OVERVIEW

By agreeing to the below Terms of Use you are agreeing to the Terms of Use, Privacy Policy and Disclaimer of all products and services provided under Platypus Terminal which is operated under domains including www.platypusterminal.com and www.platypusexchange.com, as well as their associated subdomains.

This Terms of Use will use the terms, “Company”, “Platypus”, “we”, “us” or “our” to refer to the Platypus Terminal.

The below Terms of use intends to be an all-encompassing document that bind all customers and potential customers interacting with Platypus Terminal and its related products and parties.

THE PLATFORM

1. The Platypus website and its associated mobile applications (collectively “Platform”) are owned, operated and controlled by Lotus Blue Capital Pty Ltd ABN 45 633 441 406, trading as ‘Platypus’, who, along with its associated entities and each of their directors, affiliates or employees (as appropriate), are referred to as “Platypus”, “we”, “us” or “our” in these Terms of Use.
2. The Platform, provided and operated by Platypus, allows account holders to convert, buy, sell and trade digital currencies. It also includes any services, content, products, mobile applications, websites, software or any other services provided by Platypus (collectively “Services”).
3. By opening an account to use the Services, you expressly represent and warrant that you have accepted our Terms of Use, and any additional terms and conditions displayed on the Platform (including, without limitation, our Privacy Policy and AML-CTF Policy) as they apply from time to time.
4. We grant you a non-exclusive, revocable, non-transferable license to use the software on a server controlled by us for the sole purpose of accessing and obtaining the material on the Platform.
5. We may amend, modify, add to or delete these Terms of Use at our discretion and those amendments, modifications, additions or deletions apply to your use of the Platform and the Services as soon as they are displayed on the Platform (whether or not you are aware of those amendments, modifications, additions or deletions). All subsequent transactions by you will be subject to the most current Terms of Use as at the date of those transactions.
6. Your eligibility and use of our Platform and Services is dependent upon your country of residence.
7. Your ownership of any digital currencies purchased on the Platform will transfer to you upon Platypus receiving cleared funds from your bank or other financial institution, which is an Authorised Deposit-Taking Institution (“ADI”) and at no point earlier. If digital currencies are provided to you prior to Platypus receiving cleared funds of payment for those digital currencies from your ADI, including when your ADI reverses that payment, any action taken by you in relation to those digital currencies is done on behalf of Platypus.

RISKS OF TRADING AND HOLDING CRYPTO OR DIGITAL CURRENCIES

8. The trading or holding of coins, tokens, crypto, digital currencies, or digital assets of the like (collectively “Coins”) involves significant risks, the losses can be substantial and any loss and liability you incur is not insurable. You should carefully consider and assess whether trading or holding of Coins is suitable for you depending upon your financial circumstances, resources and tolerance to risk.
9. Coins such as Bitcoin and Ether are unlike traditional fiat currencies, goods or commodities in the market and are subject to exceptional risks. Unlike other traditional fiat currencies, Coins are decentralised and are not backed by a central bank, government or other legal entities. Coins currently remain largely unregulated. As such, the value of Coins may rise and fall depending upon the market, confidence of investors, competing currencies, regulatory announcements or changes, technical problems or any other factors.
10. Due to the significant risks of trading Coins as well as the impact of technology and the international market, Platypus cannot warrant or guarantee that particular Coins will be available on our Platform and Services. Platypus reserves the right to stop offering trades in relation to particular Coins on our Platform and Services. We will use our reasonable endeavors to notify you if we cease to support trading a particular Coin. If this is the case, you will not be able to convert Coins into AUD or any other currency. However, you will be given the option to move the Coins to another user, platform or third-party website. Please be aware that Platypus is not and will not be responsible for any costs incurred by you if you decide to move the Coins to another user, platform or third-party website.
11. Platypus only supports mechanisms such as Metacoins, Alt-Coins, Forks, Sidechains, Colour Coins and any other Coins that supplement and interact with digital currencies, as explicitly outlined by Platypus through its Platform from time to time. The Platform will participate in Forks, staking, airdrops and any other similar mechanisms at Platypus ’s absolute discretion. Platypus does not allow users to send Coins off the Platypus Platform in order to pay, fund or contribute to an Initial Coin Offering unless explicitly stated by Platypus. Platypus will not be responsible for the Coins sent off the platform nor the coins or tokens expected to be received from the Initial Coin Offering. Platypus may also support the payment of a dividend at Platypus ’s absolute discretion and only if explicitly stated by Platypus.
12. Platypus is not responsible or liable for any Coins once they are transferred from our Platform to another site, device, platform, wallet or user. Nor is Platypus responsible or liable for any Coins not traded on our Platform that have been sent into our Platform. Platypus is not responsible or liable for any Coins that have been sent to an incorrect or incompatible wallet address. Examples of incompatible wallet addresses include but are not limited to the type of Coin being transferred or the Blockchain Network the Coin is sent on.
13. As Platypus does not identify the counterparty to any transactions you make, Platypus recommends that you do not send Coins to any persons you do not personally know or completely trust, as, once sent, the transaction cannot be reversed. It is important for you to take precautions when transferring and storing your Coins whether on our platform or through other sites, wallets or devices. We take no responsibility for the misappropriation or theft of your Coins. We strongly advise that you familiarise yourself with and implement a personal wallet service or other device for storing your Coins and implement other security measures. Always take a greater degree of care and precaution to secure your passwords when operating in a digital environment. For more information about how to secure and protect your Coins, see Security Recommendations.
14. Given the high level of risk associated with trading Coins, you acknowledge that by opening an account with Platypus, it is your responsibility to implement additional security and precautionary measures available to you in order to protect your Coins. Platypus recommends the use of minimum-security measures including two-factor authentication to securely access your Platypus account. Other measures such as using a strong password or unique email address that is not used on any other website or platform, or that is known by anyone else, as well as transferring and storing your Coins in your own personal wallet outside of the Platform or disabling withdrawals to stop Coins being sent from your account, are steps that you can take to improve the security of your Coins

