Website Terms and Conditions
Website and Platform Terms and Conditions
1. About the Website
Welcome to www.coinstash.com.au, www.coinstash.io, www.twmt.com.au, any sub-domains and any associated web-based and mobile applications, including APIs (the 'Website'). The Website provides digital currency exchange services (the 'Services').
The Website is operated by TWMT PTY LTD (ABN 76 621 581 584) (“TWMT”). Access to and use of the Website, or any of its associated Products or Services, is provided by TWMT. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
TWMT reserves the right to review and change any of the Terms by updating this page at its sole discretion. When TWMT updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by TWMT in the user interface.
3. Registration to use the Services
In order to access the Services, you must first register for an account through the Website (the 'Account').
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Full name
(d) Residential address
(e) Telephone number
(g) Identity Verification Documents
You warrant that any information you give to TWMT in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with TWMT; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify TWMT of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of TWMT providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of TWMT;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by TWMT for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or the Services is prohibited.
(i) you agree that, where you do not use 2-factor authentication (as supported by the TWMT platform through which the Services are provided), you are liable for any losses where a third party unlawfully obtains your password.
5. Digital Currency Services
TWMT is not liable and you accept that TWMT has no responsibility where you do not use 2-factor authentication and a third party unlawfully obtains your password.
TWMT provides the Members a hosted Everyday digital currency account that enables the Members to:
1) Send digital currency;
2) Request and receive digital currency;
3) Store digital currency; and
4) Interact with third parties by giving instructions through the Website.
By becoming a Member, you agree that we process digital currency transactions based on instructions provided by you. In the event that there is a misunderstanding of the instructions, we bear no liability to you except in the case where it is prohibited by legislation.
As a Member, you are responsible for verifying the accuracy of all of your instructions prior to submitting them. You acknowledge that in certain circumstances, such instructions can be given without a second confirmation.
TWMT accepts no responsibility for any loss or damages if you provide us with any wrong or false information, including but not limited to:
1) Incorrect digital currency wallet address;
2) Incorrect username of the receiver;
3) Incorrect destination tag;
4) Mix-up of the wallet address of one digital currency with another; and
5) Incorrect payment details for bank withdrawals.
TWMT cannot cancel or reverse any digital currency transactions once they have been broadcasted to the relevant network.
TWMT may charge a network fee at its discretion and this may change from time to time.
In the circumstance where you have received, acquired, or accumulated any fiat, digital currency assets, or reward points (Assets) due to an error, glitch or loophole, we may take reasonable action, including but not limited to restricting access or deducting the relevant Assets from your account, to recover the Assets from your account. We will notify you if such an error has occurred and it is our right to recover the misappropriated Assets.
TWMT only supports limited digital currency assets as displayed on its Website from time to time. TWMT accepts no liability if you attempt to transfer, store or otherwise facilitate a digital currency that we do not support by using our Website.
Where the option is given to you, you may make payment for the Services (the ' Services Fee') by way of:
(a) PayID / Osko payment;
(b) Payments using a payment processor service; or
(c) Another payment method that is explicitly permitted by TWMT.
You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
You agree and acknowledge that TWMT can vary the Services Fee at any time.
7. Termination of Contract
The Terms will continue to apply until terminated by either you or by TWMT as set out below.
If you want to terminate the Terms, you may do so by:
(a) providing TWMT with 14 days' notice of your intention to terminate; and
(b) closing your accounts for all of the Services which you use, where TWMT has made this option available to you.
Your notice should be sent, in writing, to TWMT via the 'Contact Us' link on our homepage.
TWMT may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) TWMT is required to do so by law;
(c) the provision of the Services to you by TWMT is, in the opinion of TWMT, no longer commercially viable.
Subject to local applicable laws, TWMT reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts TWMT's name or reputation or violates the rights of those of another party.
8. Refund Policy
TWMT will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of TWMT makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').
9. Copyright and Intellectual Property
The Website, the Services and all of the related products of TWMT are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by TWMT or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by TWMT, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
TWMT does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by TWMT.
TWMT retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
You may not, without the prior written permission of TWMT and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
11. General Disclaimer
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) TWMT will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of TWMT make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of TWMT) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of TWMT; and
(d) the Services or operation in respect to links which are provided for your convenience.
12. Risk disclosure
You agree that our relationship is not one of trust and confidence sufficient to establish a fiduciary relationship. Our relationship is contractual. Nothing in these Terms or in any other way that the parties conduct themselves gives rise to any trust.
You are not obtaining a deposit, cheque or savings account. We are not an authorised deposit taking institution or a bank. You are not covered by any insurance including, without limitation, against losses suffered before, during or after our relationship. We may hypothecate, lend, sell, assign, invest, use, pledge, re-pledge commingle or otherwise deal with any digital assets (including, without limitation, those assets reflected in your online profile). We will use our best endeavours to adopt commercial practices which prevent loss to you. Digital assets reflected in your profile are not legal tender.
Changes to Australian legislation (and state-based, local and international regulatory action) may adversely affect the digital assets reflected in your profile. Transactions involving digital assets (including where there is fraud) are generally irreversible. Losses that you suffer from fraudulent or accidental transactions may not be recoverable.
The main ledger maintained by TWMT may not be sufficient to cover all losses incurred by you. If the losses exceed the funds on the main ledger, you may not obtain the value of the digital assets reflected in your profile. You should carefully consider your financial situation and whether the risks disclosed are suitable for you. This is not an exhaustive summary of all of the possible risks that you may face in engaging with the Services.
