Terms of Use – Ebonex Australia Pty Ltd

1. Terms of Use

(a) Ebonex Australia Pty Ltd (ACN 649 668 011) of L41.08 225 George Street Sydney, NSW, Australia 2000 operates an ecosystem of websites including this website (Website), mobile applications and other applications (Ebonex Platform and/or EbonExclusive Platform). The Ebonex Platform and/or EbonExclusive Platform provide access to the services offered by Ebonex Australia Pty Ltd and/or its subsidiaries and affiliates (referred to as “Ebonex”, “EbonExclusive”, “we”, “our” or “us”).

(b) These terms of use (Terms) govern your use of the Ebonex Platform or EbonExclusive Platform and the Ebonex or EbonExclusive exchange services to buy, sell and trade coins, tokens, crypto, digital currency, or digital assets of the like (collectively, cryptocurrency), as provided to you through the Ebonex Platform or EbonExclusive Platform (Services). Please read these Terms carefully.

(c) By accessing or using the Ebonex Platform and/or EbonExclusive Platform you agree to be bound by these Terms and you make or give the acknowledgements, representations or warranties (as applicable) in these Terms. You should immediately cease using the Ebonex Platform and/or EbonExclusive Platform if you do not agree to these Terms.

(d) Ebonex Australia Pty Ltd may amend or modify this Agreement at any time, in an exercise of our sole discretion, by posting the revised agreement on the Ebonex Website and/or providing a copy to you (a “Revised Terms of Use”). The Revised Agreement shall be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Agreement constitutes your acceptance of such Revised Agreement and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms of Use.

(e) By clicking “I Agree”, registering and creating an account or accessing or using any part of the Services, you expressly represent and warrant that you are agreeing to accept and comply with these Terms. You must not use the Services if you do not agree to these Terms.

(f) You should read the entire Terms of Use carefully before you use the Ebonex Platform and/or EbonExclusive Platform or any of the Services.

(g) The Ebonex Platform and/or EbonExclusive Platform and Services are intended for users within Australia only.

(h) If you are a participant outside Australia, you are responsible for ensuring that your country has no rules or laws that bans you from trading in cryptocurrency. We shall not be held responsible for any loss you suffer and we disclaim liability of any nature arising from your country’s rules or laws against trading in cryptocurrency.

(i) We will make every effort to advise customers of actual or pending restrictions or bans concerning cryptocurrencies under Australian laws but we will not be responsible for any loss suffered as a result of such changes nor our failure to provide timely advice.

2. Registration

2.1 Registration

(a) You must register for an account to use the Ebonex Platform or EbonExclusive Platform (a “Ebonex Account” or an ” EbonExclusive Account”). By using a Ebonex Account or EbonExclusive Account you agree and represent that you will use Ebonex or EbonExclusive Account only for yourself, and not on behalf of any third party, unless you have obtained prior approval from Ebonex Australia Pty Ltd. You are fully responsible for all activity that occurs under your Ebonex Account or EbonExclusive Account. We may, in our sole discretion, refuse to open an Ebonex Account or an EbonExclusive Account, or limit the number of Ebonex or EbonExclusive Accounts that you may hold or suspend or terminate any Ebonex or EbonExclusive Account or the trading of specific Digital Currency in your account.

(b) During registration for your Ebonex or EbonExclusive Account, you agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Ebonex or EbonExclusive Services. Your access to one or more Ebonex or EbonExclusive Services and the limits that apply to your use of the Ebonex or EbonExclusive Services, may be altered as a result of information collected about you on an ongoing basis.

(c) The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorise us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full.

(d) You authorise your wireless operator to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to Ebonex or EbonExclusive with your wireless operator account profile information for the duration of the business relationship. Our processes for collecting, storing and using your personal information is set out in our privacy policy. See section 14 for more information.

(e) You are solely responsible for maintaining and protecting the confidentiality and security of your Account (including, but not limited to, your log-in credentials, two factor authentication device, linked email account, any bank account used in connection with your Account, phone number and any information you have provided in connection with your Account). We are not responsible or liable for any unauthorised access to, or use of, your Account (even where you may not be aware of such unauthorised access) except to the extent we have failed to take reasonable steps to secure the Platform.

(f) When you register, you must provide a valid email address and a password. You must keep your email address and password private, and not disclose them to any other person. If you have lost or forgotten your password, you can request that we send an email containing a password reset link to your registered email address.

(g) You agree to take all reasonable steps to protect your username and password at all times and not disclose it to anyone for any reason. Other than to log into the Ebonex Platform or EbonExclusive Platform to access the Services, we will never ask you to disclose your password to us or to any third party via email or otherwise. We may ask you to change your password, but recommend you do so regularly in any case.

(h) You agree to familiarise yourself with good practice concerning the selection and management of passwords. In particular, consider using a password management service and do not choose a password that you use for another service or is readily guessed from information that can be obtained about you.

(i) If you have any suspicion that your username or password or other confidential information regarding your registration has been lost, stolen, accessed inappropriately or otherwise compromised, you should change your password and contact us at support@ebonex.com.au as soon as possible. You also agree to contact us as soon as possible if you actually become aware of the theft or misappropriation of your username or password, or of any unauthorised access in relation to your registration.

(j) You must take your own precautions to ensure your access to the Ebonex Platform or EbonExclusive Platform and use of the Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or other personal devices. We recommend that you install and use up to date anti-virus, anti-spyware and firewall software on your computer.

