Terms of Service
1. Acceptance of Terms of Service
1.1 Our website, app, platform and any service offered under the name “CoinByte”, is owned and operated by Ausun Overseas Pty Ltd (ACN 637 345 290) (“Company”) and its related entities or bodies corporate (“CoinByte”, “we”, “us” or “our”). Ausun Overseas Pty Ltd is also a registered digital currency exchange provider (Registration No. DCE100749118-001) and a remittance service provider (Registration No. IND100749118-001) with AUSTRAC.
1.2 Your use of this Platform is subject to these terms (“Terms of Service”), unless otherwise specified. The Terms of Service constitute a binding legal agreement between you and us, and your use of the Platform constitutes your acceptance and acknowledgment of the Terms of Service, our Privacy Notice, and any other policy displayed on the Platform. If you do not agree to the Terms of Service or our policies, you must stop using the Platform.
1.3 We may amend or modify the Platform, the Terms of Service, or Privacy Notice at our sole discretion and at any time. We will notify you of any changes via email, using the most recent email address you have provided to us. Your continued use of the Platform indicates your continued acceptance of the Terms of Service as modified. If you do not agree with the amended terms, you may cease using the Platform.
1.4 Access to and use of the Platform is subject to： a. you being at least 18 years old and having the legal capacity to enter into a binding contract, and by using the Platform, you warrant that this is the case; b. you being a resident of Australia or New Zealand (if this changes, you agree to notify us immediately); c. if representing an entity, you disclosing all information to us as requested by us, whether directly or on the Platform.
2. Use of the Website and Services
2.1. Risk Warning 2.1.1 We do not provide recommendations regarding the trading of digital currencies (also referred to as "cryptocurrencies," "cryptoassets," "digital assets," or "virtual assets"). Any recommendations, signals, or other market-related information distributed via the Platform are purely factual and general in nature, provided for informational purposes only, and/or reflect the views of customers or third-party information providers. Such information may not align with our views or those of our affiliates or employees. The distribution of this information does not constitute our opinion or endorsement. Before deciding to buy, sell, or hold any cryptocurrencies, you should conduct your due diligence and seek advice from a financial advisor. It is your responsibility to assess whether any investment, investment strategy, or related transaction is suitable for you based on your individual investment goals, financial situation, and risk tolerance.
2.1.2 Trading or holding digital currencies, tokens, coins, or other similar digital assets (collectively referred to as "Coins") carries significant risks, and the potential for substantial financial loss exists. Any losses or liabilities you incur are not insurable. Before engaging in the trading or holding of Coins, you should carefully evaluate whether it is appropriate for you based on your financial situation, available resources, and risk tolerance.
2.1.3 Coins like Bitcoin and Ethereum differ from traditional fiat currencies, commodities, or goods in the market and are subject to extraordinary risks. Unlike fiat currencies, Coins are decentralized and are not backed by any government, central bank, or legal entity. At present, Coins are largely unregulated. Therefore, their value can fluctuate significantly based on market conditions, investor confidence, competing currencies, regulatory changes, technical issues, or other factors.
2.1.4 Due to the inherent risks involved in trading Coins, as well as the influence of technology and the global market, CoinByte does not guarantee the availability of specific Coins on its platform and services. CoinByte reserves the right to discontinue trading for certain Coins at its discretion. In such cases, we will make reasonable efforts to inform you if we stop supporting the trading of a particular Coin. If this occurs, you will no longer be able to convert your Coins into AUD or other currencies. However, you will have the option to transfer your Coins to another user, platform, or third-party service. Please note that CoinByte will not be liable for any costs you incur when transferring Coins to another user, platform, or third-party site.
2.1.5 Once Coins are transferred from the CoinByte platform to another site, wallet, platform, or user, CoinByte will not be responsible or liable for them. Similarly, CoinByte is not liable for any Coins sent into the platform that are not listed for trading or for Coins sent to incorrect or incompatible wallet addresses. Incompatible wallet addresses include, but are not limited to, those that do not support the specific Coin or the blockchain network being used for the transfer.
