Terms and conditions
Neochain Pty Limited (ACN 657 642 058) (“t/as Neochain”) operates a payment processing service for the purpose of facilitating and automating how Applicants receive, manage, and disburse funds (“Service”).
For the purposes of this Privacy Consent Form (the Form), ‘you’ means the individual(s) who is/are the applicant(s), directors, primary contact, authorised account users or beneficial owners who sign this Form and ‘the Company’, ‘Company’, ‘We’, ‘Our’ and ‘Us’ means Neochain Pty Ltd ACN 657 642 058 and their related bodies corporate and affiliates.
- I/We warrant to Neochain that:
- the information and statements contained in this application and otherwise given or made by or on behalf of the Applicant to Neochain in relation to this application are true, accurate, complete and not misleading;
- all information that Neochain requires in order to make an informed assessment about the solvency and affairs of the Applicant has been fully and specifically disclosed in writing to Neochain;
- the Applicant is not in dispute with any person or in default of any agreement;
- no prosecution, litigation, proceeding, mediation, dispute resolution process or investigation involving the Applicant is;
- pending or threatened and there are no circumstances which might give rise to any such prosecution, litigation, proceeding, mediation, dispute resolution process or investigation;
- no petition or other process for winding-up or dissolution including a demand under section 459E of the Corporations Act has been presented or threatened against the Applicant and no circumstances exist which would give rise to such a petition, demand or other process;
- I/We will advise Us in writing of any adverse change in the circumstances or affairs of the Applicant;
- I/we acknowledge Neochain Pty Limited (ACN 657 642 058) administers my/our application on behalf of Us and may disclose and share information I/we give for our application in accordance with the Our Privacy Policy.
- I/We agree and consent to Us obtaining personal Credit or other Information in accordance with the Privacy Act 1988 (Commonwealth) and pursuant to the terms of our Privacy Policy;
- I/we declare and acknowledge by opening an account to use Our Services, you expressly represent and warrant that you have accepted our Terms of Use, and any additional terms and conditions (including, without limitation, our Privacy Policy and AML-CTF Policy) as they apply from time to time.
- I/we agree that the Contract will become binding when I/we execute the Company’s Application Form.
- The OTC trading desk, website, and its associated mobile applications (collectively “Platform”) are owned, operated, and controlled by Us, trading as ‘Neochain’, who, along with its associated entities and each of their directors, affiliates, or employees (as appropriate).
- The Platform, provided and operated by Us, allows account holders to convert, buy, sell, and trade digital currencies. It also includes any services, content, products, mobile applications, websites, software, or any other services provided by Us (collectively “Services”).
- By opening an account with Us to use Our Services, 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.
- 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.
- 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 the 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 most current Terms of Use as at the date of those transactions.
- Your eligibility and use of our Platform and Services is dependent upon your country of residence. The Services provided by Us are limited to user’s resident in the following jurisdiction: Australia or otherwise through Board approval supported by the implementation of supplementary framework(s) ensuring compliance with all Australian regulatory requirements. If you are not a resident in that jurisdiction or have not secured Board approval and have not implemented the required framework(s) you should cease using our Services.
- Your ownership of any digital currencies purchased on the Platform will transfer to you upon Us receiving cleared funds from your bank or other financial institution, which is an authorised provider or Authorised Deposit-Taking Institution (“ADI”) and at no point earlier.
Risks of Trading and Holding Digital Currencies
- The trading or holding of coins, tokens, digital currencies, or digital assets of the like (collectively “Coins”) involves significant risks, the losses can be substantial and any loss and liability you incur is not insurable. You should carefully consider and assess whether trading or holding of Coins is suitable for you depending upon your financial circumstances, resources, and tolerance to risk.
- Due to the significant risks of trading Coins as well as the impact of technology and the international market, We cannot warrant or guarantee that particular Coins will be available on our Platform and Services. We reserve the right to stop offering trades in relation to particular Coins on our Platform and Services. We will use our reasonable endeavours to notify you if we cease to support trading a particular Coin. If this is the case, you will not be able to convert Coins into AUD or any other currency. However, you will be given the option to move the Coins to another user, platform, or third-party website. Please be aware that We are not and will not be responsible for any costs incurred by you if you decide to move the Coins to another user, platform, or third-party website.
- Given the high level of risk associated with trading Coins, you acknowledge that by opening an account with Us, it is your responsibility to implement additional security and precautionary measures available to you in order to protect your Coins. We recommend the use of minimum-security measures including two-factor authentication to securely access your account with Us. Other measures such as using a strong password or unique email address that is not used on any other website or platform, or that is known by anyone else, as well as transferring and storing your Coins in your own personal wallet outside of the Platform or disabling withdrawals to stop Coins being sent from your account, are steps that you can take to improve the security of your Coins.
- Coins are unlike traditional fiat currencies, goods or commodities in the market and are subject to exceptional risks. Unlike other traditional fiat currencies, Coins are decentralised and are not backed by a central bank, government, or other legal entities. Coins currently remain largely unregulated. As such, the value of Coins may rise and fall depending upon the market, confidence of investors, competing currencies, regulatory announcements or changes, technical problems, or any other factors.
- We are not liable for the loss of value of digital assets held or transacted with any counterparty.
- We are not responsible or liable for any Coins once they are transferred from our Platform to another site, device, platform, wallet, or user. Nor are We responsible or liable for any Coins not traded on our Platform that have been sent into our Platform. We are not responsible or liable for any Coins that have been sent to an incorrect or incompatible wallet address. Examples of incompatible wallet addresses include but are not limited to the type of Coin being transferred or the Blockchain Network the Coin is sent on.
- We not identify the counterparty to any transactions you make. We recommend that you do not send Coins to any persons you do not personally know or completely trust, as, once sent, the transaction cannot be reversed. It is important for you to take precautions when transferring and storing your Coins whether on our platform or through other sites, wallets, or devices. We take no responsibility for the misappropriation or theft of your Coins. We strongly advise that you familiarise yourself with and implement a personal wallet service or other device for storing your Coins and implement other security measures. Always take a greater degree of care and precaution to secure your passwords when operating in a digital environment.
