Date prepared 1st March 2024
1. This PDS and Terms & Conditions are prepared on behalf of OmiPay Pty Ltd ACN 612 481 768 (AFSL 495025) (“Issuer”) and distributed and administered by Tiiik Pty Ltd trading as Stables (“Stables”) ACN 639 448 490 (AFS Representative No. 001308192).
2. The PDS contains important information about the use of our Send product to:
2.1 send Stablecoins to, or receive Stablecoins, from another Stables Account;
2.2 send Stablecoins to, or receive Stablecoins, from a third party Digital Wallet; and
2.3 send or receive fiat, via Stablecoins transfer, from a bank account or other account.
together, the Send product.
3. The Send product is a non-cash payment (or NCP) facility. The PDS will help you make an informed choice about whether or not to use the Send product. You should also read the Target Market Determination.
4. The Send Terms & Conditions contain the terms on which you agree to use Send. The Stables Global General Terms of Use also apply to your use of the Send product.
5. It is important that you read this document carefully. It includes:
- Section A – PDS. You should read this section to find out whether the product is right for you.
- Section B – Send Terms & Conditions, setting out terms and conditions that apply if you use the Send product.
- Section C – Definitions, setting out the meaning of capitalised terms used throughout Sections A and B unless otherwise defined.
6. In this PDS and the Send Terms & Conditions, any reference to “we” or “us” is a reference to the Issuer and/or Stables, as the operator of the Platform and your Account and the distributor and administrator of the Send product; “you” are the user of the Send product.
7. The Send product is a NCP facility and is issued by the Issuer. The Issuer is an Australian company with an AFSL authorised to, among other things, provide general financial product advice for and issuing NCP products to wholesale and retail clients.
8. The Issuer has appointed Stables as an authorised representative to provide general financial product advice and deal in NCP facilities on its behalf to retail and wholesale clients. The NCP facilities are managed, operated and administered by Stables on behalf of the Issuer. Stables also maintains and operates the Stables Accounts, Platform and digital currency exchange.
9. Please note that this PDS contains important information about the use of the Send product and has been prepared on behalf of the Issuer. This PDS does not take into consideration your objectives, financial situation or needs. Before using the Send product, you should consider whether it is appropriate for you, having regard to your own objectives, financial situation and needs. It is important that you read and understand this PDS before deciding to use this product. The Target Market Determination for this product can be located on the Stables website. Our Financial Services Guide is also located on our website.
10. In addition, your registration or use of a Stables Account or related functions are governed by the Stables Global General Terms of Use as updated from time to time; and your use of the Card facility is governed by the Product Disclosure Statement and Card Terms & Conditions as updated from time to time.
11. You should read the Stables Global General Terms of Use in conjunction with our FSG, this PDS, the Target Market Determination and the Send Terms & Conditions before using the Send product. You should not use or discontinue using your Stables Account and the Send product if you do not agree with all such terms as updated from time to time.
12. Information in this PDS that is not materially adverse information is subject to change from time to time. You may access this updated information online. We will notify you where we update the PDS and the Send Terms & Conditions.
13. The Send product is issued by the Issuer. You can use Send to:
13.1 send Stablecoins to or receive Stablecoins from another Stables Account;
13.2 send Stablecoins to or receive Stablecoins from a third party Digital Wallet; and
13.3 send or receive fiat, via Stablecoins transfer, from a bank account or other account.
14. Before you use Send, you must register for and open a Stables Account. This includes but is not limited to accepting the Stables Global General Terms of Use and Stables Privacy Policy and Consent Notice and completing the Know Your Customer (or other customer due diligence) process administered by Stables.
15. Your Account must be valid and have sufficient balance of Stablecoins to cover the amount of Stablecoins that you want to transfer using Send. Where you deposit or withdraw fiat currency or Stablecoins from your Account, the Stables Global General Terms of Use will apply.
16. To use Send to transfer Stablecoins from your Account to another Account, or from your Account to a third party Digital Wallet, you need to log into your Account using the Stables Platform, request “Send” and follow the steps as prompted on screen.
