Terms of service

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Notice: These updated terms of service will be effective on 17 Janurary 2022. Click here to view the current version.

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The website https://www.cointree.com (Website) is operated and controlled by Cointree Pty. Ltd. ACN 167 203 303 (Cointree, we, our or us).

Cointree provides the Services to customers (Customer, you or your), subject to these terms and conditions (Terms).

These Terms govern your use of the Website and the Cointree Account and the Services. Please read them carefully.

By using the Website, 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 Website, your CoinTree Account or the Services, or give any Instruction to Cointree to provide Services.

1. CUSTOMER ELIGIBILITY

1.1 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.

1.2 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.

2. OPENING AN ACCOUNT

2.1 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).

2.2 You can open a Cointree Account by signing up through our Website or, where available, through an App or 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, you may choose to activate the Two-Factor Authentication Feature.

2.3 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.

2.4 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 Website.

2.5 Cointree may suspend a Customer's access to the Website 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.

2.6 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.

2.7 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.

3. DEPOSITING FUNDS INTO YOUR COINTREE ACCOUNT

3.1 You may deposit AUD into your Cointree Account by using an Accepted Deposit Method.

3.2 Deposits made via POLi Payments are subject to the POLi Payments terms and conditions, including any fees charged. Deposits and withdrawals made by way of electronic funds transfer or other bank transfer are subject to your bank’s transfer terms and conditions. You acknowledge that Cointree is also bound by the terms and conditions that apply to Cointree’s bank account.

3.3 Once the deposited AUD is received by Cointree, the deposited amount, less any fees, will be shown in your Cointree Account. All AUD that is credited to your Cointree Account will be held on trust for you in a bank account that is under Cointree’s name, or under the name of a custodian appointed by Cointree.

3.4 In relation to the operation and maintenance of an account which holds Customer funds, Cointree must:

(a) Maintain accounts in accordance with any applicable law or standard

(b) At all times be able to identify each Customer’s assets, and

(c) Not mix its own funds with funds held on behalf of Customers.

3.5 Your ability to deposit AUD into and withdraw AUD from your Cointree Account may be regulated by applicable law.

3.6 Cointree is not required to accept any deposit of AUD to your Cointree Account.

3.7 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, you will not be charged any fees or retain funds in relation to an Instruction that is not processed under this subclause.

4. CUSTOMER IDENTIFICATION AND VERIFICATION

4.1 Before you are able to access 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 In addition, Cointree may verify your bank account before you are able to transact with Fiat.

5. COINTREE SERVICES

Cointree provides the following services:

(a) Buying Coins with Fiat

(b) Selling Coins for Fiat

(c) Coin-to-Coin trading, and

(d) Enabling the payment of bills, by facilitating the sale of an amount of your Coins equivalent to the monetary amount of the bill, connecting you with a third party provider who will pay the bill on your behalf and transferring the proceeds of the sale of Coins to that provider.

(Services)

6. USING COINTREE SERVICES

Buying Coins

6.1 To buy Coins, you must first complete and submit a purchase Instruction, and specify the monetary value of Coins you wish to use to purchase Coins (Specified Fiat Amount).

6.2 After receiving your Purchase Instruction, Cointree will provide you with a Quote for the number of Coins that may be purchased for the Specified Fiat Amount. The Quote will be based on the current market price of the Coin you wish to purchase and will disclose any commission that may be payable. A Quote will only remain valid for acceptance if the market price remains within the Threshold of the market price used to calculate the Quote.

6.3 To proceed with the Purchase Instruction, you must:

(a) Accept the Quote, and

(b) Deposit the Specified Fiat Amount via an Accepted Deposit Method in accordance with instructions specified by Cointree.

6.4 Subject to the market price for the relevant Coin being within the Threshold of the market price used to calculate the Quote, once Cointree receives your acceptance and deposit of the Specified Fiat Amount, Cointree will complete the Purchase Instruction and credit the purchased Coins to your Cointree Account.

6.5 You can view your account balance at any time via your Cointree Account. Selling Coins

6.6 To sell Coins for Fiat, you must first create a sell Instruction via your Cointree Account, which specifies the Coin you wish to sell, and the monetary amount (Specified Fiat Amount) you wish to realise from the sale of the Coin(s).

6.7 After receiving your Sell Instruction, Cointree will provide you with a Quote for the amount of Coin(s) you will need to sell to realise the Specified Fiat Amount. The Quote will be based on the current market price of the Coin you wish to sell after deducting any fees payable. A Quote will only remain valid for acceptance if the market price remains within the Threshold of the market price used to calculate the Quote.