We may from time-to-time support stablecoins, which are a class of digital currencies which generally purport to be backed by, or aim to maintain stable value relative to, another asset including fiat currency or commodities such as silver or gold. We make no representation as to whether any particular stablecoin will hold their value as against any asset, nor as to the amount of reserves held by each issuer in relation to any stablecoin. By buying or selling stablecoins from or to Us, you agree that you have read, understood, and accepted all of the terms and conditions and risks associated with each particular stablecoin.
Prices
- We may provide indicative prices in OTC or Platform Transactions in such Products as agreed from time to time (“Prices”). Prices will be provided in response to a Price Request through an Agreed Communication Channel or Platform and will consist of either a bid price and an offer price or both a bid price and an offer price, as determined by Us at our sole discretion. You acknowledge and agree that We shall determine Prices in its sole discretion and may discontinue providing Prices in some or all Products or some or all Digital Assets and/or cease the use of an Agreed Communication Channel or Platform at any time for any reason. We provide no representations as to the accuracy or fitness for purpose of any Agreed Communication Channel, or Platform, nor do We accept any responsibility for any Loss incurred by you arising out of or in connection with your use of an Agreed Communication Channel or Platform.
- We shall have sole discretion as to whether it wishes to respond to a Price Request. The provision of a Price by Us, whether following a Price Request or otherwise, does not constitute an offer to you to enter into an OTC or Platform Transaction at that Price, nor does it obligate Us to accept any subsequent Trade Instruction submitted by you.
- Prices are proprietary in nature and so the Prices made available by Us may differ to other prices provided in the relevant Digital Assets by other providers. Prices are subject to constant change and whilst We seek to provide Prices that are up to date, circumstances may arise where Prices provided are invalid by the time that a Trade Instruction is received by Us in relation to that Price. We shall determine how long Prices remain valid in its sole discretion. A Trade Instruction submitted in relation to a Price that is no longer valid will be rejected.
- You acknowledge that the Prices are provided solely for your use of the OTC or Platform Services, and you may not communicate or otherwise use the Prices for any other reason without the prior consent of Us unless otherwise provided herein.
- You acknowledge that any Price provided by Us may be inclusive of bid-ask spread and/or a mark-up determined by Us to be appropriate for you and the type of OTC or Platform Transactions. We are not under any obligation to disclose the specific amount of any bid-ask spread and/or mark-up to you (unless otherwise agreed in writing or required by law).
Trade Instructions
- To enter into an OTC or Platform Transaction on the basis of a Price provided by Us, you may do so by entering a Trade Instruction. Each Trade Instruction must include such details as requested from Us from time to time, depending on the type of OTC or Platform Transaction you are looking to enter into, including (without limitation), the relevant trading pairs, the Price (which must be latest Price received from Us and shall not have expired or been withdrawn by Us, provided that We may at our discretion execute a Trade Instruction which references a Price that has expired) and the applicable notional amount (which shall be no less than any minimum amount and no more than any maximum amount that may be specified by Us from time to time).
- We shall have no obligation to accept any Trade Instruction and may do so in its sole discretion. Acceptance by Us of any Trade Instruction which does not comply with all of the requirements set out in this section shall not obligate Us to accept any subsequent non-confirming Trade Instruction.
- Where any Trade Instruction is ambiguous or inconsistent with any other Trade Instruction, We shall be entitled to rely and act upon any Trade Instruction in accordance with any reasonable interpretation thereof which We believe in good faith to be the correct interpretation.
- A Trade Instruction submitted by or on your behalf through an Agreed Communication Channel constitutes an offer to enter into an OTC or Platform Transaction between you and Us on the terms as set out in such Trade Instruction, which may be accepted or rejected by Us at our sole discretion. We may reject a Trade Instruction for any reason and nothing in this Agreement or the Terms of Use (or otherwise) obliges Us to enter into any OTC or Platform Transaction with you in response to a Trade Instruction. We may refuse to enter into any OTC or Platform Transaction, accept or otherwise act on any Trade Instruction without giving any reason or any notice to you. We are entitled (but not obliged) to verify and be satisfied with respect to the identity of the person purporting to give any Trade Instruction or the source and origin of any Trade Instruction and We may rely or act upon any Trade Instruction unless and until We are satisfied as to the matters on which We sought verification. A Trade Instruction which is not received by Us for any reason, including the failure or delay of any Agreed Communication Channel or Platform, shall be deemed rejected. Once submitted to Us, a Trade Instruction cannot be withdrawn, cancelled or amended by you once executed unless otherwise permitted by Us at Our sole discretion.
- Execution of a Trade Instruction by Us, which shall occur upon express confirmation by Us to you through an Agreed Communication Channel that the related OTC or Platform Transaction is “done” or has otherwise been “executed”, will constitute a binding agreement to an OTC or Platform Transaction between Us and you on the terms of the relevant Trade Instruction. You acknowledge and agree Our rights as set out in this Agreement that an OTC or Platform Transaction cannot be cancelled, amended or unwound once entered into without the consent of both parties regardless of whether the corresponding Trade Instruction was provided as a result of any inaccuracy or error by you, including in relation to the terms of the OTC or Platform Transaction.
- We shall notify you of the execution of a Trade Instruction and entry into of an OTC or Platform Transaction through an Agreed Communication Channel but any failure or delay in providing such notice shall not affect the effectiveness of such OTC or Platform Transaction. If you do not receive a message through an Agreed Communication Channel or Platform indicating that a Trade Instruction has been accepted and that an OTC or Platform Transaction has been entered into within promptly after submitting the Trade Instruction to Us, you shall promptly contact Us through an Agreed Communication Channel or Platform to confirm the status of the relevant OTC or Platform Transaction.