(k) We may use your email address registered with us from time to time to send you confidential communications, including password resets. You agree to take reasonable steps to protect your registered email and keep it secure and only accessible by you.

(l) You must not:

(i) register multiple times; or

(ii) impersonate or create an account for any person other than yourself except where you have been authorised to create a non-individual account.

(m) Subject to clause 18(b), you may cancel your registration by notifying us at support@ebonex.com.au.

(n) We may suspend or cancel your registration, either temporarily or permanently, if you breach, or we reasonably believe:

(i) your account is at risk, been compromised or for other general security reasons, in which case you will be unable to access your account until it is reactivated; or

(ii) you have breached or fail to comply with any of these Terms or any other agreement in place relevant to the Ebonex Platform or EbonExclusive Platform and Services.

2.2 Eligibility

(a) To create an account and use the Services you must:

(i) if a natural person, be at least 18 years of age or the age of majority in the jurisdiction where you reside;

(ii) be legally capable of entering into binding contracts;

(iii) not been previously suspended or removed from the Ebonex Platform or EbonExclusive Platform or using the Services;

(iv) not currently already be registered on the Ebonex Platform or EbonExclusive Platform except where you are acting as an Authorised Representative (defined at section 2.3(c)).

(b) Ebonex or EbonExclusive is not obliged to accept any account application applicant and has sole and absolute discretion to accept or reject applications to open accounts. Ebonex or EbonExclusive has no responsibility or liability towards any applicant unless and until Ebonex or EbonExclusive provides written confirmation that an account has been successfully opened for such an applicant.

(c) By creating an account and using the Services, you acknowledge and confirm that you will comply with the criteria contained in paragraph (a).

2.3 Account types

(a) There are two types of account that can be registered on the Ebonex Platform and/or EbonExclusive Platform, being individual accounts and corporate accounts.

(b) Individual accounts are registered in the name of one natural person who is, and will continue to be, the only person authorised to take any action in the account. By opening an individual account, you represent and warrant that you are and will at all times continue to be the sole beneficial owner of the account and user of all Services provided by Ebonex or EbonExclusive.

(c) Corporate accounts are owned by a company, association, partnership, government body or other legally recognised and/or incorporated group (interchangeably defined as an “Entity”) holding an account on the Ebonex Platform or EbonExclusive Platform in any capacity other than an individual capacity. An Entity can apply to open an account through any natural person(s) who is duly authorised by the Entity to do so (Authorised Representative).

(d) Authorised Representatives represent, warrant and agree, on behalf of the relevant Entity, as well as on their own behalf, that the Authorised Representative:

(i) is fully authorised to bind the Entity and execute all documents or do all things necessary to otherwise complete our requirements in the Authorised Representative’s stated capacity;

(ii) has provided us all documents or other information necessary to demonstrate and verify that authority; and

(iii) will provide other documents and complete other requirements as we may request from time to time.

(e) We may refuse to recognise any such authorisation in relation to a corporate account if, in our sole and absolute discretion, it appears to be incomplete or improperly executed.

(f) By opening a corporate account, the Authorised Representative represents and warrants on behalf of the Entity that the Entity is, and shall at all times continue to be, the sole beneficial owner of the account and user of all Services provided by Ebonex or EbonExclusive and that the ultimate beneficial owners of all assets belonging to the Entity are as represented during the establishment of the account.

(g) You may only make changes to your Account with our consent. We may require you to comply with our security procedures before we consent to any changes.

(h) Your Account is to be used only by you or any person nominated by you and approved by us in accordance with our policies and procedures.

(i) You may not assign or otherwise transfer your Account to any other person or entity.

2.4 Anti-money laundering and counter-terrorism financing

a) Ebonex Australia Pty Ltd (ACN 649 668 011) is registered with the Australian Transaction Reports and Analysis Centre (AUSTRAC) as a digital currency exchange service provider (DCE 100760253).

(b) We are required to comply with anti-money laundering and counter-terrorism financing (AML/CTF) laws, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) (AML/CTF Laws).

(c) Prior to providing the Services to you, we will collect and verify your personal information as required under the AML/CTF Laws. We may also report your transaction activity to AUSTRAC.

(d) You acknowledge and agree to provide all reasonable assistance to us in complying with our obligations under the AML/CTF Laws and warrant that all information provided to us with respect to this is accurate and up to date. We may refuse to provide the Services to you and cancel your registration if you do not assist us in complying with the AML/CTF Laws.

(e) Our processes for collecting, storing and using your personal information is set out in our privacy policy. See section 14 for more information.

3. Use of content on the Ebonex Platform or EbonExclusive Platform

(a) The Ebonex Platform or EbonExclusive Platform is subject to copyright and possibly other intellectual property rights.

(b) We grant you a limited, non-transferable licence to access and use the Ebonex Platform or EbonExclusive Platform or Services solely for your personal, non-commercial purposes.

(c) We (or our licensors) retain all rights, title, and interest in and to the Ebonex Platform or EbonExclusive Platform, and nothing you do on or in relation to the Ebonex Platform or EbonExclusive Platform or in connection with the Services will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any intellectual property rights unless this is expressly stated.

(d) Except as provided in these Terms, any use or copying of the Ebonex Platform or EbonExclusive Platform for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us if you wish to seek such consent (see section 20 for contact details).

(e) Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny your access to or use of the Ebonex Platform or EbonExclusive Platform without notice if you breach, or we reasonably believe you have breached, any of these Terms.