YOUR OBLIGATIONS

15. You warrant to us that you are a bona fide user of Platypus ’s Platform and Services for the purposes of trading and holding Coins.
16. You must not:
    
    1. Engage in any restricted or criminal activities, including but not limited to:
       
       1. Terrorist financing;
       2. Money laundering;
       3. Illegal gambling;
       4. Distributing or funding drugs and drug paraphernalia;
       5. Malicious hacking;
    2. Knowingly or recklessly provide us with false, inaccurate or incomplete information through the Platform;
    3. Use Platypus ’s Platform and Services for the purpose of obtaining, processing, distributing, viewing, assessing, analyzing, copying or replicating any information, methods or processes related to the Platform (including without limitation by way of data scraping, the use of collection or accumulation tools and robotic or scripted responses);
    4. Reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Platform’s source code, formulas or processes;
    5. Interfere with the security of the Platform, the Services or the secure and safe use of the Platform by any other user (including without limitation by way of distributing viruses, corrupted files or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Website or its users);
    6. Use the Platform or the Services for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us);
    7. Knowingly or recklessly use or take advantage of a process, technical or technological error, loophole or glitch on Platypus ’s Platform and Services;
    8. Use the Platform or the information contained in it for commercial purposes which are competitive to the Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;
    9. Use systematic, repetitive or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Platform or which may otherwise place an unreasonable load on the infrastructure of the Platform; Use systematic, repetitive or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Platform or which may otherwise place an unreasonable load on the infrastructure of the Platform;
    10. Publish, post, distribute, disseminate or send ‘spam material’ or engage in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive);
    11. Collect or store personal data about other users of the Platform; or
    12. Do anything else which may interfere with or negatively affect the operation of our Platform, Services or others users.
17. Any user of Platypus ’s Platform who violates or breaches our Terms of Use may have their membership and Platypus account suspended or terminated, as well as any pending transactions cancelled. You may also be held liable for any losses incurred by Platypus or any other user of the Platform or Services.
18. In the event of a breach of these Terms of Use by you, Platypus will return your funds to your linked bank/ADI account, unless we reasonably believe that you have committed any fraud, misconduct, any breach of clause 16, or any other illegal activity. Platypus may exercise any rights it has to recover any fiat currencies or Coins which are afforded to it under the Terms of Use or at law.
19. Platypus encourages users to report any problems or vulnerabilities with our Platform and Services by submitting a support request on our website or emailing us at Platypus Support. If you notify us in good faith, we will not restrict your use of our Platform or Services.

