Terms & Conditions

1.About the Website

1.1

Welcome to www.syntrico.com.au (Website). The Website allows you to access and use the AML Guardian Platform (Services).

1.2

The Website is operated by SYNTRICO PTY LTD, ACN: 692777245. Access to and use of the Website, or any of its associated products or Services, is provided by SYNTRICO PTY LTD. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.

1.3

SYNTRICO PTY LTD reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SYNTRICO PTY LTD updates the Terms, it will use reasonable endeavours to provide you with notice of updates. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2.Acceptance of the Terms

You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.

3.About the Service

3.1

AML Guardian Platform is a cloud-based software-as-a-service (SaaS) solution provided by Syntrico Pty Ltd. The Platform provides AML/CTF compliance software, including but not limited to program management tools, customer due diligence (KYC/KYB/CDD), risk assessment, transaction monitoring, reporting, record keeping, audit log, and related technical features for businesses.

3.2

Free Trial, Grow, Professional, Ultimate, and Enterprise accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features, may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.

3.3

Some accounts may be governed by a separate Software Licensing Agreement with SYNTRICO PTY LTD, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

3.4

The Service is provided on an "as available" basis with a target uptime of 99.5% per calendar month, excluding scheduled maintenance windows notified at least 24 hours in advance. It does not guarantee uninterrupted access and shall not be liable for service interruptions caused by factors beyond its reasonable control, including third-party infrastructure failures, internet connectivity issues, or force majeure events.

3.Compliance Responsibility Disclaimer

3.5

Tool Only, Not Compliance Advice. The AML Guardian Platform is a technology tool designed to support and assist Members in managing their AML/CTF compliance obligations. Nothing on the Platform constitutes legal, regulatory, or compliance advice, and must not be relied upon as such.

3.6

Member's Responsibility. You are solely responsible for ensuring your compliance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (AML/CTF Act) and all other applicable Australian laws. Use of the Platform does not discharge, reduce, or substitute your legal obligations.

3.7

Workflows for Guidance Only. Any workflows, checklists, templates, or process guides are provided as general guidance tools only and do not represent a complete or definitive statement of your compliance obligations.

3.8

Seek Independent Advice. SYNTRICO PTY LTD strongly recommends that Members seek independent legal, regulatory, or compliance advice from a qualified professional where there is any uncertainty regarding your AML/CTF obligations.

3.9

No Liability for Compliance Failures. To the fullest extent permitted by law, SYNTRICO PTY LTD will not be liable for any regulatory penalties, fines, enforcement actions, or compliance failures incurred by you as a result of your use of, or reliance upon, the AML Guardian Platform.

4.Acceptable Use of the Service

4.1

AML Guardian Platform, its related features, and website must only be used lawfully. SYNTRICO PTY LTD reserves the right to suspend, cancel, or otherwise deny access to users and accounts who misuse the service.

4.2

Engage in any act that would disrupt the access, availability, and security of AML Guardian Platform, including but not limited to:

4.2.1

Tampering with, reverse-engineering, or hacking our servers.

4.2.2

Modifying, disabling, or compromising the performance of AML Guardian Platform or other SYNTRICO PTY LTD services.

4.2.3

Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems.

4.2.4

Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by SYNTRICO PTY LTD.

4.3

Use the service for any illegal purpose, or to violate any laws, including data, privacy, and export control laws.

4.4

Stalk, harass or threaten users and any member of the public.

4.5

Misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with SYNTRICO PTY LTD or any third party.

4.6

Access or search any part of the Service other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.

4.7

Post, upload, share, or otherwise circulate content in violation of AML Guardian Platform's content policy.

5.Security and Data Privacy

SYNTRICO PTY LTD takes your privacy seriously and information provided through your use of the Website and/or Services are subject to SYNTRICO PTY LTD's Privacy Policy, which is available on the Website. The Privacy Policy also addresses SYNTRICO PTY LTD's processes, policies, and obligations in respect of AML Guardian Platform security breaches.

6.Data Use & Record Keeping

SYNTRICO PTY LTD collects, stores, and processes your data on AML Guardian Platform. The data is used to provide Services to you, as well as to facilitate SYNTRICO PTY LTD's business operations. The Privacy Policy outlines how your data is collected, stored, and processed, including policies and obligations in respect of data encryption and removal requests.

6.1 Record Keeping and Data Retention

6.1.1

Retention Obligations. In accordance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and the Rules Instrument 2007 (Cth), SYNTRICO PTY LTD will retain all records generated through your use of the AML Guardian Platform for a minimum period of seven (7) years from the date of creation or last activity, whichever is later.

