Our terms and conditions have changed

Please review our updated terms and conditions for:

  • Anti Money Laundering (AML) Policy
  • Anti Money Laundering (AML) Policy
  • 反洗钱(AML)政策
  • Anti Money Laundering (AML) Policy
  • Privacy Collection Notice
  • Privacy Collection Notice
  • Privacy Collection Notice
  • Privacy Policy
  • Privacy Policy
  • 隐私政策
  • Privacy Policy
  • Terms & Conditions
  • Terms & Conditions
  • 条款和条件
  • Terms & Conditions
  • Leveraged Trading Terms & Conditions
  • Leveraged Trading Terms & Conditions
  • Leveraged Trading Terms & Conditions
  • Referral Program Terms & Conditions
  • Referral Program Terms & Conditions
  • Referral Program Terms & Conditions
  • Adviser Privacy Declaration
  • Adviser Privacy Declaration
  • Adviser Privacy Declaration

Anti Money Laundering (AML) Policy

Last updated: 1 August 2024

Independent Reserve is bound by Australian law to take steps to ensure that it is not involved in the facilitation of money laundering or terrorist financing.

Various AML measures are in place designed to articulate our commitment to detecting, preventing and reporting attempts to use our financial services platform to launder money, to finance illegal activities such as terrorism and drug trafficking, or to commit fraud.

The following is a list of some of these measures:

  • All clients must undergo a verification check to confirm identity before being allowed to trade
  • Fiat currency withdrawals can only be made to a bank account held in the same name as the Independent Reserve account
  • Fiat currency deposits can only be accepted from a bank account held in the same name as the Independent Reserve account
  • Independent Reserve is obliged to report any suspicious activity to the relevant authorities

Anti Money Laundering (AML) Policy

Last updated: 1 August 2024

Independent Reserve is bound by Singapore law to take steps to ensure that it is not involved in the facilitation of money laundering or terrorist financing.

Various AML measures are in place designed to articulate our commitment to detecting, preventing and reporting attempts to use our financial services platform to launder money, to finance illegal activities such as terrorism and drug trafficking, or to commit fraud.

The following is a list of some of these measures:

  • All clients must undergo a verification check to confirm identity before being allowed to trade
  • Fiat currency withdrawals can only be made to a bank account held in the same name as the Independent Reserve account
  • Fiat currency deposits can only be accepted from a bank account held in the same name as the Independent Reserve account
  • Independent Reserve is obliged to report any suspicious activity to the relevant authorities

反洗钱(AML)政策

更新日期: 2024年8月1日

Independent Reserve 新加坡私人有限公司(“Independent Reserve”)受新加坡法律约束,必须采取措施确保自身不参与洗钱或恐怖主义融资。

我方已采取多项反洗钱(AML)措施,旨在明确我方的坚定承诺:发现、预防和报告试图利用我方的金融服务平台洗钱、资助恐怖主义和贩毒等非法活动或实施欺诈行为。

以下是部分措施的列表:

  • 所有客户在获准交易前必须接受验证检查以确认身份
  • 只有与 Independent Reserve 账户名称相同的银行账户才能进行法币提现
  • 只有与 Independent Reserve 账户名称相同的银行账户才能进行法币充值
  • Independent Reserve 有义务向有关当局报告任何可疑活动

Anti Money Laundering (AML) Policy

Last updated: 1 August 2024

bitcoin.com.au is bound by Australian law to take steps to ensure that it is not involved in the facilitation of money laundering or terrorist financing.

Various AML measures are in place designed to articulate our commitment to detecting, preventing and reporting attempts to use our financial services platform to launder money, to finance illegal activities such as terrorism and drug trafficking, or to commit fraud.

The following is a list of some of these measures:

  • All clients must undergo a verification check to confirm identity before being allowed to trade
  • Fiat currency withdrawals can only be made to a bank account held in the same name as the bitcoin.com.au account
  • Fiat currency deposits can only be accepted from a bank account held in the same name as the bitcoin.com.au account
  • bitcoin.com.au is obliged to report any suspicious activity to the relevant authorities

Privacy Collection Notice

Last updated: 30 July 2024
  1. When you use the Independent Reserve Platform, we ask you for the personal information we need to facilitate the provision of buying, selling and trading digital currency. The type of personal information which we collect from customers and prospective customers includes your name, current and previous address, email address, phone number, date of birth, gender, passport or other identification details and transaction history.
  2. We also use your personal information to:

    1. verify your identity and comply with our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act (Cth) 2006;
    2. respond to your enquiries about the Independent Reserve Platform;
    3. enable us to manage your ongoing requirements and our relationship with you, e.g. to process transactions, email you a notice or receipt of your transaction, troubleshoot a problem, prevent or investigate illegal or potentially illegal activities; and
    4. customise and improve Independent Reserve’s Platform.
  3. We may disclose your personal information to law enforcement or government agency (if requested).
  4. We may also disclose your personal information to any appointed advisers or multi-users (if requested) and in accordance with our Terms and Conditions.
  5. We may also disclose any personal information to financial institutions, payment service providers for payment processing, identity verification services or credit bureaus, or our contracted service providers.
  6. If you do not provide us with some or all the information that we ask for, we may not be able to verify your identity and as such you may not be able to open a trading account with Independent Reserve or use our Platform.
  7. We may disclose personal information to our external service providers located in another country, or to a third party contractor located in another country for our general business purposes. We may also use service providers located in a range of countries to conduct identity verification, and we use external service providers for marketing and data storage services located in the US and New Zealand. We will only do this where it is necessary or appropriate to achieve the purposes set out in this collection notice or our privacy policy.
  8. More detailed information about the way Independent Reserve uses and discloses your personal information is set out in our Privacy Policy.
  9. Our privacy policy includes information about how you can opt out of marketing communications from us, how you may access your personal information, or seek correction of your personal information.
  10. Our privacy policy also includes information about how you may make a complaint about how your personal information has been handled by us.
  11. Please address all requests or questions about how we deal with your personal information, requests for access to your information or to tell us that you no longer wish to receive any communications from us to support@independentreserve.com. You may also request a copy of our privacy policy at the above address.

Privacy Collection Notice

Last updated: 31 July 2023
  1. When you use the bitcoin.com.au Platform, we ask you for the personal information we need to facilitate the provision of buying, selling and trading digital currency. The type of personal information which we collect from customers and prospective customers includes your name, current and previous address, email address, phone number, date of birth, gender, passport or other identification details and transaction history.
  2. We also use your personal information to:

    1. verify your identity and comply with our obligations under the Anti‑Money Laundering and Counter‑Terrorism Financing Act (Cth) 2006;
    2. respond to your enquiries about the bitcoin.com.au Platform;
    3. enable us to manage your ongoing requirements and our relationship with you, e.g. to process transactions, email you a notice or receipt of your transaction, troubleshoot a problem, prevent or investigate illegal or potentially illegal activities; and
    4. customise and improve bitcoin.com.au’s Platform.
  3. We may disclose your personal information to law enforcement or government agency (if requested).
  4. We may also disclose any personal information to financial institutions, payment service providers for payment processing, identity verification services or credit bureaus, or our contracted service providers.
  5. If you do not provide us with some or all the information that we ask for, we may not be able to verify your identity and as such you may not be able to open a trading account with bitcoin.com.au or use our Platform.
  6. We may disclose personal information to our external service providers located in another country, or to a third party contractor located in another country for our general business purposes. We may also use service providers located in a range of countries to conduct identity verification, and we use external service providers for marketing and data storage services located in the US and New Zealand. We will only do this where it is necessary or appropriate to achieve the purposes set out in this collection notice or our privacy policy.
  7. More detailed information about the way bitcoin.com.au uses and discloses your personal information is set out in our Privacy Policy.
  8. Our privacy policy includes information about how you can opt out of marketing communications from us, how you may access your personal information, or seek correction of your personal information.
  9. Our privacy policy also includes information about how you may make a complaint about how your personal information has been handled by us.
  10. Please address all requests or questions about how we deal with your personal information, requests for access to your information or to tell us that you no longer wish to receive any communications from us to support@bitcoin.com.au. You may also request a copy of our privacy policy at the above address.