TRADING AND USING YOUR PLATYPUS ACCOUNT

20. Platypus will use its best endeavors to ensure that it meets its deposit and withdrawal timeframes. From time-to-time factors outside of Platypus ’s control may lead to delays. You acknowledge that Platypus is not responsible for any losses that occur due to delays in processing deposits or withdrawals.
21. For security purposes, the bank/ADI account linked to your Platypus account, or any other POLi, BPAY or payment account, must be held in your name in order to facilitate all deposits and withdrawals to/from your Platypus account. If your bank/ADI or payment accounts are not held in your name, we may limit and suspend your use of Platypus ’s Platform and Services until you supply the details of a bank/ADI or payment account in your name.
22. By using Platypus ’s Platform and Services, you acknowledge that Platypus is not responsible for any delays you may experience in sending and transferring Coins to and/or from Platypus ’s Platform to other platforms, websites, users or wallets. These delays may be due to issues beyond Platypus ’s control, including issues with third party websites and platforms, wallets, congestion of the blockchain and Platypus moving Coins into a secure storage vault or platform.
23. In addition to buying, selling, converting and trading Coins, you are only permitted to send your Coins to another user, platform, website or to your personal wallet. Due to the evolving nature of the technology, any technical issues regarding the blockchain and use of the network are beyond Platypus ’s control and Platypus reserves the right to cancel transactions you have initiated which are delayed beyond a reasonable time or lapse due to time delays. In such circumstances, you may need to execute the transaction again or at another time.
24. In the circumstance where you have received, acquired or accumulated any funds or assets due to an error, glitch, or loophole, Platypus may take reasonable action, including but not limited to restricting access or deducting the amount you have received, acquired or accumulated from the balance of the Coins or fiat currency held in your account. We will notify you if such an error, glitch or loophole has occurred or been discovered and if we decide to exercise our right to recover the misappropriated funds or assets from your account.
25. If you deposit fiat currency into your Platypus account but Platypus does not receive cleared funds from your bank or other ADI after having credited your account with that value of fiat currency, Platypus reserves its right to recover that fiat currency from that or any other fiat currencies held in your account without notice to you.
26. If any Coins are credited to your account on the Platform prior to Platypus having received cleared funds from your ADI, Platypus reserves its right to recover those Coins that have been credited to your account without notice to you. If those Coins cannot be recovered in full then Platypus reserves the right to recover the value of those Coins from any other fiat currencies or Coins held in your account, at Platypus ’s absolute discretion by giving you prior notice. Platypus may deduct or set off the debt owed to it from any Coins and fiat currencies held in your account on the Platform.
27. If your account is suspended in accordance with clause 81(m) of these Terms of Use and you do not respond to any of our attempts to contact you after the payment of the uncleared funds, Platypus will consider your account, and all Coins and fiat currencies within your account, to have been forfeited by you.
28. It is your responsibility to check your Platypus account and monitor the movement of your Coins including any pending, lapsed or cancelled transactions or purchases through your transaction history and to re-execute any transactions which fail.
29. All deposits and withdrawals made are subject to the limits displayed on our Platform and Services. This amount may change from time to time due to the blockchain as well as the user demand, market activity and the price of particular Coins. We may, in some instances, use our discretion to allow deposits and withdrawals which exceed the limit displayed.
30. All fiat currency deposits and withdrawals can only be made to and from a financial institution account held by the verified Platypus account holder. We may, in some instances, use our discretion to allow deposits from and withdrawals to a financial institution account that is not held by the verified Platypus account holder.
31. It is your responsibility to enter the correct BSB and account number for any AUD withdrawals or deposits made by you. Platypus does not, and will not check the details that you enter, including whether the BSB and account number entered belong to you. If you enter incorrect bank details, it will not be Platypus ’s responsibility to recover those funds from the unintended recipient. Platypus is not liable for any loss or liability incurred by you as a result of any fiat currencies being sent to an unintended bank account.
32. During periods of market volatility, high volume trades, fast movement and illiquidity in the market, the market rate in which you buy, sell or trade Coins may be different to the price indicated on our Platform and as such we will be unable to execute your order and will return the funds to your account. Platypus is not liable for any price variation due to market volatility, market or technology disruptions, delays or any other matters that are outside Platypus ’s control. Platypus may reasonably decide not to execute a trade if the market rate significantly increases or decreases or in the event of a market disruption or other event, which is outside its control. In such cases, Platypus may cancel your buy or sell order and return the funds into your Platypus account. Platypus will exercise reasonable care to notify you of these events and, when you receive a notification, you must check your account and any pending or cancelled transactions.
33. When you have made a buy, sell or swap order through our Platform, Platypus will carry out that order as a binding instruction from you. If you ask Platypus to cancel, amend or reverse the buy, sell or swap order, Platypus is not obliged to do so where it is unreasonable to do so or in circumstances where doing so would cause Platypus inconvenience or cost.

CONVERSION SERVICES AND FEES

34. A conversion fee applies to all transactions where Coins are purchased, sold or traded. By using the Platypus Platform, you accept and acknowledge that we may adjust our conversion fees at any time. Platypus will notify you of the conversion fees that apply to your transaction at the time of the transaction.
35. A conversion rate applies to all transactions where Coins are purchased, sold or traded. By using the Platform, you accept the conversation rate applicable from time to time. Platypus will notify you of the conversion rate that applies to your transaction at the time the transaction is made. For more information on the conversion rate, see Pricing FAQ.
36. We reserve the right to delay, suspend or cancel a trade or transaction if we believe the trade or transaction may be subject to law enforcement action, illegal activity or fraud, including but not limited to the activities outlined in clause 16.
37. We reserve the right to delay, suspend or cancel a trade or transaction if there are technical reasons that prevent us from completing the transaction, or if Platypus is unable to execute the transaction. This may be subject to reliance on a third-party supplier or provider, or due to technical difficulties.

ACCOUNT MANAGEMENT SERVICES

38. Platypus may choose to provide trade execution over the phone at its discretion for an additional fee which is subject to change.
39. Trade Instructions
    
    1. In addition to instructions received directly from you, you authorise us to rely and act upon, and treat as fully authorised and binding upon you, any instruction from the email address or phone number associated with your Account, which purports to have been given by you or on your behalf and which is accepted by us in good faith as having been given by you or on your behalf, without further enquiry on our part as to the genuineness, authority or identity of the person giving or purporting to give such instruction. You will be responsible for and bound by all contracts, obligations, costs and expenses entered into or incurred by us on your behalf in consequence of or in connection with such instructions.
    2. Any instructions and any other documents we require shall be transmitted in such manner as may be specified by us and shall be at your risk. We shall not be responsible or liable in any way for any direct or indirect losses, damages, costs or expenses suffered by you on account of any instruction not being received by us or not being acted upon. For the avoidance of doubt, you shall not assume that an instruction has been acted upon until you receive confirmation from us. Irrespective of the means of communication used by you for delivery of instructions, we shall not be responsible for and you hereby discharge us from any and all liability whether in contract, tort or otherwise for:
       
       1. any errors, ambiguity, inaccuracies, incomplete orders or instructions or any omissions in any instructions given by you;
       2. ny delays in transmission or any systems or service unavailability;
       3. any risks associated with unauthorised interventions, or improper or fraudulent use of such means of communication; and
       4. any other causes beyond our control.
    3. Neither we nor our directors, officers or employees shall be liable for any direct or indirect losses suffered on account of any instruction not being received by us or not being acted upon. For the avoidance of doubt, the transmission of a Trade instruction to us is not evidence of our receipt or that we have accepted such instruction.
    4. Without limitation we may at our absolute discretion refuse to accept or act in accordance with any instruction without being under any obligation to give any reason, including without limitation if you:
       
