Agreement
By accessing and/or using our platform and any related services, including this website (“Site”), you agree to these Terms and Conditions, which include our Privacy Policy (Agreement). You should review our Privacy Policy and these Terms carefully, and immediately cease using our Platform and Site if you do not agree and accept these Terms.
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Interpretation
In this Agreement:
“Platform” means the cryptocurrency exchange owned and operated by bitpos that allows you to exchange between Australian currency and different Tokens.
“Agreement” has the meaning in clause 1.1;
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth);
“Business Day” means 9:00am – 5:00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in New South Wales , Australia;
“Consumer Guarantee” has the meaning given in Division 1 of Part 3-2 of the Australian Consumer Law;
“Customer” means a person who has registered for an account with us and who uses our Platform services, or any other service offer on our Site;
“Intellectual Property” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site;
“Privacy Policy” means our privacy policy available on our Site;
“Services” means the services listed or advertised on the Site;
“Site” has the meaning in clause 1.1;
“Token” means a unit of distributed digital currency commonly referred to as “cryptocurrency”, such as Bitcoin, Ethereum or USDT tokens; and
“you” or “your” means the person accessing, using or relying upon the Platform or Site and includes, when applicable, the Customer.
Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.
Account Registration
You must register and create an account to use the Platform and our Services (“Account”).
To register for an Account, you must provide a valid email address so that we can conduct verification of your identity. Registration is free. If you do not provide accurate and complete details, you may not be able to access the Platform.
On signing up, you will receive a verification link by Email. You will need to click this to verify your account registration details.
You may not use one email address to register for multiple Accounts. You must not hold more than one Account at the same time.
You agree that you have sole responsibility for any activity that occurs on or using your Account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your Password or Account.
We may, in our absolute discretion, terminate your Account, disable your Account or restrict your access to the Site (temporarily or permanently) where you have breached the Agreement or for any reasonable reason and at any time. Under these circumstances, you may be prevented from accessing all or parts of the Site, your Account details, our Platform or any other content associated with your Account. We will not be liable to you or any third party if this occurs. We may impose limits or restrictions on the use you may make of the Site. Further, we may, for any reason, at any time and without notice to you, withdraw the Site, or change or remove Site functionality.
Usage
By accessing or using the Platform, you represent and warrant that you are at least 18 years old and have not previously been suspended or banned from using BP’s products or services.
You represent and warrant that you will not use our services, products, Site or Platforms for any illegal activity, including but not limited to illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data or the financing of terrorism, or other violent activities. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
You represent and warrant that you have reviewed these Terms and that you fully understand these Terms.
5. Risk Disclosure Statement
BP provides an execution-only service and does not advise on the merits of any particular transactions or their tax consequences. As a general matter, you should be aware of the following prior to utilising our Platform.
Each Token has a unique feature set that makes it more or less likely to fluctuate in value. Factors beyond BP’s control may affect market liquidity for a particular Token, such as regulatory activity, market manipulation, or unexplainable price volatility. Networks may go offline as a result of bugs, hard forks, or a number of other unforeseeable reasons. BP does not assume the risk of any losses or any activity due to factors beyond its reasonable control regarding the viability of specific blockchain networks. Speculating on the value of Tokens is high risk and you should never trade more than they can afford to lose.
Tokens are often described in exceedingly technical language that requires a comprehensive understanding of applied cryptography and computer science in order to appreciate inherent risks. Selling a Token on through our Platform does not indicate approval or disapproval of the underlying technology regarding any Token and should not be used as a substitute for your own understanding of the risks specific to each Token. BP provides you with no warranty or representation as to the suitability of any Tokens purchased under these Terms and assume no legal or fiduciary duty in our relations or dealings with you.
In entering into any transaction on our Platform, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of the transaction and the underlying Tokens. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any transaction or any underlying Token.
. You agree that BP is not responsible for determining whether or which laws may apply to any of your transactions, including tax law. You are solely responsible for reporting and paying any taxes arising from your use of our Platform.
Networks may experience sophisticated cyber-attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions. You understand that the crypto networks and/or the Platform may experience operational issues that lead to delays on transactions, including the sending and receiving of Tokens. You agree to accept the risk of transaction failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks. You also agree that we are not responsible for any network delays related to the sending and receiving of Tokens. You agree to not to hold BP accountable for any related losses.
If at any point BP or any of its representatives do provide market commentary, or any other information, the act of doing so is incidental to your relationship with us and imposes no obligation of truth or due diligence on behalf of BP or its representatives.
Applicable law, regulation, and executive orders may require BP to, upon request by government agencies to provide information regarding your usage. Further, our recordkeeping and customer verification of information process, policies and procedures are subject to change at any time as required by law or industry practices. We must comply with the law and you accept any inconveniences to you or other consequences resulting from our compliance.
