1. SUMMARY

1.1 Introduction

1.1.1 These Terms of Conditions and any terms expressly incorporated herein (“Terms”) apply to your access to and use of the websites and mobile applications provided by Bintense.au which is owned and operated by Digitex Corp Pty Ltd ACN 643 966 250 (DCE No. 100713696-001 of Unit 2, 15-17 Featherstone Place, Adelaide SA 5000 (the “Company” or “Bintense”).

1.1.2 By clicking the “create profile” button or using the Service, you agree to be legally bound by these Terms and all terms incorporated by reference.

1.1.3 These Terms and Conditions constitute a legally binding agreement between you and the Company and form an essential document governing your relationship with the Company. You must carefully read and fully understand these Terms and Conditions prior to establishing a relationship with the Company and using any of the Services. By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

1.1.4 The Client shall be familiarised with the Terms and Conditions, Privacy Policy, Fees, Risk disclosure and any other policies as shall be published by the company from time to time (and their later amendments) using Platform functionality. These documents are an integral part of this Terms and Conditions.

1.1.5 The Company reserves the right to make changes or modifications to these Terms from time to time, in Company’s sole discretion, by posting the amended Terms on the website, and by communicating these changes through any written or other contact methods, we have established with you.

1.2 Eligibility

1.2.1 You must meet eligibility criteria to use Bintense Services. You must be at least 18 years old.

1.2.2 You may not engage in illegal activities using our Services.

1.2.3 Bintense may suspend your profile temporarily or permanently if you are not eligible to use Service or breach these Terms.

1.3 Service

1.3.1 Bintense provides exchange services between Fiat and Crypto-assets (such as BTC or ETH).

1.4 Risks

1.4.1 Holding Cryptocurrency can be risky and potentially have significant losses.

1.4.2 You, therefore, should carefully consider whether using the Services is suitable for you, in view of your financial resources and other circumstances.

1.4.3 Cryptocurrencies are inherently unpredictable and unstable, will continue to be for the foreseeable future, and entail an inherent risk with hacks, transfer errors and government sanctions out of control of Bintense.

1.4.4 Do not exchange funds you cannot afford to lose.

1.4.5 Bintense is not a trading platfrom. Bintense does not endorse, support or recommend any trading platform. Bintense is not liable for any loss or damage, including any loss of funds or profit.

1.4.6 Please don’t use Service if you do not understand these risks.

2. KEY DEFINITIONS

2.1 Capitalized terms not otherwise defined in these Terms and Conditions will have the following meaning:

2.1.1 Agreement means these General Terms and Conditions published at the Company’s website www.bintense.au (also referred as “Terms”).

2.1.2 AML/CTF Act means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and includes any regulations, rules, instruments, guidance, or amendments made under that Act from time to time.

2.1.3 AUSTRAC means the Australian Transaction Reports and Analysis Centre.

2.1.4 ASIC means the Australian Securities and Investments Commission.

2.1.5 Beneficial owner means the individual who ultimately owns or controls a legal entity.

2.1.6 Bintense or the Company shall mean Digitex Corp Pty Ltd ACN 643 966 250 (DCE No. 100713696-001), and (we, our, and us).

2.1.7 Client(s) means potential client or Company’s Client who uses Services and can also be reffered to as “you”.

2.1.8 Crypto asset(s) or Cryptocurrency shall mean BTC, ETH and any digital assets that may be purchased and/or sold via the Service.

2.1.9 Exchange Fees shall mean fees charged in connection with the Service at the applicable rates and computation methods specified in the Fee Schedule.

2.1.10 Exchange Rate shall mean the value at which the Crypto asset can be exchanged for Fiat and Fiat to the Crypto asset.

2.1.11 External profile shall mean any financial profile of which you are the beneficial owner maintained by a third-party payment service of a financial institution.

2.1.12 Force Majeure Event shall mean an event beyond Bintense’s reasonable control, including but not limited to blockchain network failure, equipment for software malfunction, communications or power failure, the action of government, labour dispute, accident, riot, insurrection, war, fire, an act of God such as extraordinary weather conditions, earthquake, flood, or any other cause beyond Bintense’s reasonable control.

2.1.13 Fiat shall mean AUD or other official currencies, which could be available from time to time at the Company’s platform.

2.1.14 Intellectual Property means any works, materials, information and other subject matter of any kind that are subject to or capable of protection by the laws of copyright, patents, trademarks (registered or not); and/or designs and including all design rights, software (whether in source code and/or object or other compiled form), documentation, specifications, and commercial or marketing publications and/or materials that is licensed to, owned, registered, managed and/or operated by Digitex Corp Pty Ltd ACN 643 966 250 Pty Ltd., any Related Entities and/or any other persons or entity associated with the Platform.

2.1.15 Order means a placed Client’s exchange order for Exchange services using the Company’s Platform.

2.1.16 Party means the Company or the Client.

2.1.17 Platform refer to Company’s IT solution for the execution of Exchange services, using “Bintense” brand and reachable via the www.bintense.au website and/or any associated websites or mobile applications that may be managed and operated by Digitex Corp Pty Ltd ACN 643 966 250, whether solely or jointly with its related entities, from time to time.

2.1.18 Related Entities refers to related bodies corporate as defined by the Corporations Act 2001 (Cth).

2.1.19 Service(s) shall mean the exchange of Fiat currency to Cryptocurrency and Cryptocurrency to Fiat currency and other related services, provided by the Company to the Client.

2.1.20 United States shall mean the United States, District of Columbia and Insular Possession of the United States.

2.1.21 U.S. legal entity shall mean as follows:

2.1.21.1 a United States citizen, resident, a national or protected individual under 8 USC 1324b(a)(3);

2.1.21.2 a corporation or partnership organised under the Laws of the United States;

2.1.21.3 a United States financial institution and its affiliates, branches, offices or agents incorporated, organised or located in the United States;

2.1.21.4 an estate of a U.S. citizen or resident;

2.1.21.5 a trust controlled by a U.S. citizen, resident, national, protected individual, company or financial institution;

2.1.21.6 a pension plan of an employee of a legal entity described in paragraph (b) above, unless the plan is for a foreign employee; and

2.1.21.7 a legal entity organised or incorporated outside the United States, where a U.S. legal entity:

2.1.21.7.1 holds a 50% or greater equity interest by votes or value of the entity;

2.1.21.7.2 holds a majority of seats or memberships on the entity’s board of directors; and

2.1.21.7.3 directs, authorises, or otherwise controls the entity’s actions, decisions or operations.

