These terms and conditions of use (Terms) form a binding legal agreement between the customer (you, your) and A3V Group Pty Ltd trading as Krypto Xchange, ABN 83 619 475 259 (kryptoxchange.com.au).
When using any of the services you are agreeing to the following conditions in full.
Throughout the site, the terms “we”, “us” and “our” refer to Krypto Xchange. KryptoXchange offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
KryptoXchange has the right to terminate or suspend your access to the Website for any reason - with or without notice.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
We have taken proper care and precautions to ensure that the information we provide on this Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.
The information contained on this Website should not take the place of professional advice.
The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.
You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.
If you contribute to our forum (if any) or make any public comments on this Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Website.
We reserve the right to refuse or terminate service to anyone at any time without notice or reason.
KryptoXchange is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
Prices for our products are subject to change without notice.
We are working hard on improving KryptoXchange, but we can't guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss.
To access certain features of the Website you have to provide information (such as your email address and Mobile number) as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using KryptoXchange in person.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As is custom for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.
We provide buyer's agency services (Services) for digital currency purchasers, to allow you to quickly and easily buy or sell digital currency (blockchain assets) at a fair market rate.
By placing an order (Order) on the Website, you agree to be bound by these Terms, which govern all aspects of the provision of the Services.
The Services we provide are currently unregulated in Australia. However, it is our policy to comply with applicable laws and regulations regarding AML and identity verification (know your customer / KYC procedures), and to detect and prevent the use of our Services for money laundering or to facilitate criminal or terrorist activities.
How the Order works
⦁ You must carefully check and confirm the blockchain asset address ( i.e. Bitcoin or Ethereum wallet address) which you provide to us. KryptoXchange will send the blockchain asset to that wallet address.
⦁ Once an order is initiated, a verification code will be sent out to you and You must confirm your mobile phone number by SMS authentication.
⦁ Once you place the order, we will confirm the total AUD value of the order including our commission.
⦁ Once you receive your confirmation email from KryptoXchange you must pay the Australian Dollar amount for your order via OTC (Over the counter) cash deposit into the Bank account (either held by us or our agent) or POLi Payments ( when available) using the details specified in the confirmation email. You must use the reference number specified in the email as the transaction reference. Currently we only accept cash deposits and you must not transfer funds to our bank account via electronic funds transfer.
⦁ You must keep a copy of the deposit and provide it to KryptoXchange on request.
⦁ You must ensure the payment is made within the ‘valid for’ time specified on the Order confirmation page. If no ‘valid for’ time is specified on the Order confirmation page, then the default ‘valid for’ time is 3 hours.
⦁ We have no obligation to fulfil the Order if payment is not received within the specified time. If we choose not to fulfil an order then we will refund the payment for the Order to you in full.
⦁ Once we receive confirmation from our financial institution or payment processor that you have paid for your Order, we will immediately facilitate your purchase of blockchain asset using one of our cryptocurrency providers which we have accounts with.
⦁ We will immediately transfer the blockchain asset, once acquired, to the bitcoin public address that you provide in the Order form.
Appointment as your agent
⦁ You appoint KryptoXchange as your agent for the sole purpose of acquiring the blockchain assets (i.e. Bitcoin/Ethererum) under the Order.
⦁ You direct and authorise KryptoXchange to acquire the relevant amount of bitcoin set out in the Order:
a) on your behalf; and
b) at the agreed price set out in the Order form on KryptoXchange’s Website (if the actual price is different from the agreed price – in which case You will bear the difference).
⦁ The agreed price quoted on KryptoXchange’s Website is based on the most recent trade price or average price on major cryptocurrency exchanges, and it takes into account fluctuations in the trades on that exchange as well as (where relevant) the exchange rate between Australian Dollars and the other fiat currencies used by that exchange.
⦁ Our authority and responsibility as agent is limited to acquiring the blockchain asset on your behalf under the Order.
⦁ We retain full discretion to choose where to acquire the blockchain asset from.
⦁ We confirm and warrant that we do not act as agent for any cryptocurrency exchange or cryptocurrency seller or accept any commission or other form or remuneration from any cryptocurrency exchange or cryptocurrency seller.
⦁ KryptoXchange charges you a fee (Commission) which is a fixed percentage of the Australian Dollar value of your Order, which you must pay at the same time as payment for your Order.