Privacy Policy

Last updated: 16 October 2024

Independent Reserve Pty. Ltd. (we, us or Independent Reserve) is bound by the Privacy Act 1988 (Cth), including the Australian Privacy Principles. This Policy describes our policies and practices for collecting, handling, storing, using and disclosing personal information for the purposes of our functions and activities. It also deals with how you can complain about a breach of the privacy laws, access the personal information we hold about you and have that personal information corrected (where necessary).

What is personal information?

'Personal information' is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not. Examples include an individual name, address, contact number and email address.

‘Sensitive information’ is a special category of personal information. Sensitive information includes health information and information about an individual’s race or ethnic origin, philosophical beliefs, membership of a professional or trade association, membership of a trade union, religious or philosophical beliefs.

The kinds of personal information we collect and hold

We collect and hold a range of personal information in carrying out our business and functions as a cryptocurrency and Bitcoin exchange. The kinds of personal information we collect and hold about you will depend upon the nature of our relationship with you and the circumstances of collection, including whether we collect the information from you as a customer, supplier, job applicant or some other capacity.

For example, if you are a customer:

  • your identity and contact details including; name, previous and current address, email address, Tax File Numbers, phone number, date of birth, gender, passport or other identification details;
  • payment information and transaction history in connection with account;
  • IP address or MAC address when using our website or mobile applications (and other associated details, including the city associated with your IP or MAC address, the date and time of your visit to our website, pages viewed, the URL of the website that you viewed before our website and the type of browser you use);
  • your feedback and, opinions about our products and services; and
  • information relating to your dealings with us and our related entities, including insights about you so that we can better understand your preferences and interests.

If you apply for a job with us, we may collect your name and contact details as well as information in relation to your past or current employment. If you are or become an employee, the handling of your personal information may be exempt from the APPs if it’s directly related to your current or former employment relationship with us.

If you deal with us in some other capacity, we may collect your name and contact details and any other information you choose to provide to us.

We do not generally collect sensitive information and we will only collect sensitive information about you with your consent (unless we are otherwise required or authorised by or under law to do so).

If you provide us with personal information about another person, please make sure that you tell them about this privacy policy.

How do we collect personal information

We collect personal information in a variety of ways, including:

  • from you directly (such as when you interact with us in writing, electronically or by telephone);
  • when you communicate with us through our website and Platform;
  • social media (such as LinkedIn and Facebook); and
  • from your agents (including advisers and secondary users) in accordance with our Terms and Conditions.

The purposes for which we collect, hold, use and disclose personal information

We collect, hold, use and disclose personal information for a range of purposes including:

  • to supply our products and services to you;
  • to process your transactions and communicate with you about those transactions;
  • to respond to your enquiries about the Independent Reserve’s Platform;
  • to process payments made to us;
  • to carry out research, planning, service development, security and risk management;
  • to contract out some of our functions to external service providers and suppliers (such as advertising, marketing and campaign managers, market research and recruitment);
  • for our administrative purposes and internal record keeping;
  • to provide you with customer service or technical support and deal with any complaints or feedback you have;
  • to prevent or investigate illegal or potentially illegal activities;
  • to perform research and analysis and improve or develop Independent Reserve’s Platform;
  • to maintain, manage and develop our relationships with our customers, suppliers and contractors;
  • to assess and consider applications from prospective employees, contractors and service providers;
  • to develop and manage relationships with our employees, contractors and service providers;
  • to manage insurance; and
  • to conduct further searches and enquiries regarding the information you have provided to us or more generally to collect additional personal information about you or your associates for our regulatory or prudential purposes.

As a part of verification processes for the purpose of complying with the Anti-money Laundering and Counter-terrorism Financing Act 2006 (Cth) (AML/CTF Act) and associated rules and regulations, we may need to disclose your full name, residential address and date of birth to a service provider, who may provide such information to a credit reporting agency for the purpose of providing an assessment of whether this identification information matches (in whole or in part) personal information held by the credit reporting agency. Further document verification services may be conducted involving personal details being checked with the document issuer or official record holder. The credit reporting agency may compare your details with personal information held by the agency (being the names, residential address and dates of birth of other individuals) for the purposes of making this assessment. The assessment will be provided to Independent Reserve, or its agent, for the sole purpose of verifying your identity. If Independent Reserve, or its agent, is unable to verify your identity using information held by a credit reporting agency, Independent Reserve will provide you with a notice that an alternative means of verifying your identity may be required for the purposes of complying with the AML/CTF Act. By proceeding with your application, you are confirming you have read and accept the Privacy Policy and provide your express consent to Independent Reserve disclosing your personal information to a credit reporting agency or document issuer or official record holder for the purposes of the AML/CTF Act.

We may use and disclose your personal information for other purposes required or authorised by or under law (including purposes for which you have provided your consent).

Direct Marketing

We may use your personal information so we can contact you with information about our products and services, special offers, promotions and events that may be of interest to you.

We may contact you by email, mail or telephone .If you do not wish to receive promotional offer you may unsubscribe from receiving these communications at any time by contacting us at support@independentreserve.com.

What if you don’t provide personal information to us?

If you do not provide us with some or all the personal information that we ask for, we may not be able to verify your identity and as such you may not be able to open an account with Independent Reserve or use our Platform.

You can contact us to make a general query without using your name or by using a pseudonym. However we may need your name or contact details to respond to you.

Disclosure of personal information to third parties

Your advisers

If you ask us to, we will share your personal information with your financial adviser, or other professional and business advisers (such as lawyers and auditors). This could include making information held in your Independent Reserve account available for viewing by your advisers through the Iress Platform.

Multi-users

We will share your personal information with any secondary user granted access to your account in accordance with our Terms and Conditions.

Other third parties

In conducting our business, we may disclose your personal information to third parties for the purposes outlined above. These third parties may include, where appropriate:

  • our related companies (including Independent Reserve SG Pte Limited);
  • financial institutions and payment services providers for payment processing;
  • identity verification services;
  • our contracted service providers, including:

    • IT service providers;
    • marketing, promotional and market research agencies; and
    • external business advisers (such as auditors and lawyers);
  • in the case of a sale of our business (in whole or in part) to the purchaser (as an asset of the business); or
  • if you are a job applicant, referees whose details you provide to us.

We may disclose your information to law enforcement agencies in Australia if requested as part of an investigation or to other third parties and for other purposes where we are required or authorised by or under law to do so (including where you have provided your consent).

We do not sell, trade, or rent your personal information to others.

Overseas disclosures of personal information

Some of our service providers and related companies are located outside Australia. As a result, personal information collected and held by us may be transferred to recipients in other countries. In particular, we may disclose personal information to our related companies located in Singapore. We may also use service providers located in a range of countries to conduct identity verification.

We may disclose personal information to external service providers located overseas in New Zealand and the United States so that they can provide us with services in connection with the operation of our business, such as marketing services and data storage.

How we hold personal information

We generally hold personal information in computer systems, including computer systems operated for us by our service providers. We take reasonable steps to protect personal information from misuse, interference, loss, and unauthorised access, modification or disclosure. This includes taking appropriate security measures to protect electronic materials and requiring our service providers to do so.

We store hardcopy files in offices and cupboards within an access controlled premises. Under our records managements system, access to files is appropriately limited. We may apply additional security measures limiting access to information about files or store files in locked cupboards or access restricted rooms as necessary or desirable based on our clients' needs.

We store electronic records within our own secure network and through third party data storage providers. Personal information within our network is password protected and access is appropriately limited.

