Terms and Conditions

  1. Azimo terms and conditions provisions
  2. Definitions
  3. Information about us and how to get in touch with us
  4. Confidentiality/ Privacy
  5. Eligibility and your access right
  6. Information we provide before the Transaction is complete
  7. How the Contract is formed between you and us and how sending the Transaction Amount works in practice
  8. Information provided after we process a transaction
  9. Limitations on our liability and indemnity
  10. Your responsibilities and obligations
  11. Fees and payment methods
  12. Cancellations and refunds
  13. No Guarantee
  14. Promotions
  15. Complaints
  16. Intellectual property
  17. Referral and Promotions Terms
  18. How to earn a Referral Credit
  19. Referral Program fair use
  20. Our rights in relation to Referral Credits
  21. Written communications
  22. Notices and communications
  23. Transfer of rights and obligations
  24. Waiver
  25. Severability
  26. Entire agreement
  27. Our right to vary these terms and conditions
  28. Law and jurisdiction
  1. Azimo terms and conditions provisions
    1. The website, www.azimo.com (“Website”), and Azimo’s mobile phone application (“Application”) are operated and controlled by Azimo Ltd (“Azimo UK”) on behalf of AzimoPSP Pty Ltd (ACN 642 496 740) (“Azimo”, “we”, “our” or “us”) to you (“Sender”, “you” or “your”) in order to enable you to transfer a money (“Service”).
    2. The Service is provided by Azimo to you (“Sender”, “you” or “your”).
    3. Where a right or obligation under these Terms relates to the Website or the Application, the terms “we”, “us” or “our” refer to Azimo UK. Where a right or obligation relates to the Service, the terms “we”, “us” or “our” refer to Azimo.
    4. The use of the Website and the Application, and the provision of the Service, is governed by and subject to these Terms and Conditions (“Terms”). They are intended to be legally binding.
    5. You hereby acknowledge and agree that this English language version of the Terms is the applicable version for all languages. Any other language version we may provide is for guidance purposes only. Any dispute or claim arising out of or in connection with the Terms or their subject matter or formation (including non-contractual disputes or claims) will be considered in relation to the English version only.
    6. It is important that you understand that access and use of the Website, Application and the Service is conditional on your acceptance of these Terms. At all times, you may request to receive a copy of these Terms via post or email. Please send an email to hello@azimo.com.
  2. Definitions

    The following Terms shall have the following meaning(s) when used in the Terms, unless the context requires otherwise:

    1. “Application” means the Azimo mobile phone application operated by Azimo UK to provide online money transfer services and the related information;
    2. “AML/CTF Compliance Officer” means the staff member at Azimo or its group companies who is responsible for compliance with the AML/CTF legislation and other relevant laws;
    3. “AML/CTF legislation” means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No.1), as amended from time to time;
    4. “Azimo” means AzimoPSP Pty Ltd (ACN 642 496 740), incorporated in Australia;
    5. “Azimo UK” means Azimo Ltd (company number 07895399), incorporated in the United Kingdom,;
    6. “Fees” means the charges and fees we charge to you for the Service, as applicable, in accordance with the price list published on the Website and/or the Application, or the prices or rates that we communicate to you before we issue a Confirmation, or as provided in these Terms.