(f) You acknowledge and agree that the Platform and the Services are our property and are protected by copyright, intellectual property and other applicable laws.

(g) You agree not to access our Services by any means other than through the Platform.

(h) The trademarks, service marks, product names, company names and logos used on the Platform are either owned by us or are licenced or used with permission from a third-party owner. Any third- party trademark, service mark, product name, company or logo remains the property of the respective owner.

(i) The software, text, images, graphics, data, prices, trades, charts, graphs, video, audio or other similar information used, displayed or otherwise made available on the Platform belong to us or is available to us under licence, unless otherwise stated. This information should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, whether manual or automated.

4. Linking to the Ebonex Platform or EbonExclusive Platform

(a) We encourage you to provide links to the Ebonex Platform or EbonExclusive Platform. While you may use the name “Ebonex” or “EbonExclusive” in the text of any such link, you may not use the Ebonex or EbonExclusive logo or any of our other trademarks without our prior written consent.

(b) You must not frame the Ebonex Platform or EbonExclusive Platform or represent or imply that any part of the Ebonex Platform or EbonExclusive Platform belongs to anyone other than us.

(c) If we notify you that we object to the manner in which you provide links to the Ebonex Platform or EbonExclusive Platform, you must immediately cease providing such links.

5. Service terms

5.1 Ebonex or EbonExclusive Fiat exchange service

(a) As part of the Services, we may enable you to exchange fiat currency for cryptocurrency (and vice versa) (Fiat Exchange Service).

(b) You acknowledge and agree that each transaction relating to the Fiat Exchange Service constitutes a transaction as between you and Ebonex or EbonExclusive as principal. Ebonex or EbonExclusive may facilitate Fiat Exchange Service transactions with you through back-to-back transactions with various third-party cryptocurrency exchange dealers (Exchange Dealers) that may correlate to Fiat Exchange Service transactions entered into with you, however Ebonex or EbonExclusive is not acting on your behalf in relation to any transaction with an Exchange Dealer. All monies owed by you under a transaction are owed to us as a principal counterparty and not to any other person. You do not have any relationship nor engage in any transaction directly with an Exchange Dealer through the Fiat Exchange Service.

(c) Cryptocurrency may only be exchanged for Australian dollars using the Fiat Exchange Service (and vice versa). However, we may support other fiat currencies from time to time (in our absolute discretion).

(d) The rate at which we will exchange cryptocurrency for fiat currency (and vice versa) is periodically published on the Ebonex Platform or EbonExclusive Platform and subject to change in our absolute discretion. Once you have nominated to enter into a Fiat Exchange Service transaction with us, the exchange rate for the transaction will be disclosed at the time for the specified amounts of fiat currency and cryptocurrency (as applicable) to be exchanged (Set Rate).

(e) When a Fiat Exchange Service transaction is accepted by us to exchange fiat currency for cryptocurrency:

(i) we will provide you with the relevant payment details for which to make the fiat currency payment under the exchange transaction;

(ii) you acknowledge and agree that:

(A) you must immediately pay the amount of fiat currency that corresponds to the Set Rate; and

(B) we will not complete an exchange transaction until we have received the fiat currency amount that corresponds to the Set Rate; and

(iii) you must provide us with your nominated cryptocurrency wallet address that supports the relevant cryptocurrency. You must not nominate a cryptocurrency wallet address that is not owned by you. Note that we do not request, and you should not provide any person (including us) with the private key, password or secret combination for your wallet.

(f) When a Fiat Exchange Service transaction is accepted by us to exchange cryptocurrency for fiat currency:

(i) we will provide you with the relevant cryptocurrency wallet address to which you must transfer the cryptocurrency under the exchange transaction;

(ii) you acknowledge and agree that:

(A) you must immediately transfer the type and amount of cryptocurrency that corresponds to the Set Rate; and

(B) we will not complete an exchange transaction until we have received the cryptocurrency type and amount that corresponds to the Set Rate; and

(iii) you must provide us with your nominated Australian bank account details. You must not nominate a bank account under these Terms that is not owned by you.

(g) We will transfer Australian dollars to your Australian bank account, on your behalf in accordance with your instructions, only if:

(i) you have provided us with valid Australian bank details (including applicable Bank-State-Branch number and account number) that corresponds to an Australian bank account that you own (and not a third party bank account); and

(ii) our banking provider network is available.

5.2 Cryptocurrency to cryptocurrency exchange

(a) As part of the Services, we may enable you to exchange one cryptocurrency for another by matching buy and sell requests between users on the Ebonex Platform or EbonExclusive Platform (Cryptocurrency Exchange Service).

(b) By using the Cryptocurrency Exchange Service, you authorise Ebonex or EbonExclusive (including where necessary as your agent) to match your instructions to buy or sell the specified cryptocurrency at nominated price (Instructions) against Instructions from other users wishing to use the Cryptocurrency Exchange Service. Upon matching, all transactions will be subject to settlement and delivery, and any Instruction is irrevocable authority from the relevant user to Ebonex or EbonExclusive to settle the transaction by transferring the cryptocurrency in question from the seller to the buyer (minus any fees owed to Ebonex or EbonExclusive under section 6).

(c) Ebonex will generally execute Instructions in the order they are placed by users, having regard to the nominated price. Ebonex or EbonExclusive may, at its absolute discretion, pause an Instruction or only fill an Instruction in part where the Instruction cannot be fully executed (e.g. a large Instruction that cannot be fulfilled due to market demand).

