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Terms of Use

Terms and Conditions for Digital Currency Exchange Service

Last revised: 19 November 2018
These Terms and Conditions form a binding legal contract between the customer (you, your, user, user’s) and by Australian Global Digital Asset Exchange Pty Ltd (“the Company”).

The Platform

( 1 ) The website, https://www.agdaex.com.au/, and mobile applications (if applicable), (“Website” or collectively referred to as the “Platform”) is owned, operated and controlled by the Company, 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 these Terms and Conditions.
( 2 ) The Platform provided and operated by us allows 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”.
( 3 ) You may need to register with us in order to access certain parts of our Platform and Service. After your successful registration in accordance with our KYC procedures, we may issue you a user name and password, or other appropriate log-in details for your account (Account). You are responsible for keeping your log-in details confidential so that they cannot be used without your permission. You will also be responsible for any use of our Platform, and/or the Service by anyone using your log-in details.
( 4 ) Upon successful registration and by opening an account to use our Platform and Service, you expressly represent and warrant that you have accepted our Terms and Conditions, and any additional terms and conditions displayed on the Platform (including without limitation our Privacy Policy and AML-CTF Policy) as they apply from time to time.
( 5 ) We grant you a non-exclusive, revocable, non-transferable licence to use the software on a server controlled by us for the sole purpose of accessing and obtaining the material on the Platform.
( 6 ) We may amend, modify, add to or delete these Terms and Conditions at our discretion and those amendments, modifications, additions or deletions apply to your use of the Platform and the Service as soon as they are displayed on the Platform (whether or not you are aware of those amendments, modifications, additions or deletions). All subsequent transactions by you will be subject to the amended and most up to date Terms and Conditions.
( 7 ) Your eligibility and use of our Platform and Service are dependent upon your country of residence. In the event the jurisdiction where your country of residence belongs prohibits the activity of using our Service or that regulatory actions, or changes to the laws or regulations, make it illegal to operate our Platform or to provide our Service in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval to operate in such jurisdiction, we will cease to operate in such jurisdiction and we will not provide our Service to you.

Disclaimer

( 8 ) We are not obliged to notify you of any malfunction in our Service, or if any Service feature is limited, restricted or ceases. 
( 9 ) Although we take reasonable steps to protect the integrity and reliability of our Platform and the Service including but not limited to meeting our deposit and withdrawal timeframes, 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 of the transactions including but not limited to the processing of deposits or withdrawals will occur as factors outside of our control may lead to delays and the Company will not be 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, cryptocurrencies, digital currencies or digital assets of the like (collectively “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 these Terms and Conditions.
( 10 ) 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.
( 11 ) The risks involved in trading and/or holding Tokens can be significant and the losses can be substantial. Prior to opening an account with us, you should carefully consider and assess your personal financial circumstances and your tolerance to risk, whether you should trade Tokens and whether it is suitable for you to trade or hold Tokens 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.
( 12 ) Due to the significant risks of trading Tokens as well as the impact of technology and the international market, the Company reserves the right to delist any Tokens available on the Platform and the right to stop offering trading of such Tokens. However, in the event that we cease to support trading in any particular Tokens, the Company will endeavour to notify you by any contact details you have provided us within a reasonable period of notice before ceasing trading of such Tokens. After a token is delisted and/or has ceased trading, you will not be able to convert such token into any fiat currency including Australian Dollars. However, you may be provided with the option to move such token to another wallet address, platform or third party website or any other users. 
( 13 ) The Company may support mechanisms such as Metacoins, Alt- coins, forks, sidechains or any other Tokens which supplement and interact with digital currency, if the Company explicitly specifies through the Platform. The Company may participate in any other similar mechanisms at its absolute discretion. The Company 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. 
( 14 ) The Company is not responsible or liable for any Tokens once they are transferred from our Platform to another site, device, platform or user, nor is the Company 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 any necessary 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. 

No Financial Service Activities or Advice

( 15 ) 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. 
( 16 ) 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. 