    7. “Force Majeure Event” means any acts, events, omissions or accidents beyond our reasonable control, which are not known at the time the Terms are agreed to, including, without limitation:
      • an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, export controls, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, pandemic or epidemic, industrial disputes, shortages of raw materials or components, general disruptions to transportation, telecommunication systems, power supply or other utilities;
      • the acts, decrees, legislation, regulations or restrictions imposed by any government or state;
      • the actions or omissions of the third parties;
      • malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
      • any losses or delays in transmission of messages arising out of the use of any internet access service provider or caused by any browser or other software which is not under our control; or
      • any Malicious Code interfering with the Service;
    8. “FX Spread” is where you pay for a transaction in one currency and it is paid out in another currency, we apply an FX spread. The FX spread is the difference between the exchange rate we buy the currency in and the exchange rate we are able to provide to you and we communicated it in the order confirmation and it covers our costs plus a small margin
    9. “IPRs” refers to Intellectual Property Rights, and means the rights to the Website, the Application, the content, the name AZIMO and other names, logos, signs, domain names, email addresses and other indications of origin displayed on the Website or the Application relating to Azimo’s or Azimo UK’s products and/or services and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, design right, trade marks);
    10. “Malicious Code” means computer viruses, Trojans, software locks, drop-dead devices, malicious logic or trap door, worms, time bombs, corrupted files or other computer programme routines that are intended to delete, disable, deactivate, damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
    11. “Privacy Policy” means the Azimo Australian Privacy Policy available on the Website, as amended from time to time;
    12. “Prohibited Purpose” means any unlawful purpose (whether such illegality arises in the country from which the funds are transferred or where they are intended to be received or in any territory with jurisdiction over the Sender or the Receiver) including, without limitation, the transfer or receipt of payment for illegal activities, the transfer of funds which constitute proceeds of crime under the Proceeds of Crime Act 2002 (Cth) or money laundering or terrorism financing under the AML/CTF legislation, or which are obtained by illegal activity, the transfer of funds for the purpose of funding illegal activity, the transfer of funds for the purpose of avoiding the seizure of such funds by law enforcement authorities or under orders of any court of law, and any transfer of funds without the permission of their owner;
    13. “Recipient” means the person who receives (or who the Sender intends to intends to receive) the money through the Service;
    14. “Reference Number” means the unique Transaction number, which will be issued to you and which the Recipient will be required to provide to our partners in order to receive the amount transferred;
    15. “Sender”means the person who initiates the carrying out of a money transfer through the Service,
    16. “Transaction” means a money transfer that you initiate using the Service and/or every other use that you make of the Service;
    17. “Website” means the website Azimo.com operated by Azimo UK to provide online money transfer services and the related information.
  3. Information about us and how to get in touch with us
    1. Azimo UK operates the Website and the Application which enable you to transfer money using a device connected to the internet and/or a mobile phone.
    2. Azimo is a wholly owned subsidiary of Azimo UK, and provides the Services to customers in Australia.
    3. We can be contacted via the following means:
  4. Confidentiality/ Privacy
    1. We will collect, use, store and disclose your personal information in accordance with our Privacy Policy.
    2. Without limiting our Privacy Policy, you acknowledge that you expressly authorise us to disclose any of your personal or payment information to a Recipient or to any bank, card issuer, payment processor, rewards or loyalty program, or service provider used by Azimo or Azimo UK for the purpose of operating the Website, the Application or providing the Service.
    3. Personal information will be treated as confidential, unless it is already public knowledge or where it becomes public knowledge through no fault of our own.
    4. We may disclose personal information for the purposes outlined in the Privacy Policy. We may also report suspicious matters to AUSTRAC or to other appropriate government authorities.
    5. For more details and information regarding the confidentiality, privacy and security of your personal information please refer to our Privacy Policy, that can be found at https://azimo.com/en/privacy-policy-for-australia.
  5. Eligibility and your access right
    1. By using the Service you warrant that you are at least 18 years old and that you have full capacity to enter into, agree to and comply with these Terms.
    2. Without prejudice to your rights in relation to any order for Service in relation to which we issued a Confirmation (in accordance with clause 7 below), we reserve the right, at any time, to terminate or suspend your access to the Service without prior notice if
      • You use the Service or attempt to use it for any Prohibited Purpose;
      • You attempt to transfer or charge funds from an account that does not belong to you;
      • We receive conflicting claims regarding your ownership of or your right to withdraw funds from a debit or credit card account;
      • You have provided us with false evidence of your identity or you fail to provide us with true, accurate, current and/or complete evidence of your identity or details regarding transactions;
      • You have failed to successfully pass our customer due diligence and sanction checks;
      • You are in breach of these Terms;
      • We have reason to believe that any of the foregoing has occurred or is likely to occur;
      • Upon the occurrence of any of the circumstances listed in section 7.5;
      • You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect the Website or the Application with any Malicious Code; or
      • the AML/CTF Compliance Officer has, in their sole discretion, made a decision to terminate or suspend the provision of the Service to you.
    3. You acknowledge and agree that in order to receive the Service, you must create an Azimo account using the procedure set in the Website or the Application.
  6. Information we provide before the Transaction is complete
    1. If funds are sent via a recipient form, before your Transaction is complete you will be provided with the following information:
      • The amount the Recipient will receive;
      • The maximum total Fees (including the FX Spread) that you will be charged;
      • The exchange rate that we will apply to your Transaction;
      • The location and documentation needed from the Recipient in order to collect the money (in case of cash collection);
      • An estimation of time it will take for the funds to be made available to the Recipient.