       1. do not follow the applicable procedure exactly;
       2. use a TOR/VPN service; or
       3. attempt to procure any other person to pay for your purchase.
    5. If we decline an instruction we will (to the extent permitted by applicable law) take reasonable steps to notify you promptly of declining such instruction and refund any payment, or return any Digital Currency, received by us (less any applicable losses incurred) in connection with the instruction, as soon as possible.
40. Trading
    
    1. To initiate a purchase of Digital Currency you must:
       
       1. deposit into the bank account we notify to you, or ensure we are already holding on your behalf, the purchase amount for the Digital Currency in fiat (Purchase Amount);
       2. send us an email that:
          
          1. includes your Customer ID Number (which may be assumed in our discretion if the email address is associated with your Account);
          2. states the Purchase Amount and the Digital Currency you would like to purchase (e.g. USD $1,000 / 0.3 Ether for Bitcoin); and
          3. attaches a valid funds transfer receipt for the Purchase Amount evidencing all required transaction and account details (unless such funds are already held by us for you).
             
             1. If we are able to confirm the necessary details to execute the trade we will deduct our Commission from the Purchase Amount, execute the purchase of the specified Digital Currency, send you a Trade order executed confirmation and invoice detailing your order and hold the purchased Digital Currency on your behalf in accordance with these Terms of Business.
       3. communicate over the phone with a Platypus Account Manager and:
          
          1. confirm your identity using your Customer ID Number or email address.
          2. confirm the Purchase Amount and the Digital Currency you would like to purchase (e.g. USD $1,000 / 0.3 Ether for Bitcoin); and
             
             1. If we are able to confirm the necessary details to execute the trade we will deduct our Commission from the Purchase Amount, execute the purchase of the specified Digital Currency, send you a Trade order executed confirmation and invoice detailing your order and hold the purchased Digital Currency on your behalf in accordance with these Terms of Business.
41. Swapping or disposing of Digital Currency
    
    1. To initiate a swap or disposal of Digital Currency you must:
       
       1. send us an email that:
          
          1. includes your Customer ID Number (which may be assumed in our discretion if the email address is associated with your Account);
          2. states the type of Digital Currency you would like to sell; and
          3. states the amount of Digital Currency you would like to sell (Disposal Amount) and the form of consideration (whether fiat or another Digital Currency) you would like to receive (e.g. 0.3 Ether for Bitcoin / $AUD); and
       2. if we are not holding the full Disposal Amount for you, we will email you the address of our digital wallet into which you must transfer the Disposal Amount prior to accepting a Trade instruction.
    2. When instructing us to dispose of a Digital Currency, you warrant that the Digital Currency you are providing is legally valid and complies with all applicable laws and regulations.
    3. If we are able to confirm the necessary details to execute the swap or disposalwe will deduct our Commission from the Purchase Amount, execute the purchase of the specified Digital Currency, send you a Trade order executed confirmation and invoice detailing your order and hold the purchased Digital Currency on your behalf in accordance with these Terms of Business.
       
       1. communicate over the phone with a Platypus Account Manager and:
          
          1. confirm your identity using your Customer ID Number or email address.
          2. states the type of Digital Currency you would like to sell; and
          3. states the amount of Digital Currency you would like to sell (Disposal Amount) and the form of consideration (whether fiat or another Digital Currency) you would like to receive (e.g. 0.3 Ether for Bitcoin / $AUD); and
       2. if we are not holding the full Disposal Amount for you, we will email you the address of our digital wallet into which you must transfer the Disposal Amount prior to accepting a Trade instruction.
    4. When instructing us to dispose of a Digital Currency, you warrant that the Digital Currency you are providing is legally valid and complies with all applicable laws and regulations.
    5. If we are able to confirm the necessary details to execute the swap or disposal we will deduct our Commission from the Purchase Amount, execute the purchase of the specified Digital Currency, send you a Trade order executed confirmation and invoice detailing your order and hold the purchased Digital Currency on your behalf in accordance with these Terms of Business.
42. Trade prices
    
    1. You acknowledge and agree that any Trade executed in accordance with clauses 40 and 41 will (unless otherwise stated by us) be subject to, and priced on the basis of, the spot market price for the Digital Currency at the time the Trade is executed by us. The applicable market price of a Trade will only be known after the Trade is executed and notified to you through the Trade order executed confirmation.
    2. We may (in our discretion) provide you with an indication of the spot market price for Digital Currencies from time to time, however such indication in no way binds us to providing that price to you in respect of a Trade at any time.
43. Minimum trade amount
    
    1. Without limiting the above, we may (in our discretion) only accept instructions to purchase or dispose of Digital Currency with a minimum trade value. This Minimum trade value will vary across digital assets and may change at our discretion.
44. Maximum trade amount
    
    1. Without limiting the above, we may (in our discretion) only accept instructions to purchase or dispose of Digital Currency with a Maximum trade value. This Maximum trade value will vary across digital assets and may change at our discretion.
45. Cancellation
    