General Terms and Conditions

( 17 ) By using our Platform and Service, you agree to provide us with current, accurate and complete information, including any personal information, and agree to keep such information up to date.
( 18 ) The Company may provide your personal information or any other information such as your IP address or when your account was last accessed if requested by a law enforcement agency or government agency in accordance with the Company’s Privacy Policy.
( 19 ) By creating an Account, you authorise the Company to make enquiries to verify your identity either directly or through third parties, in order to protect our Platform, Service and other users against fraud. In order to verify your Account, you will provide us with personal information which will be verified against databases in your country, as such it is imperative that you provide us with accurate and up-to-date information. The verification of your identity and on-boarding of your Account may take up to three (3) business days to complete however such period required for verification may vary. 
( 20 ) The Company will only communicate with you by email and/or telephone, or other methods as agreed between you and the Company. The Company will never provide links to other websites or request sensitive information such as two-factor codes and passwords from you. If you are not certain or are suspicious about whether the email or telephone call you received is secure and from us or any trusted delegate appointed by us, please email us at [email protected] and we will be able to assist you.
( 21 ) By using our Platform and Service, you accept that it is your responsibility to determine whether and to what extent, any taxes apply to any transactions or trades you conduct through our Service. It is also your responsibility to seek professional tax advice with respect to personal, business and self-managed superfund accounts as well as to ensure that you are compliant and that the Platform and features satisfy your requirements. The Company does not provide any advice or take any responsibility for information that you receive through our Platform and Service.
( 22 ) These Terms and Conditions may at our discretion be translated into a language other than English. To the extent that you have been provided with a translation of these Terms and Conditions in a language other than English, the English language version of these Terms and Conditions 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.
( 23 ) In the event any updated Terms and Conditions are published and made available on the Platform, the updated Terms and Conditions prevail over all previous older versions.
( 24 ) If any provision of the Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining parts of the Terms and Conditions will be in full force and effect.
( 25 ) If we are unable to perform our Service as stipulated in the Terms and Conditions due to circumstances out of our control, including but not limited to, change of law, regulations or policy, or an event of Force Majeure, we will not be held liable.
( 26 ) A failure by us to act with respect to a breach by you or any third party does not waive our right to act with respect to subsequent or similar breaches.
( 27 ) We have the right to assign these Terms and Conditions in whole or in part to any person or business entity.
( 28 ) You may not assign your rights or delegate your obligations under these Terms without our prior written consent.
( 29 ) The Company uses a two-factor authentication process in order to verify your identity, maintain security and prevent any fraud. 

User’s Obligations

( 30 ) You warrant to us that you are a bona fide user of our Platform and Service for the purposes of trading Tokens. You are responsible for ensuring the security of the systems and devices that you use to access our Platform, including through the use of appropriate virus-checking and other security software. 
( 31 ) You must not:
( a )    engage in any restricted or criminal activities, including but not limited to:
( i )    terrorist financing;
( ii )    money laundering;
( iii )    illegal gambling;
( iv )    distributing or funding drugs and drug paraphernalia; and
( v )    malicious hacking;
( b )    knowingly or recklessly provide us with inaccurate or incomplete information through the Platform;
( c )    use our Platform and Service for the purpose of obtaining, processing, distributing, viewing, assessing, analysing, copying or replicating any information, methods or processes related to the Platform (including without limitation by way of data scraping, the use of collection or accumulation tools and robotic or scripted responses);
( d )    reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Platform’s source code, formulas or processes;
( e )    interfere with the security of the Platform or the safe use of the Platform by others (including without limitation by way of distributing viruses, corrupted files or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Website or its users);
( f )    use this Platform for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us);
( g )    knowingly or recklessly use and/or take advantage of a technical or technological error, loophole or glitch on our Platform and Service;
( h )    use the Platform or the information contained in it for commercial purposes which are competitive to the Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;
( i )    use systematic, repetitive or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Platform or which may otherwise place an unreasonable load on the infrastructure of the Platform;
( j )   publish, post, distribute, disseminate or send ‘spam material’ or engage in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive);
( k )   collect or store personal data about other users of the Platform; or
( l )   do anything else which may interfere with or negatively affect the operation of our Platform, Service or others users.
( 32 ) Any user of our Platform who violates or breaches our Terms and Conditions may have their membership and trading account terminated, as well as any pending transactions cancelled. You may also be held liable for any losses incurred by us or any other user of the Platform.
( 33 ) We encourage users to report any problems or vulnerabilities with our Platform and Service by submitting a support request on our Website or email us at [email protected] If you notify us in good faith, we will not restrict your use of our Platform or Service.

