. The Platform
- The Platform provided and operated by Payscript allow buyers and sellers to convert, buy, sell and trade digital currency. “Payscript” may also refer to the services, website, mobile applications, content, products or any other services provided by Payscript (collectively “Services”).
- We grant you a non-exclusive, revocable, non-transferable licence to use the software on a server controlled by us for the sole purpose of accessing and obtaining the material on the Platform.
- Your eligibility and use of our Platform and Services is dependent upon your country of residence. The Services provided by Payscript are limited to the following jurisdiction: Australia.
. Risks of Trading and Holding Crypto or Digital Currencies
- The trading or holding of coins, tokens, crypto, digital currency, or digital assets of the like (collectively “Coins“) involves significant risks and the losses can be substantial. You should carefully consider and assess whether trading or holding of Coins is suitable for you depending upon your financial circumstances and tolerance to risk.
- Coins such as Bitcoin and Ether are unlike traditional currencies, goods or commodities in the market and are subject to exceptional risks. Unlike other traditional forms of currency, Coins are decentralised and are not backed by a central bank, government or legal entities and remains unregulated. As such, the value of Coins may swing depending upon the market, confidence of investors, competing currencies, regulatory announcements or changes, technical problems or any other factors.
- Due to the significant risks of trading Coins as well as the impact of technology and the international market, Payscript cannot warrant or guarantee that particular Coins will be available on our Platform and Services. Payscript reserves the right to stop offering trades in relation to particular Coins on our Platform and Services. We will use our reasonable endeavours to notify you if we cease to support trading in particular Coins. 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.
- Payscript only supports mechanisms such as Metacoins, Alt-Coins, Forks, Sidechains, Colour Coins or any other Coins which supplement and interact with digital currency, if Payscript explicitly specifies through our Platform. The Platform will participate in Forks, airdrops and any other similar mechanisms at Payscript’s absolute discretion. Payscript does not allow for users to send Coins off the Payscript Platform in order to pay, fund or contribute to an Initial Coin Offering unless explicitly stated and 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. Payscript may also support the payment of a dividend, at Payscript’s absolute discretion and if explicitly stated.
- Payscript is not responsible or liable for any Coins once they are transferred from our Platform to another site, device, platform or user. Nor is Payscript responsible or liable for any Coins not traded on our Platform that have been sent into our Platform or Coins that have been sent to an incorrect wallet address or a wallet address for a different Coin. 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 misappropriation or theft of your Coins. You should familiarise yourself with the security measures available when using a wallet service or other device for storage. 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
. Your Obligations
- You warrant to us that you are a bona fide user of Payscript’s Platform and Services for the purposes of trading Coins.
You must not:
Engage in any restricted or criminal activities, including but not
- Terrorist financing;
- Money laundering;
- Illegal gambling;
- Distributing or funding drugs and drug paraphernalia;
- Malicious hacking;
- Knowingly or recklessly provide us with inaccurate or incomplete information through the Platform;
- Use Payscript’s Platform and Services for the purpose of obtaining, processing, distributing, viewing, assessing, analysing, 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);
- Reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Platform’s source code, formulas or processes;
- Interfere with the security of the Platform or the safe use of the Platform by others (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);
- Use this Platform 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);
- Knowingly or recklessly use and/or take advantage of a technical or technological error, loophole or glitch on Payscript’s Platform and Services;
- 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;
- 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;
- 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);
- Collect or store personal data about other users of the Platform; or
- Do anything else which may interfere with or negatively affect the operation of our Platform, Services or others users.
- Engage in any restricted or criminal activities, including but not limited to:
- Payscript 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 Payscript Support. If you notify us in good faith, we will not restrict your use of our Platform or Services.
. Trading and Using Your Payscript Account
- Payscript will use its best endeavours to ensure that it meets its deposit and withdrawal timeframes. From time to time factors outside of Payscript’s control may lead to delays. You acknowledge that Payscript is not responsible for any losses that occur due to delays in processing deposits or withdrawals.
- By using Payscript’s Platform and Services, you acknowledge that Payscript is not responsible for any delays you may experience in sending and transferring Coins to and/or from Payscript’s Platform to other platforms, websites, users or wallets. These delays may be due to issues beyond Payscript’s control, including issues with third party websites and platforms, wallets, congestion of the blockchain and Payscript moving Coins into a secure storage vault or platform.
- 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 Payscript’s control and Payscript 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.
- In the circumstance where you have received, acquired, or accumulated any funds or assets due to an error, glitch or loophole, Payscript may take reasonable action, including but not limited to restricting access or deducting the funds from the account, to recover the funds or assets from your Payscript account. We will notify you if such error has occurred and it is our right to recover the misappropriated funds or assets.