2.1.22 Wallet shall mean any Cryptocurrency address or profile owned, controlled or operated outside of the Service.

3. ELIGIBILITY

3.1 Bintense may not make the Service available in all markets and jurisdictions.

3.2 If you are a U.S. legal entity (see “key definitions”), you are not eligible to use any Service.

3.3 You represent and warrant that you:

3.3.1 are of legal age to form a binding contract; You are 18 years of age or older (and at least in the legal age in your jurisdiction);

3.3.2 have full power and authority to enter into this agreement and, in doing so, will not violate any other agreement to which you are a party;

3.3.3 in your capacity as an employee or agent of a legal entity, corporation or organisation, you are duly authorised to act for and on behalf of your entity, corporation or organisation for the purposes of creating a legal relationship with us through this Agreement;

3.3.4 in your capacity as a trustee of a trust or a partner in a partnership, you must be duly authorised to act on behalf of and legally bind your entity to this Agreement;

3.3.5 will not use our Service if any applicable laws in your country prohibit you from doing so in accordance with these terms under this Agreement;

3.3.6 are not located in, or a national or resident of any country to which the United States has embargoed goods or services;

3.3.7 comply with our Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) policies at all times which are stipulated on our website;

3.3.8 have not previously been suspended or removed from using our Service;

3.3.9 not operate or are involved in any Prohibited Businesses at all times and at any capacity; or/and;

3.3.10 any other criteria which we may stipulate from time to time to reasonably assess your eligibility.

3.4 If you are registering to use the Service on behalf of a legal entity, you represent and warrant that (a) such legal entity is duly organised and validly existing under the applicable laws of the jurisdiction of its organisation; and (b) you are duly authorised by such legal entity to act on its behalf.

3.5 Bintense may condition your access or continued access to Service by imposing eligibility requirements.

3.6 Bintense may require that you demonstrate that you continue to meet eligibility requirements.

4. GENERAL OBLIGATIONS AND creation of Bintense Profile requirements

4.1 Introduction

4.1.1 These Terms apply to users of the Bintense website.

4.1.2 By using any of the services as defined below (Service), you acknowledge that you have read, understood, and agreed to these Terms , as updated and amended from time to time. If you disagree to be bound by these Terms , you may not access or use any services.

4.1.3 Only eligible Persons are permitted to use the Service. Any person that is not eligible to access the Site will be in breach of these Terms.

4.1.4 These Terms and the clauses of incorporation constitute the entire agreement and understanding with respect to the use of all Services.

4.2 Client registration and the creation of Bintense Profile requirements

4.2.1 You may have only one Bintense profile per user of Service.

4.2.2 When you create a Bintense profile, you agree to:

4.2.2.1 provide accurate, current and complete information;

4.2.2.2 create a strong password that you do not use for other online services;

4.2.2.3 maintain the security of your profile by not sharing your password with third parties;

4.2.2.4 promptly notify Bintense if you detect any suspicious activity on your profile; and

4.2.2.5 take responsibility for all activities that occur under your profile.

4.2.3 The Client is allowed to register and create profile for purpose of using Services only if these all conditions are met:

4.2.3.1 Proper identity verification: the Client successfully passes the identification process.

4.2.3.2 KYC process: the Client submits all required information and documents during the KYC process as applicable.

4.2.3.3 Clients risk profile: The Client shall be acceptable under Company’s risk appetite. The Company is not serving high-risk Clients under parameters established by its internal documents and (or) applicable laws.

4.2.3.4 Residency and citizenship: Clients must be residents or citizens of countries where the Company legally operates, and where crypto-asset services are permitted by law. The list of prohibited jurisdictions, where the Company does not operate, is provided in the AML/TF Policy and may be amended by the Company according to applicable laws and regulations or internal Company rules. For the avoidance of doubt, the Company’s services are restricted for USA citizens, residents, or USA legal entities. Citizens or residents of Canada are permitted to purchase only Bitcoin (BTC) and Ethereum (ETH). The Company does not provide custody services or host wallets for any clients, including citizens or residents of Canada.

4.2.3.5 Age Requirement: Clients must be at least 18 years old, or the legal age of majority in their jurisdiction, whichever is higher.

4.2.3.6 No previous relationship terminations: Clients must not have had a track record of previous relationship termination with the Company due to non-compliance with conditions specified in the clause 4.3, applicable laws or internal regulations.

4.2.3.7 Compliance with international sanctions and other AML/TF requirements: Clients must pass checks in accordance with international standards, including screening against global watchlists and sanctions lists.

4.2.4 The Company has the right to refuse to register the Client and/or create a profile, refuse to provide Services, and/or terminate or suspend business relationship with the Client, if the Client fails to meet the conditions specified in the clause 4.3 of the Terms and Conditions at any time.

4.2.5 The Client hereby agrees to ongoing compliance with the Company’s updated policies and procedures, including these Terms & Conditions. In addition, it includes periodic updates to KYC information as required.

4.2.6 The Client is responsible for safeguarding the confidentiality and security of the password and any other user credentials that are used by the Client in the Platform (including security vulnerabilities on Client devices).

4.2.7 The Client undertakes to inform the Company immediately, but no later than within 24 hours, of any security incident observed, including suspicious activity in the Platform’s personal profile, personal data, executed transactions, or any other suspicious information and (or) activity.

5. CLIENTS’ IDENTIFICATION AND KYC REQUIREMENTS

5.1 The Company shall identify the Client and/or representative thereof and/or the Beneficial owner in accordance with the procedure set out in the applicable legal acts.

5.2 For the purpose of identification, the Client and/or representative thereof must submit to the Company the required information and documents using the Platform and indicated steps. The documents and media files requested may include, but are not limited to: Valid ID, Proof of Address, Live Identity Verification, Declaration of transaction, Source of funds documentation, Video verification call.

5.3 For the purpose of identifying a natural person, his (her) name, surname, personal identification number and/or birth date, citizenship, country of birth, place of residence, personal identification documents, their issue and expiry dates and numbers of its issuance as well as other identification particulars of the Client shall be provided.

5.4 A natural person shall be identified according to the original personal identification documents acceptable to the Company submitted by such a natural person – a passport of the citizen, a personal identification card or other documents acceptable to the Company.

5.5 For the purpose of identifying a legal person, its name, addresses of its head office and actual place of business, the legal person’s code and other particulars identifying the legal person shall be disclosed to the Company.

5.6 The Company shall have a right to refuse accepting information, if information or documents do not contain sufficient information or not comply with procedures set out by the Company.

5.7 The Company shall have the right to request from the Client any additional information and/or documents related to the Clients, his/her representatives, Beneficial owners, and (or) the transactions executed by the Client, and to request the Client to fill in and periodically update the KYC questionnaires. All documents and information shall be drawn up and provided at the expense of the Client. If the Client fails to provide additional information and/or documents within the time limit specified by the Company, the Company shall be entitled to fully or partially suspend provision of the Services provided to the Client.

5.8 The Company may request the Client to submit to the Company original documents, their notarised transcripts, or, on consent of the Company, documentary copies. The Company shall have the right to demand that all documents submitted by the Client which are drawn up in foreign countries are legalised in the manner established by legal acts or certified by Apostille, as applicable.

5.9 By using the Service, you acknowledge and agree that your personal data, including identification and KYC-related information, may be disclosed or transferred to third parties where reasonably necessary for onboarding, regulatory compliance, or the provision of services by the relevant service provider, including to the Company’s affiliated legal entities that may engage directly with such third-party providers, in each case in accordance with applicable data protection and privacy laws.

