1) About these Terms

• These Terms form a contract between you and Swaparoo Pty Ltd (ABN 72 676 102 613; ACN 676 102 613) for use of our platform and services.

• Related documents (incorporated by reference): Privacy Policy, Pricing & Fees, Acceptable Use Policy, AML/CTF Program Summary, Complaints Policy, corridor-specific disclosures, and any feature-specific terms.

• If there’s any inconsistency, these Terms prevail, followed by corridor/feature terms, then the Website/App content.

• We may update these Terms; we’ll post the new version with the effective date. Continued use constitutes acceptance.

2) Who we are & how to contact us

• Swaparoo Pty Ltd (ABN 72 676 102 613; ACN 676 102 613), registered in Australia.

• Principal address: 45 Kenyon St, Eagle Farm QLD 4009, Australia.

• Regulatory status: Registered with AUSTRAC as a digital currency exchange (DCE) / remittance provider (designated services). We are not a bank and do not hold an AFSL unless otherwise stated. Client funds are not protected by a deposit guarantee scheme.

• Contact: support@swaparoo.app

3) Services we provide

• Digital currency exchange: buy/sell supported cryptocurrencies; crypto-to-crypto where available.

• International money transfers/remittance: send to supported countries/currencies; receive money from overseas where available.

• Account features: hold balances (fiat/crypto) where supported; review history; download statements.

• Availability varies by country, verification level, corridor, and risk rules. We may add/remove services at any time.

4) Eligibility & where we operate

• You must be 18+ and use the Services for personal use only. One account per person.

• Residency: You do not need to be an Australian resident. You may open/use an account if (a) you pass KYC/CDD checks and (b) we are legally permitted to serve you in your location and for your intended corridor.

• We may restrict specific countries, corridors, recipients, or transaction types due to sanctions, licensing, or risk limits. A current list of prohibited or restricted locations and corridors is maintained in our Help Centre.

5) Getting started — KYC, CDD & tax

• Provide accurate information: legal name, DOB, residential address, contact details, identity documents, and any additional KYC/SOF/SOW evidence.

• We run ID verification, sanctions/PEP screening, adverse-media checks, and ongoing monitoring; we may request updates at any time.

• We may collect tax information (e.g., CRS/FATCA self-certifications) and share required data with authorities.

• If we cannot verify you or your transaction, we may refuse, pause, or close the account.

6) Your account & security

• Keep credentials confidential; enable 2FA; secure your email/device; never allow remote control access to your device.

• Tell us immediately if you suspect compromise. Delays may increase your liability.

• You are responsible for activity on your account (except where the law says otherwise).

7) Acceptable use

• Personal, lawful use only; no third-party/agency use; no business/commercial use (unless you open a Business account under separate terms).

• Prohibited: illegal activity, fraud, evasion, scams, sanctions breaches, structuring, speculative FX/arbitrage, system abuse, IP infringement.

• We may set transaction, velocity and balance limits per user, corridor, rail, or asset.

8) Fees, FX & timing

• Transparent pricing: fees and indicative FX appear before you confirm. Corridor-specific fees may apply; third-party charges (bank/correspondent/blockchain) may be passed through.

• FX rates: indicative until funds are received/secured; we may offer a guaranteed window for certain rails and will show its expiry. If funding arrives after expiry or market moves beyond a tolerance, we may requote or cancel.

• Timing: we’ll provide estimates; actual delivery depends on banks, payment networks, compliance checks, and blockchain conditions.

9) Paying in & paying out

• Funding methods: shown in-app (e.g., bank transfer, card, wallet). Method availability varies by country/rail.

• Rejections & returns: if a pay-in fails or is reversed, we may deduct the amount and associated costs; this can create a negative balance you must immediately repay.

• Recipient details: you must provide correct recipient data/wallet addresses; blockchain transfers are irreversible. We are not liable for losses from incorrect details.

10) Reversals, chargebacks & negative balances

• Card or bank payments can be reversed/charged back by your provider. If funds do not actually arrive (or are clawed back for fraud/insufficient funds), we may reverse the transaction and recover losses/fees.

• If your balance goes negative, you must immediately restore it; we may offset from future funds or pursue collection.

11) Sanctions, fraud & monitoring

• We monitor for unusual or suspicious activity and may request information, delay, decline, or report transactions without notice where required (e.g., Suspicious Matter Reports, International Funds Transfer Instructions). “Tipping off” prohibitions apply.

• We may block/restrict accounts to comply with laws or manage risk.

12) Account suspension/closure

• We can suspend or limit your account for security, compliance, legal, or risk reasons (we’ll notify you where lawful).

• You may close your account anytime after settling pending items; you can request withdrawal of any remaining fiat for up to 7 years after closure (subject to checks).

13) Risk warnings (very important)

• Crypto risk: price volatility; network fees; chain reorganisations; contract/wallet risks; potential loss of private keys by you or your custodian; transfers are final.

• FX risk: exchange rates fluctuate; you may receive less than expected if rates move or third-party fees apply.

• Third-party rails: banks, correspondent networks, payment schemes, and blockchains are outside our control.

14) Liability

• We do not exclude liability for fraud, wilful misconduct, or death/personal injury caused by our negligence, to the extent such exclusion is unlawful.

• Otherwise, we are not liable for: loss of profits; indirect or consequential loss; market losses from FX/crypto volatility; delays/failures caused by third parties or force-majeure events (e.g., outages, sanctions actions).

15) Intellectual property

• Swaparoo names, logos, software and content are protected. You receive a limited, revocable licence to use the App/Website for the Services. No reverse-engineering or unauthorised use.

16) Privacy & data

• See our Privacy Policy for collection, use, storage, cross-border transfer, and retention. We may share data with AUSTRAC and other authorities as required by law.