6.8 To proceed with the Sell Instruction, you must accept the Quote.

6.9 Subject to the market price for the relevant Coin being within the Threshold of the market price used to calculate the Quote, upon your acceptance of the Quote, Cointree will:

(a) Debit the quoted amount of Coin(s) from your Cointree Account, and

(b) Credit the Specified Fiat Amount, less any fees payable, to your Cointree Account.

Coin-to-Coin trading

6.10 A Customer may trade Coins for Coins.

6.11 For Coin-to-Coin trading, you must create a Coin-Exchange Instruction which specifies whether you wish to purchase or exchange Coins via the Website, which specifies the Coin you would like to acquire and number of the Coins being traded (Base Coin). After receiving the Coin-Exchange Instruction, Cointree will provide the Customer with a Quote to show the number of the specified Coins that can be acquired for the stated number of the Base Coin after deducting any fees payable if the Instruction is successfully completed.

6.12 Quotes are based on market price rates, include an adjustment for fees, and are not fixed-price quotes. A Quote will only remain valid for acceptance if the market price remains within the Threshold of the market price used to calculate the Quote.

6.13 To proceed with the Coin-Exchange Instruction, you must accept the Quote. Subject to the market price for the relevant Coin being within the Threshold of the market price used to calculate the Quote, once you have accepted the Quote, Cointree will carry out the Coin-Exchange Instruction, subject to clause 6.17.

6.14 Cointree will notify you if the Coin-Exchange Instruction has been successfully completed. Similarly, you will be notified if the trade is not successful. There is no guarantee that your acceptance of the Quote will result in the successful completion of your Coin-Exchange Instruction.

6.15 If the Coin-Exchange Instruction is successful, the specified amount of Coin will be debited from or credited to your Cointree Account, as relevant.

6.16 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 an 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. Paying bills with Coins

6.17 You may sell Coins recorded in your Cointree Account to fund bill payments. You can do this by creating a Sell-to-pay-bill Instruction, and entering the dollar amount of the bill you wish to be paid and select the Coin you wish to sell to fund the bill payment.

6.18 Upon receiving your Sell-to-pay-bill Instruction, Cointree will provide you with a Quote. Upon your acceptance of the Quote, Cointree will sell the necessary amount of your selected Coin and connect you with a third party provider, who will use the cash-amount to process the bill payment.

6.19 For the avoidance of doubt, Cointree is only connecting you with a third party who will remit the cash-amount to the issuer of the bill, and is not paying the bills on your behalf. The third party provider will provide this service based on their own terms and conditions, which you must agree to with the third party to be provided with the service. Cointree is not liable for any loss suffered by you as a result of the failure of any third party provider that we engage to assist with this service. Further information can be found on our Website. Market Orders

6.20 You may place a Market Order with us for the purchase or sale of Coins. On receipt of the Market Order, we will provide you with a Quote based on the best price we can achieve at market, and then immediately complete the Market Order based on the Quote. You acknowledge that the Quote that you accept is an estimate only, and the best price at market may vary between the time the Quote is provided and the time the Market Order is completed.

6.21 When we complete the Market Order, we will advise you of the amount of Coin acquired, sold or otherwise traded on your behalf. You agree that any Commission owing to us can be deducted from your Cointree Account.

Scheduling Purchase Instructions

6.22 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.

6.23 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 then current Terms.

6.24 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.

6.25 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.

Coin Portfolios

6.29 You may purchase a Portfolio from the Website. 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.

6.30 You acknowledge and agree that:

(a) when you confirm the Portfolio on the Website, you are instructing Cointree to complete a Purchase Instruction for each type of Coin in the Portfolio;

(b) Cointree may not be able to complete each Purchase Instruction in the Portfolio for reasons beyond its control; and

(c) 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 the volatility of the Quotes, rounding and the potential for individual Purchase Instructions to fail for reasons beyond our control.

General terms regarding Services

6.31 The provision by Cointree of the Services is subject to you residing in or transacting from an Eligible Country.

6.32 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.

6.33 By giving an Instruction, you agree to be bound by these Terms, which will govern all aspects of the provision of Services.

6.34 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.

6.35 We reserve the right to refuse, in our absolute discretion, any Instruction for any reason, and at any stage, of the transaction process. For the avoidance of doubt, Cointree may refuse to carry out an Instruction after a Quote has been accepted by you. 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.