2.1.6 As CoinByte does not identify the counterparty in any of your transactions, it is strongly recommended that you do not send Coins to anyone you do not personally know or trust completely. Once a transaction is completed, it cannot be reversed. It is crucial to take appropriate precautions when transferring and storing your Coins, whether on our platform or through other wallets or platforms. CoinByte will not be held responsible for any theft or misappropriation of your Coins. We strongly advise you to familiarize yourself with secure personal wallet services or other devices for storing your Coins and to implement other security measures. Always exercise extreme caution when managing your passwords and digital assets. For more information on securing your Coins, refer to our Security Recommendations.
2.1.7 Given the high-risk nature of Coin trading, you acknowledge that by opening an account with CoinByte, you are solely responsible for implementing additional security measures to protect your Coins. CoinByte recommends using minimum-security practices, such as two-factor authentication (2FA) to secure your account. Other measures include using strong, unique passwords and email addresses not shared across other sites or platforms, as well as storing your Coins in a personal wallet outside of the CoinByte platform, or disabling withdrawals to prevent unauthorized transfers. These precautions can significantly enhance the security of your Coins.
2.2. Important Notices
2.2.1 You understand that it is your responsibility to conduct your own investigations and inquiries to verify the legal status of your use of the Service, Fiat Assets, Crypto Assets, the NZ Fiat Clearing Facility, and any other goods, services, or products related to this Platform. You agree and acknowledge that you use the Service, Fiat Assets, Crypto Assets, the Fiat Clearing Facility, and any other goods, services, or products associated with this Platform entirely at your own risk.
2.2.2 You agree that, before acting upon or relying on any materials hosted or made available through the Platform, you have carried out your own research and inquiries. Additionally, you have sought, if you deem it necessary, independent legal, accounting, tax, financial, business, technical, or other professional advice from a suitably qualified professional advisor.
2.2.3 We are registered with AUSTRAC (the Australian Transaction Reports and Analysis Centre) as a digital currency exchange provider under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) in Australia. Under these Terms of Service, and in the context of Crypto Asset spot trading, CoinByte does not offer regulated financial products or services under the Corporations Act 2001 (Cth). As such, we do not hold or operate under an Australian financial services licence.
2.2.4 You are fully responsible for: a. Maintaining the security of any Crypto Assets not stored in a CoinByte wallet; b. Ensuring the security and integrity of any wallets or keys that are not associated with a CoinByte wallet; c. Safeguarding the security and integrity of your computers, devices, software, and digital interfaces.
2.2.5 It is your responsibility to ensure that the wallet address of the person you are transacting with, who is not us, is accurate and up to date. You understand, acknowledge, and agree that we are not responsible for controlling or affecting the performance, return, or recovery of any Crypto Asset sent as part of a Transaction or Ancillary Transaction (except in cases where the Transaction or Ancillary Transaction is exclusively between you and us).
3. Your conduct and Registration
3.1 By using CoinByte’s Platform and Services, you affirm that you are a legitimate user for the purpose of trading and holding cryptocurrency.
3.2 You agree not to: a. Engage in any illegal or prohibited activities, including but not limited to:
- Terrorist financing;
- Money laundering;
- Engaging in illegal gambling;
- Distributing or funding drugs and related paraphernalia;
- Malicious hacking; b. Providing us with false, inaccurate, or incomplete information through the Platform, either knowingly or recklessly; c. Utilize the Platform to obtain, process, distribute, view, assess, analyze, copy, or replicate any information, methods, or processes related to the Platform, including by using data scraping tools, collection tools, or robotic/scripting responses; d. Attempt to reverse-engineer, disassemble, or replicate the Platform’s source code, formulas, or processes; e. Compromise the security of the Platform, its Services, or any other user's secure access to the Platform, including but not limited to distributing viruses, corrupted files, or similar software or programs that could damage computer hardware/software, or target the Website or its users; f. Use the Platform or Services for any unlawful or prohibited activities or in ways that infringe the intellectual property rights or other rights of any person (including CoinByte); g. Intentionally or recklessly exploit a technical or technological error, loophole, or glitch within the Platform or Services; h. Use the Platform or any data from it for commercial purposes that compete with CoinByte’s business or are detrimental to our interests; i. Employ systematic, repetitive methods designed to generate large amounts of data or information from the Platform, potentially placing an unreasonable load on the Platform’s infrastructure; j. Publish, distribute, or send spam material, or engage in communications that are false, offensive, unlawful, defamatory, inappropriate, or misleading, which could reasonably be considered spam; k. Collect or store personal data about other users of the Platform without consent; Engage in any activity that interferes with or negatively impacts the operation of the Platform, Services, or other users.
