1. Definitions

Whenever used in these Terms of Service, unless inconsistent with the subject matter or context, the following words shall have the following meanings:

1. Customer means the person or entity uses the service
2. Fees means the fees payable by the Customer to Kangaroo Service for the provision of the Services to the Customer, as set out on the Website, and as amended by Kangaroo Service from time to time in accordance with Section 13.
3. Funds means the funds transmitted by Kangaroo Service as part of the Services.
4. Kangaroo Service means Kangaroo Service Pty Ltd (ACN 108 996 654) of 4 Convent Court, Coburg North.
5. Law means the statutes, regulations and general law of the Commonwealth of Australia, and of Victoria, Australia, and includes the Corporations Act 2001, Corporations Regulations 2001, and the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 as varied from time to time.
6. Loss means and loss, damage, cost, claim or liability (including direct or consequential losses such as loss of profits)
7. Automatcher Account is a payment facilities account provided by Cuscal Ltd that is uniquely created per customer to allow faster reconciliation of funds
8. Nominated Account means Kangaroo Service’s account held in Beyond Bank Australia or Automatcher account created specifically for the customer, as listed on the website or otherwise notified by Kangaroo Service to the Customer from time to time.
9. Transaction means a request by the Customer for Kangaroo Service to provide the Exchanged Fund to the Recipient.
10. Personal Information is as defined in the Privacy Act 1988 (Cth) as varied from time to time.
11. Recipient means the person or entity who is the intended recipient of the Funds.
12. Registration Form means the registration form provided by Kangaroo Service and accessible via the Website or at the offices of Kangaroo Service, which has been completed by the Customer and provided to Kangaroo Service.
13. Online Registration Form means the customer sign up form accessible from the Website that the customer can fill in on the web browser or mobile application
14. Services means the money remittance services provided by Kangaroo Service.
15. Website means www.kangaroo-service.com or any other website operated by Kangaroo Service as advised to the Customer.
16. Working Hours means Monday to Friday, 9:00 AM to 4:00 PM, Melbourne Australia time and as published on the Website and updated from time to time.

2. Provision of the Service

1. The Customer agrees to provide true and accurate information about itself as required in the Registration Form or Online Registration Form and agrees to promptly notify Kangaroo Service of any changes whenever necessary to keep the information true and accurate. If the Customer provides information that is not true or accurate, Kangaroo Service has the right to suspend or terminate the provision of the Services to the Customer.
2. The Customer agrees to provide true and correct information about the Recipient which is necessary to affect the successful delivery of the Funds to the Recipient. Kangaroo Service shall not be held liable or accountable for failing to perform the Services, if the failure is due to inaccuracy of any information provided by the Customer to Kangaroo Service.
3. Kangaroo Service may, in its complete and unfettered discretion, refuse to provide the Services to the Customer, without the need to give a reason

3. Compliance with Anti-Money Laundering Laws

1. The Customer warrants that the purpose of the Customer requesting the provision of the Funds to the Recipient is not an illegal or criminal purpose.
2. In appropriate cases all communications and information concerning the Customer held by Kangaroo Service may be disclosed to and reviewed by law enforcement agencies and regulatory authorities.
3. The Customer agrees to comply with all applicable anti-money laundering and counterterrorism financing Laws, including, but not limited to, the requirement to obtain or provide satisfactory evidence of the identity of any person whom the Customer may represent in any transaction entered with Kangaroo Service.
4. The Customer agrees to comply with all applicable anti-money laundering and counter-terrorism financing laws in Australia.
5. Kangaroo Service may request that the Customer provides further information, and the Customer agrees to provide the requested information for anti-money laundering security validation and verification purposes, immediately upon request. If the further information is not provided by the Customer, Kangaroo Service may, at its sole discretion, discontinue the provision of the Services to the Customer.
6. The Customer acknowledges that Kangaroo Service is under an obligation to report all Transactions to overseas Recipients to the regulatory authorities. Separate transaction reports are submitted to regulatory authorities if the Funds amount exceeds or is equivalent to AUD10,000, if Kangaroo Service forms a suspicion at any time while dealing with the Customer on a matter that may be related to an offence, tax evasion or proceeds of crime.

