Bitoxify  Terms and Conditions of Service

1. General

   1. Please read the following terms and conditions (Terms) to understand your rights and obligations when accessing our Website, content, products, and services. These Terms operate between you and Bitoxify .

   2. Bitoxify  provides the following services to you through the Website:

      • Token exchange services, which allows Users to exchange fiat currency for Tokens (Token Exchange); and

      • Token delivery services, where Tokens you have purchased are delivered to your nominated Token wallet, being your wallet, which is maintained and operated by a third party (Token Transfer); (together, the Services).

   3. 1.3 Bitoxify may also offer additional products and services from time to time. By browsing, accessing or using the Services, you agree to be bound by these Terms and acknowledge that you have read and understood their content and have agreed to be subject to the Terms. If you do not accept these Terms, you must immediately cease using the Services.

   4. We reserve the right to amend these Terms from time to time. Amendments will be effective as soon as such changes are notified on the Website. Your continued use of the Services following such notification constitutes the agreement by you to be bound by these Terms as amended.

   5. You should regularly review these Terms. Where there is inconsistency between the content on the Website and other content displayed as part of the Services, the content on the Website will prevail.

   6. These Terms constitute the entire agreement between you and us with respect to their subject matter and supersede all prior agreements and understandings between you and us in connection with the Services.

2. Using the Services

   1. Your Account

      • You may access some areas of the Website without registering your details with us. However, to use the Services, you must provide us with some of your personal information and apply to register an account (Account).

      • To obtain an Account, you must

(1) be at least 18 years of age; and

(2) submit all identity verification and other documents or information requested by us during the Account application process

• All personal information you provide through the Website will be collected, handled and used in accordance with our Privacy Policy.

• We may accept or reject your application for an Account at our sole discretion, without providing reasons.

• You agree to keep your Account information accurate and complete. You will not be able to use the Services if you provide invalid, expired or incorrect information.

• You acknowledge and agree that you are responsible for any activity that occurs through your Account and you will not sell, transfer, license or assign your Account to anyone else.

• You agree that you will not create an account for another person, and will not possess more than one Account, unless permitted by us in writing.

• By applying for and registering an Account, you agree:

(1) to provide us with current, accurate, and complete information about you as prompted by the Account application process, and to keep such information updated.

(2) that you will not use any Account other than your own, or access the Account of any other User at any time, or assist others in obtaining unauthorised access.

• The registration or use of Accounts without obtaining our prior express permission will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers through the Token Exchange. Any attempt to do so or to assist others (Users or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such Users being terminated.

• You acknowledge and agree that you are responsible for maintaining the confidentiality of your Account information, including your password, safeguarding your own Tokens, and for all activity associated with your Account. If there is suspicious activity related to your Account, we may, but are not obligated, to request additional information from you, including authenticating documents, and to freeze any transactions pending our review.

• Your non-compliance with any request we make in relation to your Account will result in suspension or termination of your Account. You are required to notify us immediately of any unauthorised use of your Account or password, or any other breach of security.

• For the avoidance of doubt, any User who violates these rules may be terminated, and thereafter held liable for losses incurred by us or any affected User.

• Token Exchange

  • Users may purchase or sell Tokens via the Token Exchange services.

  • Transactions made via the Token Exchange services are made at the Conversion Rate for the given transaction.

  • The Conversion Rate is also referred to as “Purchase Price” or “Sale Price”, which is the price in terms of Currency for which you may purchase or sell Tokens via the Token Exchange services.

  • You acknowledge and agree that the Conversion Rate for the published purchase price of a Token may not be identical to the conversion rate of the sale price for that Token at any given time, and that there may be a spread between the buy and sell prices for Tokens from time to time.

  • Your use of the Token Exchange services is conditional on your acceptance of the Conversion Rate as the applicable rate to any transaction conducted using the Token Exchange Services.

  • We will not process any transaction made via the Token Exchange Services if the fees and any other related commission, such as transfer fees, exceeds the value of your transaction.

  • We reserve the right to change our fees. We will always notify you of the fee applying to your transaction, both at the time of the transaction and in each receipt we produce for you.

  • Due to the volatile nature of Tokens there may be circumstances in which the final price achieved from the purchase or sale of Tokens changes between the time the transaction is requested and the time it is processed.

  • While we take all care to keep the execution price as close to the instructed buy price as possible, in the event of a market fluctuation such that the execution price changes between your instruction and execution, you will be liable for the difference in the price when the transaction settles.

