Terms of service
1. TERMS OF SERVICE
1.1 The Cointree website and its associated mobile applications (collectively "Platform") are operated and controlled by Cointree Pty. Ltd. ACN 167 203 303 (“Cointree”, “we”, “our” or “us”).
1.2 Cointree provides the Services to customers (“Customer”, “you” or “your”), subject to these Terms of Service (“Terms”).
1.3 These Terms govern your use of the Platform and the Cointree Account and the Services. Please read them carefully.
1.4 By using the Platform, applying for a Cointree Account or using the Services, you enter into a binding legal agreement between you and Cointree, and agree to be bound by these Terms. If you disagree with these Terms, you must not use (or authorise use of) the Platform, your Cointree Account or the Services, or give any Instruction to Cointree to provide Services.
2. CUSTOMER ELIGIBILITY
2.1 To access the Services and be eligible to hold a Cointree Account, you must be:
(a) an individual over the age of 18; or
(b) a company legally incorporated and registered; and
(c) reside in an Eligible Country; and
have full capacity to enter into, agree to and comply with the Terms. Even if you are a trustee, Cointree treats you as contracting on your own behalf and contracts only with you. Cointree has no responsibilities or duties to any beneficiary or other trustee or other third parties.
2.2 Cointree reserves the right in its absolute discretion to refuse to register a Customer or provide Services to a Customer at any time, and retains the right to ask for further information or to set further requirements that may be reasonably necessary to protect Cointree's interests or comply with any law.
3. OPENING AN ACCOUNT
3.1 To open a Cointree Account, you must provide the requested information and credentials (for example, a valid email address and a password that meets our guidelines).
3.2 You can open a Cointree Account by signing up through our Platform or through one of our partners. After signing-up for a Cointree Account, you will receive an email with a link which you must click to activate the Cointree Account. For additional security, Cointree provides two-factor authentication through common third-party authenticator applications.
3.3 After successful sign-up, Cointree will create a Cointree Account for you to record your holding of Supported Coins. The Supported Coins will be held by us on your behalf in a cold wallet or in a hot wallet controlled by Cointree, or on third party exchanges.
3.4 Before you are able to access the Services, Cointree will verify your identity and, depending on the Services you wish to access, may require you to provide Cointree with the details of an Eligible Bank Account. Prior to verification, you can explore the Platform.
3.5 Cointree may suspend a Customer's access to the Platform or a Cointree Account at any time without notice if we believe, in our sole discretion, that the Customer has breached these Terms or any other applicable laws.
3.6 You are responsible for maintaining the confidentiality of your Cointree Account information, including credentials such as your password. You are responsible for all Instructions and communications which are initiated via your Cointree Account and for any resulting changes to your holding of Supported Coins recorded in your Cointree Account.
3.7 You are to notify Cointree immediately, by submitting a new request in the Help Centre, of any suspected unauthorised use of your Cointree Account, password or any of your user credentials, or any other breach of security.
4. CUSTOMER IDENTIFICATION AND VERIFICATION
4.1 Before you are able to access and use the Services, Cointree will need to verify your identity (for example, by collecting your full name, current address, date of birth and evidence of identity information).
4.2 Cointree uses third-party identity verification services for use of the Platform. The use of the third-party identity verification services is in accordance with those third-parties’ terms and conditions.
4.3 Cointree may collect or store copies of your identity documents provided to the third-party verification services in accordance with its privacy policy and purely for compliance with any applicable laws.
4.4 In addition, Cointree may require verification of your Eligible Bank Account before you are able to transact with Fiat.
5. COINTREE SERVICES
5.1 Cryptocurrency Services
Cointree generally provides services, including but not limited to:
(a) buying Coins with Fiat
(b) selling Coins for Fiat
(c) Coin-to-Coin trading,
(d) sending and receiving Coins, and
(e) other Coin related services
(Services)
5.2 Stablecoins
(a) Cointree may offer the sale of stablecoins issued by Named Stablecoin Issuers including AUDF on the Platform.
(b) To the extent that Cointree offers for sale the AUDF stablecoin, the sale of AUDF:
(i) is subject to the Product Disclosure Statement located here [https://www.cointree.com/company/pds/audf-pds];
(ii) is subject to the Target Market Determination located here [https://www.cointree.com/company/target-market-determination/]; and
(iii) is offered under the ASIC Corporations (Stablecoin Distribution Exemption) Instrument 2025/631 dated 17 September 2025.
(c) The sale of AUDF to you differs from the acquisition of other Coins by you through the Cointree Platform, albeit the process is identical. When you submit a Market Order for AUDF:
(i) Cointree will seek to fulfil that Market Order with AUDF held by Cointree as a reseller of AUDF;
(ii) the number of AUDF you may purchase may fluctuate and the maximum number of AUDF available for purchase cannot exceed the number of AUDF held by Cointree;
(iii) the price payable for the AUDF may not be 1:1 and will be subject to any Fees applicable under these Terms.
(d) If you wish to sell AUDF held by you, you may do so through the Cointree Platform or alternatively you may redeem the AUDF held by you through the issuer of AUDF, Forte Tech Solutions Pty Ltd (ACN 656 181 065) (FTS) via the FTS website.
(e) The process for selling AUDF through the Cointree Platform is identical to the sale of all other Coins.