- Upon agreement, We may provide you with a written confirmation, setting out the terms of the OTC or Platform Transaction (a “Trade Confirmation”). You shall be responsible for comparing any Trade Confirmation or other record of any OTC or Platform Transaction entered into between you and Us pursuant to the OTC or Platform Services to your own records of OTC or Platform Transactions entered into with Us and shall notify Us of any discrepancies.
Orders
- If permitted by Us, you may submit Orders to Us through an Agreed Communication Channel or Platform by specifying the terms of such Order in the manner as directed by Us from time to time. In addition, you may request to amend or cancel existing Orders by contacting Us through an Agreed Communication channel or Platform provided such Orders have not been executed. We may in its sole discretion accept or reject any request to amend or cancel an Order. To the extent that We accept your request to amend an existing Order, the amended Order will be treated as a new Order placed by you. We will execute Orders in accordance with this Agreement and any other terms provided on the Platform.
- We may in its sole discretion accept or reject any Order and any such acceptance or rejection shall be effective upon determination by Us. Acceptance of an Order does not amount to a binding agreement between Us and you and does not oblige Us to enter into any OTC or Platform Transaction with you. An Order which has been accepted by Us (an “Accepted Order”) may be subsequently returned to you at Our sole discretion and We shall not be under any obligation to execute any OTC or Platform Transaction with you in response to an Order regardless of whether the Order is an Accepted Order.
- An Accepted Order may be executed by Us in whole or in part at any time after acceptance but no later than the latest time for execution (if any) specified by you (the “Expiry Time”). Any Order (or part of any Order) not executed prior to the Expiry Time shall expire at such Expiry Time. Execution of an Order (or part of an Order) by Us (which shall be effected by the execution of a transaction in the Digital Asset markets (which may be through the Platform, with a third party liquidity provider or with another Affiliate) in respect of such Order) shall constitute a binding agreement to an OTC or Platform Transaction between you and Us on the terms of such Order. We shall notify you of such execution through an Agreed Communication Channel or Platform but any failure or delay in providing such notice shall not affect the effectiveness of such OTC or Platform Transaction.
- We provide no guarantee that any Order can be filled in its entirety as this depends on factors outside of Our control. We may add or remove types of Orders at our sole discretion.
OTC or Platform Transactions
- Unless otherwise agreed, We will enter OTC or Platform Transactions as principal. You agree that you will enter into OTC or Platform Transactions as principal and not as agent on behalf of any other party, unless otherwise expressly agreed by Us in writing. Subject to the foregoing, Our duties and obligations under this Agreement and any OTC or Platform Transaction shall be solely to you and, unless expressly agreed otherwise, We accept no duties, obligations or responsibilities to any other party, regardless of whether We are made aware of any such third-parties.
- You acknowledge and agree that the OTC or Platform Services are provided on a non-advised basis, meaning that We will not provide you with any advice as to the merits of any OTC or Platform Transactions. You acknowledge and agree that you are solely responsible for any decisions taken in respect of any Trade Instructions, Orders or OTC or Platform Transactions made. We will not provide you with any investment, legal, tax or other form of advice, nor can you request any such advice from Us.
- You acknowledge and agree that you bear sole responsibility for any reporting of OTC or Platform Transactions as may be required under applicable law and regulation and that We will not provide any infrastructure, support or assistance with respect to the reporting of OTC or Platform Transactions.
- We offer no representation as to or guarantee of liquidity in any Digital Asset and you acknowledge and agree that We have no ability to control liquidity and that it takes no responsibility for any Loss experienced by you which is caused by or contributed to by illiquidity in any Digital Asset or any counter party. You acknowledge and agree that you shall bear the sole responsibility and risk in relation to OTC or Platform Transactions entered into by you pursuant to this Agreement.
- You acknowledge and agree that, if:
- We determine that one or more prices at which one or more OTC or Platform Transactions are executed differs materially from the prevailing market price for the relevant OTC or Platform Transaction(s) at such time, or are otherwise erroneous in nature (including without limitation inadvertently presenting a bid price as an offer price or vice versa), due to the transmission of one or more incorrect prices by Us and/or in the event of extreme market volatility; or
- We have reason to believe that you have executed an OTC or Platform Transaction with improper intent or determines that there may be suspected market manipulation, including (without limitation), capitalising on opportunities where the executable price of a Transaction does not reflect prevailing market rates, or taking unfair advantage of the way in which We offer prices.
then, in each case, We are authorised by you (without any payment or penalty due by either We or you and provided that such action is in compliance with Applicable Law) to either:
- cancel/void such OTC or Platform Transaction(s) and treat such OTC or Platform Transaction(s) as if they had never been entered into; or
- amend the price(s) of such OTC or Platform Transaction(s) (upon notice from Us to you of the amended price(s)) to reflect the prevailing market price(s) as at the relevant time, as determined by Us by reference to an available source for fair market pricing.
- 6. If We cancel an OTC or Platform Transaction pursuant to the rights referred to in clause above, We will reverse any transfers of Digital Assets that have been made to and/or from your Account with Us in connection with such OTC or Platform Transaction as if that OTC or Platform Transaction had never taken place. If We amend an OTC or Platform Transaction We will confirm the details of the amended terms of the OTC or Platform Transaction to you through an Agreed Communication channel and will affect such transfers of Digital Assets to and/or from your Account as are required to reflect the terms of the amended OTC or Platform Transaction. You acknowledge and agree that you shall be solely responsible for your own transactions with any third parties that may have been entered into in connection with or reliance on any OTC or Platform Transaction(s) that may be subject to any cancellation or amendment pursuant to Our rights in clauses above.
7. You acknowledge and agree that any Trade Instructions, Orders or OTC or Platform Transactions may be subject to risk and/or credit limits imposed by Us from time to time which may be general or specific to you, may apply to all or certain Digital Assets only and at all times are imposed, amended, maintained or removed at the sole discretion of Us (“Trading Limits”). We may reject, or cancel or amend any Trade Instruction or Order that, in its sole discretion, breaches or will breach a Trading Limit. We shall have no liability to you for any Loss incurred in connection with any Trade Instructions or Orders which are rejected, or cancelled or amended by Us in circumstances where such Orders breach a Trading Limit. You undertake to cooperate with Us and supply all information and data that We consider reasonably necessary to set appropriate Trading Limits with respect to the OTC or Platform Services.