Our third party data storage providers are required to protect personal information in accordance with applicable laws and take appropriate technical and organisation measures against unauthorised or unlawful use of personal information or its accidental loss, destruction or damage.

Access and correction

You have a right to request access to personal information that we hold about you and request its correction if it is inaccurate, out of date, incomplete, irrelevant or misleading.

To protect your privacy and the privacy of others, we may require evidence of your identity before we can give you access to information about you or change it.

If you wish to access or correct your personal information, you should contact us via the Support screen or by contacting us at support@independentreserve.com. We do not charge for receiving a request for access to personal information however we may charge you for our reasonable expenses incurred in providing you with access to your information. Charges will include the cost of our staff to compile the records requested, any postage charges and development costs for any bespoke data requests.

In some limited situations, we may need to refuse access to your personal information or refuse a request for correction. We will advise you as soon as possible after your request if this is the case and the reasons for our refusal.

Anonymous data

We use technology to collect, store and use anonymous data about how you use our website / mobile technology. For example, when you browse our website our service provider logs your server address, the date and time of your visit, the pages and links accessed and the type of browser used. We use this information to recognise you as a customer and user of the Independent Reserve’s platform, and to improve the content and functionality of our website, to better understand our clients and markets and to improve our services. This information alone cannot be used to discover your identity.

Cookies

Cookies are small pieces of information which are sent to your browser and stored on your computer’s hard drive. Cookies allow websites and browsers to operate more efficiently, improve your browsing experience as well as to provide anonymised information to the owners of the site.

We may use cookies on our website to recognise you as a customer and user of Independent Reserve’s Platform, to customise our services and advertising, and to collect information in order alleviate the risk of fraud and illegal conduct.

We may also utilise cookies to assist in delivering targeted advertising campaigns at certain times through third party sites.

You can set your browser to notify you when you receive a cookie so that you can decide if you want to accept it. You can also de-activate the use of cookies if you do not want to receive targeted advertising however; although this may impact the operation of the website. In order to provide a more user-friendly experience and enhance security, cookies will also be used to allow our website to recognise your computer when you return in the future.

What happens if you want to complain?

We welcome your questions and comments about how we manage your privacy. If you have any concerns about whether we have complied with the Privacy Act, the Australian Privacy Principles or this Privacy Policy, please contact our Privacy Officer at support@independentreserve.com.

We will consider your complaint through our internal complaints resolution process and we will try to respond with a decision within 30 days of you making the complaint. If you are not satisfied with our response, you can contact us to discuss your concerns or lodge a complaint with the Australian Information Commissioner (oaic.gov.au).

If you would like to complain about a breach of the Australian Privacy Principles, you may contact our Privacy Officer at the details below. We will respond to complaints within a reasonable period of time (usually 30 days). If you disagree with our decision, you may refer your complaint to the Office of the Australian Information Commissioner by visiting www.oaic.gov.au, calling 1300 363 992 or by emailing enquiries@oaic.gov.au.

Amendments to the policy

We may from time to time vary this Privacy Policy. Please check our website regularly for an up-to-date version of our Privacy Policy.

Privacy Policy

Last updated: 16 October 2024

Independent Reserve SG PTE. LTD (“Independent Reserve”, “we”, “us” or “our” or us) works together with banks and financial institutions that are required by law to take steps to prevent fraud, money-laundering and terrorist-financing. Given the nature of our core business, we take the privacy and security of an individual’s personal information very seriously.

This Privacy Policy has been drafted solely in accordance with the laws of Singapore and the Personal Data Protection Act (PDPA). We do not represent or warrant that this Privacy Policy complies with the privacy laws of any other jurisdiction. The PDPA governs the way in which we may collect, use and disclose personal data about any individual (you). This Privacy Policy sets out the manner in which we comply with our obligations under the PDPA.

Privacy & Personal Data Protection Policy

We are committed to protecting your personal information and your right to privacy.

If you have any queries or concerns about our policy or our conduct pertaining to your personal information, please contact us.

This Privacy Policy governs the privacy policies and practices of this website (“the Site”).

Please read our Privacy Policy carefully as it will help you make informed decisions about sharing your personal information with us.

Personal Data Protection of your Personal Information

“Personal Information” shall mean personally identifiable information relating to yourself that Independent Reserve shall require from time to time in order to comply with its “Know Your Client/Client Due Diligence” policy and/or any relevant law, regulation, notice or guideline issued by any competent authority, relating to money laundering and the prevention of terrorist financing.

You expressly acknowledge, agree and understand that we shall retain your Personal Information on our electronic database and in respect of which, you expressly agree as follows:

  • that the Personal Information may be made available to employees, representatives and/or any affiliates of Independent Reserve.
  • that we, our employees, representatives, affiliates and/or subcontractors shall be entitled to use your Personal Information to enable us to conduct our due diligence measures on an ongoing basis as prescribed by prevailing Anti-Money Laundering and Terrorist Financing laws and regulations both within and outside Singapore, and that such Personal Information may be shared upon request by relevant regulatory, government and law enforcement agencies.
  • that we, our employees, representatives, and/or affiliates shall be permitted to transfer and retain your Personal Information to our centralised electronic database and use it for the purposes as aforementioned, for so long as we shall provide the Services contemplated herein, and for 7 years thereafter, in accordance to relevant record retention requirements.

That we, our employees, representatives, and/or our affiliates shall, insofar as shall be necessary to enable the Personal Information to be utilised in accordance with the clause above, be released from any and all laws and regulations in Singapore, related to our legal and professional secrecy obligations in connection with such Personal Information, in so far as we, our employees, representatives and/or any of our affiliates protect your Personal Information in accordance to the same standards as that accorded under the Personal Data Protection Act 2012.

Data Protection

We understand and acknowledge that to the extent that performance of our obligations hereunder involves or necessitates the processing of your Personal Information we shall, and shall procure that our employees, representatives, affiliates and/or subcontractors, if any, shall act only on instructions or directions received from us (or, in the case of processing by our subcontractors, directions from us) and shall comply promptly with all such instructions or directions received from us from time to time and shall take and implement, and procure the taking and implementing by subcontractors of, such reasonable security procedures and measures as may be necessary or appropriate to preserve the security and confidentiality of such Personal Information processed and to protect such Personal Information against unauthorized or unlawful access, processing, accidental loss, destruction or damage. We may from time to time transfer Personal Information that we process under these terms of services outside Singapore for processing either by our affiliates, subcontractors and/or third parties, and you the user acknowledge that you are aware of such proposed data transfers in respect of all data processing activities by Independent Reserve and our employees, representatives, affiliates and/or subcontractors under the Personal Data Protection Act 2012.

We will notify you as soon as reasonably practicable upon becoming aware of any adverse event involving the use of your Personal Information, including but not limited to, events which may disrupt normal operations leading to potential prolonged service failure or disruption and breaches of confidentiality.

Collection, use and disclosure

We collect personal data from customers for identity verification purposes under anti-money laundering and fraud prevention laws and for establishing your account in accordance to your preferred usage, which may involve telegraphic transfers, SWIFT, FAST and PayNow.

We only use and disclose personal data collected in this manner insofar as necessary in order to provide our services to you, which may involve (amongst others) integration with identity verification and related services, establishing a payment gateway account for you, or as otherwise required by law, including compliance with the laws governing transfers of virtual assets to unhosted wallets and/or hosted wallets with third party Virtual Asset Service Providers.

There are also a few limited circumstances in which we may collect personal data directly from you. This is limited to circumstances where you make direct contact with us by telephone or in writing, or via our website at independentreserve.com/sg. We will only use personal data collected in this manner for the purpose of communicating with you (and/or your elected secondary users) or otherwise in accordance with the purpose for which you provided your personal data.