5.10 Where documents submitted to the Company are drawn up in a foreign language the Company shall have the right to demand their translation into the English language. Translation of documents into the English language must be confirmed by a competent translator acceptable to the Company and the translator’s signature shall be notarised.

5.11 The Company shall have the right to assume that documents submitted by the Client are authentic, true, valid and accurate.

5.12 Under the laws, the Company shall have the right to verify the information provided by the Client using public sources of information and reliable and independent non-public sources of information and other lawful methods.

5.13 The Company reserves the right to take any measures it considers appropriate following the completion of KYC assessments and compliance with regulatory reporting or other obligations related to the prevention of AML/TF.

6. SERVICES & USE OF THE PLATFORM

6.1 Only registered Clients could use Platform and Company’s Services, as well as place Orders.

6.2 The Client is obliged to use the Platform and Services solely for legal purposes and in compliance with all applicable laws and regulations. Any use of the Platform and Services for illegal activities or in violation of any laws is strictly prohibited. The Client must ensure that their actions on the Platform and while using the Services are lawful and adhere to the relevant legal standards. If the Client fails to act lawfully, the Company shall have the right to suspend its activities or terminate the relationship with immediate effect.

6.3 The Company provides exchange services between various Fiat currencies (such as AUD, EUR, USD) and Crypto assets (such as BTC or ETH). Upon execution of a purchase or sale Order, the Company shall transfer the purchased crypto-assets to the Client’s designated external wallet address and, as applicable, transfer fiat funds to the Client’s designated external bank account, in each case as specified by the Client in the relevant Order.

6.4 For the avoidance of doubt, the Client acknowledges and agrees that the Company does not act as a financial advisor and does not provide investment advice in connection with the Services or the Platform under this Agreement. Any communication between the Client and the Company shall not be considered investment advice. The Company makes no warranty as to the suitability of the Services to the Client and the Client is fully aware of the risk associated with the crypto exchange services.

6.5 For the avoidance of doubts, the Client confirms that he/she understands that the Company is not providing custody services, i.e. the Company is not opening accounts/wallets to the Clients. The Client who will use the Services, shall have a solely owned account and (or) wallet opened at the third party under applicable regulation.

6.6 The Client who intends to place an Order for the Exchange services shall have a solely owned account and(or) wallet opened at a third party that legally has the legal right to serve Clients with such types of services. The Client shall declare its ownership of the wallet. The Client acknowledges that he is solely responsible for placing the correct personal wallet address when he seeks to make a buy or sell Order through the profile. The Client acknowledges that he may lose all his Crypto assets if he makes an error in the wallet address. The Company does not verify wallet address details and takes no responsibility for any errors in wallet address information that you populate in relation to your buy or sell Crypto asset order.

6.7 Before placing the Order, the Client could select the payment method: wire transfer, credit card, APM or other payment method that is available on the Platform. Your credit card company or a third-party processor may reject your credit card payment. Bintense will not be liable for any losses, fees, or charges connected to your payment method used. Using your credit card or other payment method is subject to additional terms set forth by your payment provider, including additional fees. Please be aware of them as Bintense is not liable for them.

6.8 Before placing Order, the Clients must acknowledge and accept the risks associated with buying or selling Crypto assets by taking active measures (expressly state the acceptance to Company’s Risk disclosure by electronically means before placing Order). Without derogating from the Risk Disclosure terms , the Client acknowledges as follows:

6.8.1 You agree that you shall access and use the Service at your own risk.

6.8.2 Any operation in cryptocurrencies involves a high degree of risk and the potential for significant losses. You, therefore, should carefully consider whether using the Service is suitable for you, in view of your financial resources and other circumstances. Do not exchange funds you cannot afford to lose.

6.8.3 Cryptocurrencies constitute a rapidly changing and unpredictable environment with an endless number of variables and factors outside your or Bintense control. New risks emerge at every moment, which creates market risk and uncertainty. Bintense is not responsible for anticipating, detecting or communicating all known or unknown risks in the Cryptocurrency market.

6.8.4 Some factors that could cause negative performance on operations are market volatility, government policies and regulations, hacks and security breaches resulting in the theft of funds, price manipulation, and general economic or market conditions.

6.8.5 You acknowledge that there are inherent risks associated with utilising an Internet-based exchange service, such as hardware or software failure and Internet connection failure. You acknowledge that the Company shall not be responsible for any disruptions, errors, delays or communication failures you may experience when using the Service, however, caused;

6.8.6 The Company is not responsible for any loss or damage suffered by you, due to any illicit or fraudulent activity of third-parties

6.8.7 The Company is not a trading site. The Company does not endorse, support or recommend any trading platform. Furthermore, you acknowledge that risks are inherent to and associated with utilising Internet-based trading systems. The Company is not liable for any loss or damage, including any loss of funds or profit.

6.8.8 Bintense and none of its agents or employees are investment or trading advisors.

6.8.9 The Company will only communicate with you through the @bintense.au addresses

6.8.10 The Company will never call you unexpectedly and without prior notice

6.8.11 The Company will never ask you to disclose any of your sensitive authentication credentials, and will never demand remote access to your device

6.8.12 you are responsible for ensuring that the email and phone number which you used for registering your profile will be exclusively operated and kept in private by you

6.8.13 you are responsible for always setting 2-factor authentication on your device(s) linked to your profile, and for ensuring that they are solely possessed and accessed by you.

6.9 In case of a chargeback, the Client will be liable for any resulting costs and fees.

6.10 The Company shall have the right to demand that the Client would submit documents and/or information confirming the legal grounds and for the acquisition of the Client’s funds and other assets, including funds or Crypto assets sources (origin) information relating to the Client’s activities, and/or other documents and information to the extent necessary for the Company in order to adequately fulfil the requirements of legal acts regulating the prevention of Money Laundering and/or Terrorist Financing and/or other legal acts.

6.11 The Company shall have the right to refuse execute Order, provide Service, or to suspend the fulfilment of the Order, in addition to terminate the official relationships with the Client, if the latter does not submit required documents and/or information, avoids or refuses to submit the necessary documents and/or information, conceals the documents and/or information, or provides incorrect or incomplete information to the Company.

6.12 The Company grants the Client the right to use Platform and Company’s Services but does not commit to ensure uninterrupted operation of the Platform since its operation may be affected by factors beyond the Company’s control. Nevertheless. The Company commits to make all reasonable efforts to ensure the smoothest possible operation of the Platforms and Services. The Company is not liable in all cases for the consequences arising from the mentioned disorders of the Platform.

7. PLACING OF ORDERS AND SERVICE FEES

7.1 Only registered and identified Clients shall have a right to place an Order.

7.2 By submitting an order via the Service interface, you authorise Bintense to execute a transaction on a spot basis and charge you all applicable fees.