Trading and Using Your Account

( 34 ) By using our Platform and Service, you acknowledge that the Company is not responsible for any delays you may experience in sending and transferring Tokens to and/or from our Platform to other platforms, websites, users or wallets. These delays may be due to issues beyond the Company’s control, including issues with third party websites and platforms, wallets, congestion of the blockchain and the Company moving Tokens into a secure storage vault or platform.
( 35 ) In addition to buying, selling, converting and trading Tokens, you are only permitted to send your Tokens to another user, platform, website or to your personal wallet. Due to the evolving nature of the technology, any technical issues regarding the blockchain and use of the network are beyond the Company’s control and the Company reserves the right to cancel transactions you have initiated which are delayed beyond a reasonable time or lapse due to time delays. In such circumstances, you may need to execute the transaction again or at another time.
( 36 ) In the circumstance where you have received, acquired, or accumulated any funds or assets due to an error, glitch or loophole, the Company may take reasonable action, including but not limited to restricting access or deducting the funds from the Account, to recover the funds or assets from your account. We will notify you if such error has occurred and it is our right to recover the misappropriated funds or assets.
( 37 ) It is your responsibility to check your account on our Platform and monitor the movement of your Tokens including any pending, lapsed or cancelled through your transaction history and to re-execute any transactions which fail.
( 38 ) All deposits and withdrawals made are subject to the limits displayed on our Platform and Service. This amount may change from time to time due to the blockchain as well as the user demand, market activity and the price of particular Tokens.
( 39 ) All fiat deposits and withdrawals can only be made to and from a financial institution account held by the verified account holder.
( 40 ) During periods of market volatility, high volume trades, fast movement and illiquidity in the market, the market rate in which you buy, sell or trade Tokens may be different to the price indicated on our Platform and as such we will be unable to execute your order and will return the funds to your account. The Company is not liable for any price variation due to market volatility, market or technology disruptions, delays or any other matters that caused by things that are outside its control. The Company may reasonably decide not to execute a trade if the market rate significantly increases or decreases or in the event of a market disruption or other event which is outside its control and in such cases the Company may cancel your buy/sell order and return the funds into your account. the Company will exercise reasonable care to notify you of these events and when you receive a notification you must check your account and any pending or cancelled transactions.
( 41 ) As part of operating our Platform and Service, the Company may hold your funds or Tokens on different exchange platforms.

Transaction Fees

( 42 ) A transaction fee applies to all transactions where Tokens are purchased, sold or traded.
( 43 ) By using the Platform, you accept the transaction fee calculation and the transaction fee and acknowledge that we may adjust our transaction fees at any time. The Company will notify you of the transaction fees that apply to your transaction at the time of the transaction.
( 44 ) We reserve the right to delay, suspend or cancel a trade or transaction if there are technical reasons that prevent us from completing the transaction, or if the Company is unable to execute the transaction. This may be subject to reliance on a third party supplier, where we have reasonable belief that the trade is subject to illegal activity or fraud, technical difficulties or subject to a law enforcement action.

Termination

( 45 ) The Company may suspend, limit, restrict, deactivate or terminate your access the Platform and Service, including your Account without any prior notice, if:
( a )    you gain or attempt to gain unauthorised access to the Platform or another member’s Account;
( b )    there is a technical or operational difficulty;
( c )    you use the Platform in order to perform illegal or criminal activities;
( d )   your use of the Platform is subject to any pending investigation, litigation or government proceeding;
( e )   you fail to pay or fraudulently pay for any transactions;
( f )   we are unable to support your usage;
( g )   you breach any terms of this Terms and Conditions, Privacy Policy and/or any other rules implemented by the Company; 
( h )   you fail to comply with any notices/requests made by us for the purpose of our AML-CTF and KYC obligations; or
( i )   we receive a request from a law enforcement or government agency to do so.
( 46 ) You may cancel your Account at any time, following the settlement of any pending transactions or trades. You will not be charged any fees for cancelling your Account, however you must pay any outstanding amounts owed to us.

Indemnity

( 47 ) To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Company (and each of its associated entities, directors, officers, affiliates, employees, service providers, members, representatives and agents, collectively the “Indemnified Parties”) from and against all claims, demands, actions, suits, proceedings, liabilities, losses, damages, penalties, fines, expenses and costs (including reasonable legal costs awarded by a court) which arise out of or relate to:
( a )    your conduct and use of our Platform and Service;
( b )    your breach of these Terms and Conditions, the Company’s Privacy Policy, the Company rules and/or AML-CTF Policy;
( c )    your breach of any law, regulation or rule;
( d )    your violation or breach of the Company’s copyright, intellectual property, trade secrets, patents, trademarks, service marks or any other proprietary right under law;
( e )    any information that you provide to us via our Platform and Service; or
( f )    any damage that you may cause to our Platform and Service, to any user or any other person or entity.
( 48 ) This indemnity includes without limitation, liability relating to intellectual property rights, defamation and breaches of privacy.