3.3 Any user found in violation of these Terms of Service may have their membership or CoinByte account suspended or terminated, and any pending transactions may be canceled. You may also be liable for any losses suffered by CoinByte or other users of the Platform or Services.
3.4 In cases of breach, CoinByte may return your funds to your linked bank or Authorised Deposit-Taking Institution (“ADI”) account, unless we reasonably suspect that you have committed fraud, misconduct or any other illegal activity. CoinByte reserves the right to recover any fiat currency or cryptocurrency in accordance with the Terms of Service or applicable law.
3.5 CoinByte encourages users to report any issues or vulnerabilities with our Platform and Services by submitting a support request on our website or emailing [email protected].
3.6 To access parts of our website or use some of our Service, you must be a registered user. You can register as a user by providing your name, email address, mobile phone number and certain identity information. You are also required to create a password and username, and confirm your acceptance of these Terms of Service.
3.7 To comply with our anti-money laundering obligations, we may use third party service providers to electronically verify your identity. This may result in a soft footprint being left on your credit report, which is conducted solely for the purpose of verifying your identity and is not a credit check. These searches do not have an impact on your credit file and will not be seen by any company performing their own credit check.
3.8 We may, in our sole discretion, decline to open a CoinByte account for you based on various factors, including but not limited to our risk assessment procedures, compliance with applicable laws and regulations, and our internal policies.
3.9 You represent and warrant to us in opening an account with us that you are not acting on behalf of, or for the benefit of, anyone else, unless you are opening the account for and under the direction of the company that employs you or has duly authorised you as their legal representative to open an account with CoinByte in their name and on their behalf.
3.10 If you are opening a CoinByte account for a company, partnership or trust, you further represent and warrant that: a. your company, partnership or trust has and will be operated in a way that is compliant with all relevant legislation, regulations, codes of conduct or regulatory guidance or directions; b. you will notify us immediately if there is any change, by way of resignation, removal, appointment or death, of any of the directors, partners, trustees, settlor(s) or ultimate beneficial owners or any person authorised to operate your account with us; and c. you will inform us immediately if the company, partnership, or trust is dissolved either on a voluntary or involuntary basis.
3.11 If you have applied for another account in the past with any of the same information, we reserve the right to not approve the new account and you may be required to access and use your previously approved account. If you were previously denied an account, or had an account closed by us, you may not be able to reapply for an account.
4. Using the Platform
4.1 When you issue commands via the Platform (“Instructions”), you appoint us as your agent to provide the Service and enter into Transactions and Ancillary Transactions (on the basis of the Instructions) on your behalf. You irrevocably authorise us to do anything necessary on your behalf to give effect to your Instructions or a related Transaction or Ancillary Transaction, including applying or deducting any Assets from your account.
4.2 You acknowledge and agree that you are exclusively responsible for any Instruction provided to us electronically that is identified with your password and username and for any electronic written instruction provided to us from persons we reasonably believe are authorised by you. Verification of any instruction (via the Platform or otherwise) is at our sole discretion and evidence may be requested to confirm your identity. If you fail the verification process, we may terminate your account by sending you an Account Closure Notice.
4.3 We may refuse any Instructions, or to perform any Transaction or Ancillary Transaction, in our sole and absolute discretion. We will not be liable for any failure to identify a User or enter into a Transaction or Ancillary Transaction.
4.4 Your account is intended for use solely by you and/or any advisor you nominate, and who is approved by us in accordance with our policies and procedures.
4.5 CoinByte will make reasonable efforts to adhere to its deposit and withdrawal timeframes. However, factors beyond CoinByte’s control may sometimes cause delays. You acknowledge that CoinByte is not responsible for any losses resulting from delays in processing deposits or withdrawals.
4.6 For security reasons, the bank or ADI account linked to your CoinByte account, or any other payment account, must be in your name to facilitate all deposits and withdrawals. If your bank/ADI or payment accounts are not in your name, CoinByte may restrict or suspend your access to its Platform and Services until you provide the details of a bank/ADI or payment account in your name.
