By using this website (“Site”), and further by registering to use our services (“Digital Asset Services”) and/or our Platform or Materials (each as defined below), you (“User, The User, You or Your”) are agreeing to accept and comply with the terms and conditions of use stated below (“Terms or Terms and Conditions”). Users should read the entire Terms and Conditions carefully before using this Site or any of the Digital Asset Services. As used herein, “We”, “Us”, “Ours”, “Mine Digital” and “The Company” refers to the company ACCE Australia Pty Ltd (ABN 52 627 188 318) (trading as Mine Digital), including without limitation thereby, its owners, directors, investors, employees or other related parties or related bodies corporate. Depending upon context, “The Company” may also refer to the services, products, Site, content or other materials (collectively, “Materials”) provided by The Company. The Digital Asset Services operated by The Company allows buyers and sellers to buy, sell and transfer digital currency and cryptographic tokens (“Digital Asset(s)”)through its online platform (“Platform”). Digital Assets currently offered on the Platform include; Bitcoin (BTC), Ethereum (ETH), Litecoin (LTC), Bitcoin Cash (BCH), and Chainlink (LINK).
Depending on The User’s country of residence, The User may not be legally permitted to use all (or any) of the functions of the Site or the Platform. Users acknowledge that they will not use Our Digital Asset Services if any applicable laws in their country exclude The User from doing so in accordance with these Terms and Conditions. The fact that the Site or the Platform is accessible in a User’s jurisdiction, or that the Site or the Platform uses the official language of The User, must not be construed as a right to access the Site or the Platform in such a jurisdiction. Please note that even if the User resides in a country where the services and functions of the Site and or Platform are legal, they may not necessarily be granted a right to the Platform given that The Company assess’ all users on an individual basis.
Acces to the our Platform and use of Digital Services is subject to You being at least 18 years of age and having legal capacity to enter into binding contracts, and not having been previously denied access to our Platform or Materials. If You are representing an entity, company or business (other than yourself as an individual), You represent and warrant to Us that you have authority of that entity, company or business, that it has the power to enter into these Terms and Conditions. You must disclose to Us that your accessing our Platform in that capacity and provide all information required by Us in relation to such entity, company or business.
We explicitly restrict Users who are located in, under the control of, or a national or resident of: (i) the Bahamas, the Balkans, Belarus, Burma, Botswana, Cambodia, Cote D’Ivoire (Ivory Coast), Cuba, Democratic People’s Republic of Korea (DPRK), Democratic Republic of Congo, Ethiopia, Ghana, Iran, Iraq, Liberia, Pakistan, Serbia, Sri Lanka, Sudan, Syria, Trinidad and Tobago, Tunisia, Yemen and Zimbabwe, or any other country or region that becomes subject to financial sanctions under Australia law, or by UN resolution, or is subject to financial sanctions imposed by the United States government; or (ii) any person identified as a “Specially Designated National” by the United States Office of Foreign Assets Control, or subject to an equivalent designation by the Australia government or the United Nations.
Furthermore, Users acknowledge that they are legally competent and able to enter into a binding contract and have not previously been refused access or use of Our Materials and have the full power and authority to enter into these Terms.
The activity of holding and trading Digital Assets involves significant risk. Prices can, and do, fluctuate on any given day, and the value of Digital Assets is affected by factors outside of Our and Your control. Due to such price fluctuations, Users may increase or lose value in Digital Assets they hold at any given moment. Digital Assets may be subject to substantial and potentially very sudden changes in value, and there is a possibility that they may lose their value all together. Digital Assets are not recognised as legal tender in Australia and other parts of the world, and are not regulated by any central government authority. You acknowledge and accept these risks, and you warrant to us that you understand the risks involved in buying and selling Digital Assets and that you do so at your own risk.
You warrant to us that you have obtained your own independent legal and/or financial advice in relation to our Digital Services and Platform. It is your responsibility to check your Account and monitor any movements in the value of your Digital Assets, including in relation to any pending, lapsed, failed or cancelled orders.
We do not provide any specific investment advice. Any recommendations, research, signals or other information that we provide in relation to Digital Assets is general information only and based solely on the judgment of our personnel or relevant third party providers and is not financial advice specific to You, and does not take into account Your personal circumstances. We, or our employees, officers, agent and/or service providers may also invest or take positions on Digital Assets, which may be contrary to the position contained in any information distributed by us, and/or contrary to positions you may take in relation to such Digital Assets. All trading in Digital Assets is at your own risk.