(d) Instructions may only be changed or cancelled prior to Ebonex or EbonExclusive matching that Instruction with another user’s Instruction. For any partially matched Instruction, you may cancel the unmatched part of the Instruction. Ebonex or EbonExclusive reserves the right to reject any change or cancellation request related to the Instruction you have submitted.

(e) You acknowledge and agree that each transaction relating to the Cryptocurrency Exchange Service is a sale and purchase between you and another user of the Cryptocurrency Exchange Service and not between you and Ebonex or EbonExclusive. Ebonex or EbonExclusive acts on your behalf (including as an agent where required) in providing the Cryptocurrency Exchange Service.

(f) Ebonex or EbonExclusive does not vet, endorse, recommend or guarantee the identity or validity of any other user of the Ebonex Platform or EbonExclusive Platform or Services. We make no warranties whatsoever in relation to any user.

5.3 Exchange services generally

(a) You will be able to view records of transactions made under the Services through your account.

(b) Despite any other provision in these Terms, we retain the right to refuse to provide the Services to you for any reason, such right to be exercised in our sole and absolute discretion.

(c) You acknowledge and agree that you must not direct us to make a payment to any third party in connection with an exchange transaction. You acknowledge and agree that we may refuse any direction by you to make a payment to a third party and we will not be liable to you for any loss resulting from such refusal.

(d) You can only enter into exchange transactions through the Services that are settled immediately. We will not support nor engage in any forward contracts, futures, derivatives or any other transaction for which payment is to be delayed or referable to anything external to the exchange transaction.

(e) We may delay, suspend or cancel a transaction if we believe the transaction may breach law or these Terms.

(f) We reserve the right to delay, suspend or cancel a transaction if there are technical reasons that prevent us from completing the transaction, or if Ebonex or EbonExclusive is unable to execute the transaction. This may be subject to reliance on a third-party provider, where we have reasonable belief that the trade is subject to illegal activity or fraud, technical difficulties or subject to a law enforcement action.

(g) We may offer promotional or incentive programs (such as a referral program) or additional services offered by us (Additional Services) or a third party (whether directly or in partnership with us) (Third Party Services). We may vary or withdraw Additional Services or Third-Party Services at any time.

(h) In relation to Third Party Services, as part of accessing such services, unless otherwise stated, you may be required to agree to additional terms and conditions directly with the provider of the Third-Party Service and those terms will govern your use of the Third-Party Service. We do not guarantee or warrant the Third- Party Services.

(i) A fiat currency payment to your nominated Australian bank account will generally be completed within 1-3 business day(s) of the execution of the exchange transaction.

(j) Cryptocurrency transfers are subject to the block processing times of the applicable network supporting the relevant cryptocurrency, which vary and cannot be accurately estimated. However, cryptocurrency transfers have historically completed within 1 day.

(k) Subject to clause 12 and to the extent permitted by law, we will not be liable to you or any other party for any loss, cost, damage, expense, fees, charges or liability suffered or incurred in relation to using the Services including:

(i) any delayed or failed cryptocurrency transfer due to congestion on any cryptocurrency network or any other circumstances beyond our control;

(ii) you transferring cryptocurrency to the wrong account address or another account address other than an address provided by us in relation to the relevant exchange transaction;

(iii) us transferring cryptocurrency to the wrong account address as a result of you providing us with the wrong account address details to which we will transfer cryptocurrency for an exchange transaction;

(iv) loss of cryptocurrency as a result of you nominating a smart contract wallet address or attempting to transfer cryptocurrency from a smart contract wallet address;

(v) any fluctuations in the market price of any cryptocurrency used in relation to the Services;

(vi) any circumstances that are beyond our control that cause any delays in the timeframe set out in paragraphs (i) and (j) to complete a fiat or cryptocurrency payment; and

(vii) you entering incorrect details in any of your instructions to us.

(l) Subject to clause 12, we are not liable for mistaken, delayed or unauthorised payments from you to us.

(m) Where we are required to transfer Australian dollars to you under the Fiat Exchange Service and the receiving financial institution rejects or otherwise returns any payment to us, we will repay that amount of Australian dollars to you.

5.4 Transaction limits

(a) All transactions for:

(i) the exchange of fiat currency for cryptocurrency through the Fiat Exchange Service;

(ii) the exchange of cryptocurrency for fiat currency and subsequent transfer of fiat currency to your Australian bank account through the Fiat Exchange Service;

(iii) the exchange of one cryptocurrency for another through the Cryptocurrency Exchange Service,

must not exceed A$50,000 per user per day and A$2,000,000 per user per month for Ebonex Platform users.

(b) Transaction Limit for EbonExclusive’s Customer:

For EbonExclusive’s customer, Ebonex and/or EbonExclusive reserve the sole right to set a daily transaction amount limit for security or compliance or regulatory requirements reason (e.g. following risk assessment of customer’s profile, change in laws and regulations, etc.) and which is communicated to the customer either by email or posting this in our Website or by any other appropriate means without any reason(s) given. In such cases, Ebonex and/or EbonExclusive shall not be liable to the customer for any damage or loss (whether direct or indirect losses) suffered by the customer.

(c) Other transaction limits may apply, including those for the Ebonex and/or EbonExclusive Platform or imposed by third parties. We will notify you prior to entering into any transaction if the proposed transaction exceeds any applicable transaction limits or is not permissible or such changes made may be announced in our Website where applicable.