• Token Transfer

  • Tokens purchased using the Services may be transferred to an external Token wallet maintained and operated by a third party. We shall specify the information required to effect a Token Transfer at the point of instruction but, as a minimum, we will require the user to provide:

(1) the address of the recipient’s digital wallet; and

(2) the amount to be transferred.

• You are responsible for, and must verify all transaction information prior to submitting instructions to us. We cannot and do not guarantee the identity of any user, receiver, or other third party.

• Each Token Transfer is subject to a fee. The relevant fee is presented to you on the Website before completing a Token Transfer, available at the time of submitting your transaction.

• We may pass on network fees (miner fees) to process Token Transfers on your behalf. We will calculate the network fee at our discretion, although we will always notify you of the network fee at or before the time you authorise the Token Transfer.

• Once submitted to a Token network, a Token Transfer will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the relevant Token’s blockchain network. Token transactions that are in a pending state will not be transferred to the recipient’s Wallet until such time as the transaction has been confirmed.

• We may from time to time require you to comply with certain procedures for the testing and confirmation of transfers involving Tokens. If you fail to comply with any such procedures for any reason, you:

(1) irrevocably release us and our Affiliates from any claim for any loss howsoever arising, including in respect of any claim that a breach of our information technology systems resulted in you losing Tokens/funds sent or to be received;

(2) indemnify us, our Affiliate and their Personnel from any loss or damage suffered, including legal costs on an indemnity basis, in connection with any claim; and

(3) acknowledge that we and our Affiliates are entitled to rely on any Wallet address/bank account details provided by you or one your behalf.

• We may, at our discretion, impose daily, weekly, monthly or annual transaction limits on users from time to time.

• Tokens are held at your risk, and digital wallets secured with public private key cryptography have inherent risks relating to the potential loss or leaking of private keys.

1. Warranties and Disclaimer

   1. In Australia, our services come with guarantees that cannot be excluded under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).

   2. Nothing in these Terms excludes, restricts or modifies or purports to exclude, restrict the conditions, warranties and undertakings arising under the Australian Consumer Law. Our liability for death or personal injury arising from our negligence or for any condition, warranty, right or liability implied in these Terms by law cannot be excluded.

   3. The Services are provided to you strictly on an “as is” and “as available” basis. You acknowledge that:

      • your use of the Services is at your own risk and is also subject to the terms and conditions of the websites, products and services of our Affiliates that you access via our Services;

      • prior to accepting these Terms you have been given a reasonable opportunity to examine and satisfy yourself regarding the Services which are the subject of these Terms; and

      • at no time prior to accepting these Terms have you relied on our skill or judgement and that it would be unreasonable for you to do so.

   4. To the maximum extent permitted by law, all other warranties or conditions which are not guaranteed by law are expressly excluded, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition. In particular, we do not warrant:

      • that your access to the Services will be free from interruptions, errors or viruses; or

      • the accuracy, adequacy or completeness of information on the Services (nor do we undertake to keep the Services updated).

   5. To the extent that we are in breach of any consumer guarantee or any other warranty or condition that cannot be excluded from these Terms:

      • your sole remedy will be for us to provide the features or services that were previously provided; and

      • our maximum liability to you is limited to the purchase price of the goods or services you purchased in your last transaction using our Services or $100, whichever is lower.

2. Limitation of Liability

   1. To the maximum extent permitted by law, we do not accept responsibility for any loss or damage (including indirect, special or consequential loss or damage), however caused and whether or not foreseeable (whether in contract, tort, for breach of statutory duty or otherwise), even if we have previously been advised of the possibility of such loss or damage which you may directly or indirectly suffer in connection with:

      • your use of the Services or any linked website, content, products and services (together, the linked services) (including interference with or damage to your computer or mobile devices arising in connection with any such use);

      • the Services being interrupted or unavailable;

      • errors or omissions from the Services;

      • any failure or lack of any security measures by us, or any third party including in relation to the storage or transfer of;

      • viruses, malicious codes or other forms of interference effecting the Services or any linked services;

      • your use of or reliance on information contained on or accessed through the Services or any linked services, which information may be incorrect, incomplete, inadequate or outdated;

      • goods or services supplied pursuant to or in any way connected with the Services;

      • unauthorised access to or use of, our servers and/or any information stored on them; or

      • any failure or omission on our part to comply with our obligations as set out in these Terms.

