Disclaimer for the Website
Last revised: 19 November 2018
The website, https://www.agdaex.com.au/, and mobile applications (if applicable), (collectively referred to as the “Platform’) is owned, operated and controlled by Australian Global Digital Asset Exchange Pty Ltd
ACN 627 013 094 (“the Company” or “AGDA”), who along with its associated entities, and each of their directors, affiliates or employees (as appropriate) are referred to as “we”, “us” or “our” in this disclaimer.
The Platform provided and operated by us allow buyers and sellers to convert, buy, sell and trade digital currency. The Services, the Platform, content, products or any other Services provided by us are collectively referred as “Service”.
We endeavour, but are not obliged to notify you of any malfunction in our Service, or if any Service feature is limited, restricted or ceases.
Although we take reasonable steps to protect the integrity and reliability of our Platform and the Service, by using our Platform and Service you acknowledge that we do not warrant and do not give you any guarantee or representation that:
( a ) our Service or any information or other material accessible through our Platform will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component;
( b ) no delays with transactions including but not limited to the processing of deposits or withdrawals, will occur. While AGDA will use our best endeavours to ensure that we meet our deposit and withdrawal timeframes, from time to time factors outside of our control may lead to delays and AGDA will not be responsible or held liable for any losses suffered due to such delays;
( c ) there will be any operational stability, availability or continuation of our Service;
( d ) the transmission of information over the Internet (including to or from the Platform) is completely secure or error free. In particular, emails to or from us and information submitted to or accessed via this Platform may not be secure and you should use discretion in deciding what information you send to us via these means;
( e ) the identity of any other user, receiver or other party you engage with is true and correct;
( f ) any particular coins, tokens, crypto currencies, digital currencies and or digital assets of the like (“Tokens”) will be available on our Platform and Service;
( g ) any email filtering and virus scanning methods applied on email sent to and from us including by third party contractors will be effective in removing viruses or other potentially harmful code;
( h ) your use of our Service will not infringe the rights of any third party; or
( i ) there will be any continuation of the agreement formed under the Terms and Conditions available on the Platform.
We warn you that our Service may be discontinued at our sole and absolute discretion and that our Service may be inoperable at times due to:
( a ) down time and scheduled maintenance;
( b ) outages to any public Internet backbones, networks or servers;
( c ) equipment failure including the failure of third party systems such as international or local access systems; or
( d ) a force majeure event.
The risks of the trading and/or holding the Tokens can be significant and the losses can be substantial. Prior to your Account opening, you should carefully consider and assess your personal financial circumstances and your risk awareness whether you should trade Tokens and whether it is suitable for you to trade on our Platform. Tokens are unlike traditional currencies, goods or commodities in the market and are subject to exceptional risks. Unlike other traditional forms of currency, Tokens are decentralised and are not backed by a central bank, government or legal entities and remains unregulated. The value or the price of Tokens may vary significantly depending upon the market, confidence of investors, competing currencies, regulatory announcements or changes, technical problems or any other factors.
AGDA reserves the right to delist any token available on the Platform and the right to stop offering trading of such token due to the significant risks of Tokens trading and the impact of the global market along with the technology impact. However, AGDA will endeavour to notify you in such event by any contact details you have with us within a reasonable period of notice before ceasing trading of such token. After the token is delisted and/or ceased for trading, you will not be able to convert such token into any fiat currency including Australian Dollars. However, you may be provided with options to move such tokens to another wallet address, platform or third party website or any other users.
AGDA may support mechanisms such as Metacoins, Alt coins, forks, sidechains or any other Tokens which supplement and interact with digital currency, if AGDA explicitly specifies through the Platform. AGDA may participate in any other similar mechanisms at its absolute discretion. AGDA does not allow, nor encourage users to send Tokens off the Platform in order to pay, fund or contribute to an Initial Coin Offering unless explicitly stated and will not be responsible for the Tokens sent off the platform nor the coins or tokens expected to be received from the Initial Coin Offering.
AGDA is not responsible or liable for any Tokens once they are transferred from our Platform to another site, device, platform or user, nor is AGDA responsible or liable for any Tokens not traded on our Platform that have been sent into our Platform or those that have been sent to an incorrect wallet address or a wallet address for a different Token. It is your responsibility to take anything necessary and precautions for the transfer and for the storage of your Tokens whether on our platform or through other sites, wallets or devices. We take no responsibility for misappropriation or theft of your Tokens. You should familiarise yourself with the security measures available when using a wallet service or other device for storage.
The information and any materials contained in this Platform should not be considered as an offer or solicitation to buy or sell regulated instruments, provide advice, facilitate or take deposits or provide any other regulate Service of any kind in any jurisdiction, except as expressly stated and lawfully permitted. Any products or Service described on this Platform are not available to all persons and are subject to separate terms, conditions and restrictions.
The information contained on this Platform is not intended to provide and should not be construed as advice of any kind. You should obtain appropriate professional advice when necessary. It does not take into account your objectives, financial situation or needs.
This Disclaimer may at our discretion be translated into a language other than English. To the extent that you have been provided with a translation of this Disclaimer in a language other than English, the English language version of this Disclaimer will also be provided to you and such English language version shall prevail over the version of any other language in case of any discrepancies or ambiguities due to translation.