(d) You must not direct us to make any payment that exceeds the limits set out in this clause 5.4. You acknowledge and agree that we may refuse any direction by you to make a payment that exceeds the limits set out in this clause 5.4 and we will not be liable to you for any loss resulting from such refusal.

6. Fees

The fees payable to us for your use of the Services are disclosed on the Ebonex Platform or EbonExclusive Platform, as amended from time to time. You will not use, or authorise or enable others to use, the Services without paying the fees to us that are applicable to that use.

7. Cryptocurrencies

7.1 Legal status

(a) The legal status of cryptocurrency (including cryptographic coins, tokens and digital assets) remains uncertain in many countries and jurisdictions around the world. Such cryptocurrency may be legally prohibited in certain countries or jurisdictions, or be subject to specific restrictions and limitations with which you are solely responsible for complying at your own risk and expense. We take no position on the legal status of any cryptocurrency.

(b) It is your responsibility to undertake your own investigations and enquiries and satisfy yourself of the legal status of the cryptocurrency (particularly in Australia). You acknowledge and agree that you use cryptocurrency through the Services at your own risk.

(c) The Services will only support the cryptocurrency we determine from time to time (in our absolute discretion). However, it is your responsibility to ensure that you do not use any cryptocurrency through the Services that are financial products within the meaning of the Corporations Act 2001 (Cth) (Corporations Act). It is also your responsibility to ensure that you do not deal in any financial product cryptocurrency through the Services. We will not support financial products in any form.

7.2 Delivery

(a) Ebonex or EbonExclusive is not responsible or liable for any cryptocurrency transferred from the Ebonex Platform or EbonExclusive Platform to another site, device, platform or user.

(b) Ebonex or EbonExclusive is not responsible or liable for any cryptocurrency not traded on the Ebonex Platform or EbonExclusive Platform that have been sent to the Ebonex Platform or EbonExclusive Platform or cryptocurrency that has been sent to an incorrect wallet address or a wallet address for a different cryptocurrency. It is important for you to take precautions when transferring and storing your cryptocurrency whether on the Ebonex Platform or EbonExclusive Platform or through other sites, wallets or devices. We take no responsibility for misappropriation or theft of your cryptocurrency. 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. You are strongly advised to double check that you have inserted the correct wallet address where required.

(c) If we determine (in our sole reasonable discretion) that transferring cryptocurrency or fiat currency to you would be unlawful, or in any way contrary to our AML/CTF obligations, we may suspend such a transfer for as long as we reasonably determine is required. You agree that when this occurs, you have no claims regarding the delayed transfer and agree to assist us with every request for information in this regard.

(d) Ebonex or EbonExclusive and our third-party providers may experience cyber-attacks, extreme market conditions, or other operational or technical difficulties which could result in the immediate halt of transactions either temporarily or permanently. Provided that Ebonex or EbonExclusive has taken reasonable commercial and operational measures to prevent such events in technical systems controlled by Ebonex or EbonExclusive, Ebonex or EbonExclusive is not and will not be responsible or liable for any loss or damage of any sort incurred by you as a result of such cyber-attacks, operational or technical difficulties or suspensions of transactions.

7.3 Ownership of cryptocurrency

By using the Services, you represent and warrant to us at all times during which you use the Services that any cryptocurrency used by you in connection with the Services is owned by you or that you are validly authorised to carry out transactions using such cryptocurrency.

7.4 Risks of trading and holding cryptocurrency

(a) The trading or holding of cryptocurrency involves significant risks and the losses can be substantial. You should carefully consider and assess whether trading or holding cryptocurrency is suitable for you depending upon your financial circumstances and tolerance to risk.

(b) Due to the significant risks of trading cryptocurrency as well as the impact of technology and the international market, Ebonex or EbonExclusive cannot warrant or guarantee that particular cryptocurrency will be available as part of the Services. Ebonex or EbonExclusive reserves the right to stop offering trades in relation to particular cryptocurrency as part of the Services. We will use our reasonable endeavours to notify you if we cease to support trading a particular cryptocurrency. If this is the case, you will not be able to convert that cryptocurrency into Australian dollars or any other currency, however you will be given the option to move the cryptocurrency to another platform or third-party website.

(c) The Ebonex Platform or EbonExclusive Platform will participate in forks, airdrops and any other similar mechanisms at Ebonex’s or EbonExclusive’s absolute discretion. Users should withdraw cryptocurrency to an address under their own control prior to a fork if they wish to have access to any resultant tokens.

(d) By using the Ebonex Platform or EbonExclusive Platform and Services, you acknowledge that Ebonex, EbonExclusive and the Ebonex Platform or EbonExclusive Platform and Services do not operate on a regulated exchange and Ebonex or EbonExclusive cannot warrant or guarantee the creditworthiness of other users with whom you may trade cryptocurrency.

8. No AFSL or Australian market licence

(a) We will not support the exchange of cryptocurrency that are financial products through the Services.

(b) You acknowledge and agree that we do not hold, or operate under:

(i) an Australian financial services licence (AFSL) and that the Services do not constitute the provision of a financial service that would require trigger the requirement for us to hold an AFSL; and
(ii) an Australian market licence and the Services do not constitute the provision of a facility through which offers to buy and sell financial products are regularly made and accepted, which would trigger the requirement for us to hold an Australian market licence.