7.3 Accuracy of Information

7.3.1 You must provide all required information per the instructions presented on the screen.

7.3.2 You represent and warrant that any information you provide is accurate and complete.

7.4 The Company shall not be held liable for mistakes, irregularities in the Orders submitted by the Client, including but not limited to the correctness of requisites of accounts/wallets number submitted by the Client to the Company. Transactions involving crypto-assets are irreversible. The Client is solely responsible for ensuring the accuracy and completeness of all order details, including the transaction amount and the recipient wallet address. Once an Order has been executed, it cannot be cancelled, reversed, or modified.

7.5 The Client shall have the right to withdraw the Orders only if the Company has not yet fulfilled such Order and/or has not yet assumed obligations with regard to third parties pertaining to the fulfilment of the Order.

7.6 The Company shall have the right to record and keep all Orders of the Client submitted and in addition to record and keep the information about all operations carried out by the Client. Records mentioned in this clause may be submitted by the Company to the Client and/or third parties as the evidence of the performed operations.

7.7 Restrictions

7.7.1 Bintense may at any time and in the company’s sole discretion refuse any transaction order submitted, impose limits on the transaction amount, or impose any other condition or restriction upon your use of the Service. The Company shall not be held liable for losses which can arise from the refusal to execute the Order.

7.7.2 If the Company has reasonable doubts that the Order might have been submitted not by the Client or there are other legal or content doubts regarding the submitted Order, the Company shall have the right to demand additional information and (or) shall have the right to refuse executing the Order submitted by the Client.

7.7.3 Before executing the Order submitted by the Client, the Company shall have the right to demand to submit the documents supporting legal basis, as well as the source (origin) of funds and/or Crypto assets or to provide other information by the Client (as described in these Terms and Conditions). If the Client fails to submit such information, the Company shall have the right to refuse executing the Client’s Order or suspend it until necessary information is properly provided.

7.7.4 The Company shall have the right to suspend and/or terminate the execution of the Order submitted by the Client, if it is required by legal acts of Australia and/or other legislation binding upon the Company.

7.7.5 The Company shall inform the Client on the execution of the Client’s Orders by sending an email to Client’s personal email.

7.8 Applicable Fees

7.8.1 By using the Service, you agree to pay Bintense the fees for exchanges and any transactions completed using the Service, which we may change from time to time. Before the placing of Order, the Client will get specific Fees, expressed in concrete amount and the percentage of each applicable fee. After the execution of Order, the Client will get information on executed Order, including applied Fees, to Clients personal email.

7.8.2 The submission of an Order by the Client is considered as the Client’s consent for the applicable Fees.

7.8.3 In addition to the Fees charged by the Company, the Client acknowledges that third parties operating the Client’s external profile (including, without limitation, wallet providers, banks, or payment service providers) may impose additional fees in connection with the Client’s use of such external profile. Any fees charged by an external profile operator are independent of the Company’s Fees, will not be reflected in the transaction information provided by the Company, and remain the sole responsibility of the Client.

7.8.4 By using the Service, you authorise Bintense, or a designated payment processor, to charge or deduct your funds for any applicable Fees owed in connection with the Orders you complete by using the Service.

7.8.5 Fees charged with the Service shall be at the applicable rates and computation methods specified in the Fee Schedule as follows:

7.8.5.1 Fee schedule

Processing fee for cards payment method/ APM	3% from transaction value
Blockchain Fee (always applicable)	Variable and depends on network congestion, transaction complexity, and the blockchain used. The exact blockchain fee applicable to a transaction will be displayed to the Client before confirming the transaction and is sourced from the following: BTC: https://api.blockcypher.com/v1/btc/mainETH: https://docs.etherscan.io/api-endpoints/gas-tracker

7.8.6 Upon your failure to make any payment of fees, commissions, charges or other expenses due to Bintense, Bintense may at any time and in the company’s sole discretion refuse any transaction order submitted, impose limits on the transaction amount or impose any other condition or restriction upon your use of the Service.

7.9 Exchange Rate

7.9.1 Bintense will attempt, on a commercially reasonable basis, to execute the transaction on or close to the Market Exchange Rate after receiving instructions from you with respect to a relevant Order.

7.9.2 You acknowledge that the actual Exchange Rate may differ from Market Exchange Rate and Bintense will not be liable for any difference or ‘slippage’ between the relevant rates. This may result in you receiving less Cryptocurrency or Fiat currency than you expected when you lodged the transaction.

7.9.3 You acknowledge that during periods of volatility in the marketplace for any Cryptocurrency, the Actual Exchange Rate may differ from the Market Exchange Rate.

7.9.4 Bintense will use commercially reasonable efforts to settle exchange orders as soon as possible on a spot basis and up to two (2) days of the date upon which you submitted a transaction order.

7.10 Payment for an External profile

7.10.1 Only payment methods specified by Bintense may be used to purchase Cryptocurrency. By submitting an Order, you represent and warrant that you are authorised to use the designated payment method and authorise Bintense or our payment processor to charge your designated payment method.

7.10.2 If the payment method is invalid or unacceptable, your Order may be suspended or cancelled.

7.11 Disruption of Service

7.11.1 In the event of an error in providing the Service, in an exchange order confirmation, in processing the order, or otherwise, Bintense reserves the right to correct such error and revise your purchase Order accordingly or to cancel the Order and refund any amount received, after deduction of applicable fees.

7.11.2 In a market disruption or Force Majeure event (see Key Definitions above), such as blockchain network failure, Bintense may suspend access to Service.

7.11.3 Following any such event, you acknowledge that prevailing market exchange rates may differ from the rates available prior to such an event.

7.12 Cancellation of transaction Order

7.12.1 You may cancel an order initiated via transaction order form only if such cancellation occurs before Bintense executes the Order.

7.12.2 Once your Order has been executed, you may not change or cancel your authorization for Bintense to complete the transaction.

7.12.3 If a transaction order may not be complete due to insufficient funds, Bintense may cancel the entire order or fulfil a partial order using available funds.

7.13 No Refunds

7.13.1 All exchange operations, sales and purchases of Cryptocurrency via the Service are final.

7.13.2 Bintense does not accept any returns and will not provide any refunds unless specifically provided in these Terms.

8. KYC AND REVERSAL TRANSACTION POLICY

8.1 A completion of the successful “Know Your Client” (KYC) procedure is a necessary condition to use Service. Documents and media files will be uploaded to your Bintense profile and stored per Bintense Privacy Policy.

8.2 If a user refuses to complete said KYC process for any reason, the User shall:

8.2.1 inform Bintense of refusal to complete the KYC process in writing to Bintense customer service; and

8.2.2 provide a valid profile/wallet for reversal of the transaction.

8.3 Bintense shall then initiate a transaction reversal. The user’s funds shall be returned to the user’s profile/wallet five (5) days after the date upon which a user submitted a refusal to complete the KYC statement.

8.4 If pursuant to a KYC process, Bintense will refuse to provide services to a user due to AML/CTF policy, compliance directive or any other reason, Bintense shall initiate a reversal of the transaction, and the user’s Funds shall be returned to the user’s External profile/Wallet up to five (5) days of the date upon which a user-submitted a transaction order.