   2. We do not accept responsibility for inaccuracies or errors in any information about, or advertisements in respect of, goods and services, contained in the Services which are supplied by our Affiliates. The placement of such advertisements does not constitute a recommendation or endorsement by us of the relevant goods or services and the third party or owner of the linked services is solely responsible for any representations made in connection with information in respect of it and its goods and services displayed on the Services.

   3. To the maximum extent permitted by law, you agree to indemnify and keep indemnified Bitoxify, our Affiliates and their Personnel against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or indirectly arising from your use of the Website or Services, or from your violation of these Terms.

3. Your acknowledgements and warranties

   1. In using our Services, you acknowledge and agree that:

      • these Terms apply between you and Bitoxify only;

      • Tokens are highly volatile and require a sophisticated knowledge of information technologies and blockchain technology as well as security systems to properly secure;

      • all transactions between your Account and any Token wallet will be made directly by you and will be expressly authorised by you;

      • we will be unable to assist you if you lose your password(s) and credentials, whether or not those password(s) or credentials was generated by you, us or an Affiliate;

      • laws and regulations pertaining to Tokens and/or any digital currency which we may support in the future may change from time to time without advance notice;

      • any price estimates in relation to Tokens given through the Services are estimates only, and may differ from estimates provided based on fluctuations in exchange rates, market volatility, changes in market volume or liquidity or transfer delays which are out of our control;

      • we may delay, suspend or cancel a trade or transaction if there are technical reasons that prevent us from completing the transaction, which may include reliance on a third- party supplier, where we have reasonable belief that the trade is subject to illegal activity or fraud, technical difficulties or a law enforcement action;

      • all transaction requests made through the Services are irreversible once completed;

      • there is a risk of malicious actors seeking to interfere with our Services and that we expressly disclaim any liability for loss associated with that circumstance;

      • any payment or delivery by us to you of fiat currency or Tokens, as applicable, shall be made after deduction of any applicable fees; and

      • you are solely responsible for your tax affairs and for any tax which may be payable as a result of your use of our Services;

   2. In entering into these Terms, you represent and warrant to us that:

      • any information or documents provided to us by you is accurate and complete;

      • we, and our Affiliates, will be entitled to rely on the accuracy and completeness of any information or documents provided by you;

      • it has not entered into these Terms in reliance on or as a result of any statement or any conduct of any kind or on behalf of any other person;

      • you have independently satisfied yourself in respect of all matters in connection with these Terms;

      • the execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;

      • you will not infringe or violate any of the Terms;

      • you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder;

      • if you use the Service on behalf of a business, corporate or charitable entity, you represent, warrant and agree:

(1) that you are duly authorised under any applicable law to represent such entity in connection with these Terms and to commit it to be bound by these Terms;(2) make all representations and warranties herein on both your and its behalf; and(3) personally guarantee performance by such entity;

1. you possess the knowledge and judgment necessary to decide whether to use the Service or otherwise engage with other use of the Service;

2. you are solely responsible for complying with applicable laws regarding use of the Service and the services of our Affiliates including, without limitation, the determination of whether use of our Services complies with laws applicable to you;

3. you shall obtain independent professional advice (including financial, legal, accounting, commercial and any other advice) to protect your interests before using our Services. You acknowledge that there is no professional relationship (including any attorney-client or advisor-advisee relationship) between you and us, or our Affiliates; and

4. you have read and agree to assume the risks identified above.

1. Specific Warnings

   1. You must ensure that your access to the Services is not illegal or prohibited by laws which apply to you in the jurisdiction in which you are located.

   2. You must take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of viruses, malicious computer code or other forms of interference emanating from the Services (or any linked services) which may damage your own computer system.

   3. You agree that you will not rely on any information contained on the Website or the availability of such information and that any decision you make in relation to the Services will be as a result of your own independent assessment of such information.

   4. Even though we intend on providing accurate information on the Website, we cannot guarantee that the information on the Website is accurate, complete or updated, or free from technical inaccuracies or typos. In an effort to continue providing you with complete and accurate information to the ext ent possible, the information on the Website may change or be updated from time to time without advance notice

2. Copyrigh

   1. The content of the Services (including its “look and feel”, text, graphics, images, logos, icons, photographs, editorial content, sound recordings, software and other material) is owned by us or licensed to us by third parties and protected under applicable laws.