17. We may charge you a fee for each successful use of Send. We have set out our standard fees in the Fees Table below, and we will let you know the expected fee amount when you submit your Send request.
18. Your Account may be subject to transfer limits and there may be restrictions on whom you can transfer money to, or receive money from using Send. We will advise you of any transfer limits in the App or on our website. If your Send request exceeds the current transfer limit, we may decline your request and require you to provide additional documents to us so that we could carry out additional checks before allowing you to use Send.
19. When entering your Send request, you must ensure that the information you provide is correct and complete. Once we receive and process your request to transfer Stablecoins from your Account to another Account, we may not be able to suspend, cancel or reverse the transfer. You also acknowledge that transactions on a blockchain are irreversible and immutable, and it is entirely out of our control to suspend, cancel or reverse any transfers on a blockchain, including any transfers to third party Digital Wallets. We will not be liable if you provide us with incorrect information which leads to us transferring Stablecoins from your Account to an incorrect Account, or incorrect third party Digital Wallet or incorrect fiat bank account or other account.
20. It is important that you safeguard your Account details and any passwords, equipment or software required for operation of the Account, for example, your mobile device. If you do not, then you may be liable for unauthorised transactions and other amounts as explained further in the Terms & Conditions.
21. Your use of blockchain technology and digital assets, including Stablecoins, involves risk of hacks, security breach, viruses, malicious computer code or other forms of interference which may result in loss of digital assets, data and/or damage your own computer systems or device. You should also remain vigilant of the risk of fraud and scams when it comes to interacting with financial services, payment and blockchain based systems.
22. In certain circumstances, the Issuer’s liability in respect of unauthorised or mistaken transactions is limited, meaning that you may be liable for the transaction and may not be able to get your funds back. In some circumstances the Issuer may not be liable for losses caused by equipment or system failure (including consequential losses), meaning that you may still be liable for the transaction and consequential losses.
23. As an issuer of NCP products, the Issuer must comply with the financial requirements imposed under our AFSL as set out in ASIC Regulatory Guide 166 and other regulatory financial obligations. The goal of these requirements is to ensure that we meet the minimum level of financial resources required by law to conduct business and meet any liabilities as and when they may arise.
24. Counterparty risk is the risk that another party may default on their contractual obligations. In the event of a default due to bankruptcy, fraud, or liquidation of a company you may recover less than the amounts owing to you. When you use Send, you have a counterparty risk with the Issuer and you rely on our financial ability to fulfill our obligations to you. There is a risk that we may become unable to meet our obligations to you at the time they fall due.
25. The ability to use Send is also dependent on the Stablecoins in your Stables Account being transferred. Accordingly, if Stables becomes insolvent or if there is otherwise a delay in the transfer of the amount, there is a risk you may not be able to use, send and/or receive Stablecoins using Send.
26. Your Stables Account is not a bank account and the balance amount in your Stables Account available for Send is not held on deposit. You do not have any depositor protection under the Financial Claims Scheme or any government guarantee, which means you may lose all or part of your remaining balance of your Stables Account in the event of an insolvency of Stables.
27. The Send feature currently supports the USDC Stablecoin only. USDC is issued by Circle. Circle represents USDC is backed and redeemable 1:1 for US dollars The Issuer and Stables do not issue or redeem USDC and do not hold fiat currency reserves. Accordingly, dealing or holding Stablecoins like USDC involves counterparty risk in the issuer of the Stablecoin.
28. The value of Stablecoins (like other digital currencies) can fluctuate relative to fiat currencies and there is a material risk of economic loss when buying, selling, holding or investing in Stablecoins. For example, a Stablecoin may not trade, or be redeemable for fiat currency from its issuer or wholly backed by liquid reserves held by the stablecoin issuer. The value of Stablecoins may also depend on the solvency or credibility of the issuer of a Stablecoin.
29. While the value of Stablecoins should not directly affect your ability to use Send, you should be aware of the risks that your Stablecoins’ value may fluctuate relative to fiat currency between the time you submit a Send request and the time your recipient receives the Stablecoins, which is outside of our control. The Issuers and Stables shall have no liability for fluctuations in the value of Stablecoins held in your Account or in which you transact relative to fiat currency.