    1. We reserve the right to cancel, reverse or refuse to process any Trade at any time if:
       
       1. you failed to clear any AML/CTF checks or if we have reason to suspect that the transaction involves any criminal activity including but not limited to money laundering, terrorist financing or any other prohibited or illegal use;
       2. we are unable to proceed with the transaction due to a court order, legal obligation or order by the Government of Australia;
       3. we believe (in our discretion) the transaction would cause any risk to our business or the business of our service providers;
       4. we believe (in our discretion) that the transaction cannot occur, including due to a lack of an applicable market, liquidity, pricing or as a result of impacts on the exchange; or
       5. any other reason we determine in our reasonable discretion, including but not limited suspecting an error in the transaction.
    2. For the avoidance of doubt, should the Trade be cancelled, reversed or refused by us in accordance with this clause, we are not obliged to offer you the same price or terms in a new transaction.
46. Nominee Service
    
    1. We will:
       
       1. hold any fiat or Digital Currency provided to us by you, or received in connection with completing a Trade on your behalf, under these Terms of Use(Assets) on trust for you in accordance with the Terms;
       2. only deal with the Assets as directed by you, permitted under the Terms or otherwise required by applicable law. However, you may only direct us to return such Assets to a bank in your name or digital wallet you are the legal and beneficial owner of (as applicable Your Account) or, in the case of Digital Currency, dispose of them in accordance with the Terms. If you receive any Assets in error that do not belong to you or for which you do not otherwise have an ownership entitlement, you must immediately return the Assets in accordance with instructions we provide to you;
       3. maintain adequate records identifying any property forming part of the Assets as property held by us on your behalf;
       4. clearly record in our books that any property forming part of the Assets is held on trust for you and not for our own interest; and
          
          1. your Customer ID Number and email address; and
          2. the amount of fiat or Digital Currency you would like transferred to Your Account. For the avoidance of doubt, if you do not specify the relevant amount we are entitled to assume this is the entire amount we hold for you at that time; and
          3. in the case of a transfer (in addition to any other information we require):
             
             1. domestic fiat transfers, your BSB, bank account number and account name;
             2. Digital Currency, the public key address of your wallet, for Your Account into which you want the relevant Assets transferred. Note that we do not request, and you should not provide any person (including us) with the private key, password or secret combination for your digital wallet.
    2. We are not liable to you or any other person for any loss, cost damage, expense, fees, charges or liability suffered or incurred as a result of:
       
       1. you disclosing your private key or your private key becoming known to another person. If this is the case, you must nominate a new digital wallet into which you will receive Digital Currency transfers;
       2. any delayed transfers due to congestion on any blockchain or cryptocurrency network;
       3. any failure or error experienced on any applicable blockchain or cryptocurrency network;
       4. us transferring Digital Currency to the wrong digital wallet as a result of you providing us with the wrong account address details; or
       5. you entering incorrect details in any of your instructions to us.
    3. By providing us with the digital wallet address to which the Assets are to be transferred, you represent and warrant to us that such digital wallet address is correct, owned by you, is under your control, and no other person has access thereto.
    4. Within 5 Business Days of receipt of an instruction under clause 10(b) we will transfer the relevant Assets to Your Account as specified in such notice.
    5. We reserve the right to suspend any transfer of Assets at any time if:
       
       1. you failed to clear any AML/CTF checks or if we have reason to suspect that the transaction is contrary to our AML/CTF policies and procedures or involves any criminal activity, including but not limited to money laundering, terrorist financing or any other prohibited or illegal use;
       2. we have reason to suspect that the account or digital wallet to which the Assets are to be transferred is not legally or beneficially owned and controlled by you;
       3. we determine (in our sole reasonable discretion) that the transfer of any fiat or Digital Currency to you would be unlawful;
       4. we are unable to proceed with the transfer due to a court order, legal obligation or order by the Government of Australia; or
       5. any other reason we determine in our reasonable discretion, including but not limited suspecting an error in the transaction, and you shall have no claims whatsoever regarding such suspension, and agree to assist us with every request for information in this regard.
    6. You acknowledge that the Digital Currency we transfer to you may not be the same Digital Currency you have originally sent to us, and you shall have no claims in this regard whatsoever.
47. Fees, charges and taxes
    
    1. We charge you a fee (Commission) which is a percentage of the denominated value (e.g. AUD, USD, ETH, BTC) of your Purchase Amount or Disposal Amount (as applicable).
    2. The rate of Commission for each Trade will be agreed by us and you at the beginning of the partnership and will remain at this rate for the life of the partnership.
    3. If you have accessed our Services and opened an Account through a Referral Partner, the Referral Partner may receive a percentage of the Commission paid to us for each Trade made on your Account.
    4. You shall be responsible for payment of all taxes and duties arising out of or in relation to any transactions or in connection with any Service provided under the Terms and where under applicable law such taxes and duties are due to be paid or collected by us then you shall on demand pay us an amount equal to such taxes or duties and indemnify us for the same.
    5. You shall be solely responsible for all filings, tax returns and reports which must be made by you to any relevant authority, whether governmental or otherwise, and for the payment of all taxes (including without limitation any transfer, withholding or value added taxes), levies or duties due in relation to any transactions or in connection with any Service provided under the Terms. Accordingly, you shall at all times remain directly accountable to and liable to the relevant tax authorities for any relevant tax liabilities arising out of any transactions under the Terms or any Services provided by us to you.
    6. All fees, expenses and other amounts payable under the provisions of these Terms are exclusive of any applicable goods and services or other value added, sales, turnover, consumption or similar tax and will be subject to such taxes in addition.
48. Outbound Communication:
    
    1. Premium Clients of Platypus Terminal get access to a team of Account Managers that can assist with a variety of requests including administration services and trade execution. This phone support extends to Platypus Account Managers making outbound calls to customers with the intention of relaying important news regarding markets events and particular crypto assets which may include assets that you hold. This information is purely factual in nature and should not be taken as any form of advice.
    2. All Customers agree that this service is simply a bridge for factual information.
    3. Following the delivery of factual information to customers, customers can direct Account Managers to place trades on their behalf.
    4. If Customers decide to place trades following the delivery of factual information by Platypus Account Managers Platypus will not be liable to any person or entity for any direct, indirect, consequential or other loss, damage, liability, claim or expense which may arise from the execution of this trade.