6.36 Indicative timeframes in relation to each Service will be published on the Website 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.

6.37 Only Supported Coins are able to be deposited and withdrawn from your Cointree Account.

7. TRANSACTION LIMITS

7.1 Cointree may, in its absolute and sole discretion, implement a transaction minimum and/or a transaction maximum.

7.2 Although general transaction limits may be published on the Website 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. PAYMENT METHODS

8.1 Cointree may accept payment via any Accepted Deposit Method.

8.2 Cointree reserves the right to require Customers to provide evidence of deposits made as an additional verification step.

9. FEES

9.1 Cointree does not charge a fee for opening or holding a Cointree Account.

9.2 Cointree may charge fees in respect of each Service. All buy and sell prices, including any fees payable on a transaction, are disclosed [on the Website], and any commission payable will be disclosed in the Quote. There may also be fees payable to third party service providers that we engage to provide the Services.

9.3 Fees charged for each Service, as varied from time to time, will also be displayed on the Website.

10. USE OF THE WEBSITE GENERALLY

10.1 You will not, and you will not permit any other person to:

(a) Use or access the Website 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 Website 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 Website

(d) Do anything which will or may damage, disrupt access to or interfere for any period of time with the proper operation of the Website

(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 Website

(g) Post, distribute or send any 'spamming' material or any other form of bulk communication on or using the Website

(h) Use the Website to transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of the Website

(i) Impersonate any person or entity

(j) Publish on the Website, or disseminate using the Website, any material which is or may be unlawful, defamatory, indecent, offensive or inappropriate, or which may harass others

(k) Use the Website 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 Website for any purpose that may harm the reputation of Cointree.

10.2 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 Website or Services, you must promptly report it to us via email.

10.3 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 Website.

10.4 You must not use any anonymous network or protocol to access the Website or our Services. You will not access the Website by any means other than the interfaces we provide for doing so.

11. NO FINANCIAL, TAXATION OR LEGAL ADVICE PROVIDED

Nothing on the Website 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 Website or Services.

12. RISK INVOLVED

12.1 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.

13. PERSONAL INFORMATION AND ANTI-MONEY LAUNDERING

13.1 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.

13.2 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.

13.3 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.

14. THIRD PARTY LINKS AND PROVIDERS

14.1 Where the Website 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.

14.2 You acknowledge that we may partner with third party service providers, including Coin issuers, to provide Services. You acknowledge that:

(a) 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;

(b) 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

(c) the purchase and issue of Rush.Gold via the Website is subject to the Rush Gold Terms of Use.

14.3 We are not a representative of any third party service provider that we engage to provide the Services.

15. NO GUARANTEE

15.1 Cointree is not required to notify you of any malfunction in the Website or Services, or if any Service is limited, restricted or ceases.

15.2 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 Website or Services, or any information or other material accessible through our Website, 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 Website or our Services

(c) The Selected Coin Exchanges used by Cointree will remain stable, reliable, secure, solvent or error-free

(d) The Website or Cointree's computer systems or Selected Coin Exchanges are safe from hacking

(e) Your use of the Website and the provision of our Services will not infringe the rights of any third party, or

(f) There will be any continuation of the agreement formed under these Terms.

15.3 In addition, we warn you that either one or all of our Services may be discontinued at our sole and absolute discretion, and that our Website 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.

16. LIMITATION OF LIABILITY AND INDEMNITY

16.1 Despite anything else in these Terms:

(a) 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

(b) Nothing in these terms excludes the liability of Cointree for its fraud or for any other liability which by law cannot be excluded.

16.2 Cointree is not liable for any damage, loss or cost suffered by a Customer (or any person) as a result of:

(a) You directing us to transfer Coins or Fiat to an incorrect wallet, bank account, or other destination

(b) You failing to deposit payment, or having a sufficient Coin or Fiat balance, for us to process an Instruction

(c) Any delay by a bank or other third party provider

(d) Website malfunction, breakdown, interruption or other failure, including the Website being unavailable at any time

(e) Unauthorised use of your Cointree Account or your account credentials, including an unauthorised Instruction that is submitted from your Cointree Account

(f) Any failure or lack of security measures

(g) Any failure of a Selected Coin Exchange

(h) An inability to perform our obligations under these Terms because of factors beyond our control, including because of a Force Majeure Event

(i) Your use of the Website and Services generally, or

(j) You forgetting or losing passwords or access to verification technology (including dual factor authentication technology) that helps you use our Services.