9. THE STORAGE OF CLIENT’S TRANSACTION HISTORY AND OTHER DATA

9.1 The Company shall retain the Client’s transaction history and other relevant data for a period specified by applicable legal and regulatory requirements.

9.2 The Client shall have a right to find transaction history in his/her profile for the period of not less than 2 (two) years.

10. COMMUNICATIONS

10.1 You consent to receive electronically all communications, agreements, documents, receipts, notices, tax forms, and disclosures Bintense provides in connection with the Service and your Bintense profile.

10.2 You consent that Bintense may provide these communications to you by posting on webpages via the Service, emailing them to you at the email address you provide, and sending a text message to a mobile phone number. Carrier’s messaging, data or other fees may apply.

10.3 To access electronic communications, you must use a computer with an internet connection with a current web browser and software to read PDF files.

10.4 You must keep a current email address, mobile phone number, and mail address on file with Bintense. Bintense will be deemed to have sent you an electronic communication on the date its system indicates that the transmission was made regardless of whether you received or had access to the communication.

10.5 If your email address or mobile phone number becomes invalid, such that electronic communications sent to you are returned, Bintense may deem your profile to be inactive.

10.6 You may withdraw your consent to receive electronic communications by sending a withdrawal notice to Bintense support. Bintense may suspend or terminate your use of Service.

10.7 If you would like a paper copy of the previous communication after withdrawal of consent to receive Communications electronically, you may request a copy by contacting Bintense support. Bintense will charge you a processing fee of 0.30 AUD per page and shipment expenses. You must provide a current physical mailing address.

11. NATURE OF RELATIONSHIP

11.1 The relationship between you and Bintense is that of an independent contractor. We are an independent contractor for all purposes.

11.2 Nothing herein contained shall be deemed to create any other form of relationship. Bintense is not acting as your agent, advisor, partner, broker, trader, intermediary, or in any fiduciary capacity.

11.3 All communication provided to you shall not be construed as advice of any kind, to perform or refrain from performing any action.

11.4 In relation to the Services, we may acting reasonably:

11.4.1 modify or discontinue any portion or all of our Services, and/or

11.4.2 suspend or terminate your access to our Services at any time, and from time to time, without notice to you.

11.5 You agree and confirm that we shall not be liable to you or any third party for any modification, suspension, or termination of any of our Services, or suspension or termination of your access to our Services, except to the extent otherwise expressly set forth herein or under a separate written agreement with us.

11.6 You are responsible for your own access and use of your profile with our Services. We are not a money transmitter.

12. TAXES

12.1 It is your full responsibility to determine if any taxes apply to Orders and transactions you complete using the Service.

12.2 It is your full responsibility to report and remit the correct tax to the appropriate tax authority.

12.3 We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction. The Client shall be responsible for determining and fulfilling any tax obligations arising from Clients use of the Platform or Services, including, without limitation, any value-added tax (VAT) or other taxes applicable in any jurisdiction. The Company does not provide tax advice in relation to the Services or otherwise.

13. FAIR USE

13.1 By using the Service, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a wrongful act, a crime or a tort. You are solely responsible for your conduct while using our Service.

13.2 Without limiting the generality of the foregoing, you agree that you will not use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of Service.

13.3 You agree that you will not use Service to pay for, support or otherwise engage in any illegal gambling activities, money-laundering, financing terrorist activities, fraud or other illegal activities.

13.4 You agree that you will not use any robot, spider, crawler, scraper or other automated means or interface not provided by Bintense to access Service or extract data.

13.5 You agree that you will not use or attempt to use another user’s profile.

13.6 You agree that you will not attempt to circumvent any content-filtering techniques or attempt to access any service or area of Service that you are not authorised to access.

13.7 You agree that you will not develop any third-party applications that interact with Service.

13.8 You agree that you will not use Service to provide false, inaccurate, or misleading information.

13.9 You agree that you will not use Service to encourage or induce any third party to engage in any of the activities above.

14. UNCLAIMED PROPERTY.

14.1 If Bintense is unable, for any reason, to return your funds to your external payment provider after a reasonable period of inactivity, Bintense may report and remit such funds in accordance with applicable unclaimed property laws.

15. INTELLECTUAL PROPERTY

15.1 Intellectual Property Rights

15.1.1 Unless otherwise indicated, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Service, are the proprietary property of Bintense and its related entities and are protected by international copyright laws and other intellectual property rights laws.

15.1.2 Content and materials may include the Bintense logo, designs, text, graphics, pictures, information, data, software, files and the selection and arrangement.

15.1.3 Bintense does not permit any use of the content and materials other than for their intended purposes.

15.1.4 Limited License. The Company grants the Client a non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the intellectual property contained within the Services solely for the purpose of utilizing the Services in accordance with these Terms and Conditions. This license is conditional upon the Client’s continued compliance with the Terms and Conditions and shall terminate automatically upon the expiration or termination of relationships.

15.1.5 The Client agrees not to:

15.1.5.1 Copy, modify, reproduce, display, distribute, republish, download, transmit, or create derivative works based on any part of the Company’s intellectual property included in the Services;

15.1.5.2 Decompile, disassemble, reverse engineer, or otherwise translate the Services into human-readable form;

15.1.5.3 Access the Services for the purpose of developing a competing product or service;

15.1.5.4 Use the Services to provide outsourced or shared services to the third parties;

15.1.5.5 Sell, rent, lease, sublicense, assign, or otherwise transfer or commercially exploit the Services or make them available to any third party other than authorized users;

15.1.5.6 Attempt to gain, or assist others in gaining, unauthorized access to the Services beyond what is permitted by these Terms and Conditions.

15.1.6 Protection of Intellectual Property. The Client agrees to:

15.1.6.1 Promptly inform the Company of any suspected or actual infringement of the Company’s intellectual property rights;

15.1.6.2 Cooperate with and support the Company in enforcing its rights in any related legal actions;

15.1.6.3 Refrain from taking any action or omission that could weaken or compromise the Company’s intellectual property rights;

15.1.6.4 Avoid any use of the Company’s intellectual property that may damage the Company’s business or reputation.

15.1.7 Any suggestions, ideas or other materials regarding Service or the company that you provide, by correspondence with support or otherwise, by posting through our Service or otherwise, are the intellectual property of Bintense and its related entities.

15.1.8 Bintense will own exclusive rights, to any information submitted as suggestions, ideas or feedback to change or improve service (Feedback). Such Feedback is non-confidential and shall become the sole property of Bintense.

15.1.9 Bintense will be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You waive any rights you may have to the Feedback, including copyright and moral rights.

15.1.10 Bintense reserves the right to disclose your identity to any third party who is claiming that content posted by you constitutes a violation of their intellectual property privacy rights.

15.1.11 You agree to indemnify us against any loss or damage incurred by us resulting from your infringement of the Intellectual Property rights that vests in the Platform, whether direct by your usage of our Platform and Services or indirectly through other means or uses (whether authorised or unauthorised) of the Platform or Services.