Given the nature of Digital Assets, once a transaction has been accepted and confirmed by the network We are unable to reverse, amend, modify or cancel that transaction. For a Digital Asset transaction to be verified there is a period that is spent waiting for the transaction to be confirmed by the Digital Asset network. The period a transaction takes to be verified is contingent on several factors and can vary significantly. Users should not rely upon or expect that transactions on the Platform will be verified within a set time frame. A transaction on the Platform is not complete until this verification has been complete, and transactions will not be reflected in The User’s Digital Asset balance until complete.
Digital Assets possess several idiosyncratic risks not common to other assets and it is important that Users acknowledge and understand these. You acknowledge and agree that:
Digital Asset trading also has additional risks not identified in these Terms. Before making a decision to use the Site, Platform or Digital Asset Services, The User should carefully assess whether their financial situation, objectives, needs and tolerance for risk is suitable for buying, selling or trading Digital Assets.
Unless otherwise specified, all Materials on this Site are the property of The Company and are protected by copyright, trade mark and other applicable laws. The User may view, print or download a copy of the Materials from this Site on any single computer solely for The User’s personal, informational, non-commercial use, provided The User keeps intact all copyright and other proprietary notices.
This Site and the Platform are for The User’s personal and non-commercial use only. By registering with The Company, The User agrees to provide The Company with current, accurate, and complete information about The User as prompted by the registration process, and to keep such information updated. The User further agrees that only The User is authorised to access and use its Account, The User will not use any Account other than The User’s own or access the Account of any other User at any time, or assist others in obtaining unauthorised access.
The creation or use of Accounts contrary to these Terms without obtaining the prior express permission from The Company will result in the immediate suspension of all such Accounts, as well as all pending purchase or sale offers. Any attempt to do so or to assist others (Users or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such Users being terminated. Termination is not the exclusive remedy for such a violation, and The Company may elect to take further action.
Users are responsible for maintaining the confidentiality of their Account information, including their password, safeguarding Digital Assets, and for all activity including transactions that are posted to The User’s Account. If The Company reasonably believes there is suspicious activity related to The User’s Account, The Company may, but is not obligated to, request additional information from The User, including authenticating documents, and to freeze any transactions pending The Company’s review. The User is obligated to comply with these requests or accept termination of The User’s Account. Any User who violates these rules may have their Account and access to the Platform terminated, and thereafter be held liable for losses incurred by The Company or any User of the Site or the Platform.
The User must not use this Site, the Platform or the Digital Asset Services in any way that causes, or may cause, damage to the Site, the Platform or the Digital Asset Services or the business of The Company, including undertaking any act or omission that causes, or may cause, disruption or impairment to the availability or accessibility of the Site, the Platform or the Digital Asset Services. If The User becomes aware, or should reasonably be aware, of any request or demand made of The User to engage in any act or conduct by which The User or a third party gains unfair or undue financial or other advantage, including but not limited to dishonest or corrupt conduct, or any conduct in breach of any anti-corruption law applicable to the Site, the Platform or the Digital Asset Services, then The User must promptly report any such circumstances, act or conduct to The Company in writing by email to [email protected] The User must not use this Site, the Platform or the Digital Asset Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
The Company facilitates transactions on the Platform via an orderbook. Users (once verified by The Company) enter instructions and these are completed in line with the conditions set by The User. A transaction will take place if the matching engine can satisfy the requirements set by both the buyer and seller. The Company does not favour or discriminate between instructions. The User acknowledges that there are several factors which affect the probability of an instruction being executed, including but not limited to, time of instruction, order type, price and volume.
Once an instruction has been matched, the transaction is considered final and confirmed when the requisite number of confirmations on the relevant blockchain has been reached. The number of confirmations differs per blockchain. The User acknowledges that once an instruction is matched and the transaction is confirmed, it is irrevocable. The User further acknowledges that it will hold sufficient deposited currency or Digital Assets in its Account at all times to meet obligations arising from any transaction or to pay any fees or commission contemplated below.
The User represents and warrants that:
The Company may offer additional security features as part of the Site or the Platform, such as two-factor authentication. It is The User’s responsibility to ensure and maintain continuous security and control over any device or account that gives access to the Site, the Platform and The User’s Account. Failure of any such device or account may delay or restrict The User’s access to the Site, the Platform or The User’s Account.