    2. The Transaction order will remain valid for 24 hours (or 5 days for bank transfers) from the moment you complete the Transaction order, in order for you to pay the value of the Transaction to us. If we have not received the relevant funds within this timeframe, the order will be cancelled in accordance with section 12 and you will be advised to initiate a new Transaction order.
  7. How the Contract is formed between you and us and how sending the Transaction Amount works in practice
    1. After you place a Transaction order via the Website using a recipient form, an email will be sent to you acknowledging that your order has been received. After you place a Transaction order via the Application, you will receive a confirmation in the Application. Please note that this does not mean that your order is accepted. Any placement of a Transaction order shall be deemed to constitute your explicit approval and authorisation of such order. Any approval can be revoked by you up until the moment the Recipient has been paid in accordance with clause 12
    2. A Transaction order constitutes solely an offer to buy our Service, which is subject to our discretionary acceptance. As part of the order, we will communicate the involved Fees and exchange rate. This does not yet constitute our acceptance. Such acceptance will be communicated to you either (i) via e-mail confirming that we are processing your request or (ii) through a confirmation in the Application (hereinafter called “the Confirmation”). The contract between you and us (hereinafter called “the Contract”) will only be formed when the Confirmation has been sent. The Transaction can still be revoked by you after Confirmation, but before payment to the Recipient in accordance with clause 12.
    3. Any placement of a Transaction order shall be deemed to constitute your explicit approval and authorisation of such Transaction order.
    4. The Contract relates solely to the Service that has been confirmed in the Confirmation.
    5. We reserve the right to refuse to perform a Transaction (including after you have received a Confirmation) if:
      • We are unable to obtain satisfactory evidence of your identity;
      • You provide us with false, incorrect or incomplete information;
      • We are unable to reach you via contact details provided by you;
      • Your Transaction order or other information or documentation that we request is not provided sufficiently in advance to allow us to process the Transaction;
      • You are in breach of the Terms;
      • You or the Transaction order you placed are in breach of any applicable laws or regulations or are made for a Prohibited Purpose;
      • Processing the Transaction in accordance with the Transaction Order may expose us to liability;
      • We are unable to process your Transaction due to variations in business hours, currency exchange or currency availability issues or due to any Force Majeure Event;
      • We have reason to believe that any of the foregoing has occurred or is likely to occur; or
      • the AML/CTF Compliance Officer has, in their sole discretion, made a decision not to process the Transaction.

      We are not required to provide you with the reason for exercising any of our rights in this clause, including the reasons for our decision and any follow-up procedure for correction, but may notify you of the reason in our sole discretion.

    6. Neither Azimo UK nor Azimo shall be liable for any damages, costs or losses incurred by the Sender or the Recipient or any third party if, as a result of any of the circumstances referred to in sections 5.2 or 7.5, we fail to complete the Transaction in accordance with a Transaction Order.
  8. Information provided after we process a transaction
    1. After we process your Transaction, an e-mail or notification via the Application will be sent to you with the following information:
    • The Reference Number;
    • A confirmation of the exact amount we are sending to the Recipient on your behalf in both pay in and pay out currencies;
    • A confirmation of the Fees (including the FX Spread) that have been charged;
    • The exchange rate applied to your Transaction;
    • A location and documentation needed from the recipient in order to collect the money (in case of cash collection option);
    • A confirmation of the bank to which the money has been sent (in case of bank deposit option),
    • The estimated time when the money will be available to the Recipient.
  9. Limitations on our liability and indemnity
    1. Any liability on our part in connection with these Terms is subject to the exclusions and limitations set out in these Terms.
    2. You agree that we will only be liable to you for loss or damage that is reasonably foreseeable and caused directly by our breach of the Terms, and that any liability (however arising) we may have to you is limited in accordance with these Terms.
    3. We are not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software.
    4. We are not liable for any breach of these Terms where the breach is due to a Force Majeure event, including any abnormal and unforeseeable or regulatory circumstances beyond our control, or where the breach is due to legal requirements.
    5. Subject to section 9.7, the liability of Azimo, Azimo UK, our affiliates or service providers, and any of their respective officers, directors, agents, employees or representatives, is limited to the Transaction Amount and the Fees as set out in the Transaction order(s) in dispute.
    6. The limitation of liability in these Terms is subject to any obligations that we have under applicable law and regulation which by law we cannot exclude, including our obligation to exercise reasonable care and skill in our provision of the Service.