4. Privacy

1. Kangaroo Service will collect, hold, use and disclose the Personal Information provided by the Customer in accordance with the requirements of the Privacy Act (Cth) 1988, and the Kangaroo Service Privacy Policy which can be accessed via the Website.
2. The Customer agrees to allow Kangaroo Service to disclose personal information about the Customer to a credit reporting body for the reasons of identification of personal information. This information may include the Customer’s name, address and date of birth. The Customer acknowledges that the credit reporting body may be asked to use this information to make an assessment as to whether the personal information in Kangaroo Service’s possession matches, in part or in whole, information held by the credit reporting body. This assessment may be prepared and provided to Kangaroo Service. The Customer acknowledges that there are alternate means of being identified that do not involve credit reporting bodies which are available to the Customer.

5. Customer Onboarding

1. Account Creation. The Customer must create a Kangaroo Service Account and provide the required information to Kangaroo Service as prompted. Account Creation can be done by means of either filling up the Registration Form or using the Online Registration Form. Once your Kangaroo Service Account is set up you can create a Transaction.
2. Transacting on your own account. The Customer can transact only and for the Customer. The Customer may not transact on behalf of another person. All Transaction the Customer carries out on The Customer’s Kangaroo Service Account will be treated as if they are from the Customer's own account.
3. One Account Per Person or Entity. The Customer may only have one Kangaroo Service Account unless we have agreed in writing to the opening of additional accounts. Kangaroo Service may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, Kangaroo Service may close or merge these duplicate accounts at any time and without notice.
4. Commercial Transaction. If you use our services to pay for goods or services, you acknowledge that we have no control over and are not responsible for such goods or services (or the delivery, quality or safety of such)
5. Our Checks. We may carry out customer and security checks, and customer verification on you and your recipient to provide any Services to you. You agree to comply with any request from us for further information to enable us to provide the Services to you. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information provided to us, including checking commercial databases or third-party databases, including Government agencies. You agree to the use of electronic identity checking (which may include biometric verification), and agree that we may access third party databases for verification for a purpose related to fraud prevention and complying with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AU).

6. Assisted Transaction

1. Booking a Transaction. The Customer may book a Transaction via phone or email during Working Hours. If the Customer wishes make a Transaction over the phone, the Customer will be identified by telephone number and date of birth. Kangaroo Service will determine, in its sole and unfettered discretion, whether to provide the Services to the Customer.
2. Working Hour. Any Transaction provided outside Working Hours shall be treated as a Transaction of the next business day.
3. Discretion. Kangaroo Service may, in its sole and unfettered discretion, refuse to accept a Transaction the value of which exceeds any legal or compliance limits on the amount of Funds which are to be remitted as part of the Services. Using its discretion, Kangaroo Service can refuse to accept the Transaction without giving any reason.
4. You Must be 18 years. The Customer must be 18 years old to use the Services.
5. Confirmation. Kangaroo Service may or may not, as it determines, require the Customer to provide confirmation of the Transaction in writing before accepting the Transaction.
6. Recording. The Customer acknowledges and agrees that Kangaroo Service may also record any or all telephone conversations with the Customer and store the recordings for verification, compliance and quality assurance purposes.
7. Kangaroo Service's Rights. Kangaroo Service may delay, block, or refuse to transfer the Funds as directed by the Customer if Kangaroo Service believes that transferring the Funds may breach any Laws or any laws in any other country.
8. Bank Transfer. Kangaroo Service only accepts payment from the Customer in the form of transfer or deposit into the Nominated Account. The Services will not be provided until the Funds transferred by the Customer have been cleared by Kangaroo Service’s bank.
9. Fees. In consideration for the provision of the Services, the Customer agrees to pay the Fees to Kangaroo Service, in relation to each Transactions.
10. Deductions. Where Kangaroo Service transfers the Funds to the Recipient in accordance with the Transaction, the Customer hereby authorises Kangaroo Service to deduct the Fees from the Funds before transferring the balance of the Funds to the Recipient.
11. The Customer's Responsibilities. The Customer agrees that it will solely be responsible for paying all third-party bank charges and other expenses. Third party banks may or may not deduct their own charges and fees from the Funds.

7. Online Transaction

1. Setting up a Transfer. The Customer may log in to Kangaroo Service Website or Mobile Application follow the steps for "Send". The Customer can set up a Transfer in two ways:

   • The Customer can specify the amount of money The Customer want to transfer (the exchange rate and fees will determine how much your recipient gets); or
   • The Customer can specify the amount of money you want your recipient to receive (the exchange rate and fees will determine how much you must transfer).

   The countries you can send money from, and those you can send money to, are specified on The Website (and may be updated from time to time).

