How to read this document:
APP User Agreement contains two (2) distinct and separate sets of terms and conditions. For ease of reference, we have included each set of terms on this webpage. How each set of terms apply to use of our services is set out in the table below.
These terms and conditions apply to the Instruction you give us and the transfer we make acting on your Instruction. Each Instruction and corresponding transfer is made under separate APP Transaction Terms and Conditions and you must accept the APP Transaction Terms and Conditions at each time you submit an Instruction.
The APP Profile Creation Terms and Conditions are the basis on which you create an account with us. You agree to the APP Profile Creation Terms and Conditions once, at the time you create a Profile.
These terms and conditions (Transaction Terms) set out the terms of the contract between ‘Ave Pa’anga Pau TDB Limited (APP) and you that is made when you purchase an Ave Pa’anga Pau Voucher (an APPVoucher) on the APP website www.avepaanga.com.au.
These Transaction Terms are not a standing arrangement to give us Instructions or for us to make transfers acting on your Instructions. Each Instruction and corresponding transfer is made under separate Transaction Terms and you must accept the Transaction Terms each time before submitting an Instruction.
Please read this document carefully. You acknowledge that by clicking ‘Purchase Voucher’ (and/or as we otherwise ask you to agree to these Transaction Terms) you agree to be bound by these Transaction Terms.
The information in this document is current as at [28 August 2020] and is subject to change. We may change these Transaction Terms in the way described in clause 9.
Other Terms For the terms and conditions that apply to creating and maintaining a Profile with APP, please see our APP Profile Terms and Conditions. You should also read our PrivacyStatement available here.
A guide to reading this document
There are words used in these Transaction Terms that have special meanings, which can be found at the end of this document in the section “Terms used in these Transaction Terms”.
Who we are
The Services set out in this document are provided to you by ‘Ave Pa’anga Pau TDB Limited(ARBN 640160827) (APP, we, us and our).
1.1 To give us an Instruction, you must:
(a) have a Profile that has not been suspended or closed;
(b) agree to the Transaction Terms;
(c) have read and agreed to our Privacy Statement; and
(d) be able to honestly make the representations set out in clause 6.
1.2 You are only able to purchase APP Vouchers once we have verified your identity and the Beneficiary’s identity to our satisfaction and in a manner that complies with our obligations under AML Laws.
1.3 Even if we have previously verified your identity, we may at any later time request further information about you for the purposes of AML Laws. If we make such a request, you must comply with it without delay.
2.1 APP Vouchers may be obtained on this website and are a means by which a you can, by paying an Australian Dollar Purchase Price to us, arrange for us to pay the corresponding Pa’anga Amount to be paid to a person(the Beneficiary) in Tonga.
2.2 APP Vouchers are only able to be purchased with Australian dollars and cannot be purchased using any other currency.
2.3 The Beneficiary of an APP Voucher must be:
(a) one or more individual persons; or
(b) a business, where the APP Voucher payment is to the credit of an account held by an individual with that business;(c) a school, training or academic institution;
(d) a church; or
(e) a non-government organisation.
3.1 You can give us an Instruction to pay a Beneficiary by logging into your Profile.
3.2 If you have not given us an Instruction in relation to a Beneficiary before, you must enter the following information when prompted:
(a) the name of the Beneficiary including, where required, the address, any email address or phone number for the Beneficiary; and
(b) details of the Beneficiary’s bank account in Tonga, if they have one.
3.3 If you have given us an Instruction in relation to a Beneficiary before, you may select their name from the drop-down menu.
3.4 For each Instruction, you may specify the value of the APP Voucher that you want to purchase by either:
(a) specifying the amount of Australian dollars that you wish to convert to Pa’anga; or
(b) specifying the amount of Pa’anga that you wish to be available to the Beneficiary.