(f) You acknowledge that Cointree is not a broker of AUDF but holds a proprietary interest in AUDF purchased through the Cointree Platform and upon completion of the Market Order, title and interest in the relevant AUDF transfers to you. Upon completion of the Market Order to sell AUDF on the Cointree Platform, title and interest in the relevant AUDF transfers from you to Cointree.
5.3 Additional Services
(a) From time-to-time, Cointree may offer Additional Services to you which will, to the extent applicable, be subject to these Terms of Service.
(b) If these Terms of Service are not applicable to any specific Additional Services, you will be notified at the time of engaging with the Additional Services.
6. USING COINTREE SERVICES
6.1 Depositing or withdrawing Fiat
(a) You may deposit or withdraw Fiat to/from your Cointree Account by using an Accepted Deposit or Withdrawal Method.
(b) Deposits or withdrawals made by way of any Accepted Deposit or Withdrawal Method are subject to the terms and conditions of any third party service or bank used to facilitate these transactions. You acknowledge that Cointree is bound by the terms and conditions that apply to Cointree’s bank account and any third party service we may use to facilitate these transactions.
(c) For deposits, once the deposited Fiat is received by Cointree, the deposited amount, less any Fees, will be shown in your Cointree Account.
(d) In relation to the operation and maintenance of an account which holds Customer funds, Cointree must:
(i) maintain accounts in accordance with any applicable law or standard; and
(ii) at all times be able to identify each Customer’s assets.
(e) Your ability to deposit or withdraw Fiat to/from your Cointree Account may be regulated by applicable law.
(f) Cointree is not required to accept any deposit of Fiat to your Cointree Account.
(g) Cointree may, in its sole discretion, impose withdrawal limits on your Cointree Account which take effect immediately and without notice. If Cointree imposes a withdrawal limit and you exceed this limit, Cointree may ask you for further information and may not process your Instruction. For the avoidance of doubt, Cointree will not charge any fees in relation to an Instruction that is not processed under this subclause.
(h) In the event of an erroneous withdrawal or overpayment of Fiat to your bank account, you agree to notify us immediately and arrange for any amount of overpayment to be returned to us within three business days. You agree that after this time, Cointree may pursue any unreturned amounts through a legal debt recovery process, provide notification to relevant regulatory bodies or authorities, and pass any cost of recovery onto you.
6.2 Transacting Coins using Fiat
(a) To transact Fiat and Coins, you must:
(i) complete and submit either a Purchase Instruction or a Sell Instruction through your Cointree Account which constitutes a Market Order; and
(ii) specify the monetary value you wish to transact.
(b) In order to buy Coins, you must have sufficient Fiat deposited into your Cointree Account.
(c) As soon as practicable following the lodgement of a Market Order, Cointree will purchase or sell the Coins at the best price able to be obtained, that is, at the market price, at the time of the Market Order.
(d) Upon completion of the transaction, Cointree will:
(i) credit your Cointree Account with the purchased Coins and debit the Fiat applicable; or
(ii) credit your Cointree Account with the Fiat and debit the Coins applicable.
(e) You acknowledged that any figure stated in your Cointree Account as being the estimate of the total Fiat or Coins which you will hold following the relevant Sell Instruction or Purchase Instruction is an estimate only and that the market for the purchase for the sale or purchase of Coins is highly dynamic and may change second to second.
6.3 Coin-to-Coin trading
(a) A Customer may trade Coins for Coins.
(b) For Coin-to-Coin trading, you must create a Coin-Exchange Instruction which specifies whether you wish to purchase or exchange Coins via the Platform, which specifies the Coin you would like to acquire and number of the Coins being traded (Base Coin).
(c) As soon as practicable following the lodgement of your Coin-Exchange Instruction, Cointree will carry out the Coin-Exchange Instruction.
(d) Cointree will notify you if the Coin-Exchange Instruction:
(i) has been successfully completed. If the Coin-Exchange Instruction is successful, the specified amount of Coin will be debited from, or credited to, your Cointree Account, as relevant;
(ii) has not been successful.
(e) You are responsible for ensuring that your Cointree Account has the correct amount of Coins necessary for an Instruction to be completed. If we cannot complete a Coin-Exchange Instruction due to an insufficient balance of Coins, it will result in a failed trade and you will be notified of the failed trade.
6.4 Scheduling Purchase Instructions
(a) You may place a series of Purchase Instructions (Recurring Instruction), whereby Cointree will complete recurring Purchase Instructions at a future date nominated by you. Each Recurring Instruction will be governed by the then current Terms.
(b) You may place an Auto Instruction, whereby you instruct Cointree to purchase or sell the Coins on the occurrence of a Price Event. When the Price Event occurs, we will immediately complete the Auto Instruction in accordance with the current Terms.
(c) If you place an Auto Instruction, and a Price Event occurs in relation to that Auto Instruction, we will execute that Instruction and send you an alert (either by email or SMS, as determined by Cointree) to notify you that the Auto Instruction has been completed.
(d) We will not process a Recurring Instruction or an Auto Instruction if there are insufficient funds or Coins (as relevant) in your Cointree Account or linked Eligible Bank Account.
6.5 Coin Portfolios
(a) You may purchase a Portfolio from the Platform. Once you have confirmed the details of the Portfolio, as set out in the Portfolio Summary, we will create a Purchase Instruction for each of the Coins listed in the Portfolio, which we will execute individually in accordance with these Terms.