8. You further acknowledge and agree that, in the absence of Manifest Error, Our records as to OTC or Platform Transactions entered into with you shall be final and conclusive. However, We may at any time rectify any error on any entry, statement, Trade Confirmation or advice which has been proved to its satisfaction, and may demand immediate repayment from you of any Digital Assets erroneously paid over to you as a result of such error. Any and all objections by you shall not be valid unless accompanied by supporting evidence for such objections. You undertake and agree to maintain appropriate records of all Orders and OTC or Platform Transactions as required pursuant to Applicable Law.
9. Subject to Our rights as otherwise set out in this clause, a Trade Confirmation which does not accurately reflect the relevant OTC or Platform Transaction entered into via an Agreed Communication Channel: (a) does not affect the validity of the OTC or Platform Transaction which the Trade Confirmation evidences; and (b) where there is Manifest Error, does not entitle you to enforce whatever is inaccurately recorded in the Trade Confirmation.
10. We reserve the right to void or reverse from the outset any OTC or Platform Transaction involving or deriving from a Manifest Error or to amend the details of such OTC or Platform Transaction to reflect that which We consider in its sole and absolute discretion acting in good faith to be the correct or fair details of such a Transaction absent Manifest Error.
11. Without prejudice to the generality of the other terms in this Agreement, and in the absence of fraud or bad faith, We shall in no circumstances be liable to you for any Loss or demand of whatsoever nature you may suffer or incur in connection with any Manifest Error howsoever arising, whether direct or indirect, special or consequential, including, but not limited to, loss of profit, loss of opportunity or even if We had been advised of the possibility of the same arising or that the same were reasonably foreseeable.
12. We shall bear no Loss and/or liability whatsoever for failing to accept any Trade Instruction and/or Order for exercising or failing to exercise any discretion, power or authority conferred upon Us by this Agreement. We shall not be liable to you for any and all Loss incurred by you arising from any loss or delay in the transmission or wrongful interception of any Trade Instruction and/or Order through an Agreed Communication Channel or Platform, including any equipment or system owned and/or operated by or for Us.
13. We shall bear no Loss and/or liability whatsoever through any failure, loss or delay due to any counterparty in a Transaction.
14. You agree to pay any applicable fees, expenses, charges and obligations related to your receipt of the OTC or Platform Services as specified by Us from time to time, together with any other amounts payable to Us under this Agreement and the Terms of Use.
15. All OTC or Platform Transactions are settled by way of a transfer of Digital Assets directly to and from your Account on a per trade basis. Netting will not be applied between multiple OTC or Platform Transactions unless otherwise agreed in writing between you and Us. We may agree to permit settlement of OTC Transactions to and from an external wallet held by you outside of Our infrastructure, however is not obliged to do so. If We permit settlement of OTC or Platform Transactions to an external wallet, you shall be solely liable for the payment of all fees and charges associated with such settlement and you undertake to fully reimburse Us on demand for any fees, charges or Loss incurred in connection with such settlement.
16. We shall be under no obligation to provide valuations of OTC Transactions but if valuations are provided, they shall be for information purposes only and are intended solely for your own use. Unless expressly stated otherwise, any valuations will be indicative values based on mid-market levels from time to time on the date specified. Although valuations represent Our estimate of the current economic value of an OTC or Platform Transaction based upon mid-market levels, the valuations may also include adjustments to take account of, amongst other things, transaction size, market liquidity, and/or use of capital. For certain OTC or Platform Transactions, it may be necessary to make assumptions relating to future market conditions and derive valuations from internal proprietary models. Valuations based on different assumptions and/or models may yield different results. Any valuations provided by Us with respect to OTC or Platform Transactions neither represent the actual terms at which new OTC or Platform Transactions could be entered into nor the actual terms at which existing OTC or Platform Transactions could be liquidated or unwound. We shall not be liable for any errors or omissions in computing or disseminating any valuation and shall not be liable for any Loss, claim or damages (whether direct, indirect, consequential or otherwise) which may arise to valuations provided to you that are used by you or any third party.
Using Your Account
- The Company will use its best endeavours to ensure that it meets its deposit and withdrawal timeframes. From time-to-time factors outside of our control may lead to delays. You acknowledge that We are not responsible for any losses that occur due to delays in processing deposits or withdrawals.
- By using Our Platform and Services, you acknowledge that We are not responsible for any delays you may experience in sending and transferring Coins to and/or from Our Platform to other platforms, websites, users, or wallets. These delays may be due to issues beyond Our control, including issues with third party websites and platforms, wallets, congestion of the blockchain and Us moving Coins in or out of, a secure storage vault or platform.
- In addition to buying, selling, converting, and trading Coins, you are only permitted to send your Coins to another user, platform, website or to your personal wallet. Due to the evolving nature of the technology, any technical issues regarding the blockchain and use of the network are beyond Our control and We reserve the right to cancel transactions you have initiated which are delayed beyond a reasonable time or lapse due to time delays. In such circumstances, you may need to execute the transaction again or at another time.
- In the circumstance where you have received, acquired, or accumulated any funds or assets due to an error, glitch, or loophole, We may take reasonable action, including but not limited to restricting access or deducting the amount you have received, acquired, or accumulated from the balance of the Coins or fiat currency held in your account. We will notify you if such an error, glitch or loophole has occurred or been discovered and if we decide to exercise our right to recover the misappropriated funds or assets from your account.
- If you deposit fiat currency into your Company account but We do not receive cleared funds from your bank or other provider after having credited your account with that value of fiat currency, We reserve our right to recover that fiat currency from that or any other fiat currencies held in your account without notice to you.