30. When you use Send and submit a valid request to transfer Stablecoins, we endeavor to execute the transfer in a reasonable period of time, usually within minutes. However, the speed of our service is dependent on the speed and reliability of the underlying technologies, including blockchain and telecommunication networks.
31. In some circumstances, there is a risk the Send product may not be available for an extended period of time. The Issuer is dependent upon the reliability and operational processes of technology and communications providers, with respect to computer and telecommunications network. It is also dependent on public blockchain networks which are not operated or controlled by the Issuer, Stables or their related parties. As a result, process and service disruptions or delays may occur periodically due to technological constraints, including blockchain congestion.
32. The operation of blockchain networks are also subject to a range of factors, for example, blockchain networks may go offline as a result of bugs, forks, or other unforeseeable reasons.
33. Operational risk is the risk of delay or loss resulting from inadequate or failed technological systems, internal processes or external events. We make our best efforts to avoid any problems caused due to technical or administrative reasons, but such problems may still occur. We are making our best efforts to make Send available at any time and accessible from different locations. However we cannot totally exclude the possibility that the access to Send will not be interrupted or restricted.
34. For example, there are risks related to processing your transactions/instructions and communicating through the internet. They could also include software errors and bugs, problems with internet access and data transfers, interrupted service, security breaches and other faults. As mentioned above, given the nascent nature of blockchain technologies, there are also enhanced risks related to bugs, forks, blockchain congestions, downtime, failures, attacks or other unforeseeable reasons.
35. Using the Send product involves inherent risks associated with cryptographic systems. You should only use the product if you have an understanding of the usage, risks, and potential bugs based on novel technology (where applicable), and intricacies of cryptographic tokens, smart contract based tokens such as those that follow the Ethereum Token Standard, including but not limited to ERC-20 tokens and Stablecoins, as well as any other blockchain-based or digital currency related system that you may encounter by or through your use of Send.
36. Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to smart contracts and digital currencies which could result in the theft or loss of your cryptographic tokens or property, among other potential consequences.
37. We will charge you fees and charges in accordance with the Fees Table below based on the different scenarios in which you use Send:
38. Whenever you use Send to transfer Stablecoins to a third party Digital Wallet, your transaction will involve a transaction on a blockchain and gas fees in connection with processing transactions on the blockchain network. This fee may vary based on a number of factors (e.g. how many transactions the blockchain is processing during the same time period) and entirely outside the control of the Issuer, Stables or any related party. We will let you know the expected amount of gas fee and our fee when you submit your Send request. By authorising a transaction using Send, you accept our fee and the gas fee relating to your transaction which may vary from the gas fee quoted to you before authorising your transaction.
39.We may adjust the above fees and charges at our discretion and will inform you of any updated fees and charges via the Website and App. The fee will also be shown to you before authorising a transaction.
40. All fees or charges will be directly deducted from your Account as soon as they are incurred in accordance with the Send Terms & Conditions.
41. The regulation and laws in respect of digital currencies and in respect of any tax actions in relation to your use of the Send product may change or be interpreted differently over time which may result in adverse tax or other consequences for you. The Australian Tax Office has issued guidance on a range of matters relating to digital currencies and we recommend that you obtain tax advice in relation to your tax obligations arising from your use of the Services. Neither the Issuer nor Stables are liable for any taxes, duty or other charges payable by you or a third party through your use of the Send product. You are responsible for payment of all taxes (including GST) and other charges for which you become liable in relation to your use of Send.
42. The Global General Terms of Use and Send Terms & Conditions impose limits on the liability of the Issuer and Stables which may limit your ability to recover loss or damage in relation to the services. We must comply with our obligations as a financial services licensee to act efficiently, honestly and fairly and minimum requirements under consumer protection laws, among others.
43. You are aware that due to the technological features of a blockchain, your transactions using Send may be stored on a blockchain and therefore may become public and viewable by anyone.
44. If you have a complaint about Send, please contact our authorised representative Stables by calling 1300 160 858 or sending an email to team@stables.money.
