This agreement is between you (“you“, “your“, “yourself“, “user“, “users“) and the Company. As used herein, the Company (“Company“, “we“, “us“, “our” refers to Global Internet Ventures Pty Ltd (ABN 82 160 820 315) trading as buyabitcoin.com.au.
By accessing and using this website (“Site“) and/or the Company’s Services, you agree to accept and comply fully with the terms and conditions of use in this agreement (“Terms“). You should read the entire Terms carefully before you use this Site and/or Services.
We provide the buying and selling of cryptocurrencies e.g. bitcoin (“Services“). An order means a user’s instruction to buy or sell cryptocurrencies (“Order“).
IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OUTLINED IN THIS BINDING LEGAL AGREEMENT, DO NOT ACCESS OR USE OUR SITE AND SERVICES.
To be eligible to use our Services, you must be at least 18 years old and reside in a country in which our Services are available.
The buying and selling of cryptocurrencies involve significant risk and requires a heightened level of security precautions by users. Prices can and do fluctuate and due to such price fluctuations, you may increase or lose value in your assets at any given moment.
Further, the purchase of cryptocurrencies is not akin to purchasing other currencies, where a legal entity such as a government backs the currency, there is no legal entity that regulates cryptocurrencies. Rather, cryptocurrencies rely on blockchain technology to safeguard your assets and their movements. In the event of a crisis, there is no entity that will protect the cryptocurrency market to minimise investor losses.
You should carefully assess whether your financial situation and tolerance for risk is suitable for buying and/or selling cryptocurrencies.
3. USER REPRESENTATIONS & UNDERTAKINGS
You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Services in accordance with these Terms, and to fully perform your obligations hereunder;
You acknowledge that you are solely responsible for complying with applicable laws regarding use of the Services, or any other interaction and/or transaction you make through or in connection with the Services, including the determination of whether an Order complies with the laws of the jurisdiction applicable to you;
To meet customer due diligence obligations, we may also require you to supply further information and additional documentation in order to fulfil your Order. You authorise us, directly or through third parties, to make any inquiries we deem necessary to validate your identity. We reserve the right to maintain your information after use of our Services for business and regulatory compliance purposes;
You acknowledge and agree that it is solely your responsibility to check and confirm that the wallet address is correct and any mistakes resulting in cryptocurrencies being credited into an incorrect or unintended wallet address, thereby causing you loss, is entirely and exclusively yours and the Company is not responsible or liable for the loss;
You further acknowledge and agree that if the wallet address is on an exchange, then the exchange’s terms and conditions and any other relevant policies, govern how and when the cryptocurrencies will be credited to your exchange account. We are not liable if the exchange decides to, for any reason, reverse, reject or otherwise prevent the cryptocurrencies from being credited to your exchange account;
You acknowledge and agree that payment for Orders will be made within the specified time limit;
You acknowledge and agree that all concluded Orders are irreversible i.e. cannot be cancelled or reversed;
You acknowledge that any fiat currency and cryptocurrencies used by you in connection with the Service belongs to you and is derived from legal sources;
You acknowledge and agree that you will not use the Services to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, malicious hacking or any criminal or illegal activity; and
You acknowledge and agree that you a solely responsible for taking all reasonable steps to protect your cryptocurrencies, wallet, computer, software, bank account, address and personal date against theft, fraud, hacking or any criminal or illegal activity.
4. REFUSING AN ORDER
We reserve the right, in our sole and absolute discretion and without liability to you or any third party, to refuse any Order at any stage of the Order process. If you have already transferred funds and we refuse the Order, we will refund the payment to you in full.
5. ACCESS & CHANGES TO SERVICES
In the event that the Services malfunction, become limited, restricted, or cease to operate, we are not obligated to notify you of these changes, though we will take reasonable steps to do so.
The integrity of our Services is of utmost importance to us, and though reasonable steps are taken to sustain the reliability of the Services, we make no representations, guaranties or warranties that:
- there will be operational stability, availability or continuation of our Services;
- our Services will be uninterrupted, secure, reliable, timely, error-free or free from any virus, malware or any other digital attack;
- our Services are safe from unauthorised access, fraud or any other illegal or suspicious activity;
- no third party rights will be infringed as a result of your use of our Services; and
- there will be any continuation of the agreement formed under these Terms.
The Site and Services may be discontinued at our discretion and/or may be inoperable at times due to:
- downtime and scheduled maintenance;
- internet, network or server issues;
- equipment failure, which includes the failure of third party systems; and
- a force majeure event.