⦁ The Commission is clearly set out on the Order page before you make an Order. We reserve the right to change the rate of the Commission at any time (except for Orders which have already been placed).
⦁ The Commission is calculated automatically and included within the total price of the Order displayed on the order confirmation page.
⦁ We charge GST on the Commission. The Commission is quoted including GST.
⦁ Immediately upon completing the Order, we will provide you with a tax invoice which specifies the amount of blockchain asset acquired, the amount of the Commission, GST charged on the Commission, and the total amount you paid for the Order.
⦁ We make no representation or warranty as to whether or not the blockchain asset that you have acquired is a creditable acquisition for Goods and Services Tax.
⦁ We are not required to confirm the identity of the seller of the blockchain asset.
⦁ Commission does not include blockchain assets (i.e. bitcoin/ether) network transfer fees (miners fees).
Appointment as your agent
⦁ We are not obliged to notify you of any malfunction in our Services, or if any Service feature is limited, restricted or ceases.
⦁ We warn you that our Services may be discontinued at our sole and absolute discretion and that our Services may be inoperable at times due to:
a) periods of high demand;
b) down time and scheduled maintenance;
c) outages to any public Internet backbones, networks or servers;
d) equipment failure including the failure of third party systems such as international or local access systems; or
e) a force majeure event.
IDENTIFICATION, PERSONAL INFORMATION AND ANTI-MONEY LAUNDERING
⦁ We reserve the right to require you to confirm your identity before fulfilling your Order.
⦁ We will only collect and use your personal information in order to confirm your identity and may perform the anti-money laundering and anti-fraud checks, and we will not use your personal information for any other purpose.
⦁ We will never disclose your personal information to any third parties (apart from our employees, officers and related entities) unless required to do so by law.
The Website will not be responsible for any losses, damages or claims arising from events falling within the scope of the following five categories:
(1) Mistakes made by the user of any Cryptocurrency-related software or service, e.g., forgotten passwords, payments sent to wrong cryptocurrency addresses, and accidental deletion of wallets.
(2) Software problems of the Website and/or any cryptocurrency-related software or service, e.g., corrupted wallet file, incorrectly constructed transactions, unsafe cryptographic libraries, malware affecting the Website and/or any -related software or service.
(3) Technical failures in the hardware of the user of any cryptocurrency-related software or service, e.g., data loss due to a faulty or damaged storage device.
(4) Security problems experienced by the user of any cryptocurrency-related software or service, e.g., unauthorized access to users' wallets and/or accounts.
(5) Actions or inactions of third parties and/or events experienced by third parties, e.g., bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties.
Delivery of all goods and services will be completed within 24 hours after the user submits payment unless an unforeseen issue arises. Otherwise, we agree to deliver - electronically - all goods and services as quickly as possible. Please be aware that KryptoXchange has no control over third party wallets or sites, and that it can take several hours for orders to show up depending on the speed & health of the network. For some sites, six (6) blockchain confirmations are required before the transfer appears completed. In case of any issues receiving orders, please contact your wallet provider. We will do all that we can to assist you, but again, we have no control over the functionality of third party websites, services, or wallets.
Due to the digital, non-tangible nature of the Website's services, KryptoXchange cannot offer refunds of any kind.
Your use of KryptoXchange is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.
KryptoXchange is not an exchange, but a buyer's agency service. As such, we do not hold users' balances (in AUD or bitcoins); we are not a "wallet" service. We will only accept orders that we are able to fill - this means that if for any reason we cannot fund a transaction, we will not accept the order.
KryptoXchange does not condone or facilitate illegal behaviour of any kind. The goods sold by the Website have been obtained legally, and we will not serve any user that we suspect is involved in criminal activities, including money laundering.
We take fraud extremely seriously and will not tolerate fraud of any kind, including payment reversal fraud. In the event that a user attempts fraud of any kind, the user will be prosecuted to the full extent of the law. KryptoXchange will pursue civil legal action seeking any loss of income related to the fraud including legal fees, investigative costs, downtime and loss of revenue.
Our business model, and our Service, consists of facilitating the buying, selling and trading of cryptocurrency and their use to purchase goods in an unregulated, international open payment system.
We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a License Agreement.
If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address: email@example.com
The trademarks and logos contained on this Website are trademarks of KryptoXchange. Use of these trademarks is strictly prohibited except with Our express, written consent.
This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.
You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Victoria.
We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.