The personal data we collect

The type of personal data which we may collect from customers includes your name, current and previous addresses, date of birth, telephone number, National Registration Identity Card (NRIC) number, driver licence number, passport number and any other data which may be relevant for the purposes of accurately verifying your identity. We require our third party providers and corporate customers to comply with all relevant privacy and data protection laws (including, where necessary, obtaining the appropriate express or implied consent from you at the time your personal data is collected) in order for such information to be lawfully used for identity verification and related purposes.

We do not collect, use or disclose any sensitive data about any person beyond that which has been accorded for within this Privacy Policy. This includes a person’s racial or ethnic origin, political opinion, political association (except in so far as this constitutes you being deemed a Politically Exposed Person), religious belief or affiliation, philosophical belief, trade union or association, sexual preference or health information.

We do not use or adopt as our own identifier any individual identifier assigned by any other organisation.

Security

We take all reasonable steps (including the employment of appropriate security systems and procedures) to ensure all data held by us is safe and secure. Such security measures include physical protection and electronic encryption to prevent any unauthorised access.

Quality

We take all reasonable steps to ensure that any personal information that we collect and use is accurate, complete and up-to-date.

Access and correction

You have a right to access your personal information, subject to some exceptions allowed by law. If you wish to access your personal data, you should contact us via the Support screen. We reserve the right to charge a fee for searching for and providing access to your information.

Destruction

Where we determine, acting reasonably, that personal data held in respect of an individual is no longer needed for our functions or the services we provide, we will permanently destroy or de-identify that data, subject to prevailing record retention periods as prescribed under applicable regulatory requirements in Singapore.

Cookies

We collect anonymised data, through the use of "cookies". Cookies are small pieces of information which are sent to your browser and stored on your computer’s hard drive. We may use cookies to recognise you as a customer and user of Independent Reserve’s Service, to customise our services and advertising, and to collect information in order to alleviate the risk of fraud and illegal conduct.

We may also utilise cookies to assist in delivering targeted advertising campaigns at certain times through third party sites. Personally identifiable data is not captured by the cookies used for advertising.

How to opt-out

You may opt-out of receiving targeted advertising by visiting the NAI and AdChoices opt-out pages.

Amendments to the policy

We may update this Privacy Policy from time to time. Please check our website regularly for an up-to-date version of our Privacy Policy.

隐私政策

更新日期: 2024年7月30日

Independent Reserve 新加坡私人有限公司(“Independent Reserve”, “我方”) 与法律要求的银行和金融机构合作,采取措施以预防欺诈、洗钱和恐怖主义融资。鉴于我方核心业务的性质,我方非常重视个人信息的隐私和安全。

本隐私政策完全根据新加坡法律和《个人资料保护法令》(PDPA) 拟定。我方不声明或保证本隐私政策符合任何其他司法管辖区的隐私法。PDPA 规定了我方收集、使用和披露任何 (贵方)个人数据的方式。本隐私政策规定了我方遵守 PDPA 义务的方式。

隐私和个人数据保护政策

我方致力于保护贵方的个人信息和隐私权。 若贵方对我方的政策或我方与贵方的个人信息有关的行为有任何疑虑,敬请与我方联系。

本隐私政策适用于本网站的隐私政策和惯例。 请仔细阅读我方的隐私政策,它将帮助贵方做出明智决定,确定是否与我方共享个人信息。

个人信息的个人数据保护

个人信息”是指与贵方相关的可识别个人信息,Independent Reserve 可能会不时要求贵方提供,以便符合“了解您的客户/客户尽职调查”政策和/或由任何主管机构发布的与反洗钱和防止恐怖主义融资相关的任何相关法律、法规、通知或指导方针。 贵方明确承认、同意并理解,我方将在我方的电子数据库中保留贵方的个人信息,贵方明确同意如下内容:

  • 个人信息可提供给 Independent Reserve 的员工、代表和/或任何关联公司。
  • 我方、我方员工、代表、关联公司和/或分包商有权使用贵方个人信息,以便让我方能够按照新加坡境内外现行的反洗钱和反恐怖主义融资法律法规,开展持续的尽职调查措施,并且此类个人信息可应相关监管、政府和执法机构的要求进行共享。
  • 我方、我方员工、代表和/或关联公司,有权将贵方个人信息转移并保留至我方的集中电子数据库,并将其用于前述目的,按照相关记录保留要求,可在提供本协议约定的服务期间以及之后的7年内使用。

为使个人信息能够根据上述条款使用,只要我方、我方员工、代表和/或任何我方关联公司在保护贵方个人信息方面符合 2012 年通过的《个人资料保护法令》(PDPA)所规定的标准,那么我方、我方员工、代表和/或我方关联公司应在必要范围内免除所有与此类个人信息相关的法律和专业保密义务的新加坡法律和法规。

数据保护

我方理解并承认,在履行本协议项下的义务涉及或需要处理贵方个人信息的情况下,我方应当确保我方及我方员工、代表、关联公司和/或分包商(如有)仅根据我方接收到的指示或指令行事(或在我方分包商进行处理时,根据我方指示行事),并应及时遵守我方不时收到的所有此类指示或指令,并采取和执行必要或适当的合理安全程序和措施,以保护经处理的个人信息的安全性和机密性,并保护此类个人信息免受未经授权或非法访问、处理、意外丢失、破坏或损害。我方可能会不时将根据本服务条款处理的个人信息转移至新加坡境外进行处理,无论是由我方关联公司、分包商和/或第三方进行处理,贵方作为用户应知悉,根据 2012 年《个人资料保护法令》,贵方了解在 Independent Reserve 以及我方员工、代表、关联公司和/或分包商进行的所有数据处理活动中,存在此类拟议的数据转移。

一旦发现任何涉及使用贵方个人信息的不利事件,包括但不限于可能扰乱正常运营,导致潜在长期服务故障或中断的事件以及保密性违规事件,我方将在合理可行的情况下尽快通知贵方。

收集、使用和披露

我方收集客户的个人数据,用于根据反洗钱和欺诈预防法进行身份验证,并根据贵方的首选方式创建贵方账户,其中可能涉及电汇、SWIFT、FAST 和 PayNow。 我方仅在必要时使用和披露以此方式收集的个人数据,以便为您提供服务,其中可能涉及身份验证和相关服务的集成,为贵方建立支付网关账户,或根据法律要求的情况下使用和披露,包括遵守有关将虚拟资产转移至非托管钱包和/或第三方虚拟资产服务供应商托管钱包的法律。

在某些有限的情况下,我方可能会直接从贵方处收集个人数据。这仅限于贵方通过电话或书面形式,或通过我方网站 www.independentreserve.com/sg/zh 与我方直接联系的情况。我方仅将以这种方式收集的个人数据用于与贵方(和/或您指定的子用户)沟通,或按照贵方提供个人数据的目的使用。

我方收集的个人数据

我方可能从客户处收集的个人数据类型包括:贵方姓名、当前和之前的地址、出生日期、电话号码、国民注册身份证(NRIC) 号码、驾照号码、护照号码,以及可能与准确验证贵方身份相关的任何其他数据。我方要求我方的第三方供应商和公司客户遵守所有相关的隐私和数据保护法律(包括在必要时收集贵方个人数据时,获取贵方的适当明示或暗示同意),以便将此类信息合法地用于身份验证和相关目的。

我方绝对不会收集、使用或披露本隐私政策规定之外的任何人的任何敏感数据。这包括个人的种族或族裔、政治观点、政治关联(构成被视为政治公众人物的情况除外)、宗教信仰或隶属关系、哲学信仰、工会或协会、性取向或健康信息。