    7. Our total aggregate liability, whether in contract, tort or otherwise, in relation to any single transaction, act, omission or event, or in relation to any number of related transactions, acts, and omissions or event is expressly limited to the greater of:
      • The amount of any Fees that was paid to us; or
      • AUD1,000.00.
    8. Nothing in this clause shall:
      • Exclude or limit liability on our part for death or personal injury resulting from our negligence; or
      • Exclude liability for our fraud, our willful misconduct or gross negligence.
    9. We are not liable for the quality, safety, legality, or delivery of the goods or services that you pay for using the Service.
    10. We shall neither be liable for any breach of our obligations under the Contract to you nor for any failure or delay in performance of any obligations under the Contract arising from or attributable to a Force Majeure Event.
    11. Our performance of our obligations under the Contract shall be suspended for the period that the Force Majeure Event continues and the time for performance will be extended for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the Contract may be resumed despite the Force Majeure Event.
    12. We do not bear any liability for you providing any incorrect details about your Recipient, including – but not limited to – errors and typos. If a Transaction has been sent to a person other than the Recipient in error, because of your failure to provide correct details, we will not be obliged to assist you retrieve the funds. We may, in our sole discretion, provide our reasonable assistance to try to retrieve the funds. We may charge you for any such assistance.
    13. You indemnify Azimo, Azimo UK and each of its directors, officers, shareholders, advisers, consultants, agents, employees and contractors (each an “Indemnitee”) against all liabilities, claims, losses and expenses (“Losses”) which may be incurred or suffered by the Indemnitees directly or indirectly arising out of your failure to comply with these Terms.
    14. You agree to indemnify Azimo for any Loss we incur due to a person’s unauthorised use of your information. Losses may include consequential losses and any legal fees incurred in defending or responding to Losses. This indemnity will apply regardless of whether a Transaction order was provided in error but will not apply to the extent that Losses were incurred or suffered by an Indemnitee due to the fraud or willful default of Azimo.
    15. We are not required to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make any payment before enforcing a right of indemnity conferred by these Terms.
  10. Your responsibilities and obligations
    1. You will not use the Service unless you are at least 18 years old and have capacity to enter into legally binding contracts.
    2. You acknowledge and agree that you will pay the Fees which relate to each Service we have provided to you.
    3. You shall comply with these Terms, and with any applicable laws, rules and regulations.
    4. In relation to your registration and use of the Service:
      • you will use the Website and the Application in accordance with these Terms;
      • you will disclose any matters to us that may affect the operation of these Terms, or your ability to comply with them;
      • you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation anti-money laundering and counter-terrorism financing laws, including the AML/CTF legislation, and any relevant data protection or privacy laws);
      • your use of the Website or the Application and/or submission of Transaction order does not infringe the rights of any third party or breach any applicable law;
      • you will not use the Website or the Application for illegal trade, illegal financial transactions, or legalisation of illegal proceeds;
      • you will provide us with accurate, current, complete and true evidence of your identity and any additional information or evidence we may require to confirm your identity;
      • you will supply us with all requested information and documentation in order to process your transfer and to comply with any legal requirements applicable to us or to our partners (including without limitation, the AML/CTF legislation);
      • you will update all information you provide to us to keep it accurate, current, complete and true;
      • you will not use the Service for or in connection with any Prohibited Purpose or attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code;
      • you will transfer money only from your own credit, debit card or bank account. You may not submit a Transaction order on behalf of another person;
      • you will not open more than one account with us;
      • you will keep your Reference Number secure. You must not share the Reference Number or any other Transaction details with anybody except the Recipient. If you share the Reference Number or other Transaction details with another person, or you allow another person to access that information, we may be entitled to treat any Transaction initiated by that person as valid and authorised by you and may not be responsible for any loss or damage that you incur as a result;
      • you will use the Service to send money only to people that you know personally or to pay for goods and services purchased from suppliers of whom you have sufficient knowledge and whose identity you verified. You acknowledge that we have no control over the suppliers or over the goods and services for which you use our Service to make payments and we have no responsibility for the quality, safety, legality, or the delivery of such goods or services to you.