3.5 If you specify the value of the APP Voucher in Australian dollars, the website will display to you the corresponding amount of Pa’anga that will be available on the APP Voucher and the amount that you will be required to transfer to us to purchase the APP Voucher (the Australian Dollar Purchase Price),which includes our Commission. If you specify the value of the APP Voucher in Pa’anga, the website will confirm the amount of Pa’anga that will be available on the APP Voucher and will display to you the Australian Dollar PurchasePrice, which includes our Commission.
3.6 We may set limits on the maximum value of individual APPVouchers that you may purchase and/or on the maximum total value of APPVouchers that you may purchase in any 12 month period.
3.7 If you agree with the amounts specified under clause 3.5, you can give us an Instruction to purchase an APP Voucher by clicking ‘Purchase Voucher’. On doing so, you must immediately pay the applicable Australian Dollar Purchase Price as directed by us by transferring the Australian Dollar Purchase Price to our Nominated Account, details of which are below:
BSB: 932000
-Account Number: 771792
- AccountName: ‘Ave Pa’anga Pau TDB Limited
3.8 By clicking ‘Purchase Voucher’, this gives rise to a contract between you and us on these Transaction Terms.
3.9 In transferring the Australian Dollar Purchase Price under clause 3.7, you acknowledge that the Australian Dollar Purchase Price immediately becomes our property.
3.10 Once we have received the Australian Dollar Purchase Price in our Nominated Account, we will pay the amount of Pa’anga available on the APP Voucher to the Beneficiary by either:
(a) where you have provided us with details of the Beneficiary’s bank account in Tonga, paying the Pa’anga amount to that bank account, which we will endeavour to do within one Business Day of receiving the Australian Dollar Purchase Price from you.
3.11 Following payment in accordance with clause 3.10 we may deal with the Australian Dollar Purchase Price in the Nominated Account in our absolute discretion.
3.12 If for any reason payment in accordance with clause 3.10 is not made prior to the Voucher Expiry Date, we will refund the Australian Dollar Purchase Price to your bank account from which it was transferred, minus our Commission.
3.13 We may refuse to act on your Instruction if:
(a) your Profile has been suspended or closed;
(b) we consider it reasonably necessary to protect our systems;
(c) we consider it reasonably necessary to protect us or you from fraud or other illegal activities;
(d) we consider that acting on your Instruction may cause us (or any Service Provider) to breach any laws;
(e) we have reasonable grounds to suspect that you (or someone purporting to act on your behalf) is acting fraudulently;(f) we reasonably consider you pose an unacceptable form of liability, credit and/or fraud risk to us and our users; (g) you provide incomplete, incorrect, or misleading information;
(h) you access our Services from a country or region outside Australia which is not permitted by us or otherwise use an ‘anonymising proxy’ or any other tool which makes your use of the internet untraceable; or
(i) you use any robot, spider, scraper or automatic device or manual process to monitor or copy our website or app or otherwise display, use, copy or modify our Intellectual Property. We will tell you as soon as possible if we will not act on your Instruction.
4.1 market exchange rates. We apply an Australian dollar/Pa’anga cross rate which is derived from:
(a) an Australian dollar/United States dollar exchange rate sourced in real time from www.xignite.com/product/forex; and
(b) the Pa’anga/United States dollar exchange rate published daily by the National Reserve Bank of Tonga.
4.2 We may modify the way that the Australian Dollar Purchase Price and our Commission is calculated. If we do so we will give you 20 days prior written notice.
5.1 If you think there has been an error or a problem with the purchase of an APP Voucher:
(a) you should contact us as soon as possible (and in any event within 180 days of the date we informed you the funds would be made available to the Beneficiary) with the following information:
(i) your name and email address;
(ii) a description of the error or problem;
(iii) the name of the Beneficiary (and if known their telephone number and address);
(iv) the Australian Dollar Purchase Price; and
(v) the reference number for the APP Voucher.
(b) we will make a determination as to whether an error has occurred within 30 days of you providing the details set out in 5.1 (a) above and inform you of that determination within 3 business days of making the determination;
(c) where we determine a refund is required, we will refund the relevant funds within 3 business days;
(d) if we determine that an error has occurred, we will correct it promptly.