45. We will acknowledge your complaint promptly, either verbally or in writing, and do our best to resolve it straight away. If we can’t resolve your complaint within 5 business days, we will provide you with a written response providing the final outcome within no later than 30 days. We aim to resolve all complaints within 21 days. However, in some cases it may take up to 30 days. Your complaint may take a little longer to assess if we need more information or if your complaint is complex. In all cases, we’ll keep you updated on the progress. You can ask for information about how we manage complaints.
46. If you are not satisfied with our response, you may lodge a complaint with the Australian Financial Complaints Authority (AFCA). AFCA provides free and independent financial services complaint resolution and can be contacted on website: www.afca.org.au Email: info@afca.org.au Phone: 1800 931 678 (free call) Mail: GPO Box 3, Melbourne VIC 3001. Time limits may apply to complaints to AFCA so you should act promptly or otherwise consult the AFCA website to find out if or when the time limit relevant to your circumstances expires.
47. To contact the Issuer OmiPay Pty Ltd about your complaint:
Phone: 1300 016 666 between 8:30am to 5pm Sydney time
Website: www.omipay.net/
Email: info@omipay.com.au
Mail: Suite 3603, Level 36, 201 Elizabeth St, Sydney, NSW 2000
By registering for a Stables Account and accessing and/or continuing to use the Platform and the Send Product, you agree to abide by the Stables Global General Terms of Use and these Terms & Conditions as updated from time to time. Each of you, OmiPay Pty Ltd ACN 612 481 768 (AFSL 495025) (“Issuer”) and Tiiik Pty Ltd trading as Stables (“Stables”) ACN 639 448 490 (AFS Representative No. 001308192 which operates and manages your Stables Account, the Platform and the Send Product are parties to these Send Terms & Conditions (the “Parties” and each a “Party”). If you do not agree with any of these terms, or the terms of the Stables Privacy Policy you should immediately cease using the Platform and Send.
It is important that you fully understand the risks involved before making a decision to use our Platform and Send. You should read these Send Terms & Conditions, the Stables Global General Terms of Use, the Product Disclosure Statement, Target Market Determination and Financial Services Guide before using the Platform or Send.
Last updated 1st March 2024
1.1 These Terms & Conditions govern the use of Send.
1.2 When you access and use the Send product, you are entering into an agreement with the Issuer and Stables based on the PDS and these Terms & Conditions.
1.3 All amounts specified in these Terms & Conditions are in Australian dollars (unless otherwise specified).
1.4 References to days, times or periods of time in these Terms & Conditions are reckoned according to Australian Eastern Standard Time.
1.5 You agree to these Terms & Conditions by accessing or using the Stables Platform, or by using Send to transfer Stablecoins.
1.6 Where there is inconsistency between the Stables Global General Terms of Use and these Terms & Conditions, these Terms & Conditions will prevail.
2.1 We will process and execute transactions in accordance with your instructions and authorisation via the Stables App. You are responsible for and we are entitled to rely upon all instructions entered using Send via your Stables Account. If you become aware of any unauthorised access to or transactions involving your Stables Account, you should immediately contact Stables using the details in the Send PDS.
2.2 Once we receive and process your request to transfer Stablecoins from your Account to a Stables Account or a third party Digital Wallet, we may not be able to suspend, cancel or reverse the transfer. You also acknowledge that transactions on a blockchain are irreversible and immutable, and it is entirely out of our control to suspend, cancel or reverse any transfers on a blockchain. Accordingly, you should verify the details of any Stables Account or third party Digital World to whom you wish to transfer Stablecoins using Send before authorising a transaction.
2.3 The use of Send is limited to the available amount in your Stables Account, any transfer limits which we may apply from time to time, and any other limits referred to in these Terms & Conditions.
