The Platform

  1. The website CoinSpot, and mobile applications, (collectively "Platform") is owned, operated and controlled by Casey Block Services Pty Ltd ABN 19 619 574 186, trading as CoinSpot, 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 of Use.

  2. The Platform provided and operated by CoinSpot allow buyers and sellers to convert, buy, sell and trade digital currency. “CoinSpot” may also refer to the services, website, mobile applications, content, products or any other services provided by CoinSpot (collectively “Services”).

  3. By opening an account to use the Services provided by CoinSpot, you expressly represent and warrant that you have accepted our Terms of Use, 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.

  4. 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.

  5. We may amend, modify, add to or delete these Terms of Use at our discretion and those amendments, modifications, additions or deletions apply to your use of the Platform and Services 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 current Terms of Use.

  6. Your eligibility and use of our Platform and Services is dependent upon your country of residence. The Services provided by CoinSpot are limited to the following jurisdiction: Australia.

  7. Risks of Trading and Holding Crypto or Digital Currencies

  8. The trading or holding of digital currency involves significant risks and the losses can be substantial. You should carefully consider and assesses whether trading or holding of digital currency is suitable for you depending upon your financial circumstances and tolerance to risk.

  9. Digital currency such as Bitcoin and Ethereum are unlike traditional currencies, goods or commodities in the market and are subject to exceptional risks. Unlike other traditional forms of currency, digital currency is decentralized and is not backed by a central bank, government or legal entities and remains unregulated. As such, the value of digital currencies may swing depending upon the market, confidence of investors, competing currencies, regulatory announcements or changes, technical problems or any other factors.

  10. CoinSpot will endeavour to support mechanisms such as Metacoins, Alt-Coins, Forks, Sidechains, Colour Coins or any other coin which supplements and interacts with digital currency, unless we specify through our Platform. The CoinSpot Platform does not support users to transfer coins from our Platform in order to pay, fund or contribute to an Initial Coin Offering.

  11. CoinSpot is not responsible or liable for any coins once they are transferred from our Platform to another site, device, platform or user. It is important for you to take precautions when transferring and storing your coins whether on our platform or in or on other sites, wallets or devices. We take no responsibility for misappropriation or theft or your coins. You should familiarise yourself with the security measures available when using a wallet service or other device for storage. Always take a greater degree of care and precaution to secure your passwords when operating in a digital environment.

  12. Your Obligations

  13. You warrant to us that you are a bona fide user of the Platform and Services of CoinSpot for the purposes of trading digital currency.

  14. You must not:
    1. Engage in any restricted or criminal activities, including but not limited to:
      1. Terrorist financing;
      2. Money laundering;
      3. Illegal gambling;
      4. Distributing or funding drugs and drug paraphernalia; or
      5. Malicious hacking.
    2. Provide us with inaccurate or incomplete information through the Platform;
    3. Use the Platform 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);
    4. Reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Platform’s source code, formulas or processes;
    5. 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);
    6. 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);
    7. 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;
    8. 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;
    9. 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);
    10. Collect or store personal data about other users of the Platform; or
    11. Do anything else which may interfere with or negatively affect the operation of our Platform, Services or other users.

  15. Any user of CoinSpot’s Platform who violates or breaches our Terms of Use 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 CoinSpot or any other user of the Platform.

  16. CoinSpot encourages users to report any problems or vulnerabilities with our Platform and Services by submitting a support request on our website or emailing us at CoinSpot Support. If you notify us in good faith, we will not restrict your use of our Platform or Services.

  17. Transaction Services and Fees

  18. As part of our Platform and Services, you may buy, sell and trade digital currency through our transaction services. The CoinSpot transaction services are subject to a buy, sell or exchange rate as stipulated on the CoinSpot Platform, available at the time of submitting your transaction.

  19. A transaction fee applies to all transactions.

  20. By using the CoinSpot Platform, you accept the rate and acknowledge that we may adjust our transaction fees at any time. CoinSpot will notify you of the transaction fees that apply to your transaction at the time of the transaction.

  21. We may delay, suspend or cancel a transaction if we believe the transaction may be subject to illegal activity, fraud, including but not limited to the activities outlined in clause 12.

  22. 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. 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.

  23. Termination

  24. CoinSpot may suspend, limit, restrict, deactivate or terminate the access to the CoinSpot Platform and Services, including your CoinSpot account, if:
    1. You gain or attempt to gain unauthorised access to the Platform or another member’s account;
    2. There is a technical or operational difficulty;
    3. You use the CoinSpot Platform in order to perform illegal or criminal activities;
    4. Your use of the CoinSpot Platform is subject to any pending investigation, litigation or government proceeding;
    5. You fail to pay or fraudulently pay for any transactions;
    6. We are unable to support your use;
    7. You breach any terms of this Terms of Use Agreement or Privacy Policy; or
    8. CoinSpot receive a request from a law enforcement or government agency to do so.

  25. You may cancel your CoinSpot account at any time, following the settlement of any pending transactions or trades. You will not be charged any fees for cancelling your CoinSpot account, however you must pay any outstanding amounts owed to us.