4.7 By using CoinByte’s Platform and Services, you understand that CoinByte is not liable for any delays you may encounter when sending or transferring Coins to and/or from CoinByte’s Platform to other platforms, websites, users, or wallets. Such delays may be caused by issues beyond CoinByte's control, such as problems with third-party platforms or wallets, blockchain congestion, or CoinByte's movement of Coins into secure storage.
4.8 In addition to buying, selling, converting, and trading Coins, you are only authorized to send your Coins to others platforms, websites, or to your personal wallet. Due to the evolving nature of blockchain technology, any technical problems related to the blockchain or network usage are outside CoinByte’s control. CoinByte reserves the right to cancel transactions you initiate that are delayed for an unreasonable period or fail due to time-related issues. In such cases, you may need to reattempt the transaction at a later time.
4.9 If you receive, acquire, or accumulate any funds or assets due to an error, glitch, or loophole, CoinByte may take reasonable actions, including but not limited to restricting access or deducting the incorrect amount from your balance of Coins or fiat currency. We will notify you if an error, glitch, or loophole is identified and if we decide to recover the misappropriated funds or assets from your account.
4.10 If you deposit fiat currency into your CoinByte account but CoinByte does not receive cleared funds from your bank or other ADI after crediting your account with the equivalent amount of fiat currency, CoinByte reserves the right to recover that fiat currency from your account or from any other fiat currency held in your account, without notice to you.
4.11 If Coins are credited to your account before CoinByte has received cleared funds from your ADI, CoinByte has the right to recover those Coins without prior notice. If recovery is not possible in full, CoinByte may recover the value of those Coins from any other fiat currencies or Coins in your account, at CoinByte’s sole discretion, and will notify you beforehand.
4.12 If your account is suspended according to these Terms of Service and you do not respond to our attempts to contact you after payment of uncleared funds, CoinByte may consider your account, along with all Coins and fiat currencies within it, as forfeited by you.
4.13 It is your responsibility to regularly check your CoinByte account and monitor the movement of your Coins, including any pending, lapsed, or canceled transactions or purchases, by reviewing your transaction history. You should also re-execute any failed transactions.
4.14 Deposits and withdrawals are subject to the limits displayed on our Platform and Services. These limits may change over time due to blockchain activity, user demand, market conditions, and the price of specific Coins. CoinByte may, at its discretion, allow deposits and withdrawals that exceed these limits.
4.15 All fiat currency deposits and withdrawals can only be made to and from an account held by the verified CoinByte account holder.
4.16 You are responsible for entering the correct BSB and account number, or other financial account details, for any AUD deposits or withdrawals. CoinByte does not verify the details you provide, including whether the BSB and account number are correct. If you enter incorrect bank details, CoinByte will not be responsible for recovering those funds from an unintended recipient. CoinByte is not liable for any loss or liability resulting from sending fiat currency to an unintended bank account.
4.17 During periods of market volatility, high trade volumes, rapid market movements, or illiquidity, the market rate at which you buy, sell, or trade Coins may differ from the price shown on our Platform. Consequently, we may be unable to execute your order and will return the funds to your account. CoinByte is not responsible for any price variation resulting from market volatility, market disruptions, technological issues, delays, or other factors outside of our control. In such cases, CoinByte may cancel your buy or sell order and return the funds to your account. We will take reasonable steps to notify you of these events, and you must check your account and any pending or canceled transactions once you receive such a notification.
4.18 When you place a buy, sell, or swap order through our Platform, CoinByte will treat that order as a binding instruction. If you request CoinByte to cancel, amend, or reverse the order, CoinByte is not obligated to do so if it is unreasonable or would cause CoinByte inconvenience or additional costs.
5. Holding Assets
5.1 In the operation of its business model as a Crypto Asset Exchange, and to facilitate near-instantaneous settlement of Transactions, CoinByte holds and moves customer Crypto Assets as outlined in this clause 5.
5.2 CoinByte holds customer Crypto Assets in a manner consistent with industry best practices and applicable regulatory requirements. Asset balances displayed in customer wallets on our Platform reflect the corresponding entitlements of each user. From time to time, CoinByte may hold customer Fiat Assets in stablecoins to facilitate transaction processing and liquidity management.