15.1.12 Where it is necessary to allow us to provide you with our Services from time to time, you grant us non-exclusive, irrevocable, royalty-free, and worldwide licence to use relevant intellectual property belonging to you.

15.2 Trademarks

15.2.1 “Bintense” and Bintense logo are trademarks of Bintense and its related entities, and may not be copied, imitated or used, in whole or in part, without Bintense’s prior written permission.

15.2.2 You may not use any trademark, product or service name of Bintense without prior written permission.

15.2.3 Use above includes metatags or hidden text utilising any trademark, product or service name of Bintense.

15.2.4 The look and feel of Bintense Site and Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Bintense and may not be copied, imitated or used, in whole or in part, without prior written permission.

15.2.5 All other trademarks, registered trademarks, product names and company names or logos mentioned through the Service are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Bintense.

16. PROCESSING AND USE OF THE PERSONAL DATA

16.1 The Privacy Policy describes how the Company collects, uses, and discloses personal information received from current or future Clients or users. The Privacy policy is published at the Company‘s website following the link: https://bintense.au/privacy-policy/.

16.2 The Company shall collect, store, use, and process the personal data of the Client and their affiliates (e.g., employees, agents, etc.), in accordance with all applicable laws and regulations relating to the protection of personal data. This includes, but is not limited to, the General Data Protection Regulation (GDPR) and any other relevant data protection laws.

16.3 The Company will take necessary measures to ensure that personal data is handled securely and confidentially and will implement appropriate technical and organizational measures to protect against unauthorized access, disclosure, alteration, or destruction of personal data.

16.4 The Client’s rights and other important information is provided in the Privacy policy. The Client is obliged carefully to read the Privacy policy before entering into relationships with the Company.

16.5 The Company will also provide transparency regarding the purposes for which personal data is processed and will obtain necessary consents from the Client and their affiliates where required by law. The purposes for which Client‘s personal data is collected, stored and in other manner processed are described in the Privacy policy.

16.6 Cases in which the Company shall have the right to disclose information to third parties are specified in the Privacy policy.

17. CONFIDENTIALITY

17.1 The Company undertakes to ensure full confidentiality and non-disclosure to the third parties of the information provided by the Client that is required for the Company to execute the Services, except the cases stipulated herein and in Privacy policy.

17.2 The Company will have the right to disclose confidential information when it is required by law or by a court, or in other cases written in the Privacy policy.

17.3 The Company will retain any obligations with respect to the protection of the confidential information during the term of the Agreement and for a period of 10 (ten) years after the termination of relationship with the Client.

18. THIRD-PARTY CONTENT

18.1 While using Service, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook links.

18.2 Bintense does not control, endorse or adopt any such third-party content and shall have no responsibility for such content, including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable.

18.3 Bintense are not responsible or liable for any loss or damage of any sort incurred from any dealings with third parties.

18.4 Interaction and use of third party content are solely at your own risk.

19. CUSTOMER COMPLAINTS PROCEDURE

19.1 General notes

19.1.1 Bintense is committed to the highest level of service and client satisfaction.

19.1.2 Any dissatisfaction with Services, feedback or voicing the client’s opinion can be registered as a complaint. See instructions below.

19.1.3 Bintense is committed to treating you with respect and transparency, handling the complaint fairly, and providing a timely response.

19.1.4 The response shall strive to be constructive, and include an explanation and reasoning when possible.

19.2 How to register a complaint?

19.2.1 Prepare identifying information about yourself and the transaction in the subject of the complaint. The identifying information may include:

19.2.1.1 your Bintense profile number;

19.2.1.2 full name and address, as provided when you have registered your profile; and

19.2.1.3 transaction number.

19.2.2 Send your complaint by email to: [email protected]. Please state “complaint” in the subject.

19.2.3 By regular mail, mailing to: Unit 2, 15-17 Featherstone Place Adelaide SA 5000.

19.3 Stage one: complaint investigation

19.3.1 Complainant will be informed by email about the process and the expected time frame for investigation and resolution within 2 working days. Our staff will examine the complaint within 14 business days of receiving the complaint.

19.3.2 Company response will be delivered to you by email or certified mail.

19.3.3 Under special circumstances, the company may add 10 days to the examination period above. You will be informed as to the reason for the delay.

19.4 Stage two: manager review

19.4.1 If you are not satisfied with the company response received in stage one, you may request an additional review by a manager.

19.4.2 Please explain why you are not satisfied with the response received in stage one.

19.4.3 A manager will review the complaint and the response which was given on stage one within 14 business days. As far as possible, complaints or appeals will be investigated and resolved within 14 working days of being received on Stage Two. If this time cannot be met, you will be informed of why and the alternative time frame for resolution. The alternative time frame can be added to 10 business days.

19.4.4 Other than registration with AUSTRAC, our Services is not licensed or authorised by ASIC, Reserve Bank of Australia, APRA, or other regulators in Australia. Any complaints about our Services are not subject to the jurisdiction of the Australian Financial Complaints Authority, or compensation under the Financial Claims Scheme administered by APRA

19.5 Stage three: mediation

19.5.1 If you are still not satisfied after exhausting stages one and two, you may apply for mediation as per clause 22.

20. DISCONTINUANCE OF SERVICE, SUSPENSION AND TERMINATION

20.1 Any use of our Services for the purpose of facilitating, participating in, or acting in relation to any Prohibited Uses, as set forth above and further specified in the applied schedule 2 to this Agreement, or suspicion of such Prohibited Uses, or any other circumstances that we hold or suspect in our discretion to be unreasonable, can lead to service disruptions, changes in services, profile termination, suspension, deactivation, restriction or lead to reporting such activities by us to law enforcement agencies.

20.2 We are permitted to terminate, suspend, discontinue, or restrict our Services or your profile unilaterally with immediate effect if due to reasons including, but not limited to, the following circumstances:

20.2.1 The Client does not support the Company with required documents and/or other information;

20.2.2 The Client does not pass periodically required KYC procedures;

20.2.3 It is requested by competent authorities;

20.2.4 It is required under the applicable laws;

20.2.5 The Client uses Services for illegal purposes or otherwise executes other improper actions (including but not limited to usage of a market abuse techniques) which violate laws;

20.2.6 The Client provides to the Company with incorrect and/or incomplete information or does not provide, avoids or refuses providing any required information to the Company;

20.2.7 In the opinion of the Company, a Client is engaged in the field of activity with a high level of c of Money Laundering and Terrorist Financing;

20.2.8 In the opinion and assessment of the Company, the Client’s profile is the high-risk one;

20.2.9 according to the information available to the Company, the Client is engaged in activities without holding the required licenses or other authorizations issued by competent public authorities;

20.2.10 the Client is/or related to persons who do not comply, violate and/or evade the requirements of the international sanctions;

20.2.11 the Client is engaged in other activities which do not comply with Company’s risk appetite;

20.2.12 a person logged into your profile is not you;

20.2.13 there are reasonable concerns or suspicions in relation to your financial status, including:

20.2.13.1 you become bankrupt of unsound mind, commit an act of bankruptcy, or an action was commenced against you in relation to bankruptcy;

20.2.13.2 as a corporation, you are unable to pay debts that are due and payable or an action is commenced against you in regard to insolvency, receivership, administration, judicial management, or other relevant proceedings;

20.2.13.3 a meeting with your creditors or an intention or realisation of any intended compromise or arrangement with or any assignment for the benefit of any relevant creditors was convened or implemented;

20.2.13.4 you breached any of the Terms of this Agreement;

20.2.13.5 you breached any explicit or implied warranties or representations;

20.2.13.6 we are not able to contact you or communicate with you through any means within a reasonable timeframe in the circumstances;

20.2.13.7 as required by applicable laws and regulations; or

20.2.13.8 other reasons that we deem reasonably necessary in our discretion which are valid and legal under prevailing laws and regulations.