Liability

( 49 ) To the maximum extent permitted by law, except as expressly set out in these Terms and Conditions, the Company excludes all conditions, representations, warranties and statutory guarantees, whether express or implied, in relation to the Platform, and the Company does not guarantee the quality, performance or fitness for purpose of the Platform and Service or the completeness, accuracy or currency of statements, representations and information of others (including without limitation data, reports and analyses) provided via the Platform and Service and the Company will not be liable to any person or entity for any direct, indirect, consequential or other loss, damage, liability, claim or expense (however caused, including due to negligence or breach of contract) which may arise out of, or in connection with, the use of the Platform and Service or the use of or reliance on information contained on or linked to the Platform and Service.
( 50 ) To the maximum extent permitted by law, the total aggregate financial liability of the Indemnified Parties to you, whether in contract, tort or statutory liability or otherwise, is limited to the re-supply of the Service provided on the Platform or payment of such re-supply.
( 51 ) We do not provide any warranty in relation to your use of our Platform and Service and we do not provide any warranty that the information displayed on our Platform and in relation to the Service is up-to-date, accurate or complete. Our Platform and Service does not provide information to evaluate whether or not you should invest, use and trade in Tokens. We give no warranties, guarantees or accept any liability (except that which cannot be excluded by law) in relation to the statements, representations and information of others (including without limitation data, reports and analyses) displayed on our Platform and in relation to the Service.
( 52 ) You should independently satisfy yourself as to the information provided through our Platform and Service. You agree to use our Platform and Service at your sole risk and at an “as is” basis.

Representation

( 53 ) If you agree to these Terms and Conditions, you represent to us that you:
( a )    are 18 years old or older; and
( b )    are capable of entering into a legally binding agreement.
( 54 ) You also represent and warrant that:
( a )    all information you have provided to us is correct and current;
( b )    you have the power and authority necessary to enter into the agreement formed under these Terms and Conditions and to perform the acts required under these Terms;
( c )    you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation anti-spam laws and any relevant data protection or privacy laws);
( d )    you have full legal title and ownership of the money you use to pay for your Order, and it is not obtained by fraud or theft;
( e )    you will not use any other account other than your own account, or access the account of another user or assist others in obtaining unauthorised access. If you use or obtain access to an account, other than your own, this will result in immediate suspension and possible termination of your account. Any pending transactions or trades will also be suspended;
( f )    you will not use the Platform for any illegal or improper purpose, including money laundering, tax evasion or the financing of terrorist activities;
( g )    you are not using an anonymous network such as TOR to access; and
( h )    you will not and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories.

Security

( 55 ) The Company securely stores private keys and other information in order to maintain the security and integrity of the system and the Company is committed to protecting users’ Tokens and other information it collects from you and holds in highly secure data centre operated by a third party. This has been independently audited by third parties. We ensure that your information is safe by managing access controls, such as identity, access management, permissions and security credentials. Access to personal information is only granted to an employee of us to carry out duties required to support our customers. Strong, multi-factor authentication is used and access is revoked when no longer required.
( 56 ) As part of the Company’s commitment to protecting your Tokens, all significant financial and trading transactions made by you from the Platform to another third party website, platform or user, as well as all fiat currency withdrawals from the Platform to your personal bank account, may be required to be performed using our two-factor authentication. Users may be required to implement and use two-factor authentication for all withdrawals and transactions to buy, sell and trade Tokens. It is your responsibility to implement such measures, programs and applications onto your computer and/or phone, such as Google authenticator.
( 57 ) Users are accountable for maintaining and preserving the confidentiality of their account information, personal information they provide to the Company, the strength level of the password, whether a two-factor authentication (unless otherwise stipulated in these Terms and Conditions) is implemented to protect their Tokens by using a digital wallet and any other activities it undertakes when using our Platform and Service. The Company recommends users implement and use two-factor authentication at all times when transacting on the Platform and a digital wallet to protect their Tokens as well as personal information when holding their Tokens outside the Platform. 
( 58 ) Users must notify the Company immediately of any unauthorised access or use of their account, password or any other applicable breach of our Platform and Service by submitting a support request on our Website.