我方不使用或采用任何其他组织分配的任何个人标识符作为我方自己的标识符。

安全性

我方采取一切合理措施(包括采用适当的安全系统和程序)以确保我方持有的所有数据安全可靠。此类安全措施包括物理保护和电子加密,以防止任何未经授权的访问。

质量

我方采取一切合理措施确保我方收集和使用的任何个人信息均为准确、完整和最新。

访问和更正

贵方有权访问贵方的个人信息,但法律允许的某些例外情况除外。若贵方想访问贵方的个人数据,请通过 Support 页面与我方联系。我方保留对搜索和访问贵方信息收取费用的权利。

销毁

在我方合理确定我方的职能或提供的服务不再需要个人持有的个人数据,我方将永久销毁或取消识别该数据,但仍会遵守新加坡适用监管要求规定的现行记录保留期限。

Cookie

我方通过使用 “Cookie” 收集匿名数据。Cookie 是发送至浏览器并存储于计算机硬盘驱动器中的小段信息。我方可能会使用 Cookie 将贵方识别为 Independent Reserve 服务的客户和用户,定制我方服务和广告,并收集信息以降低欺诈和非法行为的风险。

我方还可能利用 Cookie 协助在特定时间通过第三方网站进行有针对性的广告活动。用于广告的 Cookie 不会捕获个人身份数据。

如何选择退出

通过访问 NAI 和 AdChoices 选择退出页面,贵方可以选择退出接收目标广告。

政策修订

我方可能会不时更新本隐私政策。请定期查看我方网站,获取隐私政策的最新版本。

Privacy Policy

Last updated: 16 October 2024

bitcoin.com.au. (we, us or bitcoin.com.au) is bound by the Privacy Act 1988 (Cth), including the Australian Privacy Principles. This Policy describes our policies and practices for collecting, handling, storing, using and disclosing personal information for the purposes of our functions and activities. It also deals with how you can complain about a breach of the privacy laws, access the personal information we hold about you and have that personal information corrected (where necessary).

What is personal information?

'Personal information' is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not. Examples include an individual name, address, contact number and email address.

‘Sensitive information’ is a special category of personal information. Sensitive information includes health information and information about an individual’s race or ethnic origin, philosophical beliefs, membership of a professional or trade association, membership of a trade union, religious or philosophical beliefs.

The kinds of personal information we collect and hold

We collect and hold a range of personal information in carrying out our business and functions as a cryptocurrency and Bitcoin exchange. The kinds of personal information we collect and hold about you will depend upon the nature of our relationship with you and the circumstances of collection, including whether we collect the information from you as a customer, supplier, job applicant or some other capacity.

For example, if you are a customer:

  • your identity and contact details including; name, previous and current address, email address, Tax File Numbers, phone number, date of birth, gender, passport or other identification details;
  • payment information and transaction history in connection with account;
  • IP address or MAC address when using our website or mobile applications (and other associated details, including the city associated with your IP or MAC address, the date and time of your visit to our website, pages viewed, the URL of the website that you viewed before our website and the type of browser you use);
  • your feedback and, opinions about our products and services; and
  • information relating to your dealings with us and our related entities, including insights about you so that we can better understand your preferences and interests.

If you apply for a job with us, we may collect your name and contact details as well as information in relation to your past or current employment. If you are or become an employee, the handling of your personal information may be exempt from the APPs if it’s directly related to your current or former employment relationship with us.

If you deal with us in some other capacity, we may collect your name and contact details and any other information you choose to provide to us.

We do not generally collect sensitive information and we will only collect sensitive information about you with your consent (unless we are otherwise required or authorised by or under law to do so).

If you provide us with personal information about another person, please make sure that you tell them about this privacy policy.

How do we collect personal information

We collect personal information in a variety of ways, including:

  • from you directly (such as when you interact with us in writing, electronically or by telephone);
  • when you communicate with us through our website and Platform;
  • social media (such as LinkedIn and Facebook); and
  • from your agents (including advisers and secondary users) in accordance with our Terms and Conditions.

The purposes for which we collect, hold, use and disclose personal information

We collect, hold, use and disclose personal information for a range of purposes including:

  • to supply our products and services to you;
  • to process your transactions and communicate with you about those transactions;
  • to respond to your enquiries about the bitcoin.com.au Platform;
  • to process payments made to us;
  • to carry out research, planning, service development, security and risk management;
  • to contract out some of our functions to external service providers and suppliers (such as advertising, marketing and campaign managers, market research and recruitment);
  • for our administrative purposes and internal record keeping;
  • to provide you with customer service or technical support and deal with any complaints or feedback you have;
  • to prevent or investigate illegal or potentially illegal activities;
  • to perform research and analysis and improve or develop the bitcoin.com.au Platform;
  • to maintain, manage and develop our relationships with our customers, suppliers and contractors;
  • to assess and consider applications from prospective employees, contractors and service providers;
  • to develop and manage relationships with our employees, contractors and service providers;
  • to manage insurance; and
  • to conduct further searches and enquiries regarding the information you have provided to us or more generally to collect additional personal information about you or your associates for our regulatory or prudential purposes.

As a part of verification processes for the purpose of complying with the Anti-money Laundering and Counter-terrorism Financing Act 2006 (Cth) (AML/CTF Act) and associated rules and regulations, we may need to disclose your full name, residential address and date of birth to a service provider, who may provide such information to a credit reporting agency for the purpose of providing an assessment of whether this identification information matches (in whole or in part) personal information held by the credit reporting agency. Further document verification services may be conducted involving personal details being checked with the document issuer or official record holder. The credit reporting agency may compare your details with personal information held by the agency (being the names, residential address and dates of birth of other individuals) for the purposes of making this assessment. The assessment will be provided to bitcoin.com.au, or its agent, for the sole purpose of verifying your identity. If bitcoin.com.au, or its agent, is unable to verify your identity using information held by a credit reporting agency, bitcoin.com.au will provide you with a notice that an alternative means of verifying your identity may be required for the purposes of complying with the AML/CTF Act. By proceeding with your application, you are confirming you have read and accept the Privacy Policy and provide your express consent to bitcoin.com.au disclosing your personal information to a credit reporting agency or document issuer or official record holder for the purposes of the AML/CTF Act.

We may use and disclose your personal information for other purposes required or authorised by or under law (including purposes for which you have provided your consent).

Direct Marketing

We may use your personal information so we can contact you with information about our products and services, special offers, promotions and events that may be of interest to you.

We may contact you by email, mail or telephone .If you do not wish to receive promotional offer you may unsubscribe from receiving these communications at any time by contacting us at support@bitcoin.com.au.

What if you don’t provide personal information to us?

If you do not provide us with some or all the personal information that we ask for, we may not be able to verify your identity and as such you may not be able to open an account with bitcoin.com.au or use our Platform.

You can contact us to make a general query without using your name or by using a pseudonym. However we may need your name or contact details to respond to you.

Disclosure of personal information to third parties

Multi-users

We will share your personal information with any secondary user granted access to your account in accordance with our Terms and Conditions.

Other third parties

In conducting our business, we may disclose your personal information to third parties for the purposes outlined above. These third parties may include, where appropriate:

  • our related companies (including Independent Reserve SG Pte Limited);
  • financial institutions and payment services providers for payment processing;
  • identity verification services;
  • our contracted service providers, including:

    • IT service providers;
    • marketing, promotional and market research agencies; and
    • external business advisers (such as auditors and lawyers);
  • in the case of a sale of our business (in whole or in part) to the purchaser (as an asset of the business); or
  • if you are a job applicant, referees whose details you provide to us.

We may disclose your information to law enforcement agencies in Australia if requested as part of an investigation or to other third parties and for other purposes where we are required or authorised by or under law to do so (including where you have provided your consent).

We do not sell, trade, or rent your personal information to others.

Overseas disclosures of personal information

Some of our service providers and related companies are located outside Australia. As a result, personal information collected and held by us may be transferred to recipients in other countries. In particular, we may disclose personal information to our related companies located in Singapore. We may also use service providers located in a range of countries to conduct identity verification.