2. Depositing Funds to cover Transaction Once the Customer have set up a Transaction, The Customer must immediately deposit funds to the Nominated Account to cover the full amount of the Transaction (including fees). The Customer can deposit funds by bank transfer or (depending on where you are transferring money from and to) other specified ways (together Payment Methods). We cannot guarantee the use of any Payment Method and may change or stop offering a Payment Method at any time without notice.

3. Chargebacks on payment instrument. When The Customer book up a Transaction and selected a Payment Method which gives a chargeback rights, The Customer may not exercise the chargeback right for reasons for which we are not responsible, including a dispute with your recipient or if there are insufficient funds in your payment instrument. You will only exercise this chargeback right if (a) Kangaroo Service have breached these Terms; or (b) there was an unauthorised use of the Customer's payment instrument (e.g. card is stolen).

4. Confirming your Transfer. Once the Customer have successfully submitted the Transaction, we may send you an email confirmation of that Transaction. (The confirmation does not amount to acceptance that we will process the Transfer, only confirmation of receipt of the Transfer request).

5. Funds Must Cover Transfer We will generally only process your Transfer once we have received funds to cover the Transfer (and any applicable fees). If we do not receive sufficient funds by the next Business Day after you set up your Transfer, we may cancel your Transfer. If you have set up more than one Transfer, funds received will be applied to the oldest active Transfer you have placed, although we may apply funds differently (for example by matching amounts) at our discretion.

6. Setting up Transfer is an Offer: When you set up and confirm a Transfer, you are requesting that we process the Transfer (legally an Offer). We can accept or reject your Offer at our discretion. Receiving a confirmation of your Transfer request is not acceptance of your Offer. Processing your Transfer is acceptance of the Offer. We will notify you if we do not accept your Offer (i.e. we refuse to process your Transfer). This will usually be because we believe there is an error in the Transfer; we have made a mistake (for example specifying the wrong exchange rate); your volume or value of Transfers is out of the ordinary in a manner that raises concerns; or there is some material adverse event that impacts our ability to provide the Services or we have other grounds to believe it is inappropriate to process your Transfer. In such cases we will refund your money (unless there is some legal reason not to do so) but you will not be able to claim any other loss or damage.

8. Receipts

1. Each time the Customer sends funds through Kangaroo Service, a confirmation of transfer will be generated in the form of e-mail or SMS as a receipt for the transaction.
2. Kangaroo Service will email the receipt following a successful disbursement of funds to the Recipient’s bank account, provided the Customer has supplied Kangaroo Service with an up-to-date email address.

9. Refunds

1. A request by the Customer for a refund of the Funds and cancellation of the Transaction will be considered by Kangaroo Service upon receiving a written request from the Customer, and a refund will only be paid if the Transaction has not been finalised or the Funds have not been sent to the Recipient. If the Transaction has already been finalised, then Kangaroo Service retains the right to deduct any charges applicable upon cancellation of the Transaction from the Funds.
2. If the Customer requests a refund, and the Funds have not yet been received by the Recipient, the cancellation of the Transaction will only be processed on receipt by Kangaroo Service of a written cancellation request. The Customer agrees that it will be liable to pay any additional charges applicable upon cancellation of the Transaction. The Customer acknowledges that Kangaroo Service does not guarantee to refund the Funds. If Kangaroo Service agrees to grant the Customer’s request to cancel the Transaction and refund the Funds, the refund will be processed within a reasonable time by Kangaroo Service.
3. Kangaroo Service is not liable for any delays by third party banks or other financial institutions in delivering the Funds to the recipient which are caused by any reason.