(c) All text, images, audio recordings, video recordings, and other information and content, including but not limited to, market, exchange or trading information, tools, indicators, and materials (Materials) hosted or made available on or through the Ebonex Platform or EbonExclusive Platform or Services is provided:

(i) for general information purposes only; and
(ii) without any regard whatsoever to the personal circumstances of any person.

(d) Materials hosted or made available on or through the Ebonex Platform or EbonExclusive Platform or Services does not constitute financial advice regarding any cryptocurrency or any financial product or an offer, solicitation, recommendation or invitation to buy, sell or deal in any way with any cryptocurrency or any financial product.

(e) All statements, representations, estimations, projections or forecasts made in or through the Ebonex Platform or EbonExclusive Platform or Services by any other person does not represent our opinion or have our endorsement.

(f) Before acting on, or relying upon, any Materials hosted or made available on or through the Ebonex Platform or EbonExclusive Platform or Services, we strongly recommend that you:

(i) undertake your own investigations and enquiries; and

(ii) seek independent legal, accounting, tax, financial, business, technical and other professional advice from an appropriately qualified professional advisor.

9. User Content

(a) You must not provide any material through the Ebonex Platform or EbonExclusive Platform (Your Content) that:

(i) infringes the intellectual property or other rights of another person;

(ii) is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

(iii) relates to unlawful content;

(iv) creates a privacy or security risk to any person, including be soliciting personal information from any person;

(v) is false, misleading or deceptive;

(vi) contains financial, legal, medical or other professional advice;

(vii) would harm, abuse, harass, stalk, threaten or otherwise offend;

(viii) would reflect negatively on us, including our goodwill, name and reputation;

(ix) tampers with, hinders the operation of, or makes unauthorised modifications to the Ebonex Platform or EbonExclusive Platform or Services;

(x) would breach any applicable laws; or

(xi) would result in civil or criminal liability for you, us or any third party.

(b) By providing us with any of Your Content, you:

(i) grant us a non-exclusive, worldwide, royalty-free, perpetual licence (including a right of sublicence) to use, copy, modify or otherwise exploit Your Content in connection with our provision and promotion of the Ebonex Platform or EbonExclusive Platform or Services; and

(ii) warrant that you have the right to grant such licence.

(c) You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from any claim made by any third party arising out of Your Content.

(d) We may, without notice to you, review, modify or remove any of Your Content in our absolute discretion including where we believe it violates these Terms.

(e) The Ebonex Platform or EbonExclusive Platform is not designed to be a long-term storage medium. You are solely responsible for securing and backing up Your Content.

10. General restrictions

(a) In using the Ebonex Platform or EbonExclusive Platform and Services, you must not:

(i) provide us with inaccurate or incomplete information;

(ii) participate in market manipulation activity of any kind (e.g. pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether it is prohibited by law);

(iii) make commercial use of the Ebonex Platform or EbonExclusive Platform or Services without Ebonex’s or EbonExclusive’s written consent (including trading services using Ebonex’s or EbonExclusive’s Services),

(iv) violate any applicable laws, or use the Ebonex Platform or EbonExclusive Platform or Services for any purpose that is unlawful (including but not limited to infringing intellectual property rights, money laundering, terrorism financing, paying of ransomware, illegal gambling or other criminal activities);

(v) distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the Ebonex Platform or EbonExclusive Platform or operation of any computer hardware or software whether directed at the Ebonex Platform or EbonExclusive Platform or its users or not;

(vi) give any instruction or enter any transaction, or do or undertake any other activity, whether through the Services, which would or may negatively affect the performance of the Ebonex Platform or EbonExclusive Platform or Services or our reputation;

(vii) use and/or take advantage of a technical or technological error, loophole or glitch on our Ebonex Platform or EbonExclusive Platform or through our Services;

(viii) do anything that will result in us breaching any applicable laws (including the AML/CTF Laws and the Corporations Act);

(ix) access the Ebonex Platform or EbonExclusive Platform or Services by any means other than those authorised by these Terms (including virtual private networks);

(x) use the Ebonex Platform or EbonExclusive Platform or Services for the purpose of obtaining, processing, distributing, viewing, assessing, analysing, copying or replicating any information, methods or processes related to the Ebonex Platform or EbonExclusive Platform or Services (including data scraping, the use of collection or accumulation tools and robotic or scripted responses);

(xi) use the Ebonex Platform or EbonExclusive Platform, Services or any information contained in either for commercial purposes which are competitive to the Ebonex Platform or EbonExclusive Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;

(xii) 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 Ebonex Platform or EbonExclusive Platform or which may otherwise place an unreasonable load on the infrastructure of the Ebonex Platform or EbonExclusive Platform;

(xiii) reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Ebonex Platform or EbonExclusive Platform or Service’s source code, formulae or processes;

(xiv) collect or store data about other users of the Ebonex Platform or EbonExclusive Platform or Services; or

(xv) engage in any other conduct that inhibits any other person from using or enjoying the Ebonex Platform or EbonExclusive Platform or Services.

(b) Any user of the Ebonex Platform or EbonExclusive Platform or Services that breaches these Terms within this page may have their ability to use the Ebonex Platform or EbonExclusive Platform or Services terminated, as well as any pending transactions cancelled. You may also be held liable for any losses incurred by Ebonex or EbonExclusive or any other user of the Platform.

(c) Ebonex or EbonExclusive encourages users to report any problems or vulnerabilities with the Ebonex Platform or EbonExclusive Platform and Services by contacting us at dpo@ebonex.io.