16.3 While Cointree takes appropriate measures to ensure the Website 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.

16.4 For the avoidance of doubt, reference to "loss of Coins" in clause 16.3 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.

16.5 To the maximum extent permitted by law, Cointree disclaims all warranties, either express or implied, including but not limited to:

(a) Uninterrupted or continuous availability of our Services, and

(b) Implied warranties of merchantability and/or fitness for a particular purpose with respect to our Services under these Terms.

16.6 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 including any profits, data, goodwill, reputation, opportunity, goodwill or any business interruption or other pecuniary loss or any incidental damages, punitive damages or exemplary damages whatsoever that result from your use of the Website, or our provision of the Services, or your inability to use or access the Website.

16.7 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.

16.8 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 Website, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the greater of either:

(a) The total amount of Supported Coins recorded in the Customer's Cointree Account, or

(b) 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.

16.9 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 a decline in the value of any Coins, or the refusal of any person or Selected Coin Exchange to accept any Coins.

16.10 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.

17. INDEMNITY

17.1 You indemnify Cointree and each of its directors, officers, shareholders, advisers, consultants, agents and contractors (each an Indemnitee) against all liabilities, claims, losses and expenses (Losses) 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. Losses may include consequential losses and any legal fees incurred in defending or responding to Losses. This indemnity 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 willful default of Cointree.

17.2 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.

18. CUSTOMER ACKNOWLEDGEMENTS

18.1 You acknowledge and agree that:

(a) The networks by which transactions occur are located outside of the Website 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, and

(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.

19. CUSTOMER REPRESENTATIONS

19.1 You represent and warrant that:

(a) You will open and operate your Cointree Account and use the Website in accordance with these Terms

(b) If you are an individual, you are 18 years or older and capable of entering into a legally binding agreement

(c) If you are 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

(d) You are not using an anonymous network to access the Website

(e) 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

(f) 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

(g) 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)

(h) Your use of the Website or submission of Instructions does not infringe the rights of any third party or breach any applicable law

(i) 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

(j) You will not use the Website for any illegal or improper purpose, including money laundering, tax evasion or the financing of terrorist activities, and

(k) You have regular access to the Internet and consent to Cointree providing you any information, including notice, via the Website. 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.

20. GOVERNING LAW AND LOCAL LAWS

20.1 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.

20.2 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.

20.3 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.

20.4 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.

20.5 Nothing published or communicated by way of the Website 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.

21. DISPUTE RESOLUTION

21.1 If you have a complaint, please refer to our complaints process on the Website.

  1. TERMINATION

22.1 These Terms are effective until terminated by either you or Cointree.

22.2 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.

22.3 Cointree may suspend or terminate your access to the Website and your Cointree Account at any time where:

(a) Cointree identifies or reasonably suspects that you have breached the Agreement or any other aspect of these Terms, including (without limitation) by failing to comply with applicable laws or the terms of a third party service provider

(b) Cointree encounters unexpected operational or other difficulties that mean, in Cointree's sole view, that it is no longer able to maintain the Website or provide the Services

(c) Cointree receives a request from a law enforcement or other government agency to do so, or

(d) A Cointree Account has been inactive for a period of 6 months.

22.4 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.

22.5 In the event of termination, you are no longer authorised to access or use your Cointree Account or the Website. However, all restrictions imposed on you and all Cointree disclaimers and limitations of liability set out in these Terms will survive.

22.6 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.

23. VARIATION

23.1 Cointree may vary these Terms by providing notice at any time. Customers will be taken to have accepted any changes by continuing to use the Website and Services after notice is provided.

23.2 You acknowledge that Cointree may vary these Terms immediately without notice, and that this clause 23 is reasonably necessary to protect Cointree's legitimate business interests.

24. ACCOUNT CLOSURE

24.1 Subject to these Terms and applicable laws, within 60 days of a Customer's Cointree Account being closed, Cointree must, in respect of any Supported Coins recorded in the Cointree Account, transfer the Supported Coins to you in accordance with your instructions.

24.2 For the avoidance of doubt, Coins recorded in your Cointree Account cannot be transferred or withdrawn. As such, if your Cointree Account is closed, Coins will need to be exchanged for Supported Coins, after which Cointree will be able to transfer the Supported Coins to you in accordance with your instructions.

