which we support. The list of supported Tokens may change from time to time. We may remove or suspend one or more Tokens from the list of supported Tokens at any time and will endeavour to provide you with prior notice where this occurs.

(b) You may provide us with instructions to:

(i) use money held in your Account to purchase Tokens (“Purchase Transaction”); or

(ii) sell Tokens in your Account in exchange for fiat currency (“Sale Transaction”).

(c) The price at which Transactions are quoted are disclosed to you in a confirmation notice (“Confirmation”). The price quoted in the Confirmation is only an estimate of the price or exchange rate at which the Transaction will be executed.

(d) If you accept the Confirmation in the Application, you authorise us to execute the Transaction on your behalf in accordance with the terms of this clause.

(e) Due to the volatile nature of Tokens, the price quoted in the Confirmation may differ from the price at which the Transaction is ultimately executed (“Transaction Price”). Subject to clause 8(f), you agree that you will be bound by the Transaction Price for the relevant Transaction.

(f) If, in relation to a Transaction, the variance between the Transaction Price and price quoted in the Confirmation:

(i) is less than 5%, we may execute the Transaction on your behalf; and

(ii) greater than 5%, we may not execute the Transaction and require that a new Confirmation is issued in relation to the Transaction.

(g) If there is a variance and the Transaction is executed in accordance with clause 8(f)(i), you acknowledge that:

(i) in respect of a Purchase Transaction, you may receive fewer Tokens than that which was quoted in the Confirmation; and

(ii) in respect of a Sale Transaction, you may receive less fiat currency than that which was quoted in the Confirmation,

and you agree that we will not be liable for any Loss you incur as a result.

(h) In respect of Purchase Transactions, you acknowledge that we are not obliged to accept the order where there are insufficient funds in your Account.

(i) The order in which we execute Transactions will be determined by us in our absolute discretion. We reserve the right to put Transactions on hold, or only fill them in part, which may be caused by the size or liquidity of the Transactions or other factors.

(j) We may temporarily suspend the Services in relation to a Token while we determine whether or not to support a proposed fork of the Token (“Fork”). We are under no obligation to support a Fork of a Token that you hold in the Account. You acknowledge that we have no control over the creation or implementation of a Fork. You may not be able to trade the Forked Token on the Account and you acknowledge that you may lose any value associated with the relevant Token.

(k) You may access and download a record of all Transactions at any time while you hold an Account.

(l) A reference in these Terms to a “Transaction” means a Sale Transaction or Purchase Transaction.

9. FEES

(a) The Services are subject to the fees (“Fees”) as set out in our website (www.wayex.com) (“Website”).

(b) We may update the Fees from time to time. Any updated Fees will apply from the date the updated Fees are set out on the Website. We will provide you with at least 5 days’ notice of any updates to the Fees.

(c) You acknowledge that we are authorised to deduct any Fee from the proceeds of any Transaction or from the funds in your Account.

10. AML/CTF LAWS

(a) You acknowledge and agree to provide all reasonable assistance to us in complying with our obligations under the AML/CTF Laws, including by providing us with information or documentation requested in relation to Transactions, External Transfers or other activities undertaken on your Account.

(b) The ongoing provision of Services is subject to your compliance with AML/CTF Laws.

(c) We may place a hold or suspend your Account if:

(i) you decline to provide the information and assistance required by clause 10(a) or do not provide it in a timely manner;

(ii) you notify us that your Account has been subject to unauthorised access or has otherwise been compromised;

(iii) you breach or we reasonably believe you have breached these Terms; or

(iv) we consider that your use of the Services may violate any AML/CTF Laws.

(d) The period of any hold or suspension will be determined by us in our absolute discretion.

(e) We will not be liable for any Loss you incur as a result of any hold or suspension imposed on your Account.

11. INTELLECTUAL PROPERTY

(a) We own all right, title and interest in the Services, Account, Application and associated software, technology tools and content and any services marks, logos, website and other materials produced by WayEx (“WayEx Intellectual Property”).

(b) You are only permitted to use the Services, Account, Application and WayEx Intellectual Property in accordance with these Terms. We grant you a revocable, non-exclusive and non-transferable licence to use the WayEx Intellectual Property during the period you use our Services.

12. MATERIALS

(a) All text, images, audio recordings, video recordings, and other information and content, including but not limited to, marketing, promotional and materials (“Materials”) hosted or made available on or through the Services, Account or Application is provided:

(i) for general information purposes only; and

(ii) without any regard whatsoever to the personal circumstances of any person.