    5. You understand and accept that:
      • We are legally obliged to retain information about our Senders and the Transactions that we process for up to 7 years after termination of our relationship with you or as may be required from time to time by applicable law or by any regulatory authorities;
      • All currency converted as part of the Service will be converted using our rate of exchange (as published on the Website and/or the Application or as may be communicated to you before we issue a Confirmation) and a FX Spread may apply. We reserve the right to make changes to our rate of exchange at any time without providing notice;
      • We reserve the right to increase the FX Spread when the markets are closed (weekends, bank holidays) to prevent loss stemming from currencies fluctuating and ensure payouts for Senders. In this situation, we will display the rate that we are offering on the Website homepage and the final rate on the checkout page of the Website before confirming the Transaction;
      • Some countries may impose minimum and maximum thresholds in relation to the amounts that can be sent through our Service, which we must comply with;
      • You will be liable to us for all losses which we suffer or incur in relation to any fraud or fraudulent activity by you or any breach of these Terms by you;
      • You must contact us as soon as possible if you believe or suspect that a Transaction was not executed properly or that the amount has not been received or was only partly received;
      • It is your responsibility to inform the Recipient of the information he/she will need to provide in order to collect the money you transfer through the Service (such as photographic identification, the exact amount of the send order and the Reference Number).
    6. You will not, and you will not permit any other person to:
      • Decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or otherwise attempt to construct or identify the source code, formulas or processes used by the Website or the Application;
      • Do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website or the Application for any period of time;
      • Post, distribute or send any ‘spamming’ material or any other form of bulk communication on or using the Website or the Application;
      • Impersonate any person or entity;
      • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction or data harvesting) on, or in relation to, the Website or the Application;
      • Otherwise use the Website or the Application for any purpose that may harm our reputation.
    7. If you become aware, or should reasonably be aware, of any request or demand made of you to engage in any conduct by which you or a third party gains unfair financial or other advantage, including but not limited to dishonest or corrupt conduct, or any conduct in breach of any anti-corruption law or anti-money laundering and counter-terrorism financing law applicable to the Website, the Application or the Service, you must promptly report it to us via email.
    8. If you have any indication or suspicion that your Reference Number, password, or other security details are lost, stolen, misappropriated, used without authorisation or otherwise compromised, you should change your password and contact us immediately. Any delay in notifying us may result in you being liable for any losses.
    9. If our investigations show that a Transaction reported by you as unauthorised or incorrectly executed was in fact authorised by you, or you have acted fraudulently or with negligence (for example, by failing to keep your security information secure), we may reverse any refund made and you may be liable for any and all loss we suffer from your use of the Service.
  11. Fees and payment methods
    1. The prices for the Service consist of FX Spread and the Fees.
    2. Our Fees vary from time to time, but changes in the Fees will not apply to any orders in respect for which we have already sent you the Confirmation.
    3. If you send money via a recipient form you can pay for the Transaction via bank transfer, debit/credit card and any alternative payment methods where available. If you send money via the Application, you can pay for the Transaction via credit card or debit card.
    4. If you pay by debit card it will be charged as soon as we accept your request for the transfer.
    5. In case of a SWIFT transfer, we are not liable for any additional fees that the banks (either on the sending or receiving side) may charge.
    6. When you pay by debit card and your order is refused by your bank or by the card issuer, your bank account will not be debited. However, it is possible that your bank or the card issuer might hold the amount you tried to send. If this happens you will need to contact your bank or card issuer to resolve the issue.
    7. Discounts on our Fees may be available through promotions that we or our partners may offer from time to time. Promotions are subject to terms and conditions and will be honoured in accordance with their published terms.
    8. You agree that once we receive funds in relation to a Transaction order the funds are our property. We do not hold any amount on your behalf, whether on trust or otherwise, and we do not hold any funds in a trust account. Our obligation to complete a Transaction order and remit payment to the Recipient on your behalf is a contractual obligation owing to you by Azimo. To the extent permitted by law, we have no other obligations to you in relation to Transaction order.
    9. We will not agree to any standing arrangement to make payments to a Recipient at a predetermined time or on a predetermined date.
    10. We are not liable for any entity that issues a credit card or debit card used by you, or by any Recipient, and do not warrant their performance. If you have any disputes with the issuer of a credit card, including merchants, you should settle these with the relevant third party.
    11. We are not responsible for the payment of late payment fees or any other charges applied by a Recipient or any other third party arising from your use of the Platform, regardless of why the fee was applied.
    12. We may use third-party merchant facilities to process transactions. We have no control over third-party providers we engage and are not responsible for any delay in processing a Transaction order that is caused by a third-party provider, including but not limited to our merchant facility or the issuer of your credit card, debit card or your bank account.
  12. Cancellations and refunds
    1. You acknowledge that any payment remitted by us in accordance with a Transaction order is done on your behalf. Once a Transaction order has been processed, you are responsible for recovering any amount that you wish to recover from a Recipient that has been remitted by us. Any Fees paid by you in relation to a recovered payment are not refundable under any circumstances.