2.4 We may ask you to provide additional information in relation to your identity and/or source of funds at any time.
2.5 We reserve the right to refuse, delay, block, suspend or freeze a transaction using Send where we consider it necessary to do so to comply with legal or regulatory requirements, in our sole discretion, including but not limited to where we are unable to satisfy ourselves as to your identity, where your profile is inconsistent with our customer profile for Send or otherwise having regard to our obligations under applicable anti-money laundering and counter-terrorism financing laws. If this is the case, Stables may also block your Account until it re-verifies your identity and deems it appropriate to unblock your access. Neither the Issuer or Stables are responsible for any losses that arise to you where we exercise our rights under this clause. Where we can, subject to our legal obligations, we will let you know why we have stopped the transaction or froze the Stables Account. However, in some cases our legal obligations will stop us from being able to tell you and failing to inform you of the reasons is not a breach by us of these Terms & Conditions.
2.6 You must provide all information to us which we reasonably require in order to manage anti-money laundering, counter-terrorism financing, economic and trade sanctions risks or to comply with any laws or regulations in Australia or any other country.
2.7 Where required by relevant law, for example, if you are a designated person under applicable sanctions laws and regulations or incorporated, resident or located in a comprehensively sanctioned country, you acknowledge that we may immediately refuse to process or complete any transaction or suspend or terminate our arrangements with you, including your Stables Account, and agree that under these circumstances both Stables and the Issuer have no liability to you.
2.8 You must not use Send for any unlawful activity. You must comply with all laws and regulations in respect of Send in the country of use.
2.9 We do not provide and you will not receive paper statements showing transaction history of your Account. Electronic statements showing the Account’s transactions using Send and balance are available through the Stables App.
2.10 You agree that we may delay, block or refuse to process any transaction without incurring any liability if we suspect that the transaction may breach any laws or regulations in Australia or in any other country or may directly or indirectly involve the proceeds of, or be applied for the purposes of, any unlawful conduct.
2.11 Subject to clause 2.2, and provided that you have complied with all reasonable requests for information, we will correct the error if it is our or any of our service providers’ fault. If we decide it is not our fault, we will notify you in writing or by email as soon as this decision is made. We endeavour to make a decision with a reasonable period, although there may be a delay while investigations are completed.
2.12 If the Issuer discovers an error in the amount of Stablecoins that have been transferred to your Stables Account for any reason, we are authorised to correct this error without further notice, including but not limited to deducting any amount of Stablecoins from your Stables Account that is received in error.
3.1 You agree to authorise us to charge your Account for the fees set out in the Fees Table in the PDS. These fees may be deducted from your Account as soon as they are incurred. If there are insufficient funds, we may not authorise the transaction.
3.2 From time to time, we may also make changes to the fees set out in the Fees Table, which includes introducing new fees and/or charges. If we increase any fee, we will give you seven (7) days’ notice in advance of any change being made. If you do not wish to accept the changes, you are free to close your Account or discontinue your use of Send. If we do not hear from you, we will assume that you have accepted the change and your continued access to or use of the Platform and Send will be deemed acceptance of the updated fees and charges.
3.3 If any amount payable under this PDS represents consideration for a taxable supply, then those amounts shall be taken to be exclusive of GST.
4.1 You should prevent unauthorised use of Send with your Stables Account.
4.2 You will remain responsible for, including but not limited to:
(a) maintaining security and control over the email mailbox, phone number and phone associated with your Account, this includes ensuring you lock your phone, have a password or biometric authentication over access controls to your phone,
(b) maintaining adequate security and control over your Account sign-in details, including but not limited to any passwords (Account passwords, or passwords which grant access to your phone) any other codes associated with your Account; and
(c) keeping your contact details up to date so that you can receive alerts we may send to you. Failure to do so may result in adverse results like unauthorised access to your Stables Account and potential theft or money laundering using Send or otherwise.
4.3 We shall have no liability to you for or in connection with any unauthorised access to your Account, where such unauthorised access was due to no fault of us, and/or any failure by you to act upon any notice or alert that we send to you. The security of your Account may be compromised, or interruption caused to it, by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment. We strongly recommend being vigilant of potential scams and frauds when it comes to investing or payment platforms.
4.4 You are responsible for checking your transaction history online and knowing your available balance. You can check your balance and transaction history free of charge on the Stables Platform.