(b) Materials hosted or made available on or through the Services or Account do not constitute a recommendation or endorsement of any product, service or content offered by WayEx or others. Materials are not verified or vetted by us, and we do not warrant that such Materials will be accurate, complete or otherwise fit for any particular purpose.

(c) Before acting on, or relying upon, any Materials hosted or made available on or through the Services or Account, we strongly recommend that you undertake your own investigations and enquiries.

(d) By publishing any Materials or otherwise providing us with any information we require to provide the Services (“Content”), you:

(i) grant us a non-exclusive, worldwide, royalty-free, perpetual licence (including a right of sublicence) to use, copy, modify or otherwise exploit the Content in connection with providing the Services; and

(ii) warrant that you have the right to grant such a licence.

(e) You agree to indemnify and hold us harmless from any Loss incurred from a claim made by any third party arising out of the Content.

13. PROMOTIONS

We may make certain offers, or carry out promotions or contests (“Promotions”). Additional terms may apply to Promotions. In the event of any inconsistency between these Terms and the terms of any Promotion, the terms of the Promotion prevail over these Terms to the extent of any inconsistency.

14. RISK WARNING

(a) Before deciding to use our Services, you should carefully consider your personal objectives, needs and circumstances.

(b) There are a number of risks associated with our Services, including:

(i) Token risk. The value or utility of Tokens is dependent on their underlying technologies. Tokens are subject to technology risks, including faults, attacks, defects, hacks, exploits, errors, protocol failures or unforeseen circumstances occurring in respect of the Token or the technologies or economic systems on which the Tokens rely.

(ii) Legal status. The legal status of Tokens remains uncertain in many countries and jurisdictions around the world. Tokens are not recognised as legal tender in Australia;

(iii) Volatility risk. Trading in Tokens is subject to high market risk and price volatility. Changes in value may be significant and may occur rapidly without warning. Past performance is not a reliable indicator of future performance.

(iv) Liquidity risk. Tokens may have limited liquidity which may make it difficult or impossible for you to sell or exit a position when you wish to do so.

(v) Availability risk. We do not guarantee that the Services will be available at any particular time or that the Services will not be subject to unplanned service outages or network congestion. It may not be possible for you to buy, sell, store, transfer, send or receive Tokens when you wish to do so.

(vi) Third-party risk. Third parties, such as payment providers, cryptocurrency exchanges, custodians, liquidity providers and others may be involved in the provision of the Services. A default or breach by these providers may directly impact the Services, including your ability to recover money or Tokens held with us. We are not responsible for any Loss you suffer as a result of these third parties.

(vii) Security risk. You are responsible for keeping your Account password safe and secure and for ensuring any device that you use for two-factor authentication purposes is not compromised or accessed by third parties, and you will be responsible for all transactions under your Account, regardless of whether you authorised them or not. Transactions in Tokens are irreversible, and losses due to fraudulent or unauthorised transactions may not be recoverable.

(viii) System or hardware failure, unauthorised access or fraud risk. Tokens and funds held with WayEx may be lost if you or WayEx is subject to system or hardware failure, unauthorised access or a fraud event. You bear the risk of such Loss.

(ix) Counterparty risk. WayEx holds the Tokens. There is a risk that WayEx becomes insolvent or subject to losses which may jeopardise its ability to deliver to you some or all of the value of your Tokens or money deposited in your Account.

15. PROHIBITED CONDUCT AND RESTRICTIONS

(a) In connection with your use of the Services, Account and Application, you agree that you will not engage in the following Prohibited Uses. This list is non-exhaustive and we may update it from time to time. The Prohibited Uses include any actions or activities which:

(i) infringe the intellectual property or other rights of another person;

(ii) are defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

(iii) relate to unlawful content;

(iv) create a privacy or security risk to any person, including by soliciting personal information from any person;

(v) are false, misleading or deceptive;

(vi) contain financial, legal, medical or other professional advice;

(vii) would harm, abuse, harass, stalk, threaten or otherwise offend;

(viii) would reflect negatively on us, including our goodwill, name and reputation;

(ix) tamper with, hinder the operation of, or make unauthorised modifications to the Services or Account;

(x) would breach any applicable laws; and

(xi) would result in civil or criminal liability for you, us or any third party.