The User will not:
The User is responsible for any tax liability arising from trading activities and will indemnify The Company where The Company is obliged to pay tax on behalf of The User in respect of The User’s Account or any Digital Asset held, bought or sold by The User.
The User authorises The Company (including where necessary as The User’s agent) to:
For the avoidance of doubt, Digital Assets are held by The Company on a User’s behalf and The Company holds legal title to the Digital Assets. The User is the beneficial owner of the number and type of Digital Assets which are recorded in The User’s Account. The Company will maintain strict procedures to ensure that the correct number of Digital Assets is recorded as the property of the relevant User, as well as adopting reasonable security measures to reduce the risk of Digital Assets being misused, misplaced, misappropriated or stolen.
The Company in its absolute and sole discretion may:
The Company represents and warrants that:
The Company may, without prior consent of The User, assign, transfer, charge, sub-contract or deal (“Assignment”) in any other manner with all or any of The Company’s rights or obligations under these Terms to a subsidiary or affiliate at any time. For the avoidance of doubt, such Assignment shall release The Company from its obligations under the Terms. The assignee will assume the obligations of The Company under the Terms from the date the Assignment is effective.
The Company does not warrant or represent that:
The Company does take reasonable measures to ensure the Platform and all The Company’s systems are secured and protected against attacks. The Company, in its absolute and sole discretion, may engage a liquidity provider to facilitate and maintain availability of Digital Assets and the stability of trading on the Platform from time to time, process large transactions on the Platform and be a User of the Platform. In the case of fraud or other suspicious activities, The Company will report all necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law.
The User acknowledges that The Company may charge fees in respect of the Account (“Fees”) and commissions on transactions (“Commissions”). Such Fees and Commissions are set out on the Site and may be updated from time to time by The Company. Any updated Fees and Commissions apply from the date that the updated Fees and Commissions are set out on the Site. The Company will endeavour to notify Users through their Accounts and associated email addresses at least five business days in advance of any effective date of proposed changes to Fees or Commissions, but there is no guarantee that we will do so and it is The User’s responsibility to ensure that at all times it is aware of the up-to-date Fees and Commissions applicable as set out on the Site.
The Company is authorised to deduct from the proceeds of any transaction or from a User’s Account the Commission payable in respect of any transaction and any other Fees or Admnistration Fes levied upon The User’s Account under these Terms.
The User may deposit any currency into their Account by way of direct bank transfer or BPAY. Deposits made via BPAY are subject to the BPAY terms and conditions, including any fees levied by BPAY. Deposits and withdrawals of deposited currency made by way of bank transfer are subject to the relevant bank’s transfer terms and conditions, timing and processes and Users should allow for these when making or requesting such transfers.
Deposits and withdrawals of Digital Assets are made within the Platform. Upon opening an Account, the Platform designates a Digital Asset deposit address for each User, which is specified by reference to Digital Asset type. Users should not disclose their designated deposit address to any other person other than when transferring Digital Assets to or from their Account. For security reasons, a new deposit address is issued for each Digital Asset transfer.
You are responsible for ensure that at all times there are sufficient funds in your Account to cover any applicable fees or commission payable under these Terms and/or the consideration payable in respect of any purchase of Digital Assets. The Company is authorised to deduct from a User’s Account the amount of any consideration payable in respect of a purchase of Digital Assets.
The User may terminate these Terms with The Company, and close their Account at any time, following settlement of any pending transactions on the Platform and other amounts owing or payable to The Company under these Terms, including amounts contingently owing or payable.
The User agrees that The Company may at any time, by giving notice in writing, in its sole discretion terminate or suspend the User’s access to any or all of the Site, the Platform, Digital Asset Services and to their Account. The Company is not required to provide any explanation or reason for termination or suspension. However, the reasons and circumstances which The Company may in its discretion suspend or terminate Accounts of Users, include (but are not limited to) the following:
Without limiting any of the foregoing, The Company’s current policy is to terminate any unconfirmed or unverified Users after a period of 6 months if that User has not completed our customer verification process as outlined in the ‘Identification & Document Verification Service’ section below.. Without limitation any of the foregoging, The Company’s current policy is to designate (in the Company’s sole and absolute discretion) a User’s Account as an “Inactive Account” if that User has not undertaken any activity (including but not limited to Account login) for a period of 12 months or more, and if so designated then the Company may charge The User of that Inactive Account an administrative fee of 25 Australia dollars (AUD 25.00) per month (“Administrative Fee”). The Company may debit the Administrative Fee from Inactive Account. The Company may, without notice to The User, elect to convert any remaining assets in the Inactive Account into another form of asset at the then-prevailing rate of conversion of those assets for the purpose of the debiting the Administrative Fee.