20.3 If you believe you are using our Services for or in connection to any one of the purposes of the Prohibited Uses, or are unsure whether your use or intended use may be a Prohibited Use, you must contact us directly without delay and refrain from using our Services until we have addressed any potential issues.

21. LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES

21.1 Limitation of Liability.

21.1.1 Notwithstanding any other clause in this Agreement, in no event shall we, our parent companies, Related Entities, affiliates, officers, directors, agents, joint venturers, employees and suppliers liable or responsible to you or any other person for:

21.1.1.1 General liabilities

21.1.1.1.1 any direct or indirect losses, including but not limited to lost profits, loss of revenue, loss of opportunity or any special, indirect, punitive, exemplary, incidental or consequential damages or costs arising out of or in connection with our Platform, our Services, your profile or this Agreement (howsoever arising, including negligence).

21.1.1.1.2 in relation to a dispute (which has not been formally instigated through a legal action within one calendar year of the circumstances giving rise to the dispute), any losses forming part of part of such dispute.

21.1.1.1.3 any direct or indirect losses, or damage caused by any viruses, phishing, spoofing, or any forms of malware or other attacks that may affect you, your computer, any of your electronic devices, equipment or other relevant hardware or reasonable loss arising from the negligence of or by us or contingencies beyond our control in procuring, compiling, interpreting, computing, reporting, or delivering our services.

21.1.1.2 Tokens, Cryptocurrencies and Digital Assets

21.1.1.2.1 any loss, theft, errors, malfunctions, corruption, destruction, unauthorised access or other damage of any tokens, cryptocurrencies, digital assets or any value held, whether due to external causes, hacking, technical failures, or any other causes which cannot be reasonably mitigated by us and those which may occur from time to time.

21.1.1.3 Blockchain Technology and Protocols

21.1.1.3.1 any disruptions, errors, delays, vulnerabilities or other consequences arising from the use of blockchain technology, or any harm occurring as a result of the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions or other potential adverse events or adverse consequences. This includes but is not limited to:

21.1.1.4 Consensus Mechanisms

21.1.1.4.1 any issues arising from the consensus mechanisms employed by a blockchain, including proof of work, proof of stake, or other consensus algorithms.

21.1.1.5 Forking and Network Upgrades

21.1.1.5.1 any reasonable consequences arising from network forks, upgrades, or other changes to the underlying blockchain protocol. This includes circumstances and events which may result in the creation of new digital assets, potential instability, and uncertainties within a blockchain network.

21.1.1.6 Network Congestion

21.1.1.6.1 any reasonable delays, failures, or disruptions caused by network congestion or overload within the blockchain network. This includes circumstances where there may be high demand and transaction volumes can impact the speed and efficiency of blockchain transactions.

21.1.1.7 Smart Contracts

21.1.1.7.1 any losses or damages resulting from the execution of smart contracts, including but not limited to technical malfunctions, bugs, vulnerabilities, unintended consequences or other reasonable issues within the code of such contracts or those that are not capable of being reasonably mitigated by us.

21.1.1.8 Malicious code

21.1.1.8.1 any losses, damages, delays, disruptions or failures caused by malicious code or malware that may affect the Platform, tokens, cryptocurrencies, digital assets, protocols, smart contracts and the provision of Services.

21.2 Indemnity

21.2.1 You agree to defend, indemnify and hold harmless Bintense, its directors, members, employees, agents, officers, Related Entities, parent companies, and affiliates from any claim, demand, action, damage, loss, cost or expense, including reasonable legal fees, arising out or relating to your use of, or conduct in connection with, the Service, your violation of Terms, your violation of any rights of any other entity.

21.3 Disclaimer of Warranties.

21.3.1 Bintense provides services on an “as is” and “as available” basis.

21.3.2 Bintense expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, including the information, content and materials contained therein.

21.3.3 That information you store or transfer through Bintense services may become irretrievably lost, corrupted, or temporarily unavailable due to various causes, including but not limited to software failures, protocol changes, force majeure events, denial-of-service attacks, maintenance, or other causes. You acknowledge the above-stated risk and confirm you are solely responsible for backing up any information you store or transfer through Service.

22. APPLICABLE LAW, MEDIATION

22.1 Jurisdiction

22.1.1 The Terms shall be governed by, construed and enforced according to the laws of Adelaide, South Australia and you submit to the non-exclusive jurisdiction of the courts in that jurisdiction.

22.2 Conflict Resolution

22.2.1 The parties shall use all reasonable efforts to amicably resolve any dispute or controversy arising directly out of this Agreement. In the event of a dispute which cannot be resolved by the parties themselves, parties, under separate express arrangements, may commence a mediation proceeding. The mediation will be conducted by a mediator, and in accordance with the rules prescribed by, the Resolution Institute. The costs payable to the mediator will be shared equally by the parties. A mediation award, in the event of initiation such proceedings by both parties, shall be final and binding upon the parties. This clause does not limit the rights of the consumer provided by consumer protection legislation, or the right of any party to pursue any other remedies, including claim remedies before any competent court.

23. MISCELLANEOUS

23.1 Entire Agreement. These Terms contain the entire agreement between you and Bintense, and supersede all prior and contemporaneous understandings between the parties regarding the Service. The Client shall be familiarised with the Terms and Conditions before execution of any transactions. The Client before placing of the Order shall approve by electronically means that he/she was familiarised with the Terms and Conditions.

23.2 Amendment

23.2.1 Bintense reserves the right to make changes or modifications to these Terms from time to time, in Bintense’s sole discretion, by posting the amended Terms on the website, and by communicating these changes through any written or other contact methods, we have established with you.

23.2.2 The amended Terms will be effective immediately after that, and your use of the Service following the date on which the amended Terms are published will constitute consent to such amendments.

23.3 Notices. All notices, requests, demands and other communications under these Terms and Conditions shall be in writing, including by electronic mail, and shall be deemed to have been duly given if delivered by hand, courier, registered post, ordinary mail or electronic mail agreed by Parties.

23.4 The Client consent to receive electronically all communications, agreements, documents, receipts, notices, tax forms, and disclosures the Company provides in connection with the Services.

23.5 The Parties undertake to immediately inform each other of any change in their contact details as set out in the particulars of these Terms and Conditions.