- If any Coins are credited to your account on the Platform prior to Us having received cleared funds from your bank, We reserve our right to recover those Coins that have been credited to your account without notice to you. If those Coins cannot be recovered in full then We reserve Our right to recover the value of those Coins from any other fiat currencies or Coins held in your account, at Our absolute discretion by giving you prior notice. We may deduct or set off the debt owed to it from any Coins and fiat currencies held in your account on the Platform.
- If your account is suspended in accordance with these Terms of Use and you do not respond to any of our attempts to contact you after the payment of the uncleared funds, We will consider your account, and all Coins and fiat currencies within your account, to have been forfeited by you.
- It is your responsibility to check your account with Us and monitor the movement of your Coins including any pending, lapsed, or cancelled transactions or purchases through your transaction history and to re-execute any transactions which fail.
- All deposits and withdrawals made are subject to the limits displayed on our Platform and Services. This amount may change from time to time due to the blockchain as well as user demand, market activity and the price of particular Coins. We may, in some instances, use our discretion to allow deposits and withdrawals which exceed the limit displayed.
- All fiat currency deposits and withdrawals can only be made to and from a financial institution account held by the verified Company account holder. We may, in some instances, use our discretion to allow deposits from and withdrawals to a financial institution account that is not held by the verified Company account holder.
- It is your responsibility to enter the correct wallet or BSB and account number for any withdrawals or deposits made by you. We do not, and will not check the details that you enter, including whether the BSB and account number entered belong to you. If you enter incorrect bank details, it will not be Our responsibility to recover those funds from the unintended recipient. We are not liable for any loss or liability incurred by you as a result of any fiat or digital currencies being sent to an unintended account.
- During periods of market volatility, high volume trades, fast movement and illiquidity in the market, the market rate in which you buy, sell or trade Coins may be different to the price indicated on our Platform and as such we will be unable to execute your order and will return the funds to your account. We are not liable for any price variation due to market volatility, market or technology disruptions, delays or any other matters that are outside Our control. We may reasonably decide not to execute a trade if the market rate significantly increases or decreases or in the event of a market disruption or other event, which is outside Our control. In such cases, We may cancel your buy or sell order and return the funds into your Company account. We will exercise reasonable care to notify you of these events and, when you receive a notification, you must check your account and any pending or cancelled transactions.
- When you have made a buy, sell or swap order through our Platform, We will carry out that order as a binding instruction from you. If you ask Us to cancel, amend or reverse the buy, sell or swap order, We are not obliged to do so where it is unreasonable to do so or in circumstances were doing so would cause Us inconvenience or cost.
Conversion Services
- A conversion rate applies to all transactions where Coins are purchased, sold, or traded. By using the Platform, you accept the conversation rate applicable from time to time. We will notify you of the conversion rate that applies to your transaction at the time the transaction is made.
- We reserve the right to delay, suspend or cancel a trade or transaction if we believe the trade or transaction may be subject to law enforcement action, illegal activity, or fraud, including but not limited to the activities outlined in “Your Obligations”.
- 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, or if We are unable to execute the transaction. This may be subject to reliance on a third-party supplier or provider, or due to technical difficulties.
Your Obligations
- You warrant to us that you are a bona fide user of Our Platform and Services for the purposes of trading and holding Coins.
- You must not:
- Engage in any restricted or criminal activities, including but not limited to: Terrorist financing, Money laundering, Illegal gambling, Distributing or funding drugs and drug paraphernalia, or Malicious hacking;
- Knowingly or recklessly provide us with false, inaccurate or incomplete information through the Platform;
- Use Our Platform and Services 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);
- Reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Platform’s source code, formulas or processes;
- Interfere with the security of the Platform, the Services or the secure and safe use of the Platform by any other user (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);
- Use the Platform or the Services 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);
- Knowingly or recklessly use or take advantage of a process, technical or technological error, loophole or glitch on Our Platform and Services;
- 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;
- 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; 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;
- 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);
- Collect or store personal data about other users of the Platform; or
- Do anything else which may interfere with or negatively affect the operation of our Platform, Services or others users.
- Any user of Our Platform who violates or breaches our Terms of Use may have their membership and Company account suspended or terminated, as well as any pending transactions cancelled. You may also be held liable for any losses incurred by Us or any other user of the Platform or Services.
- In the event of a breach of these Terms of Use by you, We will return your funds to your linked bank/ADI account, unless we reasonably believe that you have committed any fraud, misconduct, any breach of Clause 16, or any other illegal activity. We may exercise any rights it has to recover any fiat currencies or Coins which are afforded to it under the Terms of Use or at law.
- We encourage users to report any problems or vulnerabilities with our Platform and Services by contacting us. If you notify us in good faith, we will not restrict your use of our Platform or Services.
Termination
- We may suspend, limit, restrict, deactivate, or terminate your access to the Company’s Platform and Services, including your account with Us, if:
- You gain or attempt to gain unauthorised access to the Platform or another Company’s member’s account;
- You allow or facilitate a third-party to gain unauthorised access to the Platform or to your account with Us;
- There is a technical or operational difficulty;
- You use, or we reasonably suspect you of using, Our Platform or Services in order to perform illegal or criminal activities, fraud, money laundering, terrorist financing or financial crime including any breach of the laws regarding sanctions and bribery;
- Your use of Our Services is subject to any pending investigation, litigation or government proceeding;
- You fail to pay or fraudulently pay for any transactions;
- We are unable to support your use;
- We have concerns about the security of your Company account or that a transaction is suspicious, fraudulent, erroneous or illegal;
- You take any action that may circumvent these Terms of Use or our control by abusing any promotions, rewards or referral programs that we may offer at any given time;
- You breach any terms of this Terms of Use Agreement or Our Privacy Policy;
- You falsify information in relation to your Company account or you mislead us (including by omitting information we reasonably require) in relation to opening or administering your Company account; and
- We receive a request from a law enforcement or government agency to do so; or
- You deposit fiat or digital currency into your account with Us and We credit your account with the same value of fiat or digital currency as the deposit, but We do not receive cleared funds from your bank or other providers after having credited your account with that fiat or digital currency.