5.3 You acknowledge and agree that CoinByte may earn interest on your Fiat Assets held on the Platform.
5.4 While your Crypto Assets remain on CoinByte’s Platform, CoinByte has control over those Crypto Assets. If you wish to hold the private keys of your Crypto Assets, you have the option to withdraw those Crypto Assets to your own wallet, subject to the limits displayed on our Platform.
5.5 As part of its business model as a Crypto Asset Exchange CoinByte moves customer Assets to third parties, external platforms, and systems. As customer Assets are transferred and held in this way, they may generate a return for CoinByte. CoinByte’s policy is that generating such returns should not expose the Assets to any greater risk than they would otherwise face to support our Crypto Asset Exchange model. Apart from these incidental returns, which are a byproduct of our business model, CoinByte does not actively seek to generate returns or yields on customer assets. To clarify, CoinByte does not lend customer assets.
5.7 As customer Assets are transferred and held in the manner described in this clause 5, CoinByte may receive incidental commission payments from third parties where your Assets are held.
5.8 Despite the above, and to avoid any confusion, CoinByte does not provide custodial or fiduciary services to you. We do not hold your Assets as a custodian or on your behalf. Your CoinByte account is not a deposit, checking, or savings account, and it is not insured against losses. In certain situations, Customer Assets may not be held in segregated client accounts or kept separate from CoinByte’s own Crypto and Fiat Assets.
6. Service Fees and payments
6.1 A conversion fee applies to all transactions involving the purchase, sale, or trade of Coins. By using the CoinByte Platform, you acknowledge and accept that we may change our conversion fees at any time. CoinByte will inform you of the applicable conversion fees for your transaction at the time it is processed.
6.2 Similarly, a conversion rate applies to all transactions involving the purchase, sale, or trade of Coins. By using the Platform, you accept the conversion rate that is in effect at the time of the transaction.
6.3 For customers residing in Australia, the fees charged represent the total cost of our services, including all taxes that are applicable within Australia.
6.4 For non-resident customers using our services from outside of Australia, the fees charged also represent the total cost of our services, including all taxes payable in Australia. However, these fees do not account for any foreign taxes you may be required to pay. It is your sole responsibility to determine and settle any foreign taxes related to your transactions or fees.
6.5 Our current pricing details can be found at CoinByte Platform.
6.6 We reserve the right to delay, suspend, or cancel a trade or transaction if we suspect it may involve illegal activities, law enforcement action, or fraud.
6.7 Additionally, we reserve the right to delay, suspend, or cancel a trade or transaction due to technical reasons that prevent its completion, including reliance on third-party providers or suppliers, or technical difficulties on our end.
7. Referring program
7.1 From time to time, we may run a "Referrig" program that allows you to refer a Converted Customer to our Platform, in exchange for: a. a Referral Credit being credited to your account ("Referral Credit"); and/or b. a Referral Credit being granted to the Converted Customer.
7.2 The Referral Credit will be issued in the form of an Asset, the value of which will be published on our Platform from time to time. This amount is subject to change and may be modified or withdrawn at our sole discretion. If the Referral Credit applies to both you and the Converted Customer, the amount of the credit may differ for each party.
7.3 The "Referring" program will be operated at our sole discretion and may be activated, amended, or discontinued by us without prior notice. Should a new "Referring" program be introduced, we will notify you via email.
7.4 To be eligible for the Referral Credit, the following conditions must be met ("Referral Eligibility Conditions"): a. Both you and the Converted Customer must be registered on the CoinByte Platform, and both accounts must remain active (i.e., not closed); b. Both you and the Converted Customer must have completed the necessary levels of verification, as outlined on the Platform, at our sole discretion; c. Both you and the Converted Customer must have made a Fiat Asset deposit (exceeding the minimum amount required for a Fiat Asset deposit at that time) and must have completed at least one Transaction on the Platform; d. The Converted Customer must have successfully entered the “Referring” promotion code; and e. Any other requirements, as specified on the Platform, at our sole discretion, from time to time.