11. Insurance

Ebonex and EbonExclusive maintains an insured custody solution, backed by a leading underwriter, to cover any loss incurred by Ebonex or EbonExclusive of cryptocurrency private keys generated and stored offline in cold storage wallets. Customers are not a party to Ebonex’s or EbonExclusive’s insured solution.

12. Warranties and liability

12.1 General

(a) All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these Terms and the Ebonex Platform or EbonExclusive Platform and Services that are not contained in these terms of use, are excluded to the maximum extent permitted by law.

(b) In particular, and without limiting paragraph (a):

(i) while we endeavour to provide a convenient and functional Ebonex Platform or EbonExclusive Platform and Services, we do not guarantee that your requirements will be met or that your use of the Ebonex Platform or EbonExclusive Platform or Services will be uninterrupted error free or that the Ebonex Platform or EbonExclusive Platform and Services are free of viruses or other harmful components; and

(ii) we cannot be responsible for any loss, corruption or interception of data sent to or from the Ebonex Platform or EbonExclusive Platform which occurs outside of our computer system (such as those which occur while being sent over the internet).

(c) Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited.

(d) If any guarantee, term, condition or warranty is implied into these terms of use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for a breach of the Non-Excludable Provision is limited to the supplying of the Services again, or the payment of the cost of having the Services supplied again.

(e) Subject to paragraphs (f) and (g) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms or the Ebonex Platform or EbonExclusive Platform whether in contract, tort (including negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to A$250.

(f) Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:

(i) special, indirect, consequential, incidental or punitive damages; or

(ii) damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

(g) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.

12.2 Your warranties

(a) You represent and warrant that:

(i) you will only use the Ebonex Platform or EbonExclusive Platform and Services in accordance with these Terms;

(ii) you are duly authorised and have the capacity to provide each instruction and enter into each transaction using the Services;

(iii) you will comply with all applicable laws of Australia and any other jurisdiction in which or from which you give instructions or enter transactions using the Services;

(iv) all cryptocurrency amounts are sourced from legal origins that you own or otherwise have full legal authority to deal with the cryptocurrency;

(v) your use of the Services and entering into transactions does not infringe the rights of any third party or any applicable law; and

(vi) you understand that your use of the Services may be suspended at any time at our discretion for breach of these Terms or at the request of any government authority investigating a fraud or other suspicious activity.

(b) To the full extent permitted by applicable law, you agree to indemnify Ebonex or EbonExclusive against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred arising directly or indirectly from your use of the Ebonex Platform or EbonExclusive Platform, Service or from your breach of these Terms.

13. Links and advertisements

The Ebonex Platform or EbonExclusive Platform and Services may contain links to other third-party websites and advertisements which include embedded links, which are provided for your information only. We have not reviewed any of the sited linked to the Ebonex Platform or EbonExclusive Platform or Services and are not responsible for the content or accuracy of any offsite pages or any other sites linked to the Ebonex Platform or EbonExclusive Platform or Services. The inclusion of any link or advertisement does not imply that we endorse or approve the linked site or the subject matter of the advertisement. You access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

14. Privacy

(a) In using the Ebonex Platform or EbonExclusive Platform and Services, you may give us personal information. By using the Ebonex Platform or EbonExclusive Platform and Services, you grant us consent to collect, store, use and disclose such personal information in accordance with our privacy policy (see here [https://ebonexau.zendesk.com/hc/en-us/articles/4407191527055-Privacy- Policy]).

(b) You are not required to provide us with your personal information, but if you do not we may be unable to provide you with some or all of our services (including the Services).

(i) how we store and use, and how you may access and correct your personal information;

(ii) how you can lodge a complaint regarding the handling of your personal information; and

(iii) how we will handle any complaint.

(d) You may update any personal information you have given us at any time through your account on the Ebonex Platform or EbonExclusive Platform.

(e) We take all reasonable steps to ensure that any personal information that we collect and use is accurate, complete and up-to-date.

(f) We may process and store information about you on a device located outside the country where you live in electronic form or hard copy.

(g) You have a right to access, update or delete any personal information that we hold about you. Sometimes there may be a reason such as legitimate business or legal reasons as to why access will not be possible. If that is the case, you will be told why. We may combine information about you from the Ebonex Platform or EbonExclusive Platform with information from other products and services we develop on our own.

(h) We collect anonymised data, through the use of “cookies”. Cookies are small pieces of information which are sent to your browser and stored on your computer’s hard drive. We may use cookies to recognise you as a customer and user of Ebonex or EbonExclusive Service, to customise our services and advertising, and to collect information in order to alleviate the risk of fraud and illegal conduct. We may also utilise cookies to assist in delivering targeted advertising campaigns at certain times through third party sites. Personally identifiable information is not captured by the cookies used for advertising.

15. Infringing or objectionable content

If you believe the Ebonex Platform or EbonExclusive Platform or Services contain elements that are objectionable, or infringe copyright or any other rights please contact us at dpo@ebonex.io and provide particulars of such content and a detailed description of why it is objectionable or infringing.

16. Dispute resolution

(a) We are committed to dealing with customer complaints promptly and resolving issues in accordance with our policies.

(b) If you wish to make a complaint about the Services, you can contact us as set out in section 20. Please include your name, email address and/or telephone number and set out as much information as possible concerning your complaint.

(c) We treat all information submitted in connection with a complaint in confidence. Any information collected during the internal dispute resolution process is collected for the purpose of evaluating and improving the process.