TERMINATION

38. 38. 49. Platypus may suspend, limit, restrict, deactivate or terminate your access to Platypus ’s Platform and Services, including your Platypus account, if:
            
            1. You gain or attempt to gain unauthorised access to the Platform or another Platypus member’s account;
            2. You allow or facilitate a third-party to gain unauthorised access to the Platform or to your Platypus account;
            3. There is a technical or operational difficulty;
            4. You use, or we reasonably suspect you of using, Platypus ’s Platform or Services in order to perform illegal or criminal activities, fraud, money laundering, terrorist financing or financial crime including any breach of the laws regarding sanctions and bribery;
            5. Your use of the Platypus Services is subject to any pending investigation, litigation or government proceeding;
            6. You fail to pay or fraudulently pay for any transactions;
            7. We are unable to support your use;
            8. We have concerns about the security of your Platypus account or that a transaction is suspicious, fraudulent, erroneous or illegal;
            9. You take any action that may circumvent these Terms of Use or our control by abusing any promotions, rewards or referral programs that we may offer at any given time;
            10. You breach any terms of this Terms of Use Agreement or Platypus ’s Privacy Policy;
            11. You falsify information in relation to your Platypus account or you mislead us (including by omitting information we reasonably require) in relation to opening or administering your Platypus account; and
            12. Platypus receive a request from a law enforcement or government agency to do so; or
            13. You deposit fiat currency into your Platypus account and Platypus credits your account with the same value of fiat currency as the deposit, but Platypus does not receive cleared funds from your bank or other ADI after having credited your account with that fiat currency.
        50. You may cancel your Platypus account at any time, following the settlement of any pending transactions or trades, and provided you comply with any account closure requirements. You will not be charged any fees for cancelling your Platypus account, however you must pay any outstanding amounts owed to us.
        51. In the event that your Platypus account is suspended, limited, restricted, deactivated or terminated, we are in no way obliged to honour or reinstate a transaction or price on the same terms had the suspension, limitation, restriction, deactivation or termination not occurred. We are under no obligation to return fiat currencies or Coins to you if your Platypus account is suspended or deactivated due to a breach of these Terms of Use.

INDEMNITY

52. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Platypus (and each of its associated entities, directors, officers, affiliates, employees, service providers, members, representatives and agents, collectively the “Indemnified Parties”) from and against all claims, demands, actions, suits, proceedings, liabilities, losses, damages, penalties, fines, expenses and costs (including reasonable legal costs awarded by a court) which arise out of or relate to:
    
    1. your conduct and use of our Platform and Services;
    2. your breach of these Terms of Use, Platypus ’s Privacy Policy and/or AML-CTF Policy;
    3. your breach of any law, regulation or rule;
    4. your violation or breach of Platypus ’s copyright, intellectual property, trade secrets, patents, trademarks, service marks or any other proprietary right under law;
    5. your failure to secure or keep secret your Platypus account password or private key;
    6. any information that you provide to us via our Platform and Services;
    7. any damage that you may cause to our Platform and Services, to any Platypus user or any other person or entity; or
    8. any right exercised by Platypus under these Terms of Use.
53. This indemnity includes without limitation, liability relating to intellectual property rights, defamation and breaches of privacy.

LIABILITY

54. To the maximum extent permitted by law, Platypus does not guarantee the quality, performance or fitness for purpose of the Platform and Services or the completeness, accuracy or currency of statements, representations and information of others (including without limitation data, reports and analyses) provided via the Platform and Services and Platypus will not be liable to any person or entity for any direct, indirect, consequential or other loss, damage, liability, claim or expense (however caused, including due to negligence or breach of contract) which may arise out of, or in connection with, the use of the Platform and Services or the use of or reliance on information contained on or linked to the Platform and Services.
55. To the maximum extent permitted by law, the total aggregate financial liability of the Indemnified Parties to you, whether in contract, tort or statutory liability or otherwise, is limited to supplying the Platform and Services again or payment of the cost of having the Platform and Services supplied again.
56. We do not provide any warranty in relation to your use of Platypus ’s Platform and Services and we do not provide any warranty that the information displayed on our Platform and in relation to the Services is up-to-date, accurate or complete.
57. Platypus ’s Platform and Services does not provide information to evaluate whether or not you should invest, use and trade in Coins. We give no warranties, guarantees or accept any liability (except that which cannot be excluded by law) in relation to the statements, representations and information of others (including without limitation data, reports and analyses) displayed on our Platform and in relation to the Services.
58. You should independently satisfy yourself as to the information provided through Platypus ’s Platform and Services. You agree to use Platypus ’s Platform and Services at your sole risk and at an “as is” basis.

