Terms and Conditions

Kangaroo Service Pty Ltd (ACN 108 996 354) of 4 Convent Court, Coburg North, Victoria, Australia and PT Kangaroo Ausindo of Plaza Pondok Indah V Blok C-2, Jakarta Selatan DKI Jakarta (Kangaroo Service, we, us, our) is a money remittance and package delivery company. Kangaroo Service provides the money remittance services (the Services) on the terms and conditions set out in this document.

By completing and submitting the Registration Form on the Website or at the office of Kangaroo Service, these Terms and Conditions will form part of an agreement between Kangaroo Service and the Customer, which incorporates the following clauses:

    DEFINITIONS
  1. Whenever used in these Terms and Conditions, unless inconsistent with the subject matter or context, the following words shall have the following meanings:
    1. Customer means the person or entity who has completed a Registration Form.
    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 clause 46.
    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. Nominated Account means Kangaroo Service’s Bendigo Bank, Bank of Queensland or Westpac Bank Account, or any other account, as listed on the website or otherwise notified by Kangaroo Service to the Customer from time to time.
    8. Order means a request by the Customer for Kangaroo Service to provide the Services to the Recipient.
    9. Personal Information is as defined in the Privacy Act 1988 (Cth) as varied from time to time.
    10. Recipient means the person or entity who is the intended recipient of the Funds.
    11. 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.
    12. Services means the money remittance services provided by Kangaroo Service.
    13. Smart Pin means the unique identification number provided to the Customer by Kangaroo Service for account-to-cash transactions, that the Customer must provide to the Recipient to enable the Recipient to collect the Funds from Indonesian Post Office or Bank Negara Indonesia branches.
    14. Website means www.kangaroo-service.com or any other website operated by Kangaroo Service as advised to the Customer.
    15. Working Hours means Monday to Friday, 9:00 AM to 4:00 PM, Melbourne Australia time (excluding public holidays in Melbourne and Sydney, Australia and Jakarta, Indonesia) and as published on the Website and updated from time to time.
  2. PROVISION OF THE SERVICES
  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.
  4. PROVISION OF INFORMATION AND ACCURACY OF INFORMATION
  5. The Customer agrees to provide true and accurate information about itself as required in the 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.
  6. The Customer agrees to provide true and correct information about the Recipient which is necessary to effect 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.
  7. COMPLIANCE WITH ANTI-MONEY LAUNDERING LAWS
  8. 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.
  9. 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.
  10. The Customer agrees to comply with all applicable anti-money laundering and counter-terrorism 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 into with Kangaroo Service.
  11. The Customer agrees to comply with all applicable anti-money laundering and counter-terrorism financing laws in Indonesia.
  12. 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.
  13. The Customer acknowledges that Kangaroo Service is under an obligation to report all Orders 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.
  14. PRIVACY
  15. 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.
  16. In addition to Clause 11, 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.
  17. TRANSACTIONS
  18. The Customer may make an Order via phone or email during Working Hours. If the Customer wishes make an Order over the phone, the Customer will be identified by telephone number identification and date of birth. Kangaroo Service will determine, in its sole and unfettered discretion, whether to provide the Services to the Customer.
  19. Any Order provided outside Working Hours shall be treated as an Order of the next business day.
  20. Kangaroo Service may, in its sole and unfettered discretion, refuse to accept an Order 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 Order without giving any reason.
  21. Transactions that use the SmartPin service are limited to IDR 15 million per customer per day.
  22. Customers must be 18 years old to use the Services.
  23. Kangaroo Service may or may not, as it determines, require the Customer to provide confirmation of the Order in writing before accepting the Order.
  24. 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.
  25. 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.
  26. 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.
  27. In consideration for the provision of the Services, the Customer agrees to pay the Fees to Kangaroo Service, in relation to each Order.
  28. Where Kangaroo Service transfers the Funds to the Recipient in accordance with the Order, including when Kangaroo Service sends a Smart Pin to the nominated telephone number of the Customer, the Customer hereby authorises Kangaroo Service to deduct the Fees from the Funds before transferring the balance of the Funds to the Recipient.
  29. The Customer agrees that it will be solely 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.
  30. RECEIPTS
  31. 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.
  32. Kangaroo Service will email the bank receipt from the Recipient’s bank 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.
