( a ) you gain or attempt to gain unauthorised access to the Platform or another member’s Account;
( 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;
( 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.
( 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;
( 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.
( 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.
( 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.
( 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.
( 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
( 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.
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.
( 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.