- You may cancel your account with Us at any time, following the settlement of any pending transactions or trades, and provided you comply with any account closure requirements. You will not be charged any fees for cancelling your account with Us, however, you must pay any outstanding amounts owed to us.
- In the event that your account with Us is suspended, limited, restricted, deactivated or terminated, we are in no way obliged to honour or reinstate a transaction or price on the same terms had the suspension, limitation, restriction, deactivation or termination not occurred. We are under no obligation to return fiat currencies or Coins to you if your account with Us is suspended or deactivated due to a breach of these Terms of Use.
Indemnity
- To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Us (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:
- your conduct and use of our Platform and Services;
- your breach of these Terms of Use, Our Privacy Policy and/or AML-CTF Policy;
- your breach of any law, regulation or rule;
- your violation or breach of Our copyright, intellectual property, trade secrets, patents, trademarks, service marks or any other proprietary right under law;
- your failure to secure or keep your password or private key secret for your account with Us ;
- any information that you provide to us via our Platform and Services;
- any damage that you may cause to our Platform and Services, to any Company user or any other person or entity; or
- any right exercised by Us under these Terms of Use.
- This indemnity includes without limitation, liability relating to intellectual property rights, defamation, and breaches of privacy.
Liability
- To the maximum extent permitted by law, We do not guarantee the quality, performance or fitness for purpose of the Platform and Services 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 Services and We 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 Services or the use of or reliance on information contained on or linked to the Platform and Services.
- 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 lessor of supplying the Platform and Services again or payment of the cost of having the Platform and Services supplied again.
- We do not provide any warranty in relation to your use of Our Platform and Services, and we do not provide any warranty that the information displayed on our Platform and in relation to the Services is up-to-date, accurate or complete.
- Our Platform and Services do not provide information to evaluate whether or not you should invest, use and trade in Coins. 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 Services.
- You should independently satisfy yourself as to the information provided through Our Platform and Services. You agree to use Our Platform and Services at your sole risk and at an “as is” basis.
Use of Platform and Services
- The transmission of information over the Internet (including to or from our Platform and Services) 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.
- 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.
- 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.
- We securely store Coin private keys and other information in order to maintain the security and integrity of the system. We are committed to protecting users’ Coins and other information we collect from you and hold in highly secure data centres operated by a third party. 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 Ours to carry out duties required to support our customers. Strong, multi-factor authentication is used and access is revoked when no longer required.
- We use a two-factor authentication process in order to verify your identity, maintain security and prevent any fraud.
- As part of Our commitment to protecting your Coins and in the interest of your security, all significant financial and trading transactions made by you from the Company’s Platform to another third-party website, platform or user, as well as withdrawals from the Platform to your personal bank account or wallet, may be required to be performed using Our two-factor authentication. Our users may be required to implement and use two-factor authentication for all withdrawals and transactions to buy, sell and trade Coins. It is your responsibility to implement such measures, programs and applications onto your computer, phone or any other device, such as Google Authenticator, and how to use these security measures in order to complete the transaction.
- As part of operating our Platform and Services, We may hold your funds, assets, or Coins on different exchange platforms.
- 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.
- We 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.
- By creating an account with Us, you authorise Us 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. The verification of your identity and on-boarding of your account may take up to 10 business days to complete. You represent and warrant that the information you provide to us through our Platform is correct and up to date.
- We cannot guarantee the identity of any other user, receiver, or other party you engage with.
- You agree that you will not use any other account with Us other than your own account or access the account of another member or assist others in obtaining unauthorised access. If you use or obtain access to a Company account, other than your own, this will result in immediate suspension and possible termination of your account and the other member’s Company account. Any pending transactions or trades will also be suspended.
- You are accountable for maintaining and preserving the confidentiality of your account information, the personal information you provide to Us, the strength level of your password, protecting your Coins by using a digital wallet and any other activities you undertake when using our Platform and Services.
- You must notify Us immediately of any unauthorised 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.
- 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.
- 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.
- 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).
- 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.
- 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.
Cookies, Privacy, Intellectual Property
- 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.
- Any personal information we collect about you via this Platform will only be used and disclosed by us in accordance with our Privacy Policy.
- 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.
- 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.
- 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.
- 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.
General
- We will communicate with customers by email and telephone and will never provide links to other websites or request sensitive information such as 2-factor codes and passwords. If you are not sure if the email or telephone call you received is secure and from a trusted source, please contact us and we will be able to assist you.
- By using Our Platform and Services, 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. It is also your responsibility to seek professional tax advice with respect to personal, business, and self-managed superfund accounts with Us as well as to ensure that you are compliant and that the platform and features satisfy your requirements. We do not provide any advice or take any responsibility for information that you receive through our Platform and Services.
- The Terms of Use published on the date you view them on the Platform supersede all prior versions.
- If any provision of the Terms of Use is 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.
- 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.
- 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.
Representations and Warranties
In addition and without prejudice to the representations and warranties made by the Parties in the Terms of Use you hereby represent and warrant as follows each time you enter into an OTC or Platform Transaction:
- You are capable of assessing the merits of and understanding (on your own behalf or through independent professional advice), and understand and accept the risks and the terms and conditions of the relevant OTC or Platform Transaction and are capable of assuming, and assume, the risks of that OTC or Platform Transaction; and
- you are acting for your own account and have made your own independent decisions to enter into the relevant OTC or Platform Transaction and as to whether the OTC or Platform Transaction is appropriate and proper for you based on your own judgment and upon advice from such advisors as you have deemed necessary. You are not relying on any communication (written or oral) made by or on behalf of the Company as investment advice or as a recommendation to enter into the OTC or Platform Transaction, it being understood that information or explanations in relation to the terms of an OTC or Platform Transaction shall not be considered as investment advice or a recommendation to enter into that transaction. We are not acting as your fiduciary or adviser in connection with that OTC or Platform Transaction.