We may disclose personal information to external service providers located overseas in New Zealand and the United States so that they can provide us with services in connection with the operation of our business, such as marketing services and data storage.

How we hold personal information

We generally hold personal information in computer systems, including computer systems operated for us by our service providers. We take reasonable steps to protect personal information from misuse, interference, loss, and unauthorised access, modification or disclosure. This includes taking appropriate security measures to protect electronic materials and requiring our service providers to do so.

We store hardcopy files in offices and cupboards within an access controlled premises. Under our records managements system, access to files is appropriately limited. We may apply additional security measures limiting access to information about files or store files in locked cupboards or access restricted rooms as necessary or desirable based on our clients' needs.

We store electronic records within our own secure network and through third party data storage providers. Personal information within our network is password protected and access is appropriately limited.

Our third party data storage providers are required to protect personal information in accordance with applicable laws and take appropriate technical and organisation measures against unauthorised or unlawful use of personal information or its accidental loss, destruction or damage.

Access and correction

You have a right to request access to personal information that we hold about you and request its correction if it is inaccurate, out of date, incomplete, irrelevant or misleading.

To protect your privacy and the privacy of others, we may require evidence of your identity before we can give you access to information about you or change it.

If you wish to access or correct your personal information, you should contact us via the Support screen or by contacting us at support@bitcoin.com.au. We do not charge for receiving a request for access to personal information however we may charge you for our reasonable expenses incurred in providing you with access to your information. Charges will include the cost of our staff to compile the records requested, any postage charges and development costs for any bespoke data requests.

In some limited situations, we may need to refuse access to your personal information or refuse a request for correction. We will advise you as soon as possible after your request if this is the case and the reasons for our refusal.

Anonymous data

We use technology to collect, store and use anonymous data about how you use our website / mobile technology. For example, when you browse our website our service provider logs your server address, the date and time of your visit, the pages and links accessed and the type of browser used. We use this information to recognise you as a customer and user of the bitcoin.com.au platform, and to improve the content and functionality of our website, to better understand our clients and markets and to improve our services. This information alone cannot be used to discover your identity.

Cookies

Cookies are small pieces of information which are sent to your browser and stored on your computer’s hard drive. Cookies allow websites and browsers to operate more efficiently, improve your browsing experience as well as to provide anonymised information to the owners of the site.

We may use cookies on our website to recognise you as a customer and user of the bitcoin.com.au Platform, to customise our services and advertising, and to collect information in order alleviate the risk of fraud and illegal conduct.

We may also utilise cookies to assist in delivering targeted advertising campaigns at certain times through third party sites.

You can set your browser to notify you when you receive a cookie so that you can decide if you want to accept it. You can also de-activate the use of cookies if you do not want to receive targeted advertising however; although this may impact the operation of the website. In order to provide a more user-friendly experience and enhance security, cookies will also be used to allow our website to recognise your computer when you return in the future.

What happens if you want to complain?

We welcome your questions and comments about how we manage your privacy. If you have any concerns about whether we have complied with the Privacy Act, the Australian Privacy Principles or this Privacy Policy, please contact our Privacy Officer at support@bitcoin.com.au.

We will consider your complaint through our internal complaints resolution process and we will try to respond with a decision within 30 days of you making the complaint. If you are not satisfied with our response, you can contact us to discuss your concerns or lodge a complaint with the Australian Information Commissioner (oaic.gov.au).

If you would like to complain about a breach of the Australian Privacy Principles, you may contact our Privacy Officer at the details below. We will respond to complaints within a reasonable period of time (usually 30 days). If you disagree with our decision, you may refer your complaint to the Office of the Australian Information Commissioner by visiting www.oaic.gov.au, calling 1300 363 992 or by emailing enquiries@oaic.gov.au.

Amendments to the policy

We may from time to time vary this Privacy Policy. Please check our website regularly for an up-to-date version of our Privacy Policy.

Terms & Conditions

Last updated: 16 October 2024

1. Acceptance

  1. By using the Platform, you expressly represent and warrant that you are agreeing to accept and comply with these Terms and Conditions.
  2. You should read the entire Terms and Conditions carefully before you use the Platform or any of the Services.
  3. Our Platform allows you to buy, sell, trade, hold and transfer Cryptocurrency ("Services").
  4. The transfer of Cryptocurrencies is only supported via the wallet addresses, which are visible to you on the "Accounts" page of the Platform. These wallet addresses are specific to you and each Cryptocurrency must be used in accordance with instructions provided to ensure successful transfer. Failure to follow instructions may result in irretrievable loss of Cryptocurrency.

2. Account

  1. Eligibility and application

    1. You must register for an Account to access the Platform and our Services. You can register for an Account via our Website.
    2. There are three types of Accounts:

      1. Standard Account;
      2. FastTrack Account;
      3. Multi-user Account.
    3. To be eligible to open an Account with us, you must:

      1. be an individual who is at least 18 years old; or
      2. be an Entity.
    4. The Platform is available only to residents located in the countries listed on https://www.independentreserve.com/au/help/getting-started and is not intended to be offered or made available to any person who resides outside of these countries. If you access this Platform outside of these countries, then you do so at your own risk and it is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Platform and Services.
    5. When applying for an Account, you must provide any information requested by us in order for us to provide complete access to the Platform and Services. You consent to your personal information being collected and used in accordance with Independent Reserve’s Privacy Policy. In addition, for the purposes of verifying your identity, you consent to:

      1. the verification of your personal information with credit bureau header files (for verification only);
      2. against records held by official document issuers or official record holders via third party systems; and
      3. your verification agent(s) acting as a nominated intermediary in accordance with Australian Privacy Act 1988, to access your personal information which is held by third parties. You also consent to the use by third parties of the results of any verification checks on your identity for the purposes of monitoring and improving their verification services.
    6. You may be eligible for a FastTrack Account, subject to the terms of these Terms and Conditions. A FastTrack Account gives you limited access to the Platform and Services (see clause 2.5 below for more detail). To be eligible for a FastTrack Account you must provide us with the FastTrack Information. We will only open a FastTrack Account for you if we have discharged all our anti-money laundering and counter-terrorism financing obligations. To access the full functionality of the Platform and Services, you will need to complete the further steps required by us to upgrade to a Standard Account.
  2. Changes

    1. You may only make changes to your Account with our consent.
    2. The type of changes that can be made by you will depend on whether you are the Account Owner or a secondary user. Clause 3 sets out the set-up of Multi-user Accounts and the authority that attaches to each type of Secondary User Account.
    3. We may require you to comply with our security procedures before we consent to any changes.
  3. Use

    1. Your Account is to be used only by you, any secondary user or any person nominated by you and approved by us in accordance with our policies and procedures.
    2. You may not assign or otherwise transfer your Account to any other person or entity.
    3. You are solely responsible for maintaining and protecting the confidentiality and security of your Account (including, but not limited to, your login credentials, two factor authentication device, linked email account, any bank account used in connection with your Account, phone number and any information you have provided in connection with your Account). We are not responsible or liable for any unauthorised access to, or use of, your Account (even where you may not be aware of such unauthorised access) except to the extent we have failed to take reasonable steps to secure the Platform.
    4. You must only deposit fiat currency into your Account from a bank account that is in the name of the Account holder or any other bank account nominated by you and approved by us in accordance with our policies and procedures.
    5. We may refuse to accept any fiat currency deposit that is received and marked for your Account from a bank account that is owned or operated by a third party. If we refuse to accept a deposit, the deposit will be returned to the originating bank account and will not be credited to your Account.
    6. You must link a bank account to your Account as part of the Account registration process and before any fiat currency withdrawals can be processed. This bank account will need to be in the name of the Account holder or an account we have otherwise approved for use in accordance with clause 2.3.4. All fiat currency withdrawals requested by you will be paid to your linked bank account. We will not process any fiat currency withdrawals to any other bank account.
    7. Before crediting or debiting any funds from your Account, we may, at any time, request additional information to verify whether you are the owner of a bank account or are authorised to operate a bank account.
  4. Agency