   2. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in the jurisdiction in which you are located, and except as expressly authorised by these Terms or in writing by us, you may not in any form or by any means:

      • copy, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Services; or

      • commercialise any information, products or services obtained from any part of the Services.

   3. All rights not expressly granted under these Terms are expressly reserved.

3. Restricted Use

   1. The Services are provided for your personal, non-commercial use only.

   2. You warrant to us and agree that you are 18 years of age or over and have full legal capacity to use the Services in both under the laws of the European Union, Australia, the laws of the jurisdiction in which you reside.

   3. If we become aware that you are under 18 years old and have used or accessed or are using or accessing the Services, we may terminate or suspend your account without notice to you and any Tokens in your account may be forfeited and we will have no further obligations to you. Once your account is cancelled, it cannot be re-activated and we reserve the right to deny you access to the Services.

   4. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within or derived from the Services without our prior written approval.

   5. You may not use the Services, or any of their content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website without our express, prior written consent.

   6. Your use of the Services is subject to international export controls and financial export requirements. By sending, receiving, purchasing, selling, trading or storing Tokens via the Services, you declare and undertake that you are aware of and subject to these requirements. Without limiting the foregoing, you are not entitled to use the Services if:

      • You are a citizen or resident of Cuba, Iran, North Korea, Sudan or Syria or any other country subject to US embargo, UN sanctions, the HM financial sanctions regime, or if you are on the list of specific citizens by the US Ministry of Finances or the list of people denied by the US Ministry of Trade, a non-verified list, the financial sanctions regime of the Ministry of Finances; or

      • you intend on supplying any Tokens purchased or stored, or currency services, to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to US embargo or the HM financial sanctions regime (or to a citizen or resident of any of these countries), or to a person on the list of specific persons, the list of denied persons, the non-verified list, the list of entities of the financial sanctions regime of HM.

4. Links in the Services

   1. The Services may contain links to linked services. Those links are provided for convenience only and may not remain current or be updated by us.

   2. We are not responsible for the content or privacy policies or practices of persons or companies associated with linked services. We will not be liable to you or any other person for any loss or cost arising in respect of use or access to linked services. When you access any linked services you do so entirely at your own risk.

   3. linked services should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked services, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.

5. Links to the Website

   1. We do not grant you any intellectual property rights in any thing (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via the Services (Materials).

   2. You must not reproduce the Materials or communicate the Materials to the public (including via any form of linking) without our prior written approval. Any permitted use or disclosure (including reproductions and communications to the public) of any Materials by you are on the basis that:

      • such use and disclosure is at your own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;

      • you ensure that all links to Materials are presented or able to be used in a way that makes it clear to a viewer or user of the links or linked materials that the source of the Materials is the Services;

      • you ensure that anyone who uses or reproduces your links to the Materials does so on the same terms as a person who accesses the Materials directly from the Services;

      • you ensure that anyone who uses or reproduces your links to the Materials is not able to circumvent the limits (including technological restrictions and as to location) applying in respect of the Materials were the Materials to be accessed or sought to be accessed directly from the Services rather than via their links;

      • you do not link the Materials in a way that damages or takes advantage of our reputation, including in a way that suggests or implies that you have any association or affiliation with us or approval or endorsement; and

      • you otherwise comply with our directions, including any take down or cease or desist directions.

6. Proper Use

   1. You must only use the Services for lawful purposes. You are prohibited from doing any act that we, acting reasonably, consider to be inappropriate, or which is unlawful or prohibited by any laws applicable to the Services, including but not limited to any act which would constitute a breach of privacy, using the Services to defame or libel us, our employees or any other person.

   2. You must not:

      • reverse engineer the code contained in the Services or upload files which contain viruses or malware which may cause damage to our property or the property of other individuals or post or transmit to our Services any material which we have not authorised including material which is, in our sole opinion, likely to cause annoyance, or which is racist, defamatory, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our security protocols;

      • damage, disrupt, interfere with or misuse the Services, including by data mining, hacking, data harvesting or scraping or using similar data gathering and extraction tools in respect of the Services;

      • launch any automated program or script, including web crawlers, web robots, web indexers, bots, viruses or worms or any program which makes multiple server requests per second or impairs the operation and/or performance of the Services; or

      • use any device, software or routine intended to damage or interfere with the proper working of the Services or to intercept or sequester any system, data, images or other multimedia elements from the Services.