6.1 You represent that:
(a) you are a natural person of at least 18 years of age;
(b) you have sufficient available funds to pay the Australian Dollar Purchase Price to us;
(c) you have provided us with accurate and complete details of the Beneficiary;
(d) your use of our Services does not contravene the laws,including sanctions laws, of Australia (or the laws, including sanctions laws,of any other country); and
(e) all information, documents andnotifications which are provided to us or which are recorded on your Profileare genuine, accurate and complete (including, but not limitedto, your residential address and contact details).
7.1 Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, we are not liable to you for any loss or damage arising as a result of the following (except to the extent that loss or damage is caused by our gross negligence or fraud):
(a) payments made using our Services (including, for example payments which may result in an account being overdrawn or where theBeneficiary does not receive the Amount in full);
(b) the availability, transferability or convertibility of any currency;
(c) us being unable to refund the Australian Dollar PurchasePrice in the event that payment of an APP Voucher is not made before theVoucher Expiry Date;
(d) any failure by us to perform (in part or full), or delay in the performance of, any of our obligations under these Transaction Terms due to:
(i) our compliance with any laws or regulations;
(ii) the occurrence of an Event Outside Our Control;
(iii) suspension of our Services resulting from maintenance and upgrades to our systems or the systems of any party used to provide ourServices;
(e) any dispute between you and any other person;
(f) any disruption caused by:
(i) a malfunction of all, or any part of, the technology we use to perform our Services; or
(ii) any period when all, or any part of, our Services are unavailable;
(g) any loss or corruption of any data stored or held(including, but not limited to, copies of any documents related to the purchase of an APP Voucher or your identity) by us or a Service Provider;
(h) any transactions that are delayed, blocked, frozen or refused by us;
(i) any transactions that are delayed, blocked, frozen or refused by another financial institution or payment Service Provider;(j) defective digital content we supply to you where the damage could have been avoided by you applying an update provided by us, or by you not following our installation instructions or failing to have in place the Minimum System Requirements advised to access and use our Services;
(k) you using our Services to send money as part of you carrying out business activities;
(l) any inaccuracy, error or delay in, or omission from, any
information provided to you; and
(m) any delays, failures, or inaccuracies in the transmission of
any information to you, or any other communications.
7.2 Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, we will not be liable for any indirect, special or consequential loss (including, without limitation, loss of profits or revenues (actual or anticipated), or otherwise resulting from your use of our Services). To the extent permitted by law, our liability will be limited to the re-supply of the service.
8.1 If you do not comply with any of your obligations under these Transaction Terms or any relevant law and we suffer loss as a result, you must indemnify us against any such loss.
9.1 We may change the Transaction Terms at any time and we will notify you of the changes as described below:
Type of Change
Time Frame
Method of Notification
New fee or increase to a fee relating solely toy our use of our Services (other than fees which we disclose to you prior to you giving us an Instruction).
30 days in advance
Electronically
A change that is to your benefit or is required to comply with laws
On the day that change takes effect or earlier
Electronically
A change that relates to the availability of a new product or service
On the day that change takes effect or earlier
Electronically
To clarify an existing term
On the day that change takes effect or earlier
Electronically
A change to the way that the Australian Dollar Purchase Price and our Commission is calculated.
20 days in advance
Electronically
9.2 Each time you submit an Instruction you are required to agree to the Transaction Terms. It is important that you read the TransactionTerms before purchasing an APP Voucher as they may not be the same the terms that applied to any previous Instruction you gave us.
10.1 We may assign our rights or otherwise deal with our rights under this document without giving you prior notice. You may not assign or other wise deal with your rights under this document or allow any interest in them to arise or be varied without our consent.
11.1 These Transaction Terms will be governed by and interpreted in accordance with the laws of New South Wales and each person accepts the non-exclusive jurisdiction of the courts having jurisdiction there.