17) Complaints & disputes

• Internal resolution: lodge a complaint via support; we will acknowledge within [x] days and aim to resolve within [y] days.

• External escalation: you may have rights to escalate to consumer protection bodies or applicable dispute schemes in your jurisdiction, where relevant under local law.

• Governing law: New South Wales, Australia; courts of NSW (subject to any mandatory consumer protections in your home jurisdiction).

18) General

• No assignments without consent; we may novate to an affiliate.

• If any clause is invalid, the remainder remains effective.

• Notices via the App, email, or Website updates constitute notice.

• Language is English; translations are for convenience only.

19) Country & corridor-specific terms (summary sign-posts)

• Prohibited/restricted locations (updated list available in our Help Centre).

• Corridor limits & rails (e.g., SEPA/SWIFT/Faster Payments/local ACH; payout partners; daily/monthly caps).

• Special disclosures (e.g., Brazil, EU, UK, US) as required by local rules.

20) Acknowledgement & Acceptance

• By creating an account, clicking “I agree”, or using the Services, you confirm that you have read, understood, and agree to these Terms and the documents incorporated by reference.

• If you do not agree, you must not use the Services and should close your account after settling any pending items.

21) Entire Agreement & Survival

• These Terms, together with documents incorporated by reference, constitute the entire agreement between you and Swaparoo for the Services and supersede any prior understanding or representations on the same subject.

• Sections relating to fees owed, reversals/chargebacks, acceptable use, privacy, intellectual property, limitation of liability, governing law, and dispute resolution survive termination or closure.

22) Electronic Communications & Signatures

• You consent to receive communications electronically (including via the App, email, or website).

• Electronic acceptance, signatures, and records are valid and enforceable to the fullest extent permitted by law.

24) Business Accounts — Additional Terms

This section applies when the account holder is a business entity (e.g., company, trust, partnership, sole trader using an ABN). It supplements the Personal Terms above. If there is any conflict, this Section 24 prevails for Business accounts.

24.1 Account Holder, Authority & Authorised Users

• The Business is the account holder and must ensure the person opening the account has authority to bind the Business to these Terms.

• The Business may appoint one or more **Authorised Users** to operate the account. The Business is responsible for all actions of Authorised Users and must keep their details current.

• We may (but are not obliged to) require evidence of authority (e.g., board resolution). We do not independently verify the ongoing authority of Authorised Users.

24.2 KYB Verification & Documentation

• We will perform KYB checks on the Business and KYC on directors, controllers, and Ultimate Beneficial Owners (UBOs, 25%+ ownership) or senior managing officials where applicable.

• You must provide: legal name, ACN/ABN, registered and principal place of business address, ASIC records (e.g., company extract), certificate of incorporation, and structure documents (e.g., constitution).

• For trusts: trustee details and trust deed. For partnerships: details of all partners and partnership agreement. We may request financial statements, tax returns, trading history, and proof of business address.

• We may request further information at any time and may suspend services until satisfied.

24.3 Liability & Responsibility

• The Business remains liable for all use of the account, including actions by Authorised Users and any losses arising from failure to manage access and security.

• The person accepting these Terms warrants they have authority to bind the Business.

24.4 Transaction Limits

• Limits may be set having regard to Business risk profile, verification status, domicile, industry, and corridor. Higher limits may be available following enhanced due diligence.

24.5 Tax, ABN & GST

• The Business is responsible for its own tax reporting and compliance (including GST, withholding taxes, and cross‑border obligations).

• An ABN may be required for certain services. We may request tax information and certifications.

24.6 Source of Funds & Wealth

• We may require evidence of capital contributions, trading revenues, and other funding sources (including director/shareholder returns).

24.7 Permitted Business Use

• Use is limited to lawful business purposes (e.g., supplier/vendor payments, commercial remittances, trading activities permitted by law).

• The account must not be used for personal transactions of directors, employees, or Authorised Users.

24.8 Account Changes & Closure

• Closure or material changes must be made by a duly authorised person. We may request supporting evidence (e.g., board resolution, deed of retirement of trustee).

• Remaining funds are returned only to an account in the Business’s name, subject to checks.

24.9 Ongoing KYB Obligations

• You must notify us promptly of any change to directors, UBOs (25%+), ownership or control, business activities, registered/principal addresses, or primary contact.

• We may conduct periodic reviews (e.g., annually) and more frequent reviews for higher‑risk businesses.

24.10 Enhanced Due Diligence

• EDD may apply where any director/UBO is a PEP, the industry is high‑risk, the structure is complex/foreign‑owned, or other risk factors are present.

24.11 Regulatory Reporting

• We may include Business, director, and UBO details in required regulatory reports (e.g., IFTI‑E, SMRs) and share information with competent authorities.

• You acknowledge our obligations not to ‘tip off’ in certain circumstances.

24.12 Dispute Resolution for Businesses

• Complaints must be lodged by an authorised representative. Any legal proceedings are to be brought by the Business entity (not individuals), subject to governing law and jurisdiction set out in these Terms.

24.13 Relationship Contacts & Authorised User Register

• The Business must maintain an up‑to‑date register of Authorised Users and designate a primary contact responsible for user management and communications.

• We will direct notices to the primary contact unless you instruct otherwise.

24.14 Business Risk Assessment

• We may assess risk with reference to sector/industry, ownership/control, geographic exposure, business model, and customer base. We may adjust limits, monitoring, or service availability accordingly.

For all Business account matters, contact: support@swaparoo.app.

25) Version & Contact

•  Version: v  1.0

•  Questions about these Terms or the Services? Contact us at: support@swaparoo.app

Thank you for choosing Swaparoo. We’re committed to secure, transparent, and compliant cross‑border transfers.