1. About these terms
These Terms and Conditions (the "Terms") govern your access to and use of the websites, applications, accounts, and services made available by SGCPAY (AUS) LIMITED ("SGCPAY", "we", "us" or "our"). By opening an account, submitting an application, or otherwise using our services, you agree to be bound by these Terms. If you do not agree with them, you should not use our services.
These Terms should be read together with the other documents in our legal library, including our Privacy Policy, Acceptable Use Policy, Risk Disclosure Statement, Digital Asset Risk Warning, Fees and Charges, AML/CTF Statement, Cookie Policy, Complaints Policy, and Customer Funds and Safeguarding statement. Where a specific product or service has additional terms, those additional terms apply in combination with these Terms and, to the extent of any inconsistency for that product, prevail.
Some services are provided by, or in cooperation with, third-party financial institutions and technology providers. Where that is the case, additional terms supplied by that provider may also apply to you, and we will make those terms available to you before or at the point the relevant service is offered.
2. Who we are and our regulatory status
SGCPAY (AUS) LIMITED holds Australian Business Number (ABN) 61 662 299 434. Our registered details are as recorded in the Australian Business Register. We are registered with the Australian Transaction Reports and Analysis Centre (AUSTRAC) on the Digital Currency Exchange (Virtual Asset Service Provider) Register, registration number DCE100840582-001, and on the Remittance Service Provider Register, registration number IND100840582-001.
Registration with AUSTRAC relates to obligations under Australia's anti-money-laundering and counter-terrorism-financing regime. It does not constitute an endorsement of SGCPAY by AUSTRAC, and it does not mean that all of our services are licensed or authorised financial services. Some services described on our website are in development, are offered through authorised third parties, or are subject to further regulatory approval, eligibility, and regional availability.
3. Eligibility and account opening
To use our services you must be at least 18 years of age and have the legal capacity to enter into a binding contract. If you are applying on behalf of a business or other entity, you confirm that you are authorised to bind that entity to these Terms.
Opening an account is subject to our customer due diligence, identity verification, and onboarding checks. We may decline an application, request further information, or apply limits or conditions at our discretion, consistent with our legal and regulatory obligations described in our AML/CTF Statement. We may also decline to provide services to persons in jurisdictions where we do not operate or where providing the service would be unlawful.
4. Services and availability
The specific services available to you depend on your jurisdiction, your eligibility, the outcome of our compliance checks, the availability of our banking and technology partners, and applicable regulatory requirements. Not all products described on our website are available in all countries or to all customers.
We may add, change, suspend, or withdraw services or features at any time. Where we make a material change that adversely affects a service you actively use, we will take reasonable steps to give you advance notice unless the change is required for legal, regulatory, or security reasons.
5. Your obligations
You agree to provide accurate, complete, and current information, to keep your account details up to date, and to notify us promptly of any change that may affect your eligibility or our compliance obligations. You are responsible for maintaining the security of your access credentials and for all activity conducted through your account, subject to applicable law.
You must use our services only for lawful purposes and in accordance with our Acceptable Use Policy. You must not use our services to facilitate money laundering, terrorism financing, fraud, sanctions evasion, or any other unlawful activity, and you must cooperate with reasonable requests for information that we are required to make.
6. Fees and charges
Fees applicable to your use of our services are set out in our Fees and Charges document and, where relevant, are confirmed to you during onboarding or before you use a chargeable service. You are responsible for any taxes, levies, or third-party charges (such as network or intermediary fees) that apply to your transactions.
We may vary our fees from time to time. Where a variation affects a service you actively use, we will take reasonable steps to notify you in advance in accordance with these Terms and applicable law.
7. Digital assets and associated risk
Certain services relate to digital assets. Digital assets are volatile, and their value can fall as well as rise, potentially to zero. Digital-asset transactions may be irreversible once confirmed on the relevant network. You should read our Digital Asset Risk Warning and Risk Disclosure Statement carefully before using any digital-asset service.
You are responsible for understanding the characteristics of any digital asset you transact in and for satisfying yourself that the service is appropriate for your circumstances. We do not provide investment, tax, or legal advice.
8. Third-party and intermediated services
Some services are delivered in whole or in part by third parties, including banking partners, card issuers, and technology providers. We are not responsible for the acts or omissions of third parties beyond our reasonable control, although we will act in good faith to select reputable partners and to represent your interests where appropriate.
Where a third party provides a regulated service, that service is governed by the third party's terms and its own regulatory permissions. We will make relevant information available to you so that you understand who is providing a given service.
9. Settlement and finality
We do not guarantee that a payment instruction, blockchain confirmation, API message, or internal ledger record constitutes final settlement by a bank or payment system. Funds should be treated as settled only when confirmed as cleared and available through the relevant financial institution or network.
Timeframes for processing payments and transfers are indicative and may be affected by third-party systems, compliance checks, network conditions, and factors outside our control.
10. Liability
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded under applicable Australian law, including the Australian Consumer Law. Where our liability can lawfully be limited, our liability to you is limited to the extent permitted by law.
To the maximum extent permitted by law, we are not liable for indirect, incidental, special, or consequential loss, or for loss arising from events beyond our reasonable control, including the failure or delay of third-party systems, market volatility, or the irreversibility of digital-asset transactions.
11. Intellectual property
The SGCPAY name, logo, trade marks, and the content, design, and functionality of our website, applications, and documentation (including all text, graphics, software, and underlying code) are owned by, or licensed to, SGCPAY (AUS) LIMITED, and are protected by Australian and international intellectual property laws. Nothing in these Terms transfers ownership of any such intellectual property to you.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable licence to access and use our website and services solely for their intended purpose. This licence does not permit you to copy, reproduce, modify, adapt, distribute, publicly display, reverse-engineer, decompile, or commercially exploit any part of our website, services, or documentation, in whole or in part, without our prior written consent.
If you provide us with feedback, suggestions, or ideas about our services, you agree that we may use, adapt, and incorporate that feedback without restriction or obligation to you, including without any obligation to compensate you or attribute the feedback to you.
12. Indemnity
You agree to indemnify and hold harmless SGCPAY (AUS) LIMITED, and our officers, employees, and agents, against any losses, liabilities, claims, damages, costs, and expenses (including reasonable legal costs) arising out of or in connection with your breach of these Terms, your unlawful use of our services, or your provision of inaccurate, incomplete, or misleading information to us, except to the extent that any such loss, liability, or claim is caused by our negligence or wilful misconduct.
Nothing in this clause limits or excludes any right or remedy you may have under the Australian Consumer Law or other applicable law that cannot lawfully be excluded, restricted, or modified.
13. Suspension, termination, and complaints
We may suspend, restrict, or close your account or a particular service where we are required to do so by law, where we reasonably suspect unlawful activity or a breach of these Terms, or where necessary to protect you, other customers, or SGCPAY. Where lawful and practicable, we will give you notice and an explanation.
If you are dissatisfied with our services, our Complaints Policy explains how to raise a complaint and how it will be handled, including how a complaint may be escalated to the relevant external dispute resolution scheme, details of which are available on request.
14. Governing law and changes to these terms
These Terms are governed by the laws of Australia, and you submit to the non-exclusive jurisdiction of the courts of Australia. If any provision of these Terms is found to be unenforceable, the remaining provisions continue in effect.
We may update these Terms from time to time. The current version is the version published on our website, and the "Last updated" date indicates when it last changed. Where a change is material and adversely affects you, we will take reasonable steps to notify you. Your continued use of our services after an update takes effect constitutes acceptance of the updated Terms. If you have any questions about these Terms, you can contact us via the contact form on our website.