Upon notice of termination of The User’s Account, unless prohibited by applicable law or by any court or other order to which The Company is subject to in any jurisdiction, The User must immediately transfer their Digital Assets or fiat currencies out of their Account to an account with a third party that has been verified by The Company. The Company must use reasonable endeavours to verify a third party account within 10 business days of The User providing The Company with the necessary information to do so. If within 120 days of the closure of The User’s Account The User does not comply with any requests from The Company in relation to verifying The User’s third party account to which it has been instructed to transfer Digital Assets or fiat currency, or The Company is unable to, or not legally permitted to, transfer The User’s Digital Assets or fiat currencies to The User’s nominated third party account despite using reasonable endeavours, The Company will have sole discretion to transfer The User’s Digital Assets and fiat currency from The User’s Account, provided that such Digital Assets and fiat currency will be held on trust for The User and at The User’s reasonable expense.
Notwithstanding any suspension or termination of The User’s Account, The User remains liable for all Fees and Commissions and/or Administative Fees payable in respect of The User’s Account or any transaction entered prior to the suspension or termination. The Company is authorised to deduct from any amounts from The User’s Account (whether as Digital Assets, Australia dollars or other accepted fiat currency) any amount payable by The User to The Company, including as Fees, Commission and/or Administrative Fees.
In the event we terminate the User’s Account and/or suspend access to the Platform, the User releases us from all liability, loss or claims suffered by the User as a result of or arising out of such termination or suspension.
The Company reserves the right to request identification information (such as driver’s licence, identity card, invoices, government issued photographic identification, utility bills, residential certificate, signed certification of cohabitation, or similar, banking information), in certain cases certified documents may be requested. Requests and instructions may be frozen until the identity check has been considered satisfactory by The Company in accordance with its obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and The Company’s AML/CTF program and policy.
The Company uses a DVS to aid in the customer ‘know your client’ KYC process. The User must consent that they are authorised to provide the personal details presented and consent to The User’s personal information being checked with the document issuer or official record holder via third-party systems for the purpose of confirming their identity. The User acknowledges and accepts that The Company will use the information The User provides during the registration process to properly identify The User (or beneficial owners, where relevant).
We provide access to specific data and information through Our API (Application Programming Interface) or through widgets (further information can be found in the Site). We also may provide widgets for The User’s use to put Our data on Your own website. You are free to use these in their original unmodified and unaltered state.
Nothing on the Site or the Platform is intended to be or should be taken as financial, legal or taxation advice or a recommendation to use our Platform, our Digital Asset Services or to trade in Digital Assets. Users should seek their own financial, legal, tax and accounting advice before making any decisions with respect to use of the Site, Platform, any Digital Asset Services and trading in Digital Assets.
The User indemnifies and agrees to hold harmless The Company and each of its directors, officers, shareholders, advisers, consultants, agents and contractors (each a “Company Indemnitee“) against all losses, liabilities, costs, claims, damages, expenses, proceedings, expenses or demands (including third party claims) (“Losses”) which may be incurred or suffered by The Company or a Company Indemnitee directly or indirectly arising out of:
For the avoidance of doubt, such Losses may include but are not limited to legal fees incurred in defending or responding to such Losses.
This indemnity will apply regardless of whether an instruction or transaction was entered in error but will not apply to the extent that Losses were incurred or suffered by The Company or a Company Indemnitee due to its own fraud or willful default.
Neither party will be liable for loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, loss of Digital Assets or deposited currency or any other direct, indirect or consequential loss to any person except to the extent the loss is directly caused by a party’s fraud or willful default.
The Company’s aggregate liability in respect of claims based on events arising out of or in connection with a User’s use of the Platform, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of either:
Commentary regarding The Company via the Site, the Platform and other avenues may include commentary and information on Digital Assets, the market for Digital Assets, uses for Digital Assets and other information, interactive tools, quotes, reports and data concerning Digital Assets and trading in Digital Assets and other subject matter. Some of this information may be supplied by entities not affiliated with The Company (“Third Party Information”). The Company will use reasonable endeavours to identify and attribute all information sourced from third parties.