10. Limitation of Liability

1. Kangaroo Service is not liable for any Loss resulting from any delay in or failure of the delivery of the Funds to the Recipient which is due to:
   • incorrect information submitted by the Customer; or
   • the inability of the Recipient to accept the Funds, for any reason; or
   • accident, flood, computer software or network failure; or
   • any other factors which are beyond the control of Kangaroo Service.
2. If the Customer provides incorrect information about the Recipient and the Funds are deposited to an account which is not the Recipient’s account, Kangaroo Service shall not be liable for any resulting Loss.
3. Once the Funds are transferred to the Recipient, the transfer of the Funds is final and irrevocable. However, if Kangaroo Service is unable to remit the Funds to the Recipient, as the Recipient cannot be located, Kangaroo Service will refund the Funds less the Fees to the Customer.
4. Kangaroo Service makes no warranty regarding the amount of time it may take for the
5. The Customer agrees to indemnify and hold Kangaroo Service harmless from and against any Loss incurred by Kangaroo Service:
   • arising from or because of the Customer’s breach of these Terms of Service.
   • arising from or because of any error in the Registration Form or the Transaction submitted.
   • arising from or because of payment to a person who Kangaroo Service reasonably believes to be the Recipient.
   • arising from or because of the acts or omissions of the person the Customer has nominated as the Recipient.
   • arising from or because of Kangaroo Service’s cancellation of a Transaction pursuant to the Customer’s instructions; or
   • arising from or because of Kangaroo Service’s cancellation of a Transaction in accordance with section 3, 5, 6 and 7.
6. If Kangaroo Service determines that contrary to statements made by the Customer, the Funds have been delivered to the Recipient, Kangaroo Service may take legal action against the Customer.
7. Kangaroo Service will not be liable for any Loss suffered by the Customer if any Funds are transferred at the Customer’s request to Recipients who are not known to the Customer.
8. Kangaroo Service will use all reasonable endeavours to execute the Transaction or make payments to the Recipient as specified by the Customer, in accordance with the Transaction. However, Kangaroo Service shall not be liable under any circumstances for any Loss incurred because of a delay in the Funds reaching the Recipient’s account.
9. Nothing in these Terms of Service is intended to limit or exclude any liability Kangaroo Service may owe the Customer under any statutory rights the Customer may have.

11. Notices

1. Any notice required or permitted to be given under these Terms of Service or for the purposes of these Terms of Service shall be in writing and shall:
   1. If to the Customer, be sent by
      • prepaid registered mail or delivered by hand to the address of the Customer set out in the Registration Form, or such other address the Customer designates in writing; or
      • by Kangaroo Service posting a notice on the Website; or
      • by Kangaroo Service sending an email to the email address provided by the customer on the Registration Form or provided to Kangaroo Service at Kangaroo Service’s request.
   2. If to Kangaroo Service, be sent by
      • prepaid registered mail or delivered by hand to the address of Kangaroo Service set out in these Terms of Service; or
      • email to Kangaroo Service email address as displayed on the Website.
2. If the notice was sent to the address of the Customer, the notice is deemed to have been given on the first business day after the notice was sent, unless delivered by hand in which case the notice is deemed to have been given on delivery.
3. If the notice was posted on the Website, the notice is deemed to have been given 3 days after the notice was posted on the Website.
4. A notice sent by email will be deemed to have been given on the first to occur of:
   1. receipt by the sender of an email acknowledgement from the recipient’s information system showing that the notice has been delivered to the email address stated above.
   2. the time that the notice enters an information system which is under the control of the recipient; or
   3. the time that the notice is first opened or read by an employee or officer of the recipient.

12. Termination

1. These Terms of Service form part of an agreement between the parties which may be terminated immediately by the Customer or Kangaroo Service by written notice to the other. However, termination by either party shall not affect any current Transaction or other transaction previously entered and shall not relieve either party of any outstanding obligations arising out of this agreement, nor shall it relieve the Customer of any obligations arising out of any Transaction entered prior to such termination.
2. In the event that Kangaroo Service is made aware of or has reason to believe any of the following: a. that the Customer has provided false or misleading information to Kangaroo Service; or b. that the Customer has participated or is participating or has assisted or is assisting in money laundering or terrorist financing; or c. that the Customer is being officially investigated by law enforcement and/or regulatory agencies; or d. that the Customer has contravened any Laws, then Kangaroo Service, at its sole discretion, may terminate this agreement immediately by notice to the Customer, and Kangaroo Service shall be relieved of any obligations set out in these Terms of Service or arising out of the transactions contemplated by the agreement between the parties.

13. Amendment

1. Kangaroo Service may make modifications, alterations, changes or variations to any term of these Terms of Service including fees, by notifying the Customer in writing, including by email, of the details of the amendment or modification. Any modification or change to these Terms of Service (which is not an increase in the Fees) will take effect after a period of 14 days has elapsed from the date when the Customer is notified of the modification or change. Any increase in the Fees will take effect after a period of 30 days has elapsed from the date when the Customer is notified of the increase.
2. The Customer may not make any changes or modifications to these Terms of Service, unless Kangaroo Service agrees in writing.

14. Governing Law

1. The law of the State of Victoria applies to these Terms of Service, and any Services provided by Kangaroo Service.