USE OF OUR PLATFORM AND SERVICES

Security

59. The transmission of information over the Internet (including to or from our Platform and Services) is not completely secure or error free. In particular, emails to or from us and information submitted to or accessed via this Platform may not be secure and you should use discretion in deciding what information you send to us via these means.
60. Emails to and from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.
61. You acknowledge that you use the Platform and Services (and obtain and transmit data to it) entirely at your own risk, that it is provided on an ‘as is’ basis and that we do not make any representations or warranties as to the security, availability of our Platform and Services or that your access or use will be uninterrupted, timely or secure.
62. Platypus securely stores Coin private keys and other information in order to maintain the security and integrity of the system. We are committed to protecting users’ Coins and other information we collect from you and hold in highly secure data centres operated by a third party. We ensure that your information is safe by managing access controls, such as identity, access management, permissions and security credentials. Access to personal information is only granted to an employee of Platypus to carry out duties required to support our customers. Strong, multi-factor authentication is used and access is revoked when no longer required.
63. Platypus may use two-factor authentication process in order to verify your identity, maintain security and prevent any fraud.
64. As part of Platypus ’s commitment to protecting your Coins and in the interest of your security, all significant financial and trading transactions made by you from the Platypus Platform to another third-party website, platform or user, as well as all AUD withdrawals from the Platform to your personal bank account, may be required to be performed using Platypus ’s two-factor authentication. Platypus users may be required to implement and use two-factor authentication for all withdrawals and transactions to buy, sell and trade Coins. It is your responsibility to implement such measures, programs and applications onto your computer, phone or any other device, such as Google Authenticator, and how to use these security measures in order to complete the transaction. For more information about how to secure and protect your Coins, see Security Recommendations.
65. As part of operating our Platform and Services, Platypus may hold your funds, assets or Coins on different exchange platforms.
66. By using our Platform and Services, you agree to provide us with current, accurate and complete information, including any personal information, and agree to keep such information up to date.
67. Platypus may provide your personal information or any other information such as your IP address or when your account was last accessed if requested by a law enforcement agency or government agency.
68. By creating a Platypus account, you authorise Platypus to make enquiries to verify your identity either directly or through third parties, in order to protect our Platform, Services and other users against fraud. In order to verify your account, you will provide us with personal information which will be verified against databases in your country, as such it is imperative that you provide us with accurate and up-to-date information. The verification of your identity and on-boarding of your account may take up to 10 business days to complete. You represent and warrant that the information you provide to us through our Platform is correct and up-to-date.
69. We cannot guarantee the identity of any other user, receiver or other party you engage with.
70. You agree that you will not use any other Platypus account other than your own account, or access the account of another member or assist others in obtaining unauthorised access. If you use or obtain access to a Platypus account, other than your own, this will result in immediate suspension and possible termination of your account and the other member’s Platypus account. Any pending transactions or trades will also be suspended.
71. You are accountable for maintaining and preserving the confidentiality of your account information, the personal information you provide to Platypus, the strength level of your password, protecting your Coins by using a digital wallet and any other activities you undertake when using our Platform and Services. In the interests of your security, Platypus does not hold large numbers of Coins within the Platform as this is a security risk and may increase your exposure to hacking and misappropriation of your Coins.
72. You must notify Platypus immediately of any unauthorised access or use of your account, password or any other applicable breach of our Platform and Services by submitting a support request on our website.

Linking and Framing

73. This Platform may contain links to other websites (Third Party Website) and may display content or information from other websites within frames on this Website (Third Party Content). When you click on those links or access Third Party Websites through the Platform, we may earn a payment as a result of that advertising or that referral.
74. We are not responsible or liable for the Third-Party Website, any Third-Party Content nor for any infringement of third-party intellectual property rights as a result of hosting links to Third Party Websites and Third-Party Content on the Platform.
75. We are not responsible or liable for the handling, use or disclosure of any personal information collected by a third party (including information collected through a Third-Party Website) and we are released from any liability resulting from the third party’s failure to handle, use and disclose your personal information in accordance with the Privacy Act 1988 (Cth).
76. We do not warrant the accuracy, currency or suitability for any purpose of the Third-Party Websites or Third-Party Content nor do we endorse the offers, products or services which they promote.
77. All statements, representations, offers, products or services provided through Third Party Websites and Third Party Content are the sole responsibility of the operator of the Third-Party Website or the author of the Third-Party Content and in so far as such links to Third Party Websites or Third-Party Content are hosted on the Platform they are done so at the request of the operator or author for the purposes of promoting their offers, products and services. Except where expressly stated otherwise, we do not act as agent, representative, partner or in any other capacity on behalf of such operator or author.

Cookies

78. We may use cookies to identify your computer on our server and so we can track your use on our Platform. In some instances cookies may collect and store personal information about you. Such personal information will only be used by us in accordance with our Privacy Policy.

Intellectual Property

79. All information, graphics, data, prices, charts, video, audio and any other material (Platform Material) displayed on or available on the Platform, and all the underlying source code and software, is owned or used under license by us, except where expressly stated in these Terms of Use or elsewhere on the Platform.
80. This Platform, all Platform Material and any intellectual property which vests in either of them is protected by copyright. You may download and print content from this Platform for your own personal or internal business purposes only. You must not publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of information on this Platform without our prior written consent or otherwise do anything which would infringe our intellectual property rights in the Platform or the Platform Material.
81. All trademarks, registered trademarks, product names, logos and company names mentioned on this Platform are either owned by us or are displayed under licence or with permission from the owner. Those third-party marks, logos and names remain the property of their respective owners.
82. Reference on the Platform to any companies, products, services, branding, offers or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us or the respective trademark owner.