5.1 We will not be liable to you for any loss due to:
(a) any instructions given by you not being sufficiently clear;
(b) any failure by you to provide correct information;
(c) any failure involving underlying technologies, including blockchain and telecommunications networks;
(d) any third party or linked website, content, products and services (including interference with or damage to your computer or mobile devices arising in connection with any such use);
(e) transactions not being able to be processed, including due to market or counterparty failure or blockchain congestion or attacks;
(f) viruses, malicious codes or other forms of interference affecting the Platform;
(g) any delay or failure to perform our obligations under these Terms & Conditions if such delay is due to any circumstances beyond our reasonable control (including but not limited to epidemics, pandemics, blockchain congestion or attacks, Government sanctions or orders, whether known or unknown at the time the parties enter into these Terms & Conditions) (Force Majeure Event);
(h) any actions taken by us necessary to comply with our legal and regulatory obligations, in our sole discretion;
(i) any infringement by you of any laws, including laws in the country where Send is used;
(j) any fluctuations in the value of Stablecoins relative to fiat currency or counterparty risk relating to the Stablecoin issuer;
(k) any dispute between you and the recipient of Stablecoins using Send;
(l) any action taken by any government, court or regulatory body which impacts the interpretation of laws and regulations relating to digital currencies and which may result in adverse tax or other consequences for you in connection with Send;
(m) special or Consequential Loss; or
(n) anything specifically excluded or limited elsewhere in these Terms & Conditions.
5.2 You should not interpret anything in these Terms & Conditions as excluding, restricting or modifying any guarantee, condition or warranty which is implied by the Australian Consumer Law.
6.1 You agree that we may give written notices or other communications to you under or in connection with these Terms & Conditions either:
(a) by writing to you at your residential or postal address last known to us;
(b) by giving it to you personally or leaving it at your residential or postal address last known to us;
(c) by electronic communication to your email address last known to us or which you last gave us for sending notices and communications to you; or
(d) if the notice or communication is not personal to you – by publishing a notice in a newspaper circulating nationally in Australia or by posting on the Website and/or App.
6.2 If we give a notice or other communication to you by email, the content of the notice or communication may be:
(a) set out in the body of the email;
(b) included as an electronic document attached to the email; or
(c) made available on Stables Platform for retrieval by you (with the email advising you of this and of the general nature of the information, and giving you the ability to readily retrieve the information electronically).
7.1 These Terms & Conditions are for the benefit of the Parties and their successors and assigns. The Parties and their successors and assigns are bound by these Terms & Conditions. Subject to applicable law, and upon notice to you, the Issuer or Stables may transfer its rights and obligations under its agreement with you to any other person or business without your further consent, subject to your right to cease using the Platform or Send. If this happens, the person or business to which this agreement is transferred assumes all of the relevant parties’ rights and obligations under the agreement. With respect to the Issuer, from then on, any references in these Terms & Conditions to the Issuer are to be read as references to the person or business to which the agreement was transferred.
7.2 Except in those circumstances and as specified in this agreement, nothing in these Terms & Conditions will confer on any third party any benefit or the right to enforce any terms of the agreement between you and the Issuer.
7.3 The Issuer authorises Stables to communicate with you, and to exercise all rights and discharge all obligations (where appropriate) under these Terms & Conditions on its behalf.
8.1 These Terms & Conditions and the agreement between you and the Issuer shall be governed by and construed in accordance with the laws of New South Wales, Australia.
8.2 You and we agree to submit all disputes, claims or controversies (including non-contractual disputes, claims or controversies) arising out of or in connection with these Terms & Conditions, or the formation, validity breach, termination, enforcement or interpretation thereof, to the exclusive jurisdiction of the courts of New South Wales, Australia.
Each Party is solely responsible for any taxation which arises as a result of using Send including but not limited to, capital gains tax, income tax, and GST and any other charges, and you shall have no claim for any loss against the Issuer or Stables in respect of any taxation amounts you are due to pay howsoever such amounts arise. We recommend you obtain tax and accounting advice in relation to tax obligations which may apply to you in relation to your use of Send.
10.1 We reserve the right to amend these Terms & Conditions from time to time by uploading the new Terms & Conditions to our Website and informing you of changes via the Website or the App. You will be asked to review and accept any changes to the new Terms & Conditions before continuing to use the App. If you continue to use the App or access the Platform after the notice of change is posted and becomes effective, you will continue to be legally bound by the amended Terms & Conditions.