The Company does not explicitly or implicitly endorse or approve the Third Party Information. While The Company takes reasonable steps to ensure that the Third Party Information on its website is correct and up to date, The Company does not verify or validate such information and takes no responsibility for its content or any consequence of any person placing reliance on the Third Party Information.
Where the Site or the Platform contains links to other websites and resources provided by third parties, these links are provided for The User’s information only. The Company has no control over the content of those websites or resources and accepts no responsibility for them or for any loss or damage that may arise from The User’s use of them.
The Company reserves the right to use its own discretion when deciding to support or not support any new Digital Asset resulting from the fork of a blockchain. Users are advised to withdraw a Digital Asset to an address under their own control prior to a fork if they wish ensure that they will have access to any resultant Digital Assets.
If We are unable to provide the Digital Asset Services outlined in these Terms, or the Platform is inaccessible at any times due to factors beyond Our control including but not limited to an event of force majeure, act of God, changes in law or economic sanctions, We will not have any liability to You with respect to the Digital Asset Services provided under these Terms and for the concurrent time period of the relevant event.
The Company may revise these Terms at any time by amending this Site. The Company will endeavour to (but does not guarantee that it will) notify The User in advance through The User’s Account and associated email address, and in any event any revised terms are effective on and from the date that is 30 days after the relevant revised terms are disclosed on the Site. It is The User’s responsibility to ensure it is always aware of the most recent up-to-date Terms. By continuing to access this Site, the Platform or the Digital Asset Services once the revised terms have become effective, The User agrees to be bound by the revised terms. In the event that The User does not agree to the revised terms, or reasonably believes the revised terms are, or are likely to be, materially detrimental to them, The User must not access this Site, the Platform or the Digital Asset Services and should contact The Company at the following email address to close their Account: [email protected] Notwithstanding any of the foregoing, The Company may amend the Terms at any time with immediate effect by publishing the same to the Site if required to do so in order to comply with any applicable law or regulatory requirement.
The trade marks, service marks and logos of The Company and others used in this Site (“Trade Marks”) are the property of The Company or their respective owners. The software, text, images, graphics, data, prices, trades, charts, graphs, video and audio used on this Site belong to The Company. The Trade Marks and Material should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, whether manual or automated. The use of any such Materials on any other Site or networked computer environment for any other purpose is strictly prohibited, and any such unauthorised use may violate copyright, trade mark and other applicable laws and could result in criminal or civil penalties. The Company may take any action available in law or equity to protect its intellectual property and to remedy any breach or potential breach of its rights, including by seeking an injunction to prevent a breach of its rights.
If we reasonably consider that an error has occurred in relation to funds or Digital Assets in your Account, including where that error relates to a software or processing glitch or loophole, The Company may take action as it considers appropriate to reverse or correct the effects of such erorr, including by deducting funds from your Account and/or reversing transactions.
Any of our obligations to You will be suspended during the time and to the extent that we are prevented from or delayed in complying with that obligation due to a Force Majeure. We exclude (and Your hold us harmless from) all liability, loss or claims to the extent caused or contributed to by a Force Majeure. For the purposes of this provision, Force Majeuere means a circumstance beyond our reasonable control which occurs without out fault or negligence, and includes without limitation an act of God, inevitable accident, storm, flood, fire, eqarthquake, strike, lock-out, boycott or other industrial dispute, act of terrorism, executive or administrative order by a governmental body, prohibition of foreign or domestic laws and payment or banking system failure or error.
If you have any complaints about Digital Services or our Platform, or any dealings you have with The Company, The Company will consider your complaint without prejudice based on the information you have provided, and any information provided by relevant third parties.
Within 45 business days of our receipt of your complaint The Company will address all points raised in your complaint by sending you an email (“Resolution Notice”) in which The Company will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution.
Both parties acknowledge that, in entering into these Terms, neither party relies on nor has any remedies in respect of, any statement, promises, assurances, warranties, representations or understandings (whether oral or written, and whether made innocently or negligently) made by or on behalf of the other that are not set out in these Terms.
Both parties also agree that neither party shall have any claim for innocent or negligent misrepresentation based on any statement or representation made by the other party, save that nothing in these Terms shall limit or exclude any liability for fraud.