Token transactions may not be reversible. Once you send Tokens to an address, you accept the risk that you may lose access to your Tokens indefinitely. For example, an address may have been entered incorrectly and the true owner of the address may never be discovered, or an address may belong to an entity that will not return your Tokens, or an address belongs to an entity that may return your Tokens but first requires action on your part, such as verification of your identity.
Collection Notice
We collect personal information about you in order to process your registration, comply with our legal obligations and for purposes otherwise set out in our Privacy Policy on our Site.We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you.Our Privacy Policy explains:
how we store and use, and how you may access and correct your personal information; how you can lodge a complaint regarding the handling of your personal information; and how we will handle any complaint.
If you would like any further information about our privacy policies or practices, please contact us at info@bitpos.com.au.
By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.
Accuracy, completeness and timeliness of information
The information on our Platform is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Platform, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on our Platform. You should monitor any changes to the information contained on our Site.
We are not liable to you or anyone else if there is third party interference with or loss to your Tokens occurs in connection with the use of our Platform.
We may, from time to time and without notice, change or add to these Terms or the information, products or services described in it.
Promotions and competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
Purchases of Tokens
In Australia, our goods and services may come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian competition and consumer act and other laws.
Any and all other warranties or conditions which are not guaranteed by the Australian consumer law or the Competition and Consumer Regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty.
We are not liable to you or anyone else if the value of any Tokens goes up or down. Tokens are inherently volatile and high risk.
Operating our Platform and correctness of customer information
The control and operation of any information in relation to any wallet, public or private key, or digital address and the selection of any Token is at your absolute discretion and remains always your absolute responsibility. BP cannot and does not offer or purport to offer any service that checks, verifies or confirms the accuracy of any wallet, public or private key, or digital address or any of the information that you provide. All information that you provide remains your absolute responsibility and you agree and acknowledge and accept this.
BP cannot and does not accept any responsibility for the accuracy of the information provided by you and cannot and does not give any representations or warranties in relation to any activity that occurs once any funds are sent to any wallet or digital address.
Once your information is broadcast to the relevant blockchain, any BP to pay you is satisfied and you agree, acknowledge and accept that.
Rates of costs and fees
All rates are clearly posted before entering into any transaction with BP. Any transaction rate that that is shown on another website or feed or offered by any third party is beyond the reasonable control of BP.
We may charge network fees to process any transaction on your behalf. We will calculate the network fee at our discretion, although we will always notify you of the network fee at or before the transaction. From time to time, we may deem network fees to be uncommercial which may result in a delay processing your Tokens. You acknowledge and agree that in those instances we are not liable for any delay in sending or processing Tokens.
At the transaction confirmation stage of the transaction using our Platform (Exchange Point), you are notified that you will receive a certain number of Tokens and the applicable exchange rate for the transaction. The Exchange Point value is the only value of exchange to apply to the transaction and by proceeding with a transaction, you acknowledge and agree that this is the correct exchange rate.
In situations where you have sent BP the wrong amount, or sent funds to the wrong address or you have not provided enough information about a transaction to assist BP to work out where you sent it or what went wrong, this may result in delays or loss of funds. BP reserves its rights to recover any network fees in sending a refund. Depending on the blockchain the network fee may be larger.
Linked sites
Our Site may contain links to other websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained.
Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
Intellectual property rights unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) on our Platform and in all of the Material (including all text, graphics, logos, audio and software) made available on our Platform (Content). Your use of our Platform and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to our Site or the Content. However we do grant you a license
to access the website and view the Content on the terms and conditions set out and, where applicable, as expressly authorised by us and/or our third party licensor.
Any reproduction or redistribution of our Platform or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of our Platform, the Content or any part of it is prohibited, except to the extent permitted by law.
Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our products and services, including but not limited to:
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual’s consent) or any other of the legal rights of individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
any interference with any of our other customers contrary with the business activities of BP;
posting or transmitting to this Site or our Platform any non-authorised Material including, but not limited to, Material that is, in our opinion which is detrimental to or in violation of our systems or a third party’s systems or network security.
BP reserves the right to refuse the supply of services and use of its Platform in its absolute discretion. BP may report any actions or inappropriate behaviour to the relevant authorities and take other legal actions at its absolute discretion. This clause does not limit BP’s other rights under law in any way.
Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about our Platform or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that our Platform will be 100% secure.
We reserve the right to restrict, suspend or terminate without notice your access to our Platform, any Content, or any feature of our Platform at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
Liability
To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Platform and/or the information or Materials contained on it, or as a result of the inaccessibility of our Platform and/or the fact that certain information or Materials contained on it are incorrect, incomplete or not up-to-date.
Jurisdiction and governing law
Your use of the Platform and these Terms are governed by the law of Australia and New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.
We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Site.
Although we do our best to provide the most up-to-date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.
Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.
A failure or delay by us to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.