    2. You have a right to cancel a Transaction before payment has been made to the Recipient. If you have sent money via a recipient form, you may exercise this right by:

      If you have sent money via the Application, you may exercise this right by:

    3. If you exercise your right to cancel the Transaction or if we cancel the Transaction, after you have already paid us the funds to be transferred:
      • we will refund money paid by you and intended for a Recipient only under the condition that it has not already been paid out to the Recipient in accordance with your original instructions prior to the cancellation request; and
      • we reserve the right to retain the Fees charged for the Service unless the Transaction is cancelled because it was processed by us in error;
      • if by the time you notify us of the cancellation of the transfer we have already sent the money to one of our partners in the country of destination, we may not be able to successfully cancel the order, given that the cancellation procedures with our partners differ in length and complexity, as well as often require communication across time zones.
    4. Refunds can take up to 7 working days to be processed. Processing time may depend on a bank or third-party service provider’s processes, which are beyond our control. We are not liable for any delay caused by the processing time of a third party.
    5. We reserve the right not to refund amounts smaller than AUD10.00 and to charge a refund fee of AUD10.00 if the refund is requested by the Sender and is not connected with any error on our part.
    6. If we do not transfer the money to the Recipient in accordance with an order within 30 days after your instructions and the funds have been received, provided that you correctly followed our procedures and complied with all our policies, you may ask for a refund of the money transferred to us and intended for the Recipient.
    7. If a Transaction order has not been completed for any reason other than you exercising your cancellation rights or Azimo cancelling the Transaction in accordance with this section, the Transaction Order will expire 1 month after the day on which it is submitted.
    8. If, in the case of cash collection, the funds have not been collected by the Recipient, or the Transaction requires a correction, we reserve the right to cancel your Transaction without prior notice to you and to refund the amount that was to be transferred. The refund will not include the Fees paid for the Service, which we will retain.
    9. If, for any reason, the Transaction has not been cancelled in accordance with clauses 12.6, 12.7 and 12.8 and Recipient does not collect the money within 13 months after the date it became available for collection, all rights of cancellation of the Transaction or refund of the money transferred or the Fees shall be deemed to be waived by you.
  13. No Guarantee
    1. We take reasonable steps to ensure we can provide the Service effectively, reliably and securely. However, we do not warrant, guarantee or represent that:
      • The Website, the Application or the Service, or any information or other material accessible through the Website or the Application, will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component;
      • Any Transaction order will be executed, accepted or recorded; or
      • There will be operational stability, availability or continuation of, the Website, the Application or the Service;
      • The Website, the Application or our computer systems are safe from hacking;
      • Your use of the Website, the Application and the provision of the Service will not infringe the rights of any third party.
    2. In addition, the Website, the Application and/or the Service may be suspended or discontinued in our sole discretion, and the Website and/or the Application may be inaccessible at times due to:
      • Down-time and/or maintenance of the Website and its functions;
      • Outages to the internet, networks or servers;
      • Equipment failure, including the failure of third-party systems; or
      • A Force Majeure Event.
    3. You acknowledge that we have not made any warranty that the Website, the Application and/or the Service will be error free. We are not required to notify you of any malfunction in the Website, the Application or the Service, or if a Service is limited, restricted or ceases.
  14. Promotions
    1. All promotions, bonuses or special offers run by Azimo are subject to promotion specific terms and conditions and any complimentary bonus credited to your account must be used in adherence with such terms and conditions.
    2. In certain cases, we may conclude promotions, bonuses or special offers before the end of the advertised period or may prolong the period of a promotion, bonus or special offer usually due to abuse, limited up-take of the offer or error.
    3. Azimo reserves the right to disqualify certain countries from promotional offers.
    4. In the event that Azimo reasonably suspects that a Sender or other user of our Service has abused, is abusing or attempting to abuse a bonus or other promotion, or is likely to benefit through abuse or lack of good faith from a policy adopted by Azimo, then Azimo may, at its sole discretion, deny, withhold or withdraw from a Sender or user any bonus or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that Sender or user's access to his/her account.
  15. Complaints
      We value your feedback as it helps us improve our Service. We have established internal procedures for complaints. You can make a complaint in writing to us regarding any aspect of the Service by by mail or e-mail to the following addresses:
    • Unit 1, 31 Holloway Street, ORMOND VIC 3204, Australia
    • complaints@azimo.com
    1. We will investigate your complaint and come back to you with a final response by the end of 15 business days after the day in which we received a complaint.