  33. For Smart Pin requests from the Customer, Kangaroo Service will generate a Smart Pin and send it via SMS to the Customer.
  34. REFUNDS
  35. A request by the Customer for a refund of the Funds and cancellation of the Order will be considered by Kangaroo Service upon receiving a written request from the Customer, and a refund will only be paid if the Order has not been finalised or the Funds have not been sent to the Recipient. If the Order has already been finalised, then Kangaroo Service retains the right to deduct any charges applicable upon cancellation of the Order from the Funds.
  36. If the Customer requests a refund, and the Funds have not yet been received by the Recipient, the cancellation of the Order 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 Order. 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 Order and refund the Funds, the refund will be processed within a reasonable time by Kangaroo Service.
  37. 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.
  38. LIMITATION OF LIABILITY
  39. 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:
    1. incorrect information submitted by the Customer; or
    2. the inability of the Recipient to accept the Funds, for any reason; or
    3. accident, flood, computer software or network failure; or
    4. any other factors which are beyond the control of Kangaroo Service.
  40. 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.
  41. Once the Funds are transferred to the Recipient, or the Smart Pin is sent to the customer, 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.
  42. Kangaroo Service makes no warranty regarding the amount of time it may take for the Funds to be transferred to the Recipient, or for the Smart Pin to be sent to the Customer.
  43. If a Smart Pin is sent to the wrong customer, or collected by someone other than the intended recipient, Kangaroo Service’s liability is limited to the fees and charges of that transaction.
  44. The Customer agrees to indemnify and hold Kangaroo Service harmless from and against any Loss incurred by Kangaroo Service:
    1. arising from or as a result of the Customer’s breach of these Terms and Conditions;
    2. arising from or as a result of any error in the Registration Form or the Order;
    3. arising from or as a result of payment to a person whom Kangaroo Service reasonably believes to be the Recipient;
    4. arising from or as a result of the acts or omissions of the person the Customer has nominated as the Recipient;
    5. arising from or as a result of Kangaroo Service’s cancellation of an Order pursuant to the Customer’s instructions; or
    6. arising from or as a result of Kangaroo Service’s cancellation of an Order in accordance with clauses 9, 13, 14 or 18.
  45. 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.
  46. 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.
  47. Kangaroo Service will use all reasonable endeavours to execute Orders or make payments to the Recipient as specified by the Customer, in accordance with the Order. However, Kangaroo Service shall not be liable under any circumstances for any Loss incurred as a result of a delay in the Funds reaching the Recipient’s account.
  48. Nothing in these Terms and Conditions is intended to limit or exclude any liability Kangaroo Service may owe the Customer under any statutory rights the Customer may have.
  49. NOTICES
  50. Any notice required or permitted to be given under these Terms and Conditions or for the purposes of these Terms and Conditions shall be in writing and shall:
    1. If to the Customer, be sent by
      1. 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
      2. by Kangaroo Service posting a notice on the Website; or
      3. 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
      1. prepaid registered mail or delivered by hand to the address of Kangaroo Service set out in these Terms and Conditions; or
      2. email to Kangaroo Service email address as displayed on the Website.
  51. 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.
  52. 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.
  53. 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.
  54. TERMINATION
  55. These Terms and Conditions 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 Order or other transaction previously entered into 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 Order entered into prior to such termination.
  56. 45 In the event that Kangaroo Service is made aware of or has reason to believe any of the following:
    1. that the Customer has provided false or misleading information to Kangaroo Service; or
    2. that the Customer has participated or is participating or has assisted or is assisting in money laundering or terrorist financing; or
    3. that the Customer is being officially investigated by law enforcement and/or regulatory agencies; or
    4. 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 and Conditions or arising out of the transactions contemplated by the agreement between the parties.
  57. AMENDMENT
  58. Kangaroo Service may make modifications, alterations, changes or variations to any term of these Terms and Conditions 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 and Conditions (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.
  59. The Customer may not make any changes or modifications to these Terms and Conditions, unless Kangaroo Service agrees in writing.
  60. GOVERNING LAW
  61. The law of the State of Victoria applies to these Terms and Conditions, and any Services provided by Kangaroo Service.