Terms of Use
-
. The Platform
-
The website Payscript, and mobile applications, (collectively
“Platform“) is owned, operated and controlled by
Payscript Pty Ltd ABN 18 635 208 721, trading as
Payscript, who along with its associated entities, and each of their
directors, affiliates or employees (as appropriate) are referred to as
“we”, “us” or “our” in these Terms of Use.
-
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”).
-
By opening an account to use the Services provided by Payscript, 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.
-
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.
-
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 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 amended and most current
Terms of Use.
-
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
limited to:
- 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.
-
Any user of Payscript’s Platform who violates or breaches our Terms of
Use may have their membership and trading account terminated, as well
as any pending transactions cancelled. You may also be held liable for
any losses incurred by Payscript or any other user of the Platform.
-
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.
-
. Termination
-
Payscript may suspend, limit, restrict, deactivate or terminate your
access to Payscript’s Platform and Services, including your Payscript
account, if:
-
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;
-
You breach any terms of this Terms of Use Agreement or Privacy
Policy; or
-
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.
-
. Indemnity
-
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 these Terms of Use, Payscript’s Privacy Policy
and/or AML-CTF Policy;
- 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.
-
. Liability
-
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
Security
-
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 are accountable for maintaining and preserving the confidentiality
of your account information, your personal information you provide to
Payscript, the strength level of your password, whether you implement
a two-factor authentication (unless otherwise stipulated in these
Terms of Use), protecting your Coins by using a digital wallet and any
other activities you undertake when using our Platform and Services.
Payscript recommends you implement and use two-factor authentication
at all times when transacting on the Platform and a digital wallet to
protect your crypto and Coins as well as personal information when
holding your Coins outside the Platform. Do 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.
-
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.
-
. Cookies
-
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
-
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.
-
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.
-
. Privacy
-
Any personal information we collect about you via this Platform will
only be used and disclosed by us in accordance with our Privacy
Policy.
-
. General
-
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.
-
The Terms of Use published on the date you view them on the Platform
supersede all prior versions.
-
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.
-
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.
-
These Terms of Use are governed by the laws of the State of Victoria
and in the event that we have a legal dispute relating to this
Platform or these Website Terms and Conditions, the Courts of Victoria
will have non-exclusive jurisdiction.
Ready to get started?
Join the Payscript now. It's free to sign up.
Get Started