    1. You warrant that if you are creating an Account on behalf of an Entity you are authorised to create an Account and to use the Platform as an agent of the Entity.
    2. We may, in our complete discretion, require you to produce evidence that you are authorised to act on behalf of the Entity and you must provide us with any information we reasonably request for this purpose.
  5. FastTrack Account

    1. A FastTrack Account gives you limited access to some parts of the Platform and Services. You will not be able to access all parts of the Platform and Services until such time as you provide us with information (in addition to the FastTrack Information) that we require to assess your eligibility to be registered for a Standard Account and we have opened a Standard Account for you.
    2. By opening a FastTrack account, you acknowledge and agree that the usability of our Platform and Services is restricted until you have provided all necessary information. You agree that access to the API and all withdrawals of fiat currency and Cryptocurrency will remain restricted on your Account until you are issued with a Standard Account.
    3. If you are unable or unwilling to pass the full user verification process, Independent Reserve reserves the right to cease offering any Services to you and close your Account. If you have any fiat or Cryptocurrency in your Account when it is closed, any fiat or Cryptocurrency will be returned to the source address or bank account (as applicable). You may be asked to provide evidence of the source of a deposit to enable Independent Reserve to return your funds or Cryptocurrency to you. Normal fees apply to any required liquidation of Cryptocurrency or fiat if we close your Account.
    4. You are not permitted to appoint any Multi-user if you hold a FastTrack Account.
  6. Risks

    1. This clause outlines some of the risks (in no particular order of importance) that may be relevant to your use of the Platform and Services. This is not intended to be an exhaustive list of all relevant risks. You should consider all of the risks that may be relevant to your use of our Platform and Services and assess whether those risks are acceptable to you having regard to your financial circumstances and risk tolerance. If you are unsure, we strongly recommend that you do your own research and obtain your own financial, investment or professional advice.
    2. The trading or holding of Cryptocurrencies involves significant risk. Prices can and do fluctuate on any given day. Due to such price fluctuations, you may increase or lose value in your assets at any given moment. Any currency ‑ crypto or not ‑ may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.
    3. Cryptocurrency trading also has special risks not generally shared with conventional currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Cryptocurrencies are a unique kind of currency, backed by technology and trust. There is no central bank that can take corrective measure to protect the value of Cryptocurrencies in a crisis or issue more currency. Instead, Cryptocurrencies are an as-yet autonomous and largely unregulated worldwide system of currency firms and individuals.
    4. Traders put their trust in a digital, decentralised and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.
    5. Due to the significant risks associated with trading Cryptocurrency, as well as the impact of technology and the international market, we do not warrant or guarantee that particular Cryptocurrencies will be available on our Platform.
    6. We reserve the right to stop offering trades in relation to particular Cryptocurrencies on our Platform at any time for any reason. We will use our reasonable endeavours to notify you if we cease to support trading in particular Cryptocurrency. If this is the case, you will not be able to buy, sell, trade or transfer Cryptocurrency into any other currency, however you will be given the option to move the Cryptocurrency to another platform or third party.
    7. Cryptocurrency trading is susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Cryptocurrencies because of unexpected changes imposed by the software developers or others, a government or regulator crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems such as if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
    8. You agree to indemnify and hold us harmless for any losses incurred as a result of technical failures, hacks, government or regulator intervention or any other issue that negatively impacts the underlying blockchain, smart contracts or network of a Cryptocurrency listed on our Platform.
    9. While we endeavour to keep any Cryptocurrencies we hold for you safe (whether in cold storage, smart contacts in the blockchain or otherwise), there is a risk that the Cryptocurrencies may be lost, compromised, slashed or hacked for reasons outside of our control. This may result due to underlying issues or vulnerabilities in a network (including smart contracts), any actions or omissions from third party service providers or from intentional acts from hackers or other bad actors. Where possible, we will implement controls to mitigate the occurrence or potential impact of these risks. Despite this, there is still a risk that any Cryptocurrencies you hold with us may nonetheless be impacted. In these circumstances, you may seek to access any rights you have under these Terms and Conditions or at law.
    10. In the unlikely event we suffer a financial failure, we may not be able to settle our obligations under these Terms and Conditions as and when those obligations become due. This may mean we may not be able to meet any of our obligations under these Terms and Conditions (including any indemnity). This is often referred to as counterparty risk and is something that exists in every contract or agreement.
    11. There is also the risk that the regulatory landscape changes and any change may impact:

      1. our ability to comply with these Terms and Conditions;
      2. impact the value of your Cryptocurrencies;
      3. require additional disclosures;
      4. reduce the attractiveness of the Platform or Services; and
      5. in some extreme cases, may mean:

        1. the Platform or Services may need to be changed or withdrawn from the market; or
        2. conditions need to be imposed on your access to our Platform or Services.
    12. There may be additional risks that we have not foreseen or identified in our Terms and Conditions. You should consider all potential risks and you may wish to consult a professional adviser if you are unsure.
    13. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling, trading or holding cryptocurrencies.
    14. We use our banking and payments providers in order to accept deposits from you and make payments to you in fiat currency. Our banking providers do not transfer Cryptocurrencies, exchange Cryptocurrencies, or provide any services in connection with Cryptocurrencies.
    15. We are not required and do not hold an Australian Financial Services Licence and we do not provide any financial product advice, any financial products or any financial services. Nothing on our Platform is intended to be or should be taken as legal, financial, business or taxation advice. You should seek your own legal, financial, business, tax and accounting advice in relation to any Cryptocurrency activities.
  7. Credit and Debit Card Transactions

    1. You may be eligible to deposit fiat currency into your Account from a credit card or debit card.
    2. Fiat deposits made by credit card or debit card attract a transaction fee. You can view our full list of fees here.
    3. Your financial institution may charge you a transaction fee, cash advance fee, or similar, when you make a fiat deposit by credit card or debit card. These fees are not charged by us. Please check with your financial institution what fees may be charged prior to initiating a fiat deposit using your credit card or debit card.
    4. We use PayPal to securely process card deposits. Independent Reserve does not hold or store your card details.
    5. As the payment processor, PayPal’s involvement in the transaction is to facilitate the top-up of your fiat balance. PayPal’s service is considered complete once your account balance has been updated. Once complete, any issues related to your fiat account balance are outside of PayPal’s control, and PayPal is not responsible for any resulting consequences.
    6. After the card transaction has been successfully made, any transactions using your deposit balance are completed by Independent Reserve.
    7. A secondary user may not deposit fiat currency to your Account using any credit card or debit card in accordance with this clause 2.7 on your behalf.
  8. PayPal Transactions

    1. You may be eligible to deposit fiat currency into your Account from your PayPal account.
    2. Fiat deposits made by PayPal attract a transaction fee. You can view our full list of fees here.
    3. Your financial institution may charge you a transaction fee, cash advance fee, or similar, when you make a fiat deposit by PayPal depending on how you elect to fund your PayPal account. These fees are not charged by us. Please check with your financial institution what fees may be charged prior to initiating a fiat deposit using your PayPal account.
    4. We use PayPal to securely process these deposits. Independent Reserve does not hold or store your PayPal wallet details.
    5. As the payment processor, PayPal’s involvement in the transaction is to facilitate the top-up of your fiat balance. PayPal’s service is considered complete once your account balance has been updated. Once complete, any issues related to your fiat account balance are outside of PayPal’s control, and PayPal is not responsible for any resulting consequences.
    6. After the PayPal transaction has been successfully made, any transactions using your deposit balance are completed by Independent Reserve.
    7. A secondary user may not deposit fiat currency to your Account using any PayPal account in accordance with this clause 2.8 on your behalf.