Limitations on liability
You acknowledge and agree that the use of an Agreed Communication Channel in connection with the OTC or Platform Services is entirely at your own risk and accordingly, you assume full responsibility and risk of loss resulting from or relating to such use.
Without prejudice to the foregoing and without prejudice to or duplication of any disclaimers, limitations or liability and indemnity provisions set out in the Terms of Use and except to the extent that liability cannot be excluded under any applicable law or regulation, you acknowledge and agree that:
- neither We nor any of our affiliates, their respective directors, shareholders, member, officers, employees, attorneys, agents, representative, suppliers or contractors (“Related Persons”) shall be liable for any Loss, damage or claim of any kind whatsoever arising directly or indirectly as a result of:
- any Price provided by Us;
- any errors in or omissions from an Agreed Communication Channel or Platform;
- any failure of an Agreed Communication Channel or Platform to transmit, or
- any delay in the transmission or receipt of any Trade Instruction or Order, any rejection or non-execution of any Trade Instruction or Order, or any delay by you in the receipt of any notification (including any Trade Confirmation) confirming that any Trade Instruction or Order has or has not been executed; or
- any unauthorised access to or use of an Agreed Communication Channel or Platform;
- neither We nor any Related Persons shall have any liability arising from Trade Instructions, Orders, investment decisions or purchases of any third party goods or services (including financial instruments and Digital Assets) based on any Price or any other information provided through an Agreed Communication Channel, Platform, or otherwise;
- under no circumstances shall We or any Related Persons be liable for any damages whatsoever, whether direct, indirect, punitive, special or consequential, that are directly or indirectly attributable to the use of, or inability to use, an Agreed Communication Channel or the OTC or Platform Services, even if advised of the possibility of such damages or if such damages were foreseeable;
- neither We nor any Related Persons shall be liable for any failure to perform any obligation under this Agreement or for any delay in the performance thereof, due to force or condition beyond Our reasonable control; and
- the total aggregate liability of the Company and its Related Persons in connection with this Agreement and the OTC Services, whether based in contract, tort (including negligence or strict liability), or otherwise, will not exceed [ten thousand Australian Dollars (AUD 10,000). The foregoing limitations will apply notwithstanding any failure of essential purpose of any limited remedy.
Definitions
Accepted Order: We may in our sole discretion accept or reject any Order and any such acceptance or rejection shall be effective upon determination by Us. Acceptance of an Order does not amount to a binding agreement between Us and you and does not oblige Us to enter into any OTC Transaction with you. An Order which has been accepted by Us (an “Accepted Order”) may be subsequently returned to you at Our sole discretion and We shall not be under any obligation to execute any OTC Transaction with you in response to an Order regardless of whether the Order is an Accepted Order.
Activated means, in respect of Trailing Stop Order, the time from which the minimum or maximum price on the Order Book is observed to determine whether a movement equal to, or greater than, the Trailing Delta has occurred, which is (i) if no Activation Price is specified, the time at which the Trailing Stop Order is Placed, or (ii) if an Activation Price is specified, the time that such Activation Price is Reached on the Order Book.
Activation Price means a price that must be Reached for the Trailing Stop Order to be Activated.
Agreed Communication Channel means such methods of communication as approved by Us and agreed between you and Us from time to time, which may include (without limitation) telephone, email, Whatsapp, Telegram, online chat functionality and, if available, the Platform. We may withdraw the use of an Agreed Communication Channel at any time for any reason.
Ask means an Order on the Order Book to sell a certain quantity of the Base Asset for a specified price denominated in the Quote Asset.
Base Asset means the first Tradeable Asset stated in a Trading Pair; that being the Tradeable Asset being traded on the Order Book.
Bid means an Order on the Order Book to buy a certain quantity of the Base Asset for a specified price denominated in the Quote Asset.
Counterparty is any other party aside from you and Us that that participates in a Transaction.
Custom Order means any Order Type made available on the Platform from time to time that includes additional features or parameters compared to a Market Order or a Limit Order or that embeds an element of conditionality in the placing of Orders, including OCO Orders, Stop Limit Orders and Trailing Stop Orders.
Expiry Time An Accepted Order may be executed by Us in whole or in part at any time after acceptance but no later than the latest time for execution (if any) specified by you (the “Expiry Time”)
Fees: Any Transaction may incur a trading fee, that may be amended from time to time. You authorise Us to deduct any Fees directly from your Account with Us without further notice to you.
Fiat Currency means any government or central bank issued national, or supra-national, currency, or other monetary obligation denominated in such currency, and which is not a Digital Asset.
FOK: A fill or kill (FOK) order is a conditional order requiring the transaction to be executed immediately and to its full amount at a stated price. If any of the conditions are broken, then the order is immediately and automatically cancelled.
GTC: Good ’til cancelled (GTC) is an order that remains active until either the order is filled or until the close of business, defined as 5pm Australian Eastern Standard Time on that day the order is placed..
Instruction means any instruction, request, or order given to Us by you in relation to the operation of your Account with Us or to execute any Transaction, through such medium and in such form and manner as We may require.
IOC: An Immediate-Or-Cancel (IOC) order is an order to buy or sell that must be executed immediately. Any portion of an IOC order that cannot be filled immediately will be cancelled.
Limit Condition has the meaning given to that term in “Limit Order”.
A Limit Order may only execute at the Limit Price or at a better price (the “Limit Condition”). Limit Orders are not assured to be filled.
To submit a Limit Order, you must specify the relevant Trading Pair and the quantity of the Base Asset to be bought or sold, as well as the least favourable price at which you are willing to trade (the “Limit Price”).
Maker Order means an Order on the Order Book available to be Matched with a Taker Order.