6.1.2

Categories of Records Retained. Records include, but are not limited to:

6.1.2.1

User-generated content and data, including data relating to your clients and end-users.

6.1.2.2

Know Your Customer (KYC), Know Your Business (KYB), and Customer Due Diligence (CDD) records and verification checks.

6.1.2.3

Risk assessments and risk rating records.

6.1.2.4

Transaction monitoring records and suspicious matter reports.

6.1.2.5

AML/CTF compliance programme documentation and records.

6.1.2.6

Compliance audit logs, system access logs, and platform activity records.

6.1.3

Regulatory Compliance. You acknowledge that SYNTRICO PTY LTD is required to retain certain records under the AML/CTF Act and other applicable Australian laws, and that such retention obligations may override or delay any request for deletion of records. SYNTRICO PTY LTD will not delete records where doing so would constitute a breach of its legal or regulatory obligations.

6.1.4

Right to Access Records. Subject to applicable law, you have the right to request access to records held by SYNTRICO PTY LTD relating to your account. All access requests must be submitted in writing to the Compliance Office at the contact details set out below. SYNTRICO PTY LTD will respond in accordance with its obligations under the Privacy Act 1988 (Cth).

6.1.5

Right to Request Deletion. You may submit a written request to the Compliance Office to delete records relating to your account. SYNTRICO PTY LTD will assess each deletion request on a case-by-case basis. Where deletion is not precluded by applicable law, SYNTRICO PTY LTD will action the deletion request within thirty (30) days of receipt.

6.1.6

Written Requests - Compliance Office. All written requests for access or deletion of records must be directed to:

Compliance Office

SYNTRICO PTY LTD ACN 692 777 245

81–83 Campbell Street, Surry Hills NSW 2010

info@syntrico.com.au

6.1.7

Post-Termination Retention. Upon termination of your Subscription or Account, SYNTRICO PTY LTD will continue to retain your records for the remainder of the applicable seven (7) year retention period. Following the expiry of the mandatory retention period, records will be securely destroyed or de-identified in accordance with SYNTRICO PTY LTD's data destruction policy.

7.Subscription to use the Service

7.1

In order to access the Services, you must first purchase a subscription through the Website (Subscription) and pay the applicable fee (Subscription Fee). After purchasing a Subscription, you will be considered a member ('Member').

7.2

In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.

7.3

Before, during or after you have purchased the Subscription, you will be required to register for an account through the Website before you can access the Services (Account).

7.4

As part of the registration process, you may be required to provide personal information including but not limited to full name, email address, phone number, company name, ABN, billing address, and payment card details.

7.5

You warrant that any information you give to SYNTRICO PTY LTD in the course of completing the registration process will always be accurate, correct and up to date.

7.6

Once you have completed the registration process, you will be a registered user of the Website ("User") and will be granted immediate access to the Services until the subscription period expires (Subscription Period).

7.7

You may not use the Services if:

7.7.1

You are not of legal age to form a binding contract with SYNTRICO PTY LTD.

7.7.2

You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident.

7.7.3

You are a business entity not registered with ASIC, do not hold a valid ABN or ACN, or are subject to any regulatory suspension, deregistration, or compliance action that would prevent you from lawfully entering into this agreement.

8.Payments

8.1

Subject to the terms of any applicable Software License Agreement, the Subscription Fee may be paid by all payment methods available on the Website, and may change from time to time.

8.2

Payments may be made using third-party applications and services not owned or operated by SYNTRICO PTY LTD. You acknowledge and agree that SYNTRICO PTY LTD will not be liable for any losses or damage arising from the operations of third-party payment applications and services.

8.3

You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied for any reason, you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.

8.4

You agree and acknowledge that SYNTRICO PTY LTD can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.

9.Refund Policy

9.1

SYNTRICO PTY LTD offers refunds in accordance with the Australian Consumer Law and on the terms set out in these Terms. Any benefits set out in these Terms may apply in addition to consumer's rights under the Australian Consumer Law.

9.2

SYNTRICO PTY LTD will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services, or if the manager of SYNTRICO PTY LTD makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).

10.Copyright and Intellectual Property

10.1

The Website, the Services and all related products of SYNTRICO PTY LTD are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website are owned or controlled by SYNTRICO PTY LTD or its contributors.