11.2 Reference in these Transaction Terms to any legislation, whether of Australia or the Kingdom of Tonga, includes:(a) any legislation of either country which amends or replaces that legislation; and
(b) all regulations, Codes of Practice or other similar governmental instruments that are in force at the relevant time in the relevant country under any such legislation.
Terms used in these Transaction Terms
AML Laws refers to the Australian Anti-Money Laundering and Counter-Terrorism Financing Act 2006, theAustralian Anti-Money Laundering andCounter-Terrorism Financing Rules 2007, the Money Laundering and Proceeds of Crime Act 2000 of the Kingdom of Tonga.
APP Voucher refers to a promise by us to pay Pa’anga to a Beneficiary in return for Australian dollars paid to us by you.
Australian Dollar Purchase Price means the purchase price for an APPVoucher, which includes our Commission, that you pay to us in Australian dollars which we will exchange to an amount in Pa’anga displayed to you on the website.
Beneficiary means the person specified by you as being the person in Tonga you want the relevant amount of Pa’anga to be paid.
Business Day means a day other than a Saturday, a Sunday or any day that is a public holiday in the Kingdom of Tonga, and which is also a day on which banks in Tonga are open for normal banking 366business.
Commission is an amount equivalent to 5.5% of theAustralian Dollar Purchase Price paid by you. This assumes the use of exchange rates as explained in clause 4.1 above.
Event Outside Our Control means any act or event beyond our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary and include without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war(whether declared or not) or threat or preparation for war, natural disasters, failure of telecommunications network and internet disturbances (including where you are not in an area of mobile coverage). Instruction means an instruction that you give to us through yourProfile to purchase an APP Voucher.Intellectual Property means all copyright and other intellectual property rights in the business, including the website design, text, images, graphics, data, information, logos, and other materials on this website and the selection and arrangement thereof, all trade marks, service marks, trade names, branding and get-up (trade dress) on this website and all software relating to this website and our business.Minimum SystemRequirements means a device (such as a computer, smartphone, tablet or other mobile device) that has access to the internet and which also allows you to store and reproduce these Transaction Terms and other notices we send you when using our Services (such as payment notifications). Nominated Account means the Australian bank account referred to in clause 3.7 above.Non-Excludable Guarantees means statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under similar consumer protection laws in the States and Territories of Australia.
Pa’anga means the currency of the Kingdom of Tonga.
Privacy Laws refers to the Australian Privacy Act 1998 and to any corresponding laws of the Kingdom of Tonga.
Privacy Statement means our published Privacy Statement available here.
Profile means your profile with us which is subject to the APP Profile Terms and Conditions.
Service Provider means any person engaged by us to assist in the provision of our Services.Services means the services we provide to you under the Transaction Terms which allow you to purchase APP Vouchers to pay Beneficiaries in Tonga.
APP means Ave Pa’anga Pau – TDB Limited, a statutory corporation wholly owned by the Tonga Development Bank.
Voucher Expiry Date means the day 30 days after you pay the Australian Dollar Purchase Price to APP.
You means the person who gives us an Instruction under these Transaction Terms.
This document sets out the Profile Creation Terms and Conditions (Profile Terms) that apply to creating and maintaining a TDB profile (Profile). You must create and maintain a Profile to use our Services. Our Services allow you to APP Vouchers enabling Beneficiaries to receive payment in Pa’anga.
For the terms and conditions that apply to using our Services please see our TransactionTerms and Conditions. You should also read our ‘Privacy Notification and Consents’ available here. www.avepaanga.com.au.
Please read this document carefully. You acknowledge that by clicking “Join” and/or as our Services otherwise instruct you to agree to this set of terms and conditions, you accept and agree to be bound by these Profile Terms.
The information in this document is current as at 28 August 2020 and is subject to change. We may change these Profile Terms in the way described in clause 14.
A guide to reading this document
There are words used in these Profile Terms that have special meanings, which can be found at the end of this document in the section “Terms used in these ProfileTerms”.