(b) You acknowledge and agree that:
(i) when you confirm the Portfolio on the Platform, you are instructing Cointree to complete a Purchase Instruction for each type of Coin in the Portfolio;
(ii)Cointree may not be able to complete each Purchase Instruction in the Portfolio for reasons beyond its control; and
(iii) once Cointree has executed each Purchase Instruction to makeup the selected Portfolio, your holdings of Coins may not match the original mix of Coins in the Portfolio Summary, due to volatility, rounding and the potential for individual Purchase Instructions to fail for reasons beyond our control.
6.6 Sending and Receiving Coin
(a) Cointree supports the Sending and Receiving of Coins to/from our Platform to/from another site, device, platform, wallet or user. For security purposes, once you have completed the ‘Send (or Receive) Coin’ request in your Cointree Account (including the Coin, amount and wallet address details), you receive an email to confirm the transfer. Once confirmed, the transfer will then be processed, in accordance with these Terms.
(b) You acknowledge and agree that:
(i) you are responsible for the transfer of any Digital Assets from your Cointree Account to a different wallet or trading platform;
(ii) once you have moved Digital Assets from your Cointree Account to an external wallet or trading service, we bear no responsibility or liability for those assets;
(iii)you are solely responsible in ensuring that the address of the recipient wallet is accurate before executing any withdrawal operation;
(iv)once a Cryptocurrency transaction has been executed, it cannot be reversed. We do not assume any responsibility for checking the accuracy of recipient addresses for withdrawals made from your Account, and we cannot revoke a transfer after it has occurred;
(v)deposits for Digital Assets that are sent to an incorrect address, not supported by Cointree, or sent to a blockchain or network that Cointree does not support, are not recoverable. You are solely responsible for ensuring the correct asset, network and address are selected when sending Digital Assets to your Cointree Account; and
(vi)under no circumstances, will Cointree be responsible or liable to you for any Loss resulting from any transfer from your account.
6.7 General terms regarding Services
(a) The provision by Cointree of the Services is subject to you residing in or transacting from an Eligible Country.
(b) To access any Service requiring an exchange of Fiat (for example, buying or selling Coins for AUD), you will be required to have an Eligible Bank Account.
(c) By giving an Instruction, you agree to be bound by these Terms, which will govern all aspects of the provision of Services.
(d) An Instruction received by Cointree will be treated as validly submitted and binding on you if it was initiated via your Cointree Account using the Cointree Account credentials, even if you did not personally submit the Instruction. Cointree will not act on any Instruction that it believes, in its sole discretion, has not been validly submitted.
(e) We reserve the right to refuse, in our absolute discretion, any Instruction for any reason, and at any stage, of the transaction process. If you have already transferred funds for an Instruction that we refuse to carry out, we will refund the payment or Coin deposit in full, less any applicable third party fees.
(f) Indicative timeframes in relation to each Service will be published on the Platform and may vary from time to time. However, you acknowledge that Cointree is not able to control the process time of any Selected Coin Exchange or bank, and that Cointree is not able to guarantee any timeframe that relies on or involves a third party.
(g) Only Supported Coins are able to be transacted through your Cointree Account. If a Coin will cease to be a Supported Coin (Not-Supported Coin), Cointree will provide you with 7 days’ notice of the Coin ceasing to be a Supported Coin in the Platform. If, during this period, you do not initiate a Purchase Instruction or a Sell Instruction in respect of the Not-Supported Coin or otherwise transfer that Not-Supported Coin out of your Cointree Account, you irrevocably authorise Cointree to initiate a Sell Instruction through a Market Order to transact the Not-Supported Coin for Fiat.
7. PAYMENTS AND TRANSACTION LIMITS
7.1 Payment Methods
(a) Cointree may accept (or make) payment via any Accepted Deposit or Withdrawal Method.
(b) Cointree reserves the right to require Customers to provide evidence of deposits made as an additional verification step.
7.2 Transaction limits (a) Cointree may, in its absolute and sole discretion, implement a transaction minimum and/or a transaction maximum.
(b) Although general transaction limits may be published on the Platform from time to time, Cointree reserves the right, in its sole discretion, to impose and vary transaction limits on any Customer. You may request an increased limit, but Cointree has absolute discretion concerning limits.
8. FEES
8.1 General
(a) You authorise all Fees to be automatically charged to you at the times and in the manner specified in these Terms.
(b) All applicable Fes applied in accordance with clause 8.1(a) will be displayed on the Platform.
(c) If any Market Order, Purchase Instruction, Sell Instruction, Auto Instruction, Recurring Instruction or Sending or Receiving of Coins (each a Relevant Instruction) results in a Fee being payable to Cointree, the Fee payable will be displayed at the time of your lodgement of the Relevant Instruction.
(d) Where your Cointree Account contains insufficient Fiat or Digital Assets to satisfy the Fees applied to your Cointree Account, you acknowledge and agree that any amount due and payable by you under these Terms is a debt immediately due and payable by you in Fiat (or such other form as Cointree agrees to accept).
(e) Fees are may be calculated in accordance with Cointree’s tiered approach, based on which Cointree Account tier you hold. Fee are otherwise charged in accordance with Cointree’s policies and procedures from time to time. Further details on how Fees are calculated can be found at https://www.cointree.com/trade/fees/, or for information on the Fees and limits applicable to you from time to time can be viewed on your Cointree Account.