10.2

All trademarks, service marks and trade names are owned, registered and/or licensed by SYNTRICO PTY LTD, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:

10.2.1

Use the Website pursuant to the Terms.

10.2.2

Copy and store the Website and the material contained in the Website in your device's cache memory.

10.2.3

Print pages from the Website for your own personal and non-commercial use.

10.3

SYNTRICO PTY LTD does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by SYNTRICO PTY LTD.

10.4

SYNTRICO PTY LTD retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright to you.

10.5

You may not, without the prior written permission of SYNTRICO PTY LTD: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms.

11.General Disclaimer

11.1

Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law, which by law may not be limited or excluded.

11.2

Subject to this clause, and to the extent permitted by law: (i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and (ii) SYNTRICO PTY LTD will not be liable for any special, indirect or consequential loss or damage (unless reasonably foreseeable resulting from a failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill.

11.3

Use of the Website and the Services is at your own risk. Everything is provided to you "as is" and "as available" without warranty or condition of any kind. This includes (but is not restricted to) loss or damage as a result of: failure of performance, error, omission, interruption, computer virus, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; inaccuracy or unsuitability of any information on the Website; costs incurred as a result of using the Website or Services; or service or operation issues with links provided for your convenience.

12.Limitation of Liability

12.1

SYNTRICO PTY LTD's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

12.2

You expressly understand and agree that SYNTRICO PTY LTD, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused, including any loss of profit, loss of goodwill or business reputation, and any other intangible loss.

12.3

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which you may have under the Competition and Consumer Act 2010 (Cth) or any similar consumer protection laws in New South Wales ('Non-Excludable Rights'). To the fullest extent permitted by law, SYNTRICO PTY LTD's liability for breach of any Non-Excludable Right is limited to the resupply of the Services or payment of the cost of having the Services resupplied.

13.Termination of Contract

13.1

The Terms will continue to apply until terminated by either you or by SYNTRICO PTY LTD as set out below.

13.2

If you want to terminate the Terms, you may do so by:

13.2.1

Not renewing the Subscription prior to the end of the Subscription Period.

13.2.2

Closing your accounts for all of the services which you use, where SYNTRICO PTY LTD has made this option available to you.

13.3

Any notices pursuant to Clause 13.2 above should be sent, in writing, to SYNTRICO PTY LTD via the 'Contact Us' link on the homepage.

13.4

SYNTRICO PTY LTD may at any time terminate the Terms with you if:

13.4.1

You do not renew the Subscription at the end of the Subscription Period.

13.4.2

You have breached any provision of the Terms or intend to breach any provision.

13.4.3

SYNTRICO PTY LTD is required to do so by law.

13.4.4

The provision of the Services to you is, in the opinion of SYNTRICO PTY LTD, no longer commercially viable.

13.5

Subject to local applicable laws, SYNTRICO PTY LTD reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts SYNTRICO PTY LTD's name or reputation or violates the rights of another party.

13.6

Where SYNTRICO PTY LTD terminates the Terms under Clause 13.4.4 for commercial viability reasons, it will provide you with 30 days' written notice and a pro-rata refund of any prepaid Subscription fees for the unused portion of the Subscription Period.

14.Indemnity

You agree to indemnify SYNTRICO PTY LTD, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

14.1

All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content.

14.2

Any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so.

14.3

Any breach of the Terms.

15.Dispute Resolution

15.1 Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

15.2 Notice

A party claiming a dispute (Dispute) has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

15.3 Resolution

On receipt of that notice, the parties must:

15.3.1

Within 28 days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

15.3.2

If for any reason the Dispute has not been resolved within 28 days, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Resolution Institute.

15.3.3

The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation.

15.3.4

The mediation will be held in Sydney, Australia.

15.4 Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

15.5 Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

16.Venue and Jurisdiction

The Services offered by SYNTRICO PTY LTD are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales.

17.Governing Law

The Terms are governed by the laws of New South Wales. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia without reference to conflict of law principles. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

18.Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

19.Data Ownership and Permitted Uses

You retain all ownership rights to your business data and user-generated content. SYNTRICO PTY LTD may only use your data to: (a) provide and maintain the Services; (b) generate anonymised analytics for product improvement; and (c) comply with legal obligations. Upon termination, SYNTRICO PTY LTD will retain the data for 7 years to satisfy the data retention requirements, or return your data within 30 days, subject to legal retention requirements under Australian law.

SYNTRICO PTY LTD · ACN 692 777 245

81–83 Campbell Street, Surry Hills NSW 2010

info@syntrico.com.au