13. Consent to TWMT’s use of the digital assets reflected in your profile
You grant us the right to hold the digital assets available in your account in our name or in another name, and to hypothecate, lend, sell, assign, invest, use, pledge, re-pledge commingle or otherwise deal with any amount of such digital assets (including, without limitation, those assets reflected in your online profile), separately or together with other assets with all rights of ownership being vested with us, for any period of time, and without retaining in TWMT’s control a like amount of digital assets or any other monies or assets, and to use or invest such digital assets at TWMT’s own risk. You acknowledge that with respect to digital assets used by TWMT:
(a) you may not be able to exercise certain rights of ownership;
(b) TWMT may receive compensation in connection with dealing with the digital assets in its business to which you have no claim or entitlement;
(c) counter-parties may default partially or entirely which can result in partial or total loss of the digital assets reflected in your online profile;
(d) TWMT may use digital assets reflected in your profile as collateral to borrow other digital or fiat assets in different jurisdictions around the world; and
(e) TWMT may lend your coins to exchanges and other counterparties.
In the event that such activities result in losses, TWMT will use reasonable endeavours to make good such losses from the same digital asset on its main ledger. If the losses exceed the amount of that same digital asset in the main ledger, you may not recover losses.
14. Coinstash Earn
Coinstash Earn is a customer loyalty scheme to reward customers for maintaining digital currency asset balances with TWMT Pty Ltd.
The scheme allows you to earn reward points (Points) on your digital currency assets held in a designated account, up to the advertised rate of return. Where you transfer digital currency assets to the designated account, Points will be calculated on a daily basis up to the advertised rate of return, 24 hours from the time of transfer.
Points are calculated daily at 00:00 UTC time based on the digital currency asset balance in your designated account(s) as at that time. The Points are credited to your points balance on a weekly basis. Points that are not yet credited are “Pending” until such time they are credited.
Pending Points are forfeited if you withdraw digital currency from your designated account(s) at any time before the Points are credited to your points balance. The amount of Points forfeited is equal to the amount of Pending Points attributable to balance of digital currency that you have withdrawn as though you had withdrawn it at the start of the weekly period.
You may redeem the Points earned through Coinstash Earn for goods or services through the redemption store. Your account must remain active on the date that Points would be credited to you for you to receive the applicable Points for that week.
All Points must be earned and rewards must be redeemed in accordance with these terms and conditions. Whilst Coinstash Earn may partner with other providers to offer redemption of Points for gift vouchers, e-gift vouchers, experiences and other goods and services, no warranty is given that such partnering arrangements will be entered into and/or continued indefinitely. Coinstash Earn reserves the right to amend any redemption offer at any time. Coinstash Earn does not offer rewards which vary depending on what you earn by on-lending, staking, arbitrage or any other use by TWMT. Coinstash Earn does not provide you with the ability to participate in profit from activities such as on-lending, staking or arbitrage. Coinstash Earn does not lock your digital currency assets to the account from which points/rewards are earned. You may withdraw any digital currency asset on which Points are earned at any time. There is no hold on the account which earns Coinstash Earn and any withdrawal by you will be processed in accordance with TWMT’s usual turnaround times (i.e. less than 24 hours). Coinstash Earn Points cannot be bought, sold or dealt with other than through redemption of the rewards from TWMT.
Coinstash Earn is a free customer loyalty scheme under the Australian Securities & Investments Commission Regulatory Guide 185. TWMT has designed these terms and conditions in consideration of the Australian Competition & Consumer Commission’s guidance on customer loyalty schemes. Coinstash Earn’s main purpose is to promote spending on TWMT’s goods and services. Coinstash Earn points are allocated a measure of value because they can be used to acquire rewards which comprise TWMT goods and services. Points may be used to make payment or part payment for goods and services available as rewards. Coinstash Earn points are not a derivative or synthetic asset. Coinstash Earn does not create any marketplace for the points other than by redemption of rewards.
TWMT reserves the right to change the terms and conditions of Coinstash Earn at any time without notice, including the right to discontinue or change the benefits of Coinstash Earn. If TWMT makes any material changes to these terms and conditions or terminates Coinstash Earn, we may notify you by email. TWMT may periodically update the rate of rewards and any rate changes are made in TWMT’s sole discretion.
15. PPSR security interest
You agree that no security interest or other dealing on the Personal Property Security Register arises under the Terms or otherwise in our relationship with you. You agree not to, on your own behalf or on behalf of any other person, agree to register, consent to registration or register any type of security interest or other dealing on the PPSR. Further, where a security interest or other dealing is registered, you irrevocably consent to TWMT’s discharge of such security interest or other dealing.
16. Disclaimer of Warranty
To the extent permitted by law, the Services are provided without any warranty under these Terms. You agree that all express or implied conditions, representations, and warranties including, without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose, satisfactory quality, or arising from a course of dealing, usage, or trade practice, or warranty of non-infringement are disclaimed.
17. Limitation of liability
TWMT's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that TWMT, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
You agree to indemnify TWMT, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Services;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and
(c) any breach of the Terms.
19. Dispute Resolution
Compulsory: You agree to a compulsory dispute resolution process.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following process has been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Brisbane, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
20. Venue and Jurisdiction
The Services offered by TWMT is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
21. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
22. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
Updated on: 19/04/2022