8.2 Administrative Fees
(a) Cointree reserves the right to charge an Administrative Fee:
(i) upon the closure of a Cointree Account by the Customer;
(ii) upon each dishonoured payment or credit card charge back applicable to the Customer’s Cointree Account (Dishonoured Payments); and
(iii) any other Administrative Fees which a Policy of Cointree states Cointree will collect from time-to-time.
(b) To the extent that Cointree charges an Administrative Fee, it will show as a Fee on your Cointree Account and Cointree may charge this Fee as Fiat or against any Coin held in your Cointree Account.
8.3 Services
Cointree may charge Fees in respect of each Service provided. All buy and sell prices, including any Fees payable on a transaction, are disclosed at the time of lodging an Instruction. There may also be fees payable to third party service providers that we engage to provide the Services.
8.4 Unallocated Deposits
Cointree may, at its discretion, deduct a monthly fee from Unallocated Deposits to cover the reasonable administrative costs, in the amount of 1% of the then current balance of the Unallocated Deposits.
8.5 Deposit and Withdrawal Fees
(a) Cointree does not charge Fees for:
(i) opening a Cointree Account;
(ii) depositing Fiat by PayID or online bank transfers;
(iii) depositing Digital Assets;
(iv) withdrawing Fiat from your Cointree Account to your Eligible Bank Account,
however, third-parties who provide services for the deposit of Fiat to your Cointree Account may charge fees which are disclosed.
(b) Withdrawals of Digital Assets will incur a standard network fee (Network Fee). Network Fees are dynamic and determined by the network you are withdrawing to and can be influenced by congestion on the destination network. The Network Fee will be listed on the cost breakdown found on the withdrawal coin page of the Platform.
9. GENERAL USE OF THE PLATFORM
9.1 You will not, and you will not permit any other person to:
(a) use or access the Platform in a way that infringes the intellectual property rights or other rights of any person;
(b) use any method or process to consolidate or combine the Platform with any other content, data, information, images or material;
(c) decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or otherwise attempt to construct or identify the source code, formulas or processes used by the Platform;
(d) do anything which will or may damage, disrupt access to, or interfere for any period of time with, the proper operation of the Platform;
(e) knowingly introduce viruses, Trojans, worms, bots, logic bombs or other malicious software;
(f) do anything which will or may place an unreasonable load on the infrastructure of the Platform;
(g) post, distribute or send any 'spamming' material or any other form of bulk communication on or using the Platform;
(h) use the Platform to transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of the Platform;
(i) impersonate any person or entity;
(j) publish on the Platform, or disseminate using the Platform, any material which is or may be unlawful, defamatory, indecent, offensive or inappropriate, or which may harass others;
(k) use the Platform for any unlawful purpose, including (without limitation) any act or omission carried out for the purpose of money laundering or terrorism financing; or
(l) otherwise use the Platform for any purpose that may harm the reputation of Cointree.
9.2 If you become aware, or should reasonably be aware, of any request or demand made of you to engage in any conduct by which you or a third party gains unfair financial or other advantage, including but not limited to dishonest or corrupt conduct, or any conduct in breach of any anti-corruption law applicable to the Platform or Services, you must promptly report it to us via email.
9.3 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction or data harvesting) on, or in relation to, the Platform.
9.4 You must not use any anonymous network or protocol to access the Platform or our Services. You will not access the Platform by any means other than the interfaces we provide for doing so
10. NO FINANCIAL, TAXATION OR LEGAL ADVICE PROVIDED
Nothing on the Platform is intended to be, or should be taken as, financial, legal, taxation or accounting advice. Customers should seek their own financial, legal, taxation or accounting advice as needed, and before using the Platform or Services.
11. ACCEPTANCE OF RISK
You acknowledge and agree that:
(a) Coins are not recognised legal tender in Australia and may not be in other countries, and that Digital Assets are not regulated by any central institution and may be subject to extreme price volatility;
(b) dealing in Coins carries a high level of risk, could result in a loss of all your invested funds and may not be suitable for all investors;
(c) you are responsible for protecting your Cointree Account details, any wallet that you direct us to transfer Coins to, computer, bank account, address and personal data against any theft, fraud or illegal activity. If you forget or lose your password, you may lose complete access to your Coins;
(d) all completed Instructions are irreversible; and
(e) you have had the opportunity to obtain independent legal, financial and taxation advice about the risks associated with transacting in Coins.
12. PERSONAL INFORMATION AND ANTI-MONEY LAUNDERING
12.1 Cointree will only collect Personal Information which is necessary to provide you with the Services or which has otherwise been disclosed to you in our Privacy Policy. Cointree will collect and manage your Personal Information in accordance with our Privacy Policy.
12.2 Cointree will use reasonable precautions to maintain the security and confidentiality of your Personal Information and data in accordance with our Privacy Policy. However, given such Personal Information and data is provided via and may be stored on the internet, you acknowledge and agree that Cointree cannot guarantee the security or confidentiality of your Personal Information and data.
12.3 You accept the risk of a third party receiving your Personal Information and data, and specifically release and indemnify Cointree from any claim arising out of a third party intercepting, accessing, monitoring or receiving any communication between you and Cointree.
13. THIRD PARTY LINKS AND PROVIDERS
13.1 General
(a) Where the Platform contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any Loss or damage that may arise from your use of them.