(b) In using the Account and Services, you must not:

(i) violate any applicable laws, or use the Account or Services for any purpose that is unlawful (including, money laundering, terrorism financing or other criminal activities);

(ii) make ransomware or other similar payments;

(iii) distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;

(iv) do anything that will result in us breaching any applicable laws (including the AML/CTF Laws and the Corporations Act);

(v) access the Services or Account by any means other than those authorised by these Terms (including virtual private networks);

(vi) reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Account or Service’s source code, formulae or processes;

(vii) damage, disrupt, interfere with or misuse the Services, including by data mining, hacking, data harvesting or scraping or using similar data gathering and extraction tools in respect of the Services;

(viii) launch any automated program or script, including web crawlers, web robots, web indexers, bots, viruses or worms or any program which makes multiple server requests per second or impairs the operation or performance of the Services;

(ix) use any device, software or routine which is intended to damage or interfere with the proper working of the Services or to intercept or sequester any system, data, images or other multimedia elements from the Services; or

(x) engage in any other conduct that inhibits any other person from using or enjoying the Services.

16. LIABILITY AND INDEMNITY

(a) All express or implied guarantees, warranties, representations, statements, terms and conditions relating to the Services, Account and Application that are not contained in these Terms are excluded to the maximum extent permitted by law.

(b) In particular, and without limiting paragraph (a):

(i) while we endeavour to provide convenient and functional Services, we do not guarantee that your requirements will be met or that your use of the Services will be uninterrupted error free or that the Services are free of viruses or other harmful components; and

(ii) we cannot be responsible for any Loss, corruption or interception of data sent to or from our Services which occurs outside of our computer system (such as those which occur while being sent over the internet).

(c) Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited.

(d) If any guarantee, term, condition or warranty is implied into these Terms under the Australian Consumer Law or any other applicable legislation (“Non-Excludable Provision”) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for a breach of the Non-Excludable Provision is limited to the supplying of the services again, or the payment of the cost of having the services supplied again.

(e) Subject to clauses 16(f) and 16(g), our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms or the Services whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to A$1,000.

(f) Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:

(i) special, indirect, consequential, incidental or punitive damages; or

(ii) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,

whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

(g) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

(h) You agree to indemnify WayEx and its officers, directors and employees from and against any Loss arising out of, relating to, or incurred in connection with any claim, complaint, action, audit, investigation, inquiry or other proceeding instituted by a person or entities that arises or relates to:

(i) your breach of these Terms;

(ii) any dealings, contracts or arrangements between you and the Issuer;

(iii) any Payment,

except to the extent caused or contributed by our fraud, negligence or wilful misconduct.

17. WARRANTIES

(a) You represent and warrant that:

(i) you have the necessary power, capacity and ability to fulfil your obligations under these Terms;

(ii) you understand the risks associated with Tokens, and where in doubt, that you obtain professional advice with respect to buying, selling or holding Tokens;

(iii) you understand that the Services are provided on an execution-only basis and that we are not providing you with any advice or recommendations with respect to the Services, including whether they are appropriate for your personal circumstances;

(iv) all transactions under these Terms (including the Transactions) are irreversible once made;

(v) your use of the Services will not contravene any applicable law or regulation;

(vi) all material you have provided to us is true and accurate and is not misleading or deceptive and that you will immediately notify us if this ceases to be the case;

(vii) you will only use the Services in accordance with these Terms;

(viii) your use of the Services and entering into transactions does not infringe the rights of any third party or any applicable law;

(ix) if you use the Services on behalf of a non-individual entity:

(A) that you are duly authorised to represent such entity and bind the entity to these Terms; and

(B) that entry into these Terms will not infringe any constituent documents or other arrangements to which such entity is bound or is otherwise a party.

(b) The warranties in this clause 17 are repeated each day during the Term.

18. TERMINATION

(a) You may terminate your Account by providing us with notice in the Application. However, we will not accept your request to terminate if:

(i) your Account is suspended;

(ii) amounts are owing by you to us, the Issuer or any third party; or

(iii) your Account is subject to any dispute, investigation or enforcement proceedings.

