These terms and conditions of use (Terms) form a binding legal agreement between the customer
(you, your) and Rhino Loft Pty Ltd trading as CoinLoft ABN 74 155 153 530
(CoinLoft, we, us, our) and Future Cat Pty Ltd ABN 17 603 898 620 (Future Cat),
and Tech Seven Pty Ltd ABN 33 606 283 747 (Tech Seven),
and Tech Three Pty Ltd ABN 38 608 670 408 (Tech Three),
and Mango Planet Pty Ltd ABN 12 608 096 886 (Mango Planet),
and Tech Zero Pty Ltd ABN 63 612 728 604 (Tech Zero),
and Genesis Six Pty Ltd ABN 46 619 577 990 (Genesis Six),
and Shield Net Pty Ltd ABN 30 620 270 733 (Shield Net),
and Mag Loft Pty Ltd ABN 87 622 948 930 (Mag Loft),
related companies of CoinLoft.
- Our Service
- We provide digital currency purchasing services (Services) to allow customers to quickly and easily buy bitcoin, ether and other digital currencies (Digital Currency).
- By placing an order (Order) on the Website, you agree to be bound by
Terms, which govern all aspects of the provision of the Services.
- Trading or holding Digital Currency is high risk and losses can be substantial. You should carefully consider whether trading or holding Digital Currency is suitable for you in light of your financial situation and risk appetite.
- How the Order works
- You must complete the required information on the Order page accurately. This includes providing correct information regarding the purpose of your purchase and providing any identification documents requested.
- You agree to pay the amount calculated in the Order in exchange for the quantity of digital currency specified in the Order.
- If using the cash payment option, you must make payment for the Order in Australian dollars to one of the Australian bank accounts that we nominate, by direct over-the-counter or smart ATM cash deposit. The bank account may be held by us or by Future Cat Pty Ltd, Tech Seven Pty Ltd, Mango Planet Pty Ltd, Tech Three Pty Ltd, Tech Zero Pty Ltd, Genesis Six Pty Ltd, Shield Net Pty Ltd or Mag Loft Pty Ltd.
- If using the cash payment option, you must ensure the payment is made within the 'valid for' time specified on the Order confirmation page. We have no obligation to fulfil the Order if payment is not received within the specified time. If we choose not to fulfil an Order then we will refund the payment for the Order to you in full via online transfer to your nominated bank.
- You must keep a copy of the bank deposit receipt and provide it to us on request.
- We will transfer the exact amount of digital currency specified in the Order, once acquired by us and as soon as practicable, to the wallet address that you provide in the Order form.
- It is your responsibility to provide the correct wallet address in the Order form. If you supply an incorrect wallet address resulting in loss of funds, we are under no obligation to refund your payment.
- We reserve the right to refuse to supply Digital Currency to anyone for any reason at any time.
- We reserve the right to not provide information or reasons as to why we may have refused to supply Digital Currency.
- We are not required to disclose the source of the Digital Currency to you.
- We reserve the right to cancel an order at any time for any reason.
- Where CoinLoft decides to cancel an order we will refund any payments made by the customer relating to the cancelled order.
- Our Fees
- We do not charge a commission for the service we provide. We earn our income from the difference between the prices at which we buy and sell the Digital Currency (Margin). The Margin is incorporated in the price of the Digital Currency quoted to you and is not an additional charge or fee payable by you.
- In addition, certain payment methods will incur a processing fee which is required to cover the cost levied by third party payment processors.
- In the case where a processing fee is charged, GST may also be charged in accordance with Australian tax requirements.
- Any applicable fees and taxes are calculated automatically and included within the total price of the Order.
- Upon completion of the Order, we will provide you with a tax invoice which specifies the amount of bitcoin, ether or other digital currency acquired, any fees and taxes applied, and the total amount you paid for the Order.
- We make no representation or warranty as to whether or not the digital currency that you have acquired is a creditable acquisition for Goods and Services Tax.
- No Guarantee
- We are not obliged to notify you of any malfunction in our Services, or if any Service
feature is limited, restricted or ceases.
- Although we take reasonable steps to protect the integrity and reliability of our
Services, we do not warrant and do not give you any guarantee or representation that:
- our Services or any information or other material accessible through our Services will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component;
- there will be any operational stability, availability or continuation of our Services;
- your use of our Services will not infringe the rights of any third party; or
- there will be any continuation of the agreement formed under these Terms.
- We warn you that our Services may be discontinued at our sole and absolute discretion and that our Services may be inoperable at times due to:
- down time and scheduled maintenance;
- outages to any public Internet backbones, networks or servers;
- equipment failure including the failure of third party systems such as international or local access systems; or
- a force majeure event, being the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond our control that renders provision of the Digital Currency impossible.
- Limited Liability
- Neither CoinLoft nor Future Cat nor Tech Seven nor Mango Planet nor Tech Three nor Tech Zero nor Genesis Six nor Shield Net nor Mag Loft is
liable to any extent for any loss you suffer:
- as a result of you directing us to transfer bitcoin, ether or other digital currency to an incorrect wallet public address, you losing control of or access to your digital currency wallet or private key or otherwise losing the ability to spend the unspent digital currency at your wallet public address; or
- as a result of you failing to deposit, or a bank failing to process, payment for your Order within the specified timeframe; or
- as a result of the Service being unavailable at any time.