(b) You acknowledge that we may partner with third party service providers, including Coin issuers, to provide Services and that:
(i) we are not responsible for, nor have made any guarantee or warranty in relation to, any third party service provider or their products or services;
(ii) you may be required to agree to and comply with the third party’s terms and conditions, and undergo additional identification and verification checks, in order to access the third party’s service or to purchase the Coin issued by a third party. If you do not agree to or otherwise comply with the third party’s terms and conditions as required, we may not be able to provide you with or facilitate that service; and
(iii) the purchase and issue of Silver and Gold via the Platform is subject to the Rush Gold Terms of Use.
(c) We are not a representative of any third party service provider that we engage to provide the Services.
13.2 Chatbots
(a) From time to time, Cointree may make available an artificial intelligence powered chatbot feature available through the Platform (Chatbot).
(b) You acknowledge and agree that:
(i) any Chatbot made available through the Platform is for general informational purposes only and does not constitute legal, financial or professional advice, nor does it provide information or advice specific to your circumstances, and should not be relied upon for such;
(ii) Cointree makes no representations or warranties as to the accuracy or reliability of any information provided by a Chatbot;
(iii) you should not rely on any information provided by a Chatbot, and where you do so, you do so at your own risk;
(iv) you indemnify and hold harmless Cointree in respect of any Claim or Loss you suffer in connection with reliance on any information provided by a Chatbot.
14. NO GUARANTEE
14.1 Cointree is not required to notify you of any malfunction in the Platform or Services, or if any Service is limited, restricted or ceases.
14.2 Cointree takes reasonable steps to ensure we can deliver our Services effectively, reliably and securely. However, we do not warrant, guarantee or represent that:
(a) the Platform or Services, or any information or other material accessible through our Platform, will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component;
(b) there will be operational stability, availability or continuation of the Platform or our Services;
(c) the Selected Coin Exchanges used by Cointree will remain stable, reliable, secure, solvent or error-free;
(d) all Coins which are currently able to be transacted through Cointree will always be capable of being transacted through Cointree;
(e) the Platform or Cointree's computer systems or Selected Coin Exchanges are safe from hacking;
(f) your use of the Platform and the provision of our Services will not infringe the rights of any third party; or
(g) there will be any continuation of the agreement formed under these Terms.
14.3 In addition, we warn you that any one or all of our Services may be discontinued at our sole and absolute discretion, and that our Platform may be inaccessible at times due to:
(a) down-time and maintenance;
(b) outages to the internet, networks or servers;
(c) equipment failure, including the failure of third party systems; or
(d) a Force Majeure Event.
15. LIMITATION OF LIABILITY AND INDEMNITY
15.1 Limitation of Liability
(a) Despite anything else in these Terms:
(i) if an applicable law imposes a liability on Cointree which cannot be excluded, but permits Cointree to limit that liability, Cointree's liability is limited to the maximum extent permitted by law; and
(ii) nothing in these terms excludes the liability of Cointree for its fraud or for any other liability which by law cannot be excluded.
(b) Cointree is not liable for any damage, Loss or Claim suffered by a Customer (or any person) as a result of:
(i) you directing us to transfer Coins or Fiat to an incorrect wallet, bank account, or other destination;
(ii) you failing to deposit payment or have a sufficient Coin or Fiat balance for us to process an Instruction;
(iii) any delay by a bank or other third party provider;
(iv) Platform malfunction, breakdown, interruption or other failure, including the Platform being unavailable at any time;
(v) unauthorised use of your Cointree Account or your account credentials, including an unauthorised Instruction that is submitted from your Cointree Account;
(vi) any failure or lack of security measures;
(vii) any failure of a Selected Coin Exchange;
(viii) an inability to perform our obligations under these Terms because of factors beyond our control, including because of a Force Majeure Event;
(ix) your use of the Platform and Services generally; or
(x) you forgetting or losing passwords or access to verification technology (including dual factor authentication technology) that helps you use our Services.
(c) In addition to the other limitations of liability in these Terms, Cointree's aggregate liability in respect of claims based on events arising out of or in connection with a Customer's use of the Platform, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of either:
(i) the total amount of Supported Coins recorded in the Customer's Cointree Account; or
(ii) the value of the completed Instructions that are the subject of the claim, less the amount of any Fees that may be payable to Cointree or a third party in respect of such completed Instructions.
15.2 Loss of Coins
(a) While Cointree takes appropriate measures to ensure the Platform and all of Cointree's systems are properly secured and protected against attack, it gives no warranty that its security systems are impregnable and you acknowledge that loss of Coins held on your behalf and data referring to or belonging to you may occur and that Cointree is not liable to compensate you for the loss of any Coins.
(b) For the avoidance of doubt, reference to "loss of Coins" in clause 15.2(a) includes any reduction in your Coin balance that is caused by Cointree in order to compensate Cointree for loss suffered by it, including but not limited to loss suffered by Cointree as a result of Cointree or a Selected Coin Exchange being hacked.
15.3 Disclaimer
(a) To the maximum extent permitted by law, Cointree disclaims all warranties, either express or implied, including but not limited to:
(i) uninterrupted or continuous availability of our Services; and
(ii) implied warranties of merchantability and/or fitness for a particular purpose with respect to our Services under these Terms.
(b) In the case of suspected fraud or other suspicious activities, Cointree will report all necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and suspected breaches of the law. You agree that your Cointree Account may be suspended or frozen at any time by Cointree or at the request of any competent authority investigating a potential fraud or other suspicious activity.