24.3 If we do not receive any valid instructions within the 60 day period stated in clause 24.1, Cointree will hold the Supported Coins on your behalf for a further 30 days (to a total of 90 days). If, after the 90 days have passed and no valid instruction has been received by Cointree in respect of your Coins, including your Supported Coins, rights in all Coins will pass to Cointree.

24.4 If you have Coins recorded in your Cointree Account that are not Supported Coins, you will need to trade your Coins for Supported Coins in order for Cointree to withdraw them.

25. GENERAL TERMS

25.1 Cointree may assign, novate, transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms without notice.

25.2 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 Website and the Services and supersede any prior agreements between the parties.

25.3 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.

26. UNALLOCATED DEPOSITS

26.1 Any or all of the AUD and/or Coins held by Cointree may be classified as Unallocated Deposits.

26.2 You may make a claim to Cointree in relation to any Unallocated Deposits, that the AUD and/or Coins are not Unallocated Deposits, by contacting us via our Help Centre.

26.3 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.

26.4 If we classify AUD 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.

26.5 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.

26.6 Cointree may, at its discretion, deduct a monthly fee from the Unallocated Deposits to cover the reasonable administrative costs, in the amount of 1% of the then current balance of the Unallocated Deposits.

27. DEFINED TERMS

Accepted Deposit Methods means deposit methods accepted by Cointree as published on the Website from time to time, and includes cash deposits at eligible bank branches, Electronic Funds Transfer and POLI Payments.

AUD means the Australian Dollar.

Auto Instruction means a standing Instruction placed via the Website for Cointree to buy or sell Coin(s) on your behalf at a future point in time upon the occurrence of a Price Event.

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 Website to purchase one Coin with another Coin, or to exchange one Coin for another Coin.

Commission means, in relation to an Instruction, the commission which is payable by the Customer to Cointree for completing an Instruction.

Eligible Bank Account means a valid bank account that is accepted by Cointree. Ordinarily, we will require a bank account to 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.

Fiat means AUD.

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 Customer or Cointree.

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 Website, including but not limited to a Purchase Instruction, Sell Instruction, Sell-to-pay-bill Instruction, a Coin-Exchange Instruction, an Order, an Auto Order and a Recurring Order.

Market Order means a Purchase Order to purchase Coins at the best price that we are able to obtain for a Customer at the time the purchase is completed, as determined in Cointree’s sole discretion, minus a markup.

Nominated Customer Bank Account means the Australian bank account nominated by the Customer for Cointree to deposit AUD amounts for Coins sold, which account must be in the name of the Customer (for the avoidance of doubt, joint accounts held by the Customer and another person are not excluded).

Personal Information has the meaning given by the Privacy Act 1988 (Cth).

POLi Payments means the online payment option which facilitates internet banking payment from your bank account to a third party operated by POLi Payments Pty Ltd.

Portfolio means a portfolio of Coins created by Cointree or the Customer, which is created on or accessed via the Website, 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 Website.

Purchase Instruction means an instruction made by you to Cointree via the Website to purchase Coin(s) using Fiat.

Quote means a quote from Cointree to the Customer for the number of Coins the Customer would need to supply or acquire to execute an Instruction in exchange either for a Specified Fiat Amount or for a number of other Coins, based on a market price for the relevant Coins, and including any fees payable by the Customer in respect of the Instruction.

Selected Coin Exchange means selected international Coin exchanges used by Cointree from time to time.

Rush Gold Terms of Use means the Rush Gold Terms of Use governing the issue and ownership of Rush.Gold that is located at https://rush.gold/terms-of-use

Sell Instruction means an instruction made by you to Cointree via the Website to sell Coin(s) for Fiat.

Sell-to-pay-bill Instruction means an instruction made by you to Cointree via the Website to sell Coin(s) for Fiat and connect you with a third party provider, who will use the cash-amount to process the bill payment.

Services has the meaning given to it in clause 5.

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 Website and record in your Customer Account, and includes, but not limited to, Bitcoin, Bitcoin Cash and Ethereum. 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.

Threshold means internal percentages used to assist in achieving instruction success while considering factors including, but not limited to, 3rd party exchange orderbook depth and liquidity, market volatility, profit and risk management.

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 AUD 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:

(a) the AUD and/or Coins which are the subject of your claim were deposited by you;

(b) the Cointree Account was validly opened and accessed by you; and

(c) you are entitled to the amounts of Unallocated Deposits which are the subject of the claim.

Last updated: January 2022