- as a result of fluctuations in the digital currency price.
- To the maximum extent permitted by applicable law, we disclaim all warranties, either express or implied, including but not limited to:
- uninterrupted or continuous availability of our Services; and
- implied warranties of merchantability, fitness for a particular purpose with respect to our Services under these Terms.
- Certain laws may not allow the exclusion of some conditions and warranties in which case some of the above exclusions may not apply to you.
- To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on our part) will we be liable for any indirect, incidental or, special and/or consequential damage or loss of profits, goodwill or reputation including, without limitation, damages arising out of an action under contract, negligence or any other theory or for any loss or consequential loss including any business profits, business information, business reputation, business opportunity, goodwill or any business interruption or other pecuniary loss or any incidental damages, punitive damages or exemplary damages whatsoever that result from your use of the Services or your inability to use or access the Services (Damages).
- Subject to the following LOCAL LAWS paragraph, CoinLoft, to the full extent permitted
- exclude all warranties, conditions, terms, representations and undertakings, other than an undertaking set out in these Terms (whether express or implied),including without limitation with respect to advertising or other services;
- limit our obligation to provide any services, to the obligation to supply our Services again, or to pay the cost of having our Services supplied again;
- limit our aggregate liability to $AUD50, in relation to any claim; or for any Damages whatsoever.
- The limitations set out in this clause apply regardless of whether the liability or damage is directly or indirectly related to a breach of these Terms or negligence or any other tort or for any other common law or statutory cause of action arising in relation to these Terms or the Services.
- The stated liability limits are an essential basis of the bargain between the parties and our agreement to allow you to use the Services.
- We have no liability for any Force Majeure Event.
- We may plead these Terms in bar to any claim, action, proceeding or suit brought by you against us in relation to any of our Services or otherwise in respect of these Terms or your use of our Services. This does not affect any rights you may lawfully have against us for our acts or omissions.
- If you agree to these Terms you represent to us that you:
- are 18 years old or older; and
- are capable of entering into a legally binding agreement.
- You also represent and warrant that:
- all information you have provided to us is correct and current;
- you have the power and authority necessary to enter into the agreement formed under these Terms and to perform the acts required under these Terms;
- you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation anti-spam laws and any relevant data protection or privacy laws);
- you will not and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories.
- you will not use our service to obtain Digital Currency for illegal purposes, including but not limited to, money laundering, illegal gambling, terrorism financing, purchasing of banned substances or any other criminal activity.
- Local Laws
- These Terms will not be excluded to the extent that such exclusion is prohibited by the laws of the jurisdiction where you reside and where those laws confer rights and remedies and imply terms into these Terms that cannot be excluded.
- If a jurisdiction does not allow an exclusion or limitation of liability, but allows a limitation to a certain maximum extent, then our liability is limited to that extent.
- If any provision in these Terms is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve validity.
- If necessary the invalid provision will be deleted from these Terms and the remaining provisions will remain in full force and effect.
- If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
- No Waiver
- A failure by us to act with respect to a breach by you or any third party does not waive our right to act with respect to subsequent or similar breaches.
- We have the right to assign these Terms in whole or in part to any person or business entity.
- You may not assign your rights or delegate your obligations under these Terms without our prior written consent.
- Entire Agreement
- This Agreement and all documents referenced in this Agreement comprise the entire agreement between you and us in relation to your use of the Services and supersede all prior agreements between the parties.
- Governing Law
- The laws of Victoria govern any agreement formed under these Terms and the parties irrevocably submit to the jurisdiction of the courts of that State.
- Credit Card processing
We use Simplex as our Credit Card processor, which requires the following terms
- We use third party services and such third party’s affiliates services which enable you to place monetary deposits and perform transfer of payments within our website by making use of your existing credit card (as and if available and applicable) (the "Service" and the "Third Party Service Provider"). The Services do not include any additional service, and such third party services do not include providing and/or depositing the applicable Digital Currency at your account.
- We may share and transfer (including cross border transfer) Personal Information with the Third Party Service Provider for the purpose of rendering the Services which will be made to our website via the use of your credit card. The Personal Information will be shared with the Third Party Service Provider after you elect to execute such monetary payments by using the Services of the Third Party Service Provider. For the purpose of this section Personal Information shall include information that identifies or may identify you, including the information submitted by you through the registration form when you subscribe to the website such as your E-mail address, password, country and city and/or information provided through social websites or any other identifying information provided by you while using the services of our website.
- In addition, we may transfer any Non-Personal Information provided by you through your use of the services on our website to the Third Party Service Provider in order to allow the Third Party Service Provider to perform preliminary examinations of Non-personal Information for the purpose of determining if you are qualified to use the services of such Third Party Service Provider (including the history of your transactions on the website which will be provided without any identifying information and solely for the purpose of performing the preliminary examinations).
- By accepting these terms, you represent that any and all information you provide us is true and accurate. Any false or fraudulent information and/or use of the services rendered to you is prohibited.
- You are not obligated by law to provide us and/or the Third Party Service Provider with any Personal Information. You hereby acknowledge and agree that you are providing us and/or the Third Party Service Provider with Personal Information at his/her own free will, for the purposes of rendering the Services.
This policy was last updated on January 1 2018