(c) You acknowledge that the value and market acceptance of Coins is not determined by Cointree, and Cointree is not liable for any Loss or Claim arising out of a decline in the value of any Coins, or the refusal of any person or Selected Coin Exchange to accept any Coins.
15.4 Exclusion of Consequential Loss
Cointree will not be liable under any circumstances (including but not limited to any act or omission on our part) for damages arising out of an action under contract, negligence or for any Loss or Consequential Loss that result from your use of the Platform, our provision of the Services, or your inability to use or access the Platform.
15.5 Indemnity
(a) You indemnify Cointree and each of its directors, officers, shareholders, advisers, consultants, agents and contractors (each an Indemnitee) against all Claims and Loss including Consequential Loss which may be incurred or suffered by the Indemnitees directly or indirectly arising out of the Customer's failure to maintain sufficient Coin in your Cointree Account or Fiat in your bank account, or failing to comply with these Terms.
(b) The indemnity in clause 15.5(a) will apply regardless of whether an Instruction was provided in error, but will not apply to the extent that Losses were incurred or suffered by an Indemnitee due to the fraud or wilful default of Cointree.
(c) You agree to indemnify Cointree for any Loss we incur due to any party's unauthorised use of your Cointree Account or your account credentials.
(d) You are responsible for any tax liability or other taxation outcomes arising from your Coin holdings or completed Instructions and will indemnify Cointree where Cointree is obliged to pay tax on your behalf in respect of any Instruction.
16. CUSTOMER ACKNOWLEDGEMENTS
You acknowledge and agree that:
(a) the networks by which transactions occur are located outside of the Platform and are not controlled by Cointree. Cointree makes no warranty as to the security of Coins during transactions and will not be liable for the loss or unavailability of any Coin during a transaction;
(b) Cointree does not control the distributed ledger underlying the control and transfer of Coins. Cointree makes no warranty that transfers will be validly executed and recorded or free from dispute;
(c) the speeds of Coin transfers are outside Cointree's control. Cointree is not liable for any consequences or failures of Coin, or monetary deposits or withdrawals not being effected in a timely manner;
(d) Cointree facilitates the purchase and sale of Coins, but is not the issuer of Coins. The ability to purchase some Coins may be subject to you agreeing to comply with the terms and conditions of a third party issuer, and payment of additional fees;
(e) the Refund Policy applies to each transaction between you and Cointree; and
(f) Cointree may receive requests for information and subpoenas through process of the court, activities of taxation authorities and from other regulators and Cointree will comply with those requests without having any obligation to notify you of that request.
17. CUSTOMER REPRESENTATIONS
You represent and warrant that:
(a) you will open and operate your Cointree Account and use the Platform in accordance with these Terms;
(b) if you are:
(i) an individual, you are 18 years or older and capable of entering into a legally binding agreement;
(ii) a corporation, you are duly constituted and registered and possess the requisite power to enter into these Terms, and any individual entering into these Terms on your behalf is authorised to do so;
(c) you are not using an anonymous network to access the Platform;
(d) all information you have provided to us is correct, current and complete at the date provided, and you will promptly notify Cointree of any changes to such information;
(e) you will make ongoing disclosure to Cointree of any matters that may affect the operation of these Terms, or your ability to comply with them;
(f) you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation anti-money laundering and counter-terrorism financing laws and any relevant data protection or privacy laws);
(g) your use of the Platform or submission of Instructions does not infringe the rights of any third party or breach any applicable law;
(h) you will comply with the terms of any third party service provider that we engage, or that you engage in with, in relation to the Services;
(i) you will not use the Platform for any illegal or improper purpose, including money laundering, tax evasion or the financing of terrorist activities; and
(j) You have regular access to the internet and consent to Cointree providing you any information, including notice, via the Platform. We may also contact you by emailing the address you have provided. It is for you to ensure your contact details are current and up to date at all times, and to check for communications and information from us.
18. GOVERNING LAW AND LOCAL LAWS
18.1 These Terms are governed by the law of Victoria, Australia. You and we submit to the exclusive jurisdiction of the courts of Victoria for resolution of disputes arising in relation to these Terms.
18.2 If a mandatory law of a jurisdiction which applies to these Terms does not allow an exclusion or limitation of liability, but allows a limitation to a certain maximum extent, then our liability is limited to that maximum extent
18.3 If any provision in these Terms is invalid under any law of a jurisdiction which applies to these Terms the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve validity.
18.4 If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, void or unenforceable, then that provision shall be severed from the remaining provisions and shall not affect their validity and enforceability.
18.5 Nothing published or communicated by way of the Platform should be considered an offer or solicitation to buy or sell any service or product to any person in any jurisdiction where such offer or solicitation would be unlawful.
19. DISPUTE RESOLUTION
19.1 If a dispute arises in connection with these Terms then a party may only deal with that dispute in the manner set out in this clause.
19.2 A party to a dispute which arises in connection with these Terms may give to the other party or parties to the dispute a notice specifying the dispute and requiring its resolution under this clause.
19.3 Within 14 days after a notice is given under clause 19.2 (or such longer period as is agreed in writing by the parties to the dispute) each party to the dispute must use its best efforts to resolve the dispute in good faith.