    2. For more information a Complaints Handling Policy may be provided to you upon your request.
  16. Intellectual property
    1. You acknowledge and agree that the IPRs are owned by us, Azimo UK, our affiliates or third party licensors. Other names and logos of third party products, services and companies displayed on the Website or the Application may be the trademarks of third parties. You shall not acquire any right, title or interest in any of our IPRs or of any IPRs owned by a third party, by reason of the Service or the Contract and all right, title and interest in and to the Website and the Application shall remain our property and/or the property of such other third parties.
    2. You may use the Website and the Application only for the purpose of the bona fide use of our Service as an individual consumer and only as permitted by the Terms or described on the Website or the Application. You are authorised solely to view and to retain a copy of the pages of the Website or the Application for your own personal use. The Website and the Application and the Service may not be used for the purpose of testing the Service or to obtain information about the Service or about us.
    3. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Website, the Application or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Website or the Application or to use the Service; and/or (b) remove or alter any copyright, trade mark or other proprietary notice or legend displayed on the Website (or printed pages of the Website).
  17. Referral and Promotions Terms
    1. Azimo Referral and Promotions Terms (‘the R&P Terms”) along with Azimo’s general Terms and Privacy Policy sets out the terms which govern Azimo’s referral programs (‘the Referral Program”) and promotions (“the Promotion Program”).
    2. All customers transacting with Azimo are subject to Azimo’s onboarding procedures which include agreeing to Azimo’s general terms of business.
    3. These Terms are to be read in conjunction with the R&P Terms (as in force at the time). If the the R&P Terms which govern a Referral Program or a Promotions Program are inconsistent with these Terms, these Terms apply to the extent of any inconsistency unless stated otherwise.
    4. By participating in, registering for or using our Referral and Promotions Programs you confirm that you accept the R&P Terms and that you agree to comply with them.
    5. If you do not wish to agree to and abide by the R&P Terms in their entirety, you must not participate in, register for or use our Referral and Promotion Programs.
  18. How to earn a Referral Credit
    1. A Sender that has an active and registered Azimo account can earn a Referral Credit of Specified Value towards a Qualifying Transaction if a referred friend clicks on a Referral Code and creates an Azimo account or enters the Referral Code upon registration on the Website or via the Application, and meets the requirements of a Qualifying Transaction.
    2. The Referral Credit is non-transferable, non-negotiable, non-refundable and cannot be exchanged for cash.
    3. A Qualifying Transaction must have a total sending Specified Value and in the case of the user receiving the referral, it must be their first transaction.
    4. Specified Value is the value of Referral Credit and Qualifying Transaction as described in each Referral Program. Learn about how the referral and promotions work here: Referrals and promotions.
    5. If the first transaction of the Sender is less than the amount of Qualifying Transaction, the Referral Code can be used in a subsequent transaction with the same or higher total sending value as the Qualifying Transaction
    6. Azimo reserves the right to impose an expiration date on the exercise of the Referral Code.
    7. Same-currency transfers don't count towards your referral program.
    8. The Referral Codes cannot be used in combination with any other Azimo promotion code.
    9. Each referred friend invited by the Sender shall only make transfers from a credit card, debit card, bank account or alternative payment method which is in their name.
    10. A limit may be placed on the total number of Referral Credits or over a given time period to which a Sender is entitled in respect of a Referral Program. The Sender will be notified of such limits or restrictions at the time they register for the Referral Program.
    11. A general limit of 3 Referral Credits is applied.
  19. Referral Program fair use
    1. You may only use the Referral Program in good faith for lawful purposes.
    2. You may not:
      • create more than one Azimo account in order to invite yourself;
      • invite others that have created duplicate Azimo accounts;
      • use alternative contact information to refer yourself or others that have created duplicate Azimo accounts;
      • invite an existing customer of Azimo;
      • invite fictitious persons;
      • do anything that damages Azimo’s brand, goodwill or reputation;
      • make payments to another user that are not genuine payments;
      • use the Referral Program in:
        • any way that breaches any applicable local, national or international law or regulation; or
        • any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
        • to transmit any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (this includes, mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute); or
        • to transmit any unsolicited or unauthorised advertising either via paid search or any other similar activity, including channels that can damage the Azimo brand, goodwill or reputation.
    3. Referrals should only be used for personal and non-commercial purposes and should only be shared with personal connections who would appreciate receiving these invitations.