Manifest Error means any error, omission or misquote (whether an error of Ours or any third party) which is manifest or palpable, including a misquote by any representative of Ours taking into account the current market and currently advertised quotes, or any error or lack of clarity of any information, source, commentator, official, official result or pronunciation. The fact that you may have entered into, or refrained from entering into, a corresponding financial commitment, contract or trade in reliance on a Transaction entered into with Us (or that you have suffered or may suffer any loss whether direct, indirect, consequential or otherwise) is deemed irrelevant as a factor and shall not be taken into account in determining whether a situation amounts to a Manifest Error.
Market Order means an Order to buy or sell a specified quantity of a Tradeable Asset at the best price that is currently available for the relevant Trading Pair on the Platform.
Matching means the Platform matching a Maker Order and a Taker Order for the execution of a Transaction as further described in clause 7 and “Matched” is to be interpreted accordingly.
OCO Order means a combination of a Limit Order and a Stop Limit Order, in respect of the same quantity of the same Digital Asset, where both Orders are submitted together and the Matching or cancellation or expiry of one of the Orders will automatically trigger the cancellation of the other Order.
Order means an instruction issued by you to Us through an Agreed Communication Channel or Platform in such form as specified by Us, which shall constitute a request to enter into an Transaction on the basis of the parameters as set out in the Order, or required to be specified for the relevant Order Type.
Order Book means the order book in respect of a particular Trading Pair maintained by the Platform.
Order Type means, in respect of an Order, the parameters determining the rules governing how this Order will interact with the Order Book, including, but not limited to, whether such Order is a Market Order or a Limit Order, the “time in force” in respect of Limit Orders, and any other relevant parameters.
OTC Services means the provision of Prices by Us to you, your submission of Trade Instructions and/or Orders, and the entry into OTC Transactions, and any related services provided by Us or any Company Affiliate or third party in connection therewith.
OTC Transaction means any bilateral over the counter transaction in Digital Assets entered into between Us and you pursuant to a Trade Instruction or an Order submitted by you (or on your behalf) to Us through an Agreed Communication Channel.
Quote Asset means the second Tradeable Asset stated in a Trading Pair; that being the Tradeable Asset in which trading is denominated on the Order Book.
Placed means, in respect of an Order, that such Order has been received by the Platform, complies with all relevant limits, filters and controls, as determined by the Platform, and is accepted by the Platform for Matching in accordance with the rules of the Platform and the relevant Order Type, and “Place” or “Placing” is to be interpreted accordingly.
Platform means the digital platform that the Company or its affiliates may make accessible to you via websites, a mobile app, an API connection or by such other means as Us or its affiliates may prescribe from time to time for the use of Our Services.
Price or Prices means We may provide indicative prices in OTC or Platform Transactions in such Products as agreed from time to time (“Prices”). Prices will be provided in response to a Price Request through an Agreed Communication Channel or Platform and will consist of either a bid price and an offer price or both a bid price and an offer price, as determined by Us at our sole discretion.
Price Request means a request made by you through an Agreed Communication Channel or Platform for a Price.
Priority means, in respect of two or more Maker Orders in the same direction (buy or sell) with the same price, the attribute of the Maker Order that was first added to the Order Book.
Products means such products as We enable you to trade in from time to time for the purposes of the OTC or Platform service, which may include (without limitation), transactions in certain Digital Assets as permitted from time to time by Us, Futures and such other products as permitted on Our sole discretion.
Reached means, in respect of a price, that the most recent Matched Orders on the relevant Order Book were Matched at that price.
Related Persons means the Company or any of its affiliates, their respective directors, shareholders, member, officers, employees, attorneys, agents, representative, suppliers or contractors (“Related Persons”).
Settlement means reflecting the Transactions resulting from the Matching of Orders in the relevant users’ Accounts with Us by updating their balances accordingly, and “Settle” is to be interpreted accordingly.
Size means, in respect of a Bid or Ask, the quantity of the Base Asset to be bought or sold.
Trading means buying or selling Tradeable Assets on the Platform or OTC channel for immediate Settlement, as further detailed in these Trading Terms.
Trading Terms. By participating in Trading you acknowledge that you have read, understood and accepted all of the terms and conditions in these trading terms (the “Trading Terms”), and you acknowledge and agree that you will be bound by and will comply with these Trading Terms. If you do not understand and accept these Trading Terms in their entirety, you should not participate.
Stop Limit Order means an Instruction to submit a Limit Order only when and if the specified Stop Price specified in respect of the Stop Limit Order is Reached.
Stop Price means the price in a stop order that triggers the creation of an order.
Supported Digital Assets means those Digital Assets that are available in connection with your use of the Our Services.
Taker Order means an Order that will be immediately Matched with another Order upon submission to the Platform.
Terms means all terms and references used are defined and construed in the Our Terms or Conditions of Use.
Tradeable Asset means any Supported Digital Assets and/or any supported Fiat Currency made available in a Trading Pair.
Trade Confirmation We may provide you with a written confirmation, setting out the terms of the OTC or Platform Transaction (a “Trade Confirmation”)
Trade Instruction means a trade request or instruction issued by you to Us through an Agreed Communication Channel or Platform in such form as specified by Us from time to time, which shall constitute an offer made by you to enter into an OTC or Platform Transaction on the basis of a Price provided by Us.
Trading Limits refers to the maximum amount by which the price can rise or fall during a trading session.
Trading Rules means any trading rules, contract specifications and other terms applicable to the Products as made available on the Platform from time time.
Trading Pair means the combination of a Base Asset and a Quote Asset that is offered for trading on the Platform.
Trailing Stop Order means a Limit Order that will be submitted only once the price of the relevant Digital Asset has moved by an amount equal to, or greater than, the Trailing Delta from the maximum or minimum price Reached after the Trailing Stop Order is Activated.
Transaction means selling, purchasing, or entering into other transactions, or agreeing to sell, purchase or enter into other transactions, in Digital Asset(s), their derivatives, other asset(s) or product(s) as We may from time to time permit to be carried out on the Platform, and depositing or withdrawing Digital Assets into or out of your Account with Us.
Website means the website located at www.neochain.com.