19.4 If, despite the parties’ best efforts, a dispute not resolved within 14 days after notice, a party may by notice to the other party or parties to the dispute refer the dispute for mediation in accordance with the Mediation Rules of The Institute of Arbitrators and Mediators Australia. The mediation will be conducted by a mediator to be appointed by agreement of the parties or in default of agreement to be appointed by the President of the Law Institute of Victoria or his/her nominee at the request of a party.
19.5 If the dispute is not resolved within 14 days after the appointment of the mediator, any party may take legal proceedings to resolve the dispute.
19.6 The provisions of this clause do not prevent any party from obtaining any injunctive, declaratory or other interlocutory relief from a Court which may be urgently required.
20. TERMINATION
20.1 Termination
(a) These Terms are effective until terminated by either you or Cointree.
(b) You or Cointree may terminate the agreement in place between you and Cointree by virtue of these Terms, and close your Cointree Account, at any time with 30 Days' Notice.
(c) Cointree may suspend or terminate your access to the Platform and your Cointree Account at any time where:
(i) Cointree identifies or reasonably suspects that you have breached these Terms, including (without limitation) by failing to comply with applicable laws or the terms of a third party service provider;
(ii) Cointree encounters unexpected operational or other difficulties that mean, in Cointree's sole view, that it is no longer able to maintain the Platform or provide the Services;
(iii) Cointree receives a request from a law enforcement or other government agency to do so; or
(iv) a Cointree Account has been inactive for a period of six months.
20.2 Effect of termination
(a) Subject to complying with the law, Cointree will endeavour to notify you in advance of such suspension or termination or if that is not practical, as soon as possible after.
(b) In the event of termination, you are no longer authorised to access or use your Cointree Account or the Platform. However, all restrictions imposed on you and all Cointree disclaimers and limitations of liability set out in these Terms will survive termination.
(c) Any pending Instructions entered prior to the suspension or termination of your Cointree Account will be refused and not carried out. Any deposit received in respect of pending Instructions may be refunded to you, less any applicable fees payable to a third party.
21. VARIATION
21.1 Cointree may vary these Terms by providing notice at any time. The Customers will be taken to have accepted any changes by continuing to use the Platform or Services after notice is provided.
21.2 You acknowledge that Cointree may vary these Terms immediately without notice, and that this clause 21 is reasonably necessary to protect Cointree's legitimate business interests.
22. DORMANT ACCOUNTS
If Cointree determines, acting reasonably, that a Customer’s Cointree Account is dormant (that is, the Customer has not accessed its Cointree Account for a period of at least five years), Cointree may choose to follow its “Account Closure” Policy as established from time-to-time.
23. GENERAL TERMS
23.1 Cointree may assign, novate, transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms without notice.
23.2 These Terms, together with the Privacy Policy and the Refund Policy, comprise the entire agreement between you and Cointree in relation to your use of the Platform and the Services and supersede any prior agreements between the parties.
23.3 In the event of any inconsistency between the English language version of these Terms or a document referred to in these Terms and their translated equivalent in any language, the English language version shall prevail to the extent of any inconsistency.
24. UNALLOCATED DEPOSITS
24.1 Any or all of the Fiat and/or Coins held by Cointree may be classified as Unallocated Deposits.
24.2 You may make a claim to Cointree in relation to any Unallocated Deposits, that the Fiat and/or Coins are not Unallocated Deposits, by contacting us via our Help Centre.
24.3 If, after assessing your claim in relation to any Unallocated Deposits, we determine that your claim is a Valid Claim, subject to these Terms, we will either refund those Unallocated Deposits to you, after deducting our Fees.
24.4 If we classify Fiat or Coins as Unallocated Deposits, and, after a period of 5 years has elapsed since making that classification, there has been no change to that classification, Cointree may, at its discretion, remit the Unallocated Deposits to the Commonwealth of Australia Consolidated Revenue Fund, where it is available to be claimed by you.
24.5 Where Unallocated Deposits have been remitted by Cointree to the Commonwealth of Australia Consolidated Revenue Fund, Cointree shall have no further obligations (in relation to the Unallocated Deposits) to their rightful owner or any claimant, including but not limited to, any obligation to provide assistance to you.
24.6 Fees are payable on Unallocated Deposits in accordance with clause 8.4.
25. DEFINED TERMS
Accepted Deposit or Withdrawal Method means deposit (or withdrawal) methods accepted by Cointree as published on the Platform from time to time, and may include cash deposits at eligible physical locations, electronic funds transfer, PayID, or other bank transfer methods.
Additional Services means Services which are offered by Cointree from time-to-time which are not the primary service of the provision of a cryptocurrency exchange system.
ADI means an financial institution licensed by the Australian Prudential Regulatory Authority (APRA) to carry on banking business, including accepting deposits from the public.
Administrative Fee means a Fee payable in accordance with clause 8.2 and calculated in Cointree’s sole discretion in accordance with Cointree’s policies and procedures from time to time.
Auto Instruction means a standing Instruction placed via the Platform for Cointree to buy or sell Coin(s) on your behalf at a future point in time upon the occurrence of a Price Event.
Claim means any claim, action, counterclaim, proceeding or demand howsoever arising.
Coin means a cryptographic unique software coin, or any part of, or interest in, a coin, including coin and altcoins, and any other Digital Asset that may be traded via a Selected Coin Exchange or third party providers, such as Rush Gold.
Cointree Account means the Customer's account maintained by Cointree, which allows (among other things) the Customer to record and trade Coins, and to receive and withdraw Supported Coins.