7.5 If any of these Referral Eligibility Conditions are not fulfilled within 30 days of the Converted Customer's registration on the Platform, you will not be entitled to receive the Referral Credit for that Converted Customer.
7.6 If you are eligible for a Referral Credit, it will be credited to your CoinByte "Trade" wallet once the Referral Eligibility Requirements have been fulfilled.
7.7 You agree not to use your own referral code to create and register a separate account for yourself. This action will be regarded as an abuse of the program and may lead to the immediate termination of your account(s) and the forfeiture of any Referral Credit(s).
8. Termination
8.1 CoinByte reserves the right to suspend, limit, restrict, deactivate, or terminate your access to the CoinByte Platform and Services, including your CoinByte account, under the following conditions: a. If you attempt or successfully gain unauthorized access to the Platform or another CoinByte member’s account. b. If you allow or facilitate a third party in gaining unauthorized access to the Platform or your CoinByte account. c. In the event of technical or operational difficulties. d. If you use, or CoinByte reasonably suspects you are using, the Platform or Services for unlawful activities such as fraud, money laundering, terrorist financing, financial crimes, or violations of laws regarding sanctions and bribery. e. If your use of CoinByte’s Services is under investigation, litigation, or subject to any government proceedings. f. If you fail to pay or engage in fraudulent payment for any transactions. g. If CoinByte is unable to support your account or service usage. h. If there are concerns regarding the security of your CoinByte account, or if any transaction is suspected to be fraudulent, erroneous, or illegal. i. If you engage in actions that circumvent these Terms of Service or CoinByte’s control, such as exploiting any promotions, rewards, or referral programs. j. If you violate any provisions of this Terms of Service Agreement or CoinByte’s Privacy Policy. k. If you provide false or misleading information related to your CoinByte account or intentionally omit information that is reasonably required when opening or managing your account. l. If CoinByte receives a request from a law enforcement or government agency to suspend or terminate your account. m. If you deposit fiat currency into your CoinByte account, but CoinByte credits your account with the corresponding value of fiat currency, and CoinByte does not receive cleared funds from your bank or other Authorized Deposit Institution (ADI) after the credit.
8.2 You may close your CoinByte account at any time, provided that all pending transactions or trades are settled and you fulfill any account closure requirements. CoinByte will not charge you any fees for account cancellation; however, you will remain responsible for paying any outstanding amounts owed to CoinByte.
8.3 If your CoinByte account is suspended, limited, restricted, deactivated, or terminated, CoinByte is not obligated to honor or reinstate any transactions or prices under the same conditions as before the suspension, limitation, restriction, deactivation, or termination. Furthermore, if your CoinByte account is suspended or deactivated due to a breach of these Terms of Service, CoinByte is not required to return any fiat currency or Coins to you.
9. Indemnity
9.1 To the fullest extent allowed by law, you agree to indemnify, defend, and hold harmless CoinByte (and its affiliates, directors, officers, employees, service providers, agents, members, representatives, and all other associated entities, collectively referred to as the "Indemnified Parties") from any and all claims, demands, lawsuits, actions, proceedings, liabilities, losses, damages, fines, penalties, costs, and expenses (including reasonable legal fees awarded by a court) that arise from or are connected to: a. Your actions and use of our Platform and Services; b. Your violation of these Terms of Service, CoinByte's Privacy Policy, and/or Anti-Money Laundering and Counter-Terrorism Financing (AML-CTF) Policy; c. Your breach of any applicable laws, regulations, or rules; d. Your infringement or violation of CoinByte’s copyrights, intellectual property, trade secrets, patents, trademarks, service marks, or any other proprietary rights under applicable law; e. Your failure to protect or maintain the confidentiality of your CoinByte account password or private key; f. Any information you provide to us through our Platform and Services; Any harm you cause to our Platform and Services, any CoinByte user, or any third party or entity; g. Any rights exercised by CoinByte in accordance with these Terms of Service.
9.2 This indemnity extends to, but is not limited to, liabilities arising from intellectual property infringement, defamation, and privacy violations.
10 . Intellectual Property Rights
10.1 Unless otherwise specified, we own or have licensed all rights, titles, and interests (including copyrights, designs, patents, trademarks, and other intellectual property rights) associated with this Website and all materials (such as text, graphics, logos, audio, and software) made available on it.