In these Terms, a ‘force majeure event’ means any circumstance beyond our reasonable control, including a natural disaster, earthquake, fire, flood, riot, civil commotion, health epidemic, sabotage, act of public enemy, war, terrorism, revolution, telecommunications interruptions, third party supplier delays and change of laws or change in sanctions policy.
The Company reserves the right to modify, correct, amend, enhance, improve, make any other changes, temporarily or permanently, to the Service (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the content available through the Service may be changed, extended in terms of content and form or removed at any time without any notice to you.
6. HANDLING PERSONAL INFORMATION
7. APIS AND WIDGETS
The Company may provide certain parties with access to specific data and information through our Application Programming Interface (“API“) or widgets. The user is free to use these in their original unmodified and unaltered state.
8. THIRD PARTY SERVICES
You acknowledge that the Company has no control over such Third Party Services and is not responsible for the availability of Third Party Services.
You acknowledge and agree that the Company does not endorse and is not responsible or liable for any goods, services, content, advertisements, products, or any materials available on such Third Party Services.
You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly,
for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any goods, services, content, products or other materials available on such Third Party Services.
9. FINANCIAL ADVICE
For the avoidance of doubt, the Company does not provide any financial or investment advice in connection with the Services provided. The Site may provide information on the price, range and volatility of cryptocurrencies and events that have affected the price of cryptocurrencies, but this must not be considered and/or construed as an investment or financial advice. Any decision to purchase or sell cryptocurrencies is solely your decision and the Company shall not be liable for any loss suffered.
10. LIMITATION OF LIABILITY
The Services are provided “AS IS” and “AS AVAILABLE”, and the Company excludes (and you waive) any and all representations and warranties, whether express or implied, to the maximum extent permitted by law.
In no event shall the Company or any of its officers, directors, employees, agents, and related entities be liable to you for any direct, indirect, special, punitive, incidental or consequential damages whatsoever, including any that may result from:
- any errors or omissions caused by you, including but not limited to, failure to correctly check and confirm the wallet address, failure to make payment within the specified time limit and failure to correctly provide account details when making payment;
- delays caused by third party payment processors and/or financial institutions;
- the accuracy, completeness or content of this Site or any of the Company’s related medium of communication including Facebook & Twitter;
- the accuracy, completeness or content of any sites on and/or linked to through Third Party Services;
- the Services found at this Site or any sites on and/or linked to through Third Party Services;
- personal injury or property damage of any nature whatsoever;
third party conduct of any nature whatsoever;
- any unauthorised access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein;
- any interruption or cessation of Service to or from this Site or any sites linked;
- any virus, malware or any other digital attack which may be transmitted to or from this Site or any sites linked; and
- your use of this Site or the Services or any of the Company’s related mediums of communication, including Facebook & Twitter whether based on warranty, contract, tort or any other legal or equitable laws and whether or not the Company has been advised of the possibility of such damages.
You acknowledge and agree that no action may be brought by you for any breach of the Terms more than one (1) year after the occurrence of such cause of action.
In addition, you acknowledge and agree that in no event shall the Company’s total liability exceed the total amount paid by you (denominated in fiat currency) for the particular service that is the subject of the cause of action. The limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of the agreement or your use of this Site and Services therein.
You further acknowledge and agree that the limitation of liability is an essential and agreed allocation of risk constituting, in part, the consideration for the Company’s service to you.
To the full extent permitted by applicable law, you hereby agree to indemnify the Company and its related entities against any action, liability, cost, claim, loss, damage, proceeding, or expense suffered or incurred if directly or indirectly arising from your use of our Site, your use of our Services, or your violation of the Terms.
It is your responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through our Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
13. INTELLECTUAL PROPERTY RIGHTS
All content on this Site is the property of the Company and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby. By using the Site and Services, you do not acquire any rights to our intellectual property.
The trademarks, trade names, service marks and logos of the Company and others used on the Site (hereinafter the “Trademarks”) are the property of the Company and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to the Company and cannot not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated, without our prior written consent. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
14. NO WAIVER
If either party, you or the Company, fails to act with respect to a breach by the other party, this does not waive any right to act in the case of subsequent or similar breaches.
These Terms, as well as our rights and obligations under them, may be assigned by us, in whole or in part, to any person or entity in a position to discharge them properly. Your rights or obligations under these Terms may not be assigned without our prior written consent.
16. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and the Company in relation to your use of the Services and Site and supersede all prior agreements between the parties.
If any provision of the Terms shall be deemed invalid, void, or for any reason unenforceable, then that provision shall be severable and will not affect the validity and enforceability of any remaining provisions.
18. JURISDICTION & GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia unless otherwise expressly provided.
Last Modified September 18, 2019