Who we are
The Services set out in this document are provided to you by ‘Ave Pa’anga Pau TDB Limited(ARBN 640160827) (APP, we, us and our).
1.1 To use our Services you must create a Profile.
1.2 To be eligible to create and maintain a Profile you must:
(a) be a natural person of at least 18 years of age;
(b) have read and agreed to our Privacy Policy; and
(c) agree to the Profile Terms.
1.3 We may, in our discretion decide not allow you to create aProfile. We will notify you as soon as possible if we decide not to allow you to create a Profile.
2.1 To create a Profile you must:
(a) provide us with the information set out in the registration process (including at least one email and your residential address); and
(b) create Security Credentials.
2.2 We may limit the number of email addresses that you can associate with your Profile to reasonably manage our risks.
2.3 If you do not provide this information we may not allow you to create a Profile.
2.4 If the information you provide to us in the registration process changes you must notify us immediately.
3.1 You acknowledge that by creating a Profile and submitting Instructions to us, you do not establish a standing arrangement with us to give us Instructions. Each Instruction is made under separate Transaction Terms and you must accept the Transaction Terms each time before submitting an Instruction.
4.1 You acknowledge that we may engage Service Providers to provide our Services and that the providers will have access to all information stored by you on your Profile.
5.1 You must ensure that:
(a) your Security Credentials are kept secure; and
(b) you are the only person who has access to your SecurityCredentials.
5.2 To protect your Security Credentials you must:
(a) try to memorise them;
(b) not write, or keep a record of, your Security Credentials on your computer or mobile phone, even if disguised;
(c) not select Security Credentials that can easily be associated with you, such as using your date of birth, phone number, driver’s licence number or part of your name as a password; and
(d) immediately change your Security Credentials if someone else obtains your Security Credentials.
5.3 We are entitled to assume that you are the only person accessing your Profile. Anything done by a person accessing your Profile will be binding on you even if you have not authorised them to access your Profile.
5.4 You must inform us, by email to info@avepaanga.com.au, on the same day after becoming aware or after suspecting that your Security Credentials have become known to another person.
5.5 You must comply with any instructions by us which specify our further requirements regarding Security Credentials.
6.1 Guarantees, we are not liable to you for any loss or damage arising asa result of the following (except to the extent that loss or damages is caused by our gross negligence or fraud):
(a) any unauthorised access to your Profile (including anyInstructions subsequently given using our Services);
(b) any disruption caused by:
(i) a malfunction of all, or any part of, the technology we use to provide your Profile; or
(ii) any period when all, or any part of, your Profile is unavailable;
(c) any loss or corruption of any data stored or held(including, but not limited to, copies of any documents related to anInstruction or your identity) on your Profile;
(d) any inaccuracy, error or delay in, or omission from, any information provided to you;
(e) any delays, failures, or inaccuracies in the transmission of any information to you, or any other communications; and
(f) the creation and maintenance of a Profile.
6.2 Except for any liability that cannot be excluded by law, including the Non-Excludable Guarantees, we will not be liable for any indirect, special or consequential loss (including, without limitation, loss of profits or revenues (actual or anticipated), or otherwise resulting from your use and maintenance of a Profile. To the extent permitted by law, our liability will be limited to the re-supply of the service.
7.1 Not all services and functions offered through your Profile are available at all times.
7.2 Your Profile may be unavailable due to scheduled outages or due to factors beyond our control, such as your internet connection or emergency maintenance.