10.2 Your use of this Website does not grant you any ownership, rights, or interests in the Website itself. However, we provide you with a license to access the Website in accordance with the terms and conditions outlined in this Agreement and, where applicable, as specifically authorized by us or our third-party licensors.
10.3 Reproducing or redistributing the content of this Website is strictly prohibited and may result in both civil and criminal penalties. Furthermore, you are not allowed to copy the content of this Website to any other server, location, or medium for the purpose of publication, reproduction, or distribution.
10.4 Any other use, copying, or reproduction of the Website or its contents is prohibited, unless permitted by law. You are, however, allowed to make one copy of any page on the Website for personal viewing, and you may share the content with others within your organization for informational purposes.
11. Linking to Our Website
11.1 You are allowed to link to our homepage, but only if the link is created in a manner that is fair, legal, and does not harm or exploit our reputation.
11.2 You must not create a link in a way that implies any form of partnership, approval, or endorsement from us unless explicitly granted.
11.3 You are not permitted to link to our site from any website that you do not own.
11.4 Our website must not be framed on any other site, and you are not allowed to create a link to any part of our site other than the homepage.
11.5 We retain the right to revoke linking privileges at any time without prior notice.
12. Third-Party Links
12.1 Our Platform may include links to, and integrations with, websites that are owned and operated by third parties. This may involve other vendors or service providers offering goods or services related to the Services we provide. We have no control over these external websites, which are governed by their own terms and privacy policies independent of ours.
12.2 The inclusion of third-party links on our Platform does not imply our endorsement or recommendation of the third party or the services they offer.
12.3 By accessing a third-party website through a link on our Platform, you acknowledge and agree that: a. You do so at your own risk and are responsible for reviewing the privacy policy and terms and conditions of that external site. b. We are not responsible for the content, accuracy, legality, suitability, or any other aspect of the third-party website. c. To the fullest extent allowed by applicable law, we will not be liable for any loss or damage that you or any other individual may suffer as a result of accessing or using any third-party website linked from our Platform.
12.4 We may receive a commission or other benefits if you make a purchase from a third party that we refer you to. In such cases, we will inform you about this referral and the potential benefit.
13. Warranties
13.1 This Website is provided "as is," without any representations or warranties, whether express or implied. CoinByte does not make any representations or warranties regarding this Website or the information and materials presented here.
13.2 Without limiting the above, CoinByte does not guarantee that: a. The Website will be continuously available, or available at all; b. The information on this Website is complete, accurate, truthful, or non-misleading; or c. Any part of this Website constitutes or is intended to constitute advice in any form. If you need legal or financial advice, you should consult with a qualified professional.
14. Limitations of liability
14.1 The content on our Website is provided solely for general informational purposes and is not intended to be relied upon as professional advice. You should seek professional advice before taking any action based on the content of this Website.
14.2 To the fullest extent permitted by applicable law, we exclude all warranties, conditions, representations, and other terms that may apply to our Website or any content contained within it, including the Services, whether express or implied.
14.3 CoinByte will not be liable to you (whether under contract, tort, or otherwise) for any of the following in relation to the Website or our Services: a. Any inability to use or access the site and/or Services; b. Any reliance on, or use of, the content displayed on the Website; c. Any indirect, special, or consequential loss; or d. Any business-related losses, including loss of revenue, income, profits, anticipated savings, contracts, business relationships, reputation, goodwill, or loss or corruption of data or information.
14.4 These limitations apply even if the loss was foreseeable or CoinByte had been explicitly advised of the possibility of such loss.
14.5 We will not be responsible for any loss or damage caused by viruses, denial-of-service attacks, or other harmful technological content that may affect your computer systems, programs, data, or other proprietary materials as a result of using this Website or downloading content from it or linked Websites.
14.6 We are not responsible for the content of any third-party websites linked on our Website. These links should not be construed as an endorsement of the linked websites. We will not be liable for any loss or damage arising from your use of these sites.
14.7 Notwithstanding the above limitations and exclusions, CoinByte's liability to you is limited to the amount of actual loss or damage that results directly from our breach of these terms, and in no event shall exceed the total amount of fees we have received from you for Services provided in the preceding 12 months.