7. Visitor Material

   1. Other than information about an identifiable individual, which is covered under our Privacy Policy, any material you post, transmit or upload to the Services (including without limitation, reviews) (Visitor Material) will be considered non-confidential and non-proprietary.

   2. You consent to any act or omission which would otherwise constitute an infringement of your moral rights you may have in respect of Visitor Material. This consent survives any termination of these Terms.

   3. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data images, sounds, text and other things embodied in the Visitor Material for any and all commercial and non-commercial purposes.

   4. By posting, uploading or transmitting any Visitor Material, you represent and warrant that any Visitor Material does not and will not:

      • breach any applicable law;

      • contain any viruses or any other harmful program;

      • contain any defamatory, obscene or offensive material;

      • promote violence or discrimination;

      • infringe the intellectual property rights of another person;

      • breach any legal duty owed to a third party (such as a duty of confidence);

      • promote illegal activity or breach the privacy of any other person;

      • be threatening, abuse or invade another person’s privacy or be likely to harass, upset, embarrass or annoy any other person;

      • give the impression that the Visitor Material originates from us;

      • be used to impersonate another person or to misrepresent your affiliation with another person; or

      • contain any unsanctioned advertising, promotional materials, or other forms of unsanctioned solicitation, including without limitation, junk mail, spam, chain letters or any unsolicited mass distribution of email.

   5. The prohibited acts set out in clause 12.4 are not exhaustive. We reserve the right (but do not undertake, unless required by law, any obligation) to edit or remove any Visitor Material without notice to you, in our sole discretion.

   6. You grant us an irrevocable, perpetual, exclusive, transferable, royalty free worldwide licence to use, copy, modify and distribute any Visitor Material in any manner we think fit (including without limitation, by reproducing, altering or communicating the Visitor Material to the public). You also grant us the right to sublicense these rights.

   7. All Visitor Material contained on the Services is for information purposes only and does not constitute advice from us. Visitor Materials reflect the opinions of users who have used the Services and any statements, advice or opinions provided by such persons are theirs alone. To the maximum extent permitted by law, including any restrictions contained in the Australian Consumer Law, we assume no responsibility or liability to any person for any Visitor Materials, including without limitation, any errors, defamatory statements, obscenity, omissions or misrepresentations in any such Visitor Materials.

8. Promotions

From time to time we may make certain offers, or carry out promotions or contests. Additional terms may apply to those offers, promotions or contests and you must agree to those additional terms. In the event of any inconsistency between these Terms and the terms of any offer, promotion or contest, the terms of the offer, promotion or campaign prevail over these Terms to the extent of any inconsistency.

1. Privacy Policy

We undertake to comply with the terms of our privacy policy which is available on our Website.

1. Security of Information

   1. No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us.

   2. Any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information.

2. Service Access

While we endeavour to ensure the Services are available twenty four (24) hours a day, we are not under any obligation to do so, and will not be liable to you if the Services are unavailable at any time or for any period. Your access to the Services may also be restricted at our discretion.

1. Termination of Access

Your access to the Services may be terminated at any time by us without notice to you. Following termination we will have no further obligations or liabilities to you. Any exclusions of liability or other provisions contained in these Terms which by their nature survive termination of these Terms will survive any such termination.

1. Severability

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof will to that extent be severed and deemed not to form part of these Terms but the legality, validity and enforceability of all other provisions of these Terms will not be affected.

1. Governing Law

These Terms are governed by the laws in force in the State of New South Wales and you agree to submit to the exclusive jurisdiction of the courts of that State in respect of any dispute arising from these Terms.

1. Definitions

   1. In these Terms:

      • Affiliate means a third party with whom we have entered into an agreement to assist our provision of the Services, and to or from which you hereby instruct us to obtain or send data, including payment instructions;

      • AML/KYC means anti-money laundering and know your customer;

      • Application means our Android and iOS versions of the Bitoxify  app;

      • Personnel means any employee, contractor, subcontractor, agent, partner, shareholder, ultimate beneficial owner, director or officer of a party;

      • Bitoxify , we, us and our and similar terms are a reference to SVO Australia Pty Ltd (ACN 642 644 960) and our related entities;

      • Token means any cryptographic token or digital asset available to be transacted through the Services;

      • Website means  https://bitoxify.com and/or any other website as we may operate from time to time.