  26. Liability

  27. To the maximum extent permitted by law, we make no warranty to any person in relation to the products, services and offers made on the Platform (except those which cannot be excluded by law) and 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) which may arise out of, or in connection with, the use of this Platform or the use of or reliance on information contained on or linked to this Platform.

  28. We do not provide any warranty in relation to your use of this Platform or as to the currency, adequacy or completeness of the information contained on this Platform. The Platform does not contain all information that you will require in order to evaluate whether or not you should invest, use and trade in digital currency. We also do not warrant the accuracy or correctness of material and information displayed on the Platform and we give no warranties or 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 the Platform.

  29. You should independently satisfy yourself as to the accuracy of all information provided through the Platform.

  30. Indemnity

  31. To the maximum extent permitted by law, you agree to indemnify us for all loss or damage, penalties, fines, expenses and costs which arise out of or relate to:
    1. your use of this Platform;
    2. any breach of these Terms of Use, Privacy Policy and AML-CTF Policy;
    3. any information that you provide to us via this Platform; or
    4. any damage that you may cause this Platform.

  32. This indemnification includes without limitation, liability relating to intellectual property rights, defamation and breaches of privacy.

  33. Use of our Platform and Services

    Security

  34. The transmission of information over the Internet (including to or from the Platform) is not 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.

  35. Emails to and from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.

  36. You acknowledge that you use the Platform and Services (and obtain and transmit data to it) entirely at your own risk, that it is provided on an ‘as is’ basis and that we do not make any representations or warranties as to the security, availability of our Platform and Services or that your access or use will be uninterrupted, timely or secure.

  37. CoinSpot securely stores all digital currency private keys and other information in our control in order to maintain the security and integrity of the system. We are committed to protecting users’ digital currency and other information we collect from you and hold in highly secure data centres operated by a third party. The datacentres used have ISO 270014, 270175 and 270186 certifications and PCI DSS7 compliance. This has been independently audited by third parties. ISO 27018 certification has also been achieved for our data centre partners, which demonstrates a system of controls in place that specifically address the privacy protection of customer content. 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 CoinSpot to carry out duties required to support our customers. Strong, multi-factor authentication is used and access is revoked when no longer required.

  38. CoinSpot uses a two-factor authentication process in order to verify your identity, maintain security and prevent any fraud.

  39. By using our Platform and Services, you agree to provide us with current, accurate and complete information, including any personal information, and agree to keep such information up to date.

  40. CoinSpot 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.

  41. By creating a CoinSpot account, you authorise CoinSpot to make enquiries to verify your identity either directly or through third parties, in order to protect our Platform, Services 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. You represent and warrant that the information you provide to us through our Platform is correct and up-to-date.

  42. We cannot guarantee the identity of any other user, receiver or other party you engage with.

  43. You agree that you will not use any other CoinSpot account other than your own account, or access the account of another member or assist others in obtaining unauthorized access. If you use or obtain access to a CoinSpot 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.

  44. You are accountable for maintaining and preserving the confidentiality of your account information, your personal information you provide to CoinSpot, the strength level of your password, whether you implement a two-factor authentication, protecting your digital currency by using a digital wallet and any other activities you undertake when using our Services.

  45. You must notify CoinSpot immediately of any unauthorized access or use of your account, password or any other applicable breach of our Platform and Services by submitting a support request on our website.

  46. Linking and Framing

  47. This Platform may contain links to other websites (Third Party Website) and may display content or information from other websites within frames on this Website (Third Party Content). When you click on those links or access Third Party Websites through the Platform, we may earn a payment as a result of that advertising or that referral.

  48. We are not responsible or liable for the Third Party Website, any Third Party Content nor for any infringement of third party intellectual property rights as a result of hosting links to Third Party Websites and Third Party Content on the Platform.

  49. 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).

  50. We do not warrant the accuracy, currency or suitability for any purpose of the Third Party Websites or Third Party Content nor do we endorse the offers, products or services which they promote.

  51. All statements, representations, offers, products or services provided through Third Party Websites and Third Party Content are the sole responsibility of the operator of the Third Party Website or the author of the Third Party Content and in so far as such links to Third Party Websites or Third Party Content are hosted on the Platform they are done so at the request of the operator or author for the purposes of promoting their offers, products and services. Except where expressly stated otherwise, we do not act as agent, representative, partner or in any other capacity on behalf of such operator or author.

  52. Cookies

  53. We may use cookies to identify your computer on our server and so 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.

  54. Intellectual Property

  55. 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 of Use or elsewhere on the Platform.

  56. 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.

  57. 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.

  58. Reference on the Platform to any companies, products, services, 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.

  59. Privacy

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

  61. General

  62. CoinSpot will generally communicate with customers by email and in doing so will not provide links to other websites. If you are not sure if the email you received is secure and from a trusted source, please email CoinSpot Support and we will be able to assist you.

  63. By using our Platform, 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 Services.

  64. The Terms of Use published on the date you view them on the Platform supersede all prior versions.

  65. If any provision of the Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining parts of the Terms of Use will be in full force and effect.

  66. If we are unable to perform our Services as stipulated in the Terms of Use 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.

  67. These Terms of Use are governed by the laws of the State of New South Wales and in the event that we have a legal dispute relating to this Platform or these Website Terms and Conditions, the Courts of New South Wales will have non-exclusive jurisdiction.