7.3 It is your responsibility to check our website for details of scheduled outages.
8.1 We may, at our discretion, suspend or close your Profile (in whole or in part) without giving you prior notice. The circumstances where this may occur include (but are not limited to) where:
(a) you have not complied with these Profile Terms;
(b) we consider it reasonably necessary to protect us or you incurring further damage;
(c) we consider it reasonably necessary to protect our systems;
(d) we consider it reasonably necessary to protect us or you from fraud or other illegal activities;
(e) you use our Services in connection with sexually-oriented materials or services, gambling activities, the purchase or sale of tobacco, tobacco related paraphernalia, firearms, prescription drugs, or other controlled substances;
(f) we reasonably consider that your use of our Services may result in you or us contravening the laws, including sanctions laws, of Australia (or the laws, including sanctions laws, of any other country);
(g) we reasonably consider you pose an unacceptable form of liability, credit and/or fraud risk to us and our users; (h) you provide incomplete, incorrect, or misleading information;
(i) you access our Services from a country or region outsideAustralia which is not permitted by us or otherwise use an ‘anonymising proxy’ or any other tool which makes your use of the internet untraceable; and
(j) you use any robot, spider, scraper or automatic device or manual process to monitor or copy our website or app or otherwise display, use, copy or modify our Intellectual Property.
8.2 We will give you notice as soon as possible after we suspend or close your Profile, unless we are restricted from doing so. 8.3 You may terminate this agreement at any time by emailing us at info@avepaanga.com.au.
9.1 If any part of these Profile Terms is prohibited or unenforceable, it is ineffective to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of theseProfile Terms. This clause has no effect if the severance alters the basic nature of this agreement.
10.1 We may set-off any amount we owe to you against any amount payable by you under any arrangement with us. We need not do so.
11.1 If a dispute arises between you and us, our goal is to understand and address your concerns. Please contact us via email at info@avepaanga.com.au to discuss a dispute with us.
12.1 These Profile Terms will be governed by and interpreted in accordance with the laws of New South Wales [and each person accepts the non-exclusive jurisdiction of the courts having jurisdiction there.
12.2 Reference in these Profile Terms to any legislation, whether of Australia or the Kingdom of Tonga, includes:
(a) any legislation of either country which amends or replaces that legislation; and
(b) all regulations, Codes of Practice or other similar governmental instruments that are in force at the relevant time in the relevant country under any such legislation.
13.1 Our Privacy Policy can be accessed on this websitewww.avepaanga.com.au and you are encouraged to read it. By creating a Profile, you agree that the terms of our Privacy Policy will apply to you except to the extent that any parts of the Privacy Policy are expressed to relate only to our other products.
14.1 We may change these Profile Terms from time to time by uploading a new set of the terms to our website and we will notify you of the changes as described below.
Type of Change
Time Frame
Method of Notification
A change that is to your benefit or is required to comply with laws
On the day that change takes effect or earlier
Electronically
A change that relates to the availability of a new product or service
On the day that change takes effect or earlier
Electronically
To clarify an existing term
On the day that change takes effect or earlier
Electronically
All other changes that significantly affect your rights under this agreement
30 days in advance
Electronically
Terms used in these ProfileTerms
APP Voucher each refer to a promise by us to pay a Pa’anga Amount to a Beneficiary in return for Australian dollars paid to us by you.
Beneficiary means the person specified by you as being the person in Tonga that you want the relevant amount of Pa’anga to be paid.
Competition and Consumer Act means the Competition and Consumer Act 2010 (Commonwealth).
Instruction means aninstruction that you give to us through your Profile to purchase an APP VoucherIntellectual Property means all copyright and otherintellectual property rights in the business, including the website design,text, images, graphics, data, information, logos, and other materials on thiswebsite and the selection and arrangement thereof, all trade marks, servicemarks, trade names, branding and get-up (trade dress) on this website and allsoftware relating to this website and our business.Non-Excludable Guarantees means statutoryconsumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under similar consumer protection laws in the States and Territories of Australia.Privacy Policy means our policy relating to how we collect and use your personal information and other related matters, available at www.avepaanga.com.au.
Profile means your profile with us.
Security Credentials means the security credentials (such as password or personal identification number)you set up and maintain through your Profile.
Service Provider means any person engaged by us to assist in the provision of our Services.Services means the services we provide to you under the TransactionTerms which allow you to purchase APP Vouchers to pay Beneficiaries in Tonga.
You means the person who creates a Profile with us under these Profile Terms.