(d) We seek to acknowledge receipt of all complaints within 5 business days and we will strive to resolve all complaints within 30 days. This may not be possible in all circumstances and will depend on the nature of any particular complaint.

(e) We may contact you by the contact information provided by you to discuss your complaint and may ask you to provide additional information.

(f) Where we cannot resolve a complaint within 30 days, we will notify you of the reasons for the delay and we will provide you with an indication of when we expect to resolve the complaint.

(g) We will give you a written response to your complaint and the reasons for reaching a particular decision. If you believe that we have failed to address your complaint satisfactorily, we will provide you with information about any further steps you can take.

17. Variation

(a) We may from time to time and without notice, vary, modify or discontinue (temporarily or permanently), any or all of the Ebonex Platform or EbonExclusive Platform or Services.

(b) We may unilaterally vary these Terms from time to time. We will display a notice on the Ebonex Platform or EbonExclusive Platform (and notify you by means of your nominated communication method if you are receiving the Services) indicating when any such revisions have been made. By continuing to access the Ebonex Platform or EbonExclusive Platform or use the Services once the revised Terms have become effective, you agree to be bound by such revised Terms. If you do not agree to the revised Terms, you must not access the Ebonex Platform or EbonExclusive Platform or any of the Services and, subject to clause 18(b), you should contact us at support@ebonex.com.au to cancel your registration.

(c) We regularly change and improve the Ebonex Platform or EbonExclusive Platform and Services. We may automatically update the Ebonex Platform or EbonExclusive Platform and Services whenever a new version or feature is available or if we remove certain functionality for any reason. You will not have any recourse if we change or remove any functionality, and you will not do anything to restrict or prevent such updates applying to any products and services that you have developed or use in connection with the Ebonex Platform or EbonExclusive Platform and Services.

(d) The Ebonex Platform or EbonExclusive Platform and Services may use third party products and services that we licence or otherwise use legally but we provide no warranty or assurance whatsoever that the Ebonex Platform or EbonExclusive Platform and Services will continue to use those third-party products and services in the future.

18. Suspension, termination and cancelation

(a) We may at any time refuse to complete, block, or reverse a transaction you have authorised (or part thereof) and/or limit, suspend, restrict, or terminate your access to any or all of the Services or the Ebonex Platform or EbonExclusive Platform (including your account) if:

(i) you gain or attempt to gain unauthorised access to another user’s account;

(ii) you are, as determined in our absolute discretion, or we reasonably suspect you are, using the Services or Ebonex Platform or EbonExclusive Platform to perform illegal activities such as money laundering, terrorism financing, paying of ransomware, online gambling or other criminal activities;

(iii) you breach these Terms such as failing to make a payment or transfer of cryptocurrency as required under these Terms;

(iv) there is a technical or operational difficulty;

(v) required by law; or

(vi) we receive a request from a law enforcement or government agency to do so.

(b) You may terminate your account at any time provided you do not have any incomplete or pending transactions or trades.

(c) Suspension or termination of your Account shall not affect the payment of fees or other amounts you owe to our company. In the event that your Account is suspended or terminated, we will immediately cancel all open orders associated with your Account, block all withdrawals and bar the placing of further orders until resolution or Account cancellation.

19. General

(a) Additional terms and conditions may apply to specific aspects, services or features of the Ebonex Platform or EbonExclusive Platform or Services. All such terms and conditions apply in addition to, and prevail over, these Terms.

(b) If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(c) These Terms are governed by the laws of New South Wales, Australia. If you are a resident in Australia, each party submits to the non-exclusive jurisdiction of the courts of the State or Territory in which you ordinarily reside. If you are not resident in Australia, each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.

(d) Nothing in these Terms limits any liability we or you may have in connection with any representations or other communications (either oral or written) made prior to these Terms, where such liability cannot be excluded (including under section 18 of the Australian Consumer Law).

(e) Subject to paragraph (d), these Terms supersede all previous agreements, understandings, negotiations, representations and warranties about its subject matter and embodies the entire agreement between the parties about its subject matter.

(f) Neither party will be liable for any failure or delay in performing any of its obligations under these Terms if such delay is cause by circumstances beyond that party’s reasonable control.

(g) Your use of the Ebonex Platform or EbonExclusive Platform and Services is conducted electronically, and you agree that we may communicate with you electronically for all aspects of your use of the Ebonex Platform or EbonExclusive Platform and Services, including sending you electronic notices.

(h) Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of these Terms is not affected.

(i) The provisions of these Terms which by their nature survive termination or expiry of these Terms will survive termination or expiry of these Terms.

(j) No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.

(k) Although the Ebonex Platform or EbonExclusive Platform and Services may be provided in languages other than English, the version of these Terms in English will prevail to the extent of any inconsistency and to the extent of the inconsistency only.

(l) The word “including” when used in these terms of use is not a term of limitation.

20. Contact us

For further information about the Ebonex Platform or EbonExclusive Platform, the Services, these terms of use, or to make a complaint, please contact us the details set out below.

Attention: Client Support

Company: Ebonex Australia Pty Ltd

Address: Level 41, Suite 8, 225 George Street, Sydney, NSW 2000

Email: support@ebonex.com.au

Related Articles

Privacy Policy – Ebonex Australia Pty Ltd

Risk Warning Statement – Ebonex Australia Pty Ltd

Terms and Conditions for OTC – Ebonex Australia Pty Ltd