Website Links

( 59 ) This Platform may contain links to other websites (Third Party Website) including their contents or information, and may also display content or information from these websites which have not been devised, verified or tested by us or any of our officers, employees or agents. These Third Party Websites are provided for your information only. We are not responsible or liable for the Third Party Website, any infringement of third party intellectual property rights as a result of hosting links to Third Party Websites on the Platform, nor endorse its accuracy or completeness. 
( 60 ) We are not responsible or liable for the handling, use or disclosure of any personal information collected by a third party (including information collected through a Third Party Website) and we are released from any liability resulting from the third party’s failure to handle, use and disclose your personal information in accordance with the Privacy Act 1988 (Cth).
( 61 ) We do not warrant, endorse, recommend, approve, guarantee or introduce any Third Party Website and/or any offer, product or service provided by them.
( 62 ) All statements, representations, offers, products or Service provided by/through Third Party Websites are the sole responsibility of the operator of the respective Third Party Website. We accept no responsibility for them or any of the content available, or for any loss or damage that may arise your use of them. Except where expressly stated otherwise, we do not act as agent, representative, partner or in any other capacity on behalf of such operator.
( 63 ) You may provide a link to the home page of our Platform at, on any website you operate, as long as you do not suggest any form of association, approval or endorsement on our part without our express prior permission and you promptly delete the link at our request. Except as set out in this clause, you may not link to our Platform.

Web Browser Cookies

( 64 ) The Platform may use cookies to enhance a user’s experience and through the user’s web browser place cookies on their computer’s hard drive for record-keeping purposes and occasionally to track information about them. The Platform may also use cookies to identify your computer on our server so that we can track your use on our Platform. In some instances, cookies may collect and store personal information about you. Such personal information will only be used by us in accordance with our Privacy Policy.

Intellectual Property

( 65 ) All information, graphics, data, prices, charts, video, audio and any other material (Platform Material) displayed on or available on the Platform, and all the underlying source code and software, is owned or used under license by us, except where expressly stated in these Terms and Conditions or elsewhere on the Platform. We may update and change the Platform Materials and/or any other intellectual property, available on our Website and/or Platform, including by removing such materials, at any time in our discretion without notice to you. 
( 66 ) This Platform, all Platform Material and any intellectual property which vests in either of them is protected by copyright. You may download and print content from this Platform for your own personal or internal business purposes only. You must not publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of information on this Platform without our prior written consent or otherwise do anything which would infringe our intellectual property rights in the Platform or the Platform Material.
( 67 ) All trademarks, registered trademarks, product names, logos and company names mentioned on this Platform are either owned by us or are displayed under licence or with permission from the owner. Those third-party marks, logos and names remain the property of their respective owners.
( 68 ) Reference on the Platform to any companies, products, Service, branding, offers or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us or the respective trademark owner.

Privacy

( 69 ) Any personal information we collect about you via this Platform will only be managed, used and disclosed by us in accordance with our Privacy Policy.

Jurisdiction and Governing Law

( 70 ) These Terms and Conditions will be governed by and construed in accordance with the laws in force in the State of New South Wales, Australia (NSW).
( 71 ) Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of NSW for determining any dispute concerning this Terms and Conditions.

Dispute Resolution

( 72 ) The procedure set out below must be followed in relation to the resolution of any difference or dispute (Dispute) which arises out of or in connection with these Terms and Conditions. 
( 73 ) Within five (5) business days after the Dispute arises, each party must prepare a statement setting out that party’s position on the Dispute and its reasons for adopting its position. Each party must give each other party a copy of that statement. Each other party must consider the statement and must then do their best to resolve the Dispute. 
( 74 ) If agreement is reached on a means of resolving the Dispute, the parties must jointly execute a statement setting out the terms of that agreement at the cost of the party who raised the Dispute. The parties must then take all actions reasonably necessary for that agreement to be put into effect.
( 75 ) If the Dispute is not resolved within twenty (20) calendar days after the statements are due to be delivered, it must be referred to a mediator nominated by the President of the Law Society of NSW. The costs of the mediation must be paid by the party who raised the Dispute. However, any cost of legal or other representation must be borne by the party that engages the relevant legal or other representation.