- It is your responsibility to check your Payscript account and monitor the movement of your Coins including any pending, lapsed or cancelled through your transaction history and to re-execute any transactions which fail.
- 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.
- All fiat deposits and withdrawals can only be made to and from a financial institution account held by the verified Payscript account holder.
- 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. Payscript is not liable for any price variation due to market volatility, market or technology disruptions, delays or any other matters that caused by things that are outside Payscript’s control. Payscript 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 and in such cases Payscript may cancel your buy/sell order and return the funds into your Payscript account. Payscript 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.
. Conversion Services and Fees
- A conversion fee applies to all transactions where Coins are purchased, sold or traded.
- By using the Payscript Platform, you accept the conversion rate and acknowledge that we may adjust our conversion fees at any time. Payscript will notify you of the conversion fees that apply to your transaction at the time of the transaction.
- We may delay, suspend or cancel a conversion transaction if we believe the transaction may be subject to illegal activity, fraud, including but not limited to the activities outlined in clause 13.
- 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 Payscript is unable to execute the transaction. This may be subject to reliance on a third party supplier, where we have reasonable belief that the trade is subject to illegal activity or fraud, technical difficulties or subject to a law enforcement action.
Payscript may suspend, limit, restrict, deactivate or terminate your
access to Payscript’s Platform and Services, including your Payscript
- You gain or attempt to gain unauthorised access to the Platform or another Payscript member’s account;
- There is a technical or operational difficulty;
- You use the Payscript Platform in order to perform illegal or criminal activities;
- Your use of the Payscript Platform is subject to any pending investigation, litigation or government proceeding;
- You fail to pay or fraudulently pay for any transactions;
- We are unable to support your use;
- Payscript receive a request from a law enforcement or government agency to do so.
- You may cancel your Payscript account at any time, following the settlement of any pending transactions or trades. You will not be charged any fees for cancelling your Payscript account, however you must pay any outstanding amounts owed to us.
- Payscript may suspend, limit, restrict, deactivate or terminate your access to Payscript’s Platform and Services, including your Payscript account, if:
To the maximum extent permitted by law, you agree to indemnify, defend
and hold harmless Payscript (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:
- your conduct and use of our Platform and Services;
- your breach of any law, regulation or rule;
- your violation or breach of Payscript’s copyright, intellectual property, trade secrets, patents, trademarks, service marks or any other proprietary right under law;
- any information that you provide to us via our Platform and Services; or
- any damage that you may cause to our Platform and Services, to any Payscript user or any other person or entity.
- This indemnity includes without limitation, liability relating to intellectual property rights, defamation and breaches of privacy.
- To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Payscript (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:
- To the maximum extent permitted by law, Payscript 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 Payscript 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.
- 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.
- We do not provide any warranty in relation to your use of Payscript’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. Payscript’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.
- You should independently satisfy yourself as to the information provided through Payscript’s Platform and Services. You agree to use Payscript’s Platform and Services at your sole risk and at an “as is” basis.
. Use of our Platform and Services
- The transmission of information over the Internet (including to or from the Platform) 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.
- 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.
- 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.
- Payscript employs multiple strategies to protect crypto assets including data encryption, transport layer security, periodic security audits, organisation security and enhanced security features for users. The server and data infrastructures we use have ISO 9001, ISO 27001, ISO 27017, ISO 27018. We employ fine grained access controls to ensure only each person the team has need to know basis access to information and systems.
- Payscript uses a two-factor authentication process in order to verify your identity, maintain security and prevent any fraud.
- As part of Payscript’s commitment to protecting crypto assets, all significant financial and trading transactions made by you from the Payscript 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 Payscript’s two-factor authentication. Payscript 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 and/or phone, such as Google authenticator, and how to use these security measures in order to complete the transaction.
- As part of operating our Platform and Services, Payscript may hold your funds, assets or Coins on different exchange platforms.
- 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.
- Payscript 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.
- By creating a Payscript account, you authorise Payscript 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.
- We cannot guarantee the identity of any other user, receiver or other party you engage with.
- You agree that you will not use any other Payscript 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 Payscript account, other than your own, this will result in immediate suspension and possible termination of your account. Any pending transactions or trades will also be suspended.
- You must notify Payscript 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
- 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.
- 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.
- 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).
- 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.
- 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.
. Intellectual Property
- 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.
- 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.
- 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.
- Payscript will communicate with customers by email and telephone and will never provide links to other websites or request sensitive information such as 2-factor codes and passwords. If you are not sure if the email or telephone call you received is secure and from a trusted source, please email us at [email protected] and we will be able to assist you.
- By using Payscript’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 Payscript accounts as well as to ensure that you are compliant and that the platform and features satisfy your requirements. Payscript does not provide any advice or take any responsibility for information that you receive through our Platform and Services.