23.6 If a client’s email address or mobile phone number becomes invalid, such that electronic communications sent to client are returned, the Company may deem your profile to be inactive.

23.7 The Client must immediately inform the Company on all Customer’s data or circumstances that have changed compared with those specified in the documents earlier submitted by the Client to the Company (e.g., upon change of the Client‘s or his/her representative citizenship, about becoming politically exposed person (PEP), other information indicated in KYC questionnaire).

23.8 If the Customer does not inform the Company about changes to their address or contact details, they cannot claim that the Company’s actions based on the last known contact details are not in line with the Agreement or that they did not receive notifications from the Company.

23.9 Waiver. The Company’s failure or delay in exercising any right, power, or privilege under these Terms of Use shall not constitute or be deemed a waiver of such right, power, or privilege, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power, or privilege.

23.10 Assignment. You may not assign, transfer, delegate, or otherwise dispose of any of your rights or obligations under these Terms of Use, in whole or in part, including by operation of law or in connection with any merger, acquisition, reorganisation, or change of control, without the prior written consent of the Company.

23.11 When texts are concluded in two languages, in the case of conflict of translation, the English language shall prevail.

Schedule 1 – Prohibited Businesses

1. The following categories of businesses, business practices, and sale items are barred from our Services (“Prohibited Businesses”). By opening an profile, you confirm that you will not use our Services in connection with the following businesses, activities, practices, or items and immediately notify us if your use of our Services relates to:

1.1 Operating as an unlicensed money transmitter, money service, payment service provider, e-money, or any other financial services business which requires licensure, including but not limited to exchanges of virtual currencies, sales of money orders or traveller’s checks, and escrow services;

1.2 Counterfeit products or any product or service that infringes upon the copyright, trademark, or trade secrets of any third party;

1.3 Stolen goods or goods acquired through illicit means, including but not limited to fraud, embezzlement, money laundering, corruption or deceit;

1.4 illegal narcotics, controlled substances, prescription and pharmaceutical services, drug paraphernalia, or any substances designed to mimic illegal drugs;

1.5 Illegal or prohibited gambling;

1.6 Illegal or prohibited sports forecasting or odds making;

1.7 Illegal escort services;

1.8 Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same;

1.9 Funding any of the items included on this Prohibited Businesses list;

1.10 Extortion, blackmail, or efforts to induce unearned payments;

1.11 Unlicensed sale of firearms and certain weapons;

1.12 Engaging in deceptive marketing practices; or

1.13 Any business that violates any law, statute, ordinance or regulation.

Schedule 2 – Prohibited Users

You may not use your profile to engage in the following categories of activity (“Prohibited Use”). By opening an profile operated by us, you confirm that you will not use your profile, whether directly or indirectly, and immediate notify us if your use relates to:

1. Violating or assisting any party to violate any law, statute, ordinance, regulation or any rule of any statutory body, government authority, judiciary, self-regulatory or similar organisation of which you are or are required to be a member (for example, those laws, rules, or regulations governing financial services, controlled substances, or consumer protections);

2. Undertaking or partaking in a transaction or activities which involves the proceeds of any unlawful activity;

3. Undertaking or partaking in activities that may constitute or result in an unlawful activity or harm to us or third parties, including those involving:

3.1 Unauthorised Financial Institutions and Money Service Businesses

3.1.1 Unlicensed money transmission, unlicensed financial services, and other unregulated financial operations. This also includes securities brokers, unlicensed investment vehicles, check cashing services, collections agencies, and bail bonds;

3.2 Drugs and narcotics

3.2.1 Illegal narcotics, drug paraphernalia, commercial drugs and other controlled substances, and other mind or body altering substances presenting a public health risk;

3.3 Stolen Items

3.3.1 Stolen goods including digital and virtual goods, all goods for which seller does not have clear rights of ownership, licence, or possession;

3.4 Shell Companies

3.4.1 Entities that appear to have no genuine business purpose or are otherwise designed to operate for a purpose other than that which they purport to operate under are prohibited;

3.5 Bearer Shares Entities

3.5.1 Customers transacting with, on behalf of, or in relation to entities for which the identity of beneficial owners are not known and in which ownership stakes are freely alienable are prohibited;

3.6 Adult Services and human trafficking

3.6.1 Services involving illegal prostitution, sale of illegal pornographic materials, and forms of human trafficking;

3.7 High Risk Entities

3.7.1 Any individual, group, or entity deemed to pose an inordinately high risk to us, our Related Entities, our customers, or other third parties may be considered unacceptably high risk and an unauthorised user;

3.8 Violence

3.8.1 Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same;

3.9 Coercion

3.9.1 Extortion, blackmail, or efforts to induce unearned payment;

3.10 Weapon Sales

3.10.1 Unlicensed sale of firearms and certain weapons;

3.11 Money laundering and terrorism

3.11.1 Any acts relating to money laundering, terrorism, terrorism financing and proliferation financing and other unlawful activities, as regulated under the AML/CTF Act, or other related legislation and any amendments thereto;

3.12 Investment Schemes

3.12.1 Facilitate investment schemes such as pyramid schemes, ponzi schemes, network marketing, unlicensed investment vehicles, deceptive charity schemes, referral marketing programs or multi-level marketing programs;

4. Undertaking or partaking in any transaction involving illegal or prohibited gambling, including the conduct of online gambling, lotteries, casinos and informal gambling, gaming operations, sports betting, and other games of chance and forms of speculation not authorised or licensed by a government agency duly empowered by law to licence or authorise the conduct of such activities;

5. Defrauding or attempting to defraud Digitex Corp Pty Ltd Services, our Related Entities, our directors, employees, agents, representatives or other users on the Platforms;

6. Infringing or engaging in activities or transactions that infringe upon any copyright, patent, trademark, or intellectual property rights registered under Digitex Corp Pty Ltd Services or any third parties whether in Australia or other authorised intellectual property registers;

7. Undertaking or partaking in fraud or provision of any false, deceptive, inaccurate or misleading information to us, our users, our Related Entities, or other third parties for pecuniary gain or other ends;

8. Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;

9. Interfering with another individual’s or entity’s access to or use of any of our Services;

10. Defaming, abusing, harassing, stalking, threatening or otherwise violating or infringing the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;

11. Publishing, distributing or disseminating any unlawful material or information;

12. Transmitting or uploading any material to our Platforms that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;

13. Harvesting or otherwise collecting information from our Platforms about others, including without limitation email addresses, without proper consent;

14. Acting as a payment intermediary or aggregator or otherwise resell any of our Services, unless expressly authorised by Digitex Corp Pty Ltd Services in writing;

15. Transferring any rights granted to you under this Agreement;

16. Using the profile information of another party to access or using our Platforms;

17. Otherwise attempting to gain unauthorised access to the Platforms, other profiles, computer systems or networks connected to our Platforms, through password mining or any other means;

18. Taking any action that we deem as circumventing our controls, including, but not limited to, opening multiple or abusing promotions which we may offer from time to time.