Privacy

83. Any personal information we collect about you via this Platform will only be used and disclosed by us in accordance with our Privacy Policy which can be found at https://platypusterminal.com/privacy-policy/.

DISCLAIMER

Not Professional/Investment Advice

84. The information contained on this Website and the resources available for download through this website is not intended as, and shall not be understood or construed as, professional/investment advice. All content on this site is for informational purposes only and that of general nature. It does not address the personal circumstances, needs or objectives of any particular individual or entity. While the employees and/or owners of the Company are professionals and the information provided on this Website relates to issues within the Company’s area of professionalism, the information contained on this Website is not a substitute for advice from a professional who is aware of the facts and circumstances of your individual situation.
85. We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a professional to address your particular information. The Company expressly recommends that you seek advice from a professional.
86. Neither the Company nor any of its employees or owners shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
87. Clauses 83-85 regarding Professional/Investment Advice included all information presented by Platypus and all related services including direct correspondence via email and telephone.

No Professional-Client Relationship

88. Your use of this Website – including implementation of any suggestions set out in this Website and/or use of any resources available on this Website – does not create a professional-client relationship between you and the Company or any of its professionals.
89. The Company cannot accept you as a client unless and until we determine that there is a fit and until various requirements, such as fee arrangements, are resolved. Thus, you recognize and agree that we have not created any professional-client relationship by the use of this Website.

Risks related to investing or the use of Cryptocurrencies

90. Company will not accept any liability for loss or damage as a result of reliance on the information provided by Platypus including written content, links to third party sites, data, quotes, charts and buy/sell signals. Please be fully informed regarding the risks and costs associated with trading assets (digital or otherwise). The potential exists to lose 100% of your investment. Platypus will not be responsible for any losses, damages or claims arising from events falling within the scope of the following five categories:
    
    1. Mistakes made by the user of any Crypto-related software or service, e.g., forgotten passwords, payments sent to wrong addresses, and accidental deletion of wallets.
    2. Software problems of the Website and/or any Crypto-related software or service, e.g., corrupted wallet file, incorrectly constructed transactions, unsafe cryptographic libraries, malware affecting the Website and/or any Crypto-related software or service.
    3. Technical failures in the hardware of the user of any Crypto-related software or service, e.g., data loss due to a faulty or damaged storage device.
    4. Security problems experienced by the user of any Crypto-related software or service, e.g., unauthorized access to users’ wallets and/or accounts.
    5. Actions or inactions of third parties and/or events experienced by third parties, e.g., bankruptcy of service providers, information security attacks on service providers, and fraud conducted by third parties.

Translations

91. The Website may contain translations of the English version of the content available on the Website. These translations are provided only as a convenience. In the event of any conflict between the English language version and the translated version, the English language version shall take precedence.

User’s Personal Responsibility

92. By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website.

Tax Obligations

93. The users of the Website are solely responsible to determinate what, if any, taxes apply to their Crypto transactions. The owners of, or contributors to, the Website are NOT responsible for determining the taxes that apply to Crypto transactions.

The Website does not store, send, or receive Cryptocurrency

94. The Website does not store, send or receive Cryptocurrency. Any transfer of title in Cryptocurrency occurs within a decentralized network, and not on the Website.

No Guarantees

95. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this website succeed in business and life, and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
96. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

Errors And Omissions

97. This Website is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained in this Website is accurate, but we cannot represent that this Website is free of errors. You accept that the information contained on this Website may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in this website.

Earnings Disclaimer

98. From time to time, the Company may report on the success of one of its existing or prior clients. The information about this success is accurately portrayed by the client. You acknowledge that the prior success of others does not guarantee your success.
99. As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will make any income at all and you accept the risk that the earnings and income statements differ by individual. Each individual’s success depends on his or her background, dedication, desire and motivation.
100. The use of our information, products and services should be based on your own due diligence and you agree that the Company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on this Website.

No Warranties

101. The Company makes no warranties regarding the performance or operation of this website. The company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website. To the fullest extent permissible under the law, the company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

102. You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.
103. The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The company and/or its suppliers may make improvements and/or changes in the website at any time.
104. The company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
105. To the maximum extent permitted by applicable law, in no event shall the company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if the company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.

General

106. Platypus will communicate with customers by email and telephone. If you are not sure if the email or telephone call you received is secure and from a trusted source, please email us at Platypus Support and we will be able to assist you.
107. By using Platypus ’s Platform and Services, you accept that it is your responsibility to determine whether and to what extent, any taxes apply to any transactions or trades you conduct through our Services. It is also your responsibility to seek professional tax advice with respect to personal, business and self-managed superfund Platypus accounts as well as to ensure that you are compliant and that the platform and features satisfy your requirements. Platypus does not provide any advice or take any responsibility for information that you receive through our Platform and Services.
108. The Terms of Use published on the date you view them on the Platform supersede all prior versions.
109. If any provision of the Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining parts of the Terms of Use will be in full force and effect.
110. If we are unable to perform our Services as stipulated in the Terms of Use due to circumstances out of our control, including but not limited to, change of law, regulations or policy, or an event of Force Majeure, we will not be held liable.
111. These Terms of Use are governed by the laws of the State of New South Wales and in the event that we have a legal dispute relating to this Platform or these Website Terms and Conditions, the Courts of New South Wales will have non-exclusive jurisdiction.