(b) We may immediately terminate your Account by notice to you if:

(i) you have breached these Terms, and if capable of remedy, have not remedied the breach to our satisfaction within 10 days of receiving notice from us;

(ii) you become bankrupt, insolvent or unable to pay your debts as and when they fall due (or an analogous event occurs);

(iii) your Account has been inactive for a period of at least 6 months;

(iv) your use of the Account is subject to any pending, ongoing or threatened litigation or judicial, governmental or regulatory proceedings and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account;

(v) your Account has been placed on hold or suspended pursuant to these Terms for a consecutive period of at least 30 days;

(vi) any Transaction, External Transfer or other activity on your Account is unauthorised, erroneous, fraudulent, or unlawful or we have determined or suspect that your Account or Services are being used in a fraudulent, unauthorised or unlawful manner;

(vii) information provided by you is incomplete or inaccurate;

(viii) we reasonably consider that your Account has, or may be used to make a payment to providers that we suspect may be involved in scams, ransomware or other illegal activity; or

(ix) we reasonably consider that we are required to do so by applicable laws.

(c) Termination of this Agreement does not affect any obligations incurred on or prior to the date of termination.

(d) If your Account is terminated, you will be required to withdraw all money and Tokens in your Account within 30 days or any longer period specified by us. In the event you fail to do this, we will send you notice of our intention to treat your account as dormant. Dormant accounts will be treated in accordance with any unclaimed property laws that apply from time to time.

19. LINKS

The Services may contain links to other third-party websites and advertisements which include embedded links, which are provided for your information only. We have not reviewed any of the sites linked to the Services and are not responsible for the content or accuracy of any offsite pages or any other sites linked to the Services. The inclusion of any link or advertisement does not imply that we endorse or approve the linked site or the subject matter of the advertisement. You access third-party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

20. PRIVACY

We will collect, handle and use your personal information in accordance with our Privacy Policy, which is available at www.wayex.com. Our Privacy Policy contains important information about the purposes for which we collect personal information, the entities to which we may disclose the information we collect (including any overseas disclosures that we may make), how you can access and seek correction of the personal information we hold about you or how you can make a complaint about our handling of your personal information.

21. DISPUTE RESOLUTION

(a) If you wish to make a complaint about the Services, you can contact us as at support@wayex.com or via the contact function on our Website (https://www.wayex.com/faq). Please include your name, email address and/or telephone number and set out as much information as possible concerning your complaint.

(b) We treat all information submitted in connection with a complaint in confidence. Any information collected during the internal dispute resolution process is collected for the purpose of evaluating and improving the process.

(c) We seek to acknowledge receipt of all complaints within 10 business days and resolve all complaints within 30 business days. This may not be possible in all circumstances and will depend on the nature of any particular complaint.

(d) We may contact you to discuss your complaint and may ask you to provide additional information.

(e) Where we cannot resolve a complaint within 30 days, we will notify you of the reasons for the delay and we will provide you with an indication of when we expect to resolve the complaint.

(f) We will give you a written response to your complaint and the reasons for reaching a particular decision. If you believe that we have failed to address your complaint satisfactorily, we will provide you with information about any further steps you can take.

(g) If you have complied with this clause and your complaint relates to the WayEx Card, you have the ability to escalate your complaint to the Australian Financial Complaints Authority (“AFCA”). AFCA’s contact details can be found on at www.afca.org.au.

22. TAXES

You are solely responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with the use of the Services. You also are solely responsible for collecting, withholding, reporting, and remitting correct taxes to the appropriate tax authorities. We are not obligated to nor will we determine whether taxes apply, nor calculate, collect, report, or remit any taxes to any tax authorities arising from any transaction.

23. GENERAL

(a) We may unilaterally vary these Terms from time to time by providing you with at least 30 days’ notice. We will display a notice on the Website (and notify you through the Application) indicating when any such revisions have been made. By continuing to access the Services once the revised Terms have become effective, you agree to be bound by such revised Terms. If you do not agree to the revised Terms you must not access the Services and you should contact us at support@wayex.com to terminate the Account.

(b) If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(c) These Terms are governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales.

(d) These Terms supersede all previous agreements, understandings, negotiations, representations and warranties about its subject matter and embody the entire agreement between the parties about its subject matter.

(e) Neither party will be liable for any failure or delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond that party’s reasonable control.

(f) Your use of the Website and Services is conducted electronically, and you agree that we may communicate with you electronically for all aspects of your use of the Services, including sending you electronic notices.

(g) The provisions of these Terms which by their nature survive termination or expiry of these Terms will survive termination or expiry of these Terms.

(h) No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.

(i) The word “including” when used in these terms of use is not a term of limitation.

(j) Capitalised terms have the meaning ascribed to them in these Terms, unless otherwise expressed.