10.2 Where we decide to make a material change to these Terms & Conditions, we will give you at least seven (7) days’ notice by email before the change to enable you sufficient time to decide whether you wish to continue to use the Platform and Send.
11.1 A provision of these Terms & Conditions or a right created under it may not be waived except in writing signed by the Party granting the waiver. A waiver is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches only). Failure or omission by any Party to enforce compliance with any provision of the Terms & Conditions will not affect the right of that Party to use any remedy available to it in respect of a breach of that provision.
11.2 A Party may exercise a right at its discretion and separately or together with another right. If a Party exercises a single right or only partially exercises a right, then that Party may still exercise that right or any other right later. If a Party fails to exercise a right or delays in exercising a right, then that Party may still exercise that right later.
11.3 The rights and remedies provided in these Terms & Conditions are cumulative with and not exclusive of the rights and remedies provided by law independently of these Terms & Conditions.
If any provision of these Terms & Conditions are void, voidable, unenforceable, illegal, prohibited or otherwise invalid in a jurisdiction, in that jurisdiction the provision must be read down to the extent it can be to save it but if it cannot be saved by reading it down, words must be severed from the provision to the extent they can be to save it but if that also fails to save it the whole provision must be severed. That will not invalidate the remaining provisions of these Terms & Condition nor affect the validity or enforceability of that provision in any other jurisdiction where it is not invalid.
Together with the Stables Global General Terms & Conditions, these Send Terms & Conditions constitute the entire agreement of the parties in respect of the subject matter of these Terms & Conditions and supersedes all prior discussions, representations, undertakings and agreements. None of our agents or representatives are authorised to make any representations, conditions or agreements not expressed by us in writing nor are we bound by any such statements.
Each Party must, at its own expense, do everything reasonably necessary to give effect to these Terms & Conditions and the transactions contemplated by it, including but not limited to the execution of documents.
Nothing in these Terms & Conditions constitutes the parties as partners or agents or fiduciaries or trustees of the other, and no Party has any authority to bind the other legally or equitably save as expressly stated in these Terms & Conditions.
AFSL means Australian Financial Services Licence.
ASIC means the Australian Securities and Investments Commission.
App means the mobile application provided by Stables to users via a digital distribution service such as the AppStore (for Apple devices) or Google Play (for Android devices).
Consequential Loss means any loss recoverable at law which is:
(a) as a result of a breach of these Terms & Conditions;
(1) the loss does not arise naturally (that is, according to the usual course of things) from the breach; or
(2) the loss was not reasonably in the contemplation of the parties at the time of making these Terms & Conditions, as the probable result of any breach of it; or
(b) a loss of opportunity, expectations, reputation or goodwill;
(c) a loss of revenue or profits, expected revenue or gains;
(d) a loss of use and/or loss or corruption of data;
(e) a loss of anticipated savings or business; or
(f) any costs or expenses incurred in connection with the foregoing;
Digital Wallet means a public address that is capable of receiving and holding digital currencies.
Force Majeure Event has the meaning specified in clause 5.1(d).
Issuer means OmiPay Pty Ltd ACN 612 481 768, AFSL 495025.
NCP means a non-cash payment facility.
PDS means the Send Product Disclosure Statement.
Stables means Tiiik Pty Ltd, ACN 639 448 490, AFS Representative No. 001308192.
Stables Account, or Account means an account with Stables, whose use is governed by the Stables Global General Terms of Use;
Stables Platform or Platform means the Stables Website, App, Digital Wallet and other applications.
Stablecoins means USDC or another type of stablecoin (being a digital currency that purports to maintain a stable value by reference to one or more fiat currency) that is supported by Stables from time to time.
Terms & Conditions mean the Send Terms & Conditions.
USDC means a cryptocurrency known by the style USDC, which is issued by Circle and which Circle represents is backed and redeemable 1:1 for USD.
USD or USD$ means the lawful currency of the United States of America.
Website means the Stables website at www.stables.money