14.8 Nothing in these Terms of Service excludes, limits, or modifies any consumer guarantees, rights, or remedies that you are entitled to under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable laws that cannot be excluded, limited, or modified by agreement.
15. Security
15.1 The transmission of information over the Internet (including to or from our platform and services) is not entirely secure or error-free. Specifically, emails sent to or received from us, as well as information submitted or accessed through this platform, may not be fully secure. Therefore, it is advised to exercise discretion when sharing sensitive information with us through these communication channels.
15.2 Emails to and from us may undergo filtering and virus scanning by third-party contractors. However, we do not guarantee that these measures will always be effective in detecting and removing viruses or other potentially harmful software.
15.3 By using our platform and services, you acknowledge that you do so at your own risk. The platform and services are provided "as is," and we make no representations or warranties regarding their security, availability, or uninterrupted and timely access.
15.4 We implement strong access controls, including identity management, permission settings, and security credentials. Only authorized CoinByte employees can access personal information, and only as necessary to perform their duties. We use multi-factor authentication (MFA) for added security, and employee access is revoked once it is no longer needed.
15.5 CoinByte employs a two-factor authentication (2FA) process to verify your identity and prevent fraud. This authentication may be required for significant financial and trading transactions, such as withdrawals to third-party platforms or your personal financial accounts. We require that you implement and use 2FA tools (like Google Authenticator) on your devices to complete such transactions.
15.6 When using our platform and services, you agree to provide accurate, up-to-date information, including personal details. Additionally, we may disclose your information, such as your IP address or account access history, to law enforcement or government authorities if requested.
15.7 By creating an account with CoinByte, you authorize us to verify your identity either directly or through third-party services to prevent fraud. This verification process may take up to 10 business days. You are responsible for ensuring that the personal information you provide is current and accurate.
15.8 You are fully responsible for managing your CoinByte account, including transferring funds, adjusting assets, initiating transactions, and withdrawing funds.
15.9 You agree not to use any CoinByte account other than your own or assist others in unauthorized access. If you are found to be accessing another user’s account or facilitating unauthorized access, your account may be suspended or terminated, and any pending transactions will be canceled.
15.10 You are responsible for keeping your account details, including your password, confidential. It is important to safeguard your coins by using a secure digital wallet and taking all necessary steps to protect your account. CoinByte minimizes the risk of hacking by not holding large quantities of coins within the platform.
15.11 You must notify CoinByte immediately if there is any unauthorized access or use of your account, password, or other security breaches. Please submit a support request via our website if you suspect any such breach.
16. Cookies and Privacy
16.1 We may use cookies to recognize your computer on our server and track your activity on our Platform. In certain cases, cookies may gather and store personal information about you. Any personal information collected will be used solely in accordance with our Privacy Policy.
16.2 Any personal information we collect from you through this Platform will be used and disclosed solely in accordance with our Privacy Policy.
17. General
17.1 CoinByte will communicate with customers exclusively via email and telephone and will never send links to external websites or request sensitive information, such as 2-factor authentication codes and passwords. If you're unsure whether an email or phone call you've received is legitimate and from a trusted source, please reach out to CoinByte Support via email, and we’ll be happy to assist you.
17.2 By using CoinByte’s Platform and Services, you acknowledge that it is your responsibility to determine whether and to what extent taxes apply to any transactions or trades you make. You are also responsible for seeking professional tax advice related to your personal, business, or self-managed superfund CoinByte accounts. Additionally, it is your duty to ensure compliance with all applicable laws and that the platform and its features meet your requirements. CoinByte does not provide tax advice and takes no responsibility for any information you receive through our Platform and Services.
17.3 The Terms of Service you view on the Platform at any given time supersede all previous versions.
17.4 If any part of the Terms of Service is found to be invalid, unenforceable, or illegal for any reason, the remaining sections will continue to be fully effective.
17.5 If we are unable to perform our Services as outlined in the Terms of Service due to circumstances beyond our control, including but not limited to changes in laws, regulations, policies, or any force majeure events, CoinByte will not be held liable.
17.6 These Terms of Service are governed by the laws of the State of New South Wales. In the event of a legal dispute related to this Platform or these Terms and Conditions, the Courts of New South Wales will have non-exclusive jurisdiction.