    4. You represent and warrant to us that you have obtained the express consent from the individuals whose data you provide us with.
  20. Our rights in relation to Referral Credits
    1. Azimo has the right to refuse to pay you the Referral Credit if (in its sole and absolute discretion) Azimo suspects that you have not used the Referral Program in good faith or have breached these Terms or any other applicable the R&P Terms.
    2. Azimo will determine, in our sole and absolute discretion, whether there has been a breach of the the R&P Terms.
    3. When a breach of the R&P Terms has occurred, Azimo may take such action as we deem appropriate, including (but not limited to) termination of the R&P Terms, termination of these Terms, closing your account(s), closing third party account(s) and suspending the Referral Program.
    4. We may revise the R&P Terms at any time by amending this page.
    5. Continued use of the specific Referral Program and/or the Promotional Program shall amount to acceptance of the R&P Terms at that time.
    6. Azimo may require identification documents from you prior to paying the Referral Credit.
    7. Azimo shall not be in breach of the R&P Terms (nor have any obligation to pay you a Referral Credit) if you do not (in Azimo’s sole and absolute discretion) provide the identification documents requested by Azimo.
    8. Azimo accepts no liability for any use of the Referral Program which does not comply with the R&P Terms.
  21. Written communications
    1. Applicable laws and regulations require that some of the information we send to you or communications between you and us should be in writing. You agree to receive such written communications electronically. You also agree that electronic means of communication shall be effective for the purpose of the Contract between you and us. The foregoing does not affect your statutory rights.
  22. Notices and communications
    1. All notices given to us must be in the English Language and sent to AzimoPSP Pty Ltd at Unit 1, 31 Holloway Street, ORMOND VIC 3204 or to email address: hello@azimo.com.
    2. We may give notices to you in connection with any aspect of the Service or any order either through the e-mail address or the postal address that you provided to us or in any other way permitted pursuant the Terms.
    3. Notices to you will be deemed received and properly served immediately after an e-mail is sent to you at the address you provided, or where a notice is sent to your postal address, three business days after the date of posting in the case of domestic notices and 6 days in the case of international mail.
  23. Transfer of rights and obligations
    1. We shall be entitled, without your consent, to transfer our rights and obligations under these Terms and under any Contract to any of our affiliates or to any entity or person that acquires our business. Any such transfer of rights and obligation will have effect upon notice being given to you (including notices given through the Website or the Application).
    2. We are entitled to perform our obligations to you through subcontractors, agents and other third parties.
    3. You may only transfer your rights and obligations under the Contract if we have agreed to this in writing.
  24. Waiver
    1. If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any clause of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or these Terms by law, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
    2. A waiver by us of any default will not constitute a waiver of any subsequent default.
    3. No waiver by us of any term in the Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these Terms.
  25. Severability

    If any court or competent authority holds that any of the provisions of these Terms or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, that shall not affect the other terms of these Terms or the relevant Contract which will continue in full force and effect to the fullest extent permitted by law.

  26. Entire agreement
    1. These Terms and any document expressly referred to in them constitute the whole agreement between us and you and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us and you relating to the subject matter hereof.
    2. You acknowledge that, in entering into the Contract and accepting the Terms, you do not rely on, or will have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not expressly set out in the Terms or the documents referred to in them.
  27. Our right to vary these terms and conditions
    1. We reserve the right to revise, amend or replace these Terms from time to time. The changed Terms as of the effective date as referenced in clause 22.7 will apply to any newly placed Transaction orders as of such effective date.
    2. Changes to this Terms which are (1) more favourable to you; (2) is required by law; or (3) relates to the addition of a new service or extra functionality to the existing Service; or (4) any other change which neither reduces your rights nor increase your responsibilities, will come into effect immediately. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change. You may always determine to cease the use of our Service upon such change.
    3. Our Terms in force at the time that you order Service from us will have effect between you and us for the purpose of that order. We may notify you of a change to the Terms after you place an order but before we send you the Confirmation, in which case, unless you notify us within a reasonable period of time and in any event within seven days that you wish to cancel the order, the revised Terms will apply.
  28. Law and jurisdiction
    1. The Terms are governed by the laws of Victoria, Australia. You and we submit to the exclusive jurisdiction of the courts of Victoria for resolution of disputes arising in relation to the Terms.
    2. If any provision of the Terms becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, the remainder of the Terms will not be affected.
    3. We reserve any rights not expressly granted in the Terms.