Coin-Exchange Instruction means an instruction made by you to Cointree via the Platform to purchase one Coin with another Coin, or to exchange one Coin for another Coin.
Consequential Loss means any indirect or consequential loss whatsoever, including loss of profits, data, goodwill, reputation, opportunity, goodwill or any business interruption or other pecuniary loss or any incidental damages, punitive damages or exemplary damages.
Digital Asset means any electronically transferable and storable representation of value or entitlement, implemented through distributed ledger technology or comparable systems. This includes, without limitation, cryptocurrencies, stablecoins, and tokenised forms of other digital assets.
Eligible Bank Account means a valid Australian bank account which is an ADI accepted by Cointree. An Eligible Bank Account must be held in the individual Customer’s name (whether as the primary or joint account holder) or, if the Customer is a company, we will require the authorised signatory to have undergone Cointree’s identification and verification checks.
Eligible Country means a country in which it is legal to sell and trade cryptocurrencies and Digital Assets, and which does not present an unreasonable money laundering/terrorism financing risk, as determined in our sole discretion.
Fee means the fees or charges (including Administrative Fees) payable by the Customer in accordance with clause 8 and calculated in Cointree’s sole discretion in accordance with Cointree’s policies and procedures from time to time.
Fiat means the Australian Dollar (AUD or A$).
Force Majeure Event means events or causes including but not limited to, the following: an act of God, unavoidable accident of navigation, war (whether declared or not), sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), martial law, fire, flood, cyclone, earthquake, landslide, explosion, power or water shortage, failure of a transmission or communication network, epidemic, quarantine, strike or other labour difficulty or expropriation, restriction, prohibition, law, regulation, decree or other legally enforceable order of a government agency, breakage or accident, change of International, State or Commonwealth law or regulation or any damage of Cointree's machinery or systems, unless occurring as a result of an act, omission, default or negligence of the effected party.
Help Centre means Cointree's customer support website located at: https://support.cointree.com
Instruction means any instruction given by a Customer to Cointree via the Platform, including but not limited to a Purchase Instruction, Sell Instruction, a Coin-Exchange Instruction, an Order, an Auto Order and a Recurring Order.
Loss means any damages, costs, charges, expense, liability and losses, including taxes and legal fees.
Market Order means an order to purchase or sell Coins at the best price that we are able to obtain for a Customer at market at the time the purchase or sale is completed, as determined in Cointree’s sole discretion, minus a Fee.
Personal Information has the meaning given by the Privacy Act 1988 (Cth).
Policy means a process, procedure or policy established by Cointree and communicated to Customers and the broader public accessed through the Cointree Website and Help Centre which informs the processes which Cointree will follow to determine its interactions with Customers from time-to-time and include the Privacy Policy and the Refund Policy and such policies may be amended or updated from time-to-time to best reflect the law and operational requirements of the Cointree systems and Services.
Portfolio means a portfolio of Coins created by Cointree or the Customer, which is created on or accessed via the Platform, and includes the amount of each Coin to be purchased, as well as price details and variations.
Portfolio Summary is a summary of the Portfolio selected by a Customer, which is sent to the Customer to confirm the selection of each Coin in the Portfolio prior to Cointree submitting the Purchase Instructions to purchase the relevant Coins.
Price Event means a particular Coin selected by you being available on market for Cointree to purchase or sell on your behalf at the price nominated by you.
Privacy Policy means the Cointree Privacy Policy accessible on the Platform.
Purchase Instruction means an Instruction made by you to Cointree via the Platform to purchase Coin(s) using Fiat.
Refund Policy means the policy located at: https://www.cointree.com/company/refund-policy/
Selected Coin Exchange means the selected domestic or international Coin exchanges used by Cointree from time to time to provide our Service.
Rush Gold Terms of Use means the Rush Gold Terms of Use governing the issue and ownership of Silver and Gold that is located at: https://rush.gold/terms-of-use
Sell Instruction means an instruction made by you to Cointree via the Platform to sell Coin(s) for Fiat.
Services has the meaning given to it in clause 5, or any other service, offering, or product provided by Cointree.
Specified Fiat Amount means the monetary value for which you wish to purchase Coins, or the monetary value you wish to realise by selling Coins.
Supported Coins means Coins that Cointree is able to support on its Platform and record in your Customer Account. This list may vary from time to time without notice. Coins that are financial products within the meaning of the Corporations Act 2001 (Cth) are not Supported Coins.
Two-Factor Authentication Feature means the optional two-step authentication feature, which uses an eligible mobile phone number to authenticate access to and use of your Cointree Account.
Unallocated Deposits means deposits of Fiat and/or Coin, where, for a period of 18 months after the date of the deposit:
(a) we are unable to identify you or any other customer as the owner of the Cointree Account; and
(b) you have not made a Valid Claim for all or part of the Unallocated Deposits.
Valid Claim means, in relation to an Unallocated Deposit or a potential Unallocated Deposit, a claim by you that you are entitled to receive payment of all or part of the Unallocated Deposits, which includes sufficient evidence (as determined in the sole discretion of Cointree) that:
(c) the Fiat and/or Coins which are the subject of your claim were deposited by you;
(d) the Cointree Account was validly opened and accessed by you; and
(e) you are entitled to the amounts of Unallocated Deposits which are the subject of the claim.
Last updated: 26 November 2025