3. Multi-user Accounts

  1. Appointment of secondary users

    1. We may allow you to nominate additional users to access your Account (each a "secondary user").
    2. Each secondary user will be required to create a separate Account with us in order to act as your secondary user using an invite link generated by us.
    3. Each secondary user must set-up a Secondary User Account for each time they are invited to become a secondary user regardless of whether that secondary user holds their own Standard Account or is an existing secondary user for another Multi-User Account.
    4. Where an individual is nominated as a secondary user for multiple Multi-User Account holders they are required to hold a separate Secondary User Account for each nomination.
    5. Any nominated secondary user must be:

      1. an individual who is at least 18 years old; and
      2. a resident located in one of the countries listed on https://www.independentreserve.com/au/help/getting-started.
    6. Your Account must be fully verified to nominate a secondary user. FastTrack Account holders are not able to nominate any secondary users.
    7. Provided that your Account is fully verified, you may nominate a secondary user either:

      1. at the time that you open a Standard Account and we have carried out all identification and verification procedures in accordance with these Terms and Conditions and our policies; or
      2. at a later time by following the instructions we provide to you through the Platform.
    8. A secondary user can only be nominated following the process that we detail from time to time in the Platform.
    9. We must consent to any nominated secondary user before that secondary user is provided with a link to set up their own log-in credentials for a Secondary User Account. As part of the set-up process, secondary user must agree to operate their Secondary User Account in accordance with these Terms and Conditions.
  2. Secondary user Types and Permissions

    1. When nominating an individual as a secondary user you must select what type of secondary user you want.
    2. You are able to nominate an individual as one of the following three secondary user types on your Account:

      1. Viewer
      2. Trader (Three different tiers of Trader are available):

        1. Trader with no withdrawals
        2. Trader with restricted withdrawals
        3. Trader with unrestricted withdrawals
      3. Administrator
    3. We will provide the details on the applicable permissions of each secondary user type in the "Manage Users" tab of your Account on the Platform. We strongly encourage you to read this information before selecting the secondary user type that will apply to any particular individual you wish to nominate as a secondary user.
    4. You may change the secondary user permissions at any time via the "Manage User" tab of your Account. Where you change a secondary user’s permission from "Viewer" to "Trader" or "Administrator", the secondary user must first meet the requirements set out in clause 3.6.1 before their access is changed.
    5. You may be appointed a secondary user of more than one Account. You will receive a separate invitation for each Secondary User Account and will have separate log-in credentials for each Secondary User Account.
    6. A secondary user that also holds a Standard Account for their personal trading is not able to access their Account whilst using the Secondary User Account. A secondary user will only be able to access one Secondary User Account at a time.
  3. Security Requirements

    1. To nominate secondary users on your Account, you must have two-factor authentication activated.
    2. Any Secondary User Account must also have two-factor authentication activated.
    3. Any secondary user will only be able to access your Account with their own log-in credentials for the Secondary User Account that is linked to your Account and the obligations in clause 2.3.3 apply to you and each of your secondary users. For the avoidance of doubt, this means you must not share your Account credentials with any person (including a secondary user) and a secondary user must not share their Account credentials with any person (including you or any other secondary users).
  4. User Management

    1. You are solely responsible for selecting a secondary user and agreeing to any terms and conditions between you and your secondary user (to the extent applicable) in which they may view, trade via or administer your Account.
    2. You are solely responsible for the administration and maintenance of all secondary users linked to your Account.
    3. You may, at any time, deactivate any secondary users from your Account by accessing the "Manage Users" tab of your Account.
    4. You must approve the linking of any secondary user, even if that secondary user was nominated by an existing "Administrator" type secondary user on your Account.
    5. Where a secondary user has their own Multi-user Account which has granted access to other secondary users, the secondary user under that Multi-user Account is not a secondary user of your Account and will not have any access rights to your Account.
    6. We do not in any way endorse, verify, attest, warrant or otherwise indicate that a secondary user nominated by you is appropriately skilled, competent or capable of operating your Account in accordance with the type of Secondary User Account and / or your needs and instructions.
    7. You are solely responsible for determining whether each secondary user you nominate is appropriately knowledgeable, skilled and trustworthy and has sufficient experience to operate, trade via or administer your Account in accordance with your needs and instructions.
    8. You indemnify and hold us harmless in respect of any acts or omissions of your secondary users and we will not be liable for any loss suffered by you as a result of any acts or omission of your secondary users, except to the extent that it directly arises from our negligent or wrongful acts or omissions.
    9. We may suspend or terminate your secondary user’s access to your Account if any of the circumstances in clause 8 apply or we otherwise reasonably form the view such suspension or termination is required to protect your Account or the Platform.
  5. Multi-User Account Limits

    1. Individual accounts:

      1. Only 1 "Administrator" type secondary user per Multi-user Account;
      2. Only 1 "Trader" type secondary user per Multi-user Account, irrespective of which type of "Trader" subauthorisation is granted;
      3. There is no limit to the amount of "Viewer" type secondary users per Multi-user Account.
    2. Company accounts:

      1. Up to 2 "Administrator" type secondary users per Multi-user Account;
      2. Up to 2 "Trader" type secondary users per Multi-user Account, irrespective of which type of "Trader" subauthorisation is granted;
      3. There is no limit to the amount of "Viewer" type secondary users per Multi-user Account.
  6. Secondary user Registration and Verification

    1. Any secondary user with "Trader" or "Administrator" access to your Account will be subject to identity verification checks and will be approved at our sole discretion in accordance with the applicable laws and our policy.
    2. Secondary users must provide Independent Reserve with all reasonably requested, identification documentation, personal details and other information that may be required to identify and screen the secondary user for the purposes of clause 3.6.1.
    3. Each nominated secondary user must be approved by us and is subject to us conducting the required identity verification checks in accordance with purposes of clause 3.6.1.
  7. No Change in Ownership or Obligations

    1. The existence of a secondary user does not in any way transfer, assign, encumber, dispose of or hypothecate any of the fiat currency or Cryptocurrency (or any rights in, or interests to, the fiat currency or Cryptocurrency) held in your Account at any time to any of the secondary users.
    2. The existence of a secondary user does not in any way change, reduce or assign any of the obligations that apply to you under these Terms and Conditions.
    3. A secondary user is not able to terminate your Account under these Terms and Conditions.
    4. A secondary user is able to add any linked bank account or external wallet without your express approval.
  8. Acknowledgement

    You acknowledge and agree:

    1. That your secondary users must read and agree to these Terms and Conditions before gaining access to their Secondary User Account;
    2. We are not involved, responsible or liable for any secondary user that is nominated by you and approved by us;
    3. We may provide personal information held about you to any one or more of your secondary users in accordance with our Privacy Policy.
    4. All secondary users will have access to your Account information including personal information;
    5. Any activity performed by a secondary user is taken to be performed on your behalf in accordance with your express instructions and consent;
    6. You will continue to be responsible and liable for any activity that is conducted by a secondary user in relation to your Account and any related activities and all such activities will be attributed to you;
    7. We, in our absolute discretion, may decline any trading or transfer instruction given by a secondary user, at any time. You agree that we may, at our discretion, require from you written or verbal confirmation of any instruction given by a secondary user. If we don’t request written or verbal confirmation for a trading or transfer instruction given by a secondary user, this does not imply that we endorse or otherwise take any responsibility or assume any liability for that trading or transfer instruction;
    8. We are not responsible or liable for:

      1. any loss or damage that may arise from your decision or non-decision to appoint a secondary user;
      2. any information or reporting that is provided to you by a secondary user;
      3. any trading or transfer of Cryptocurrency initiated by your secondary users;
      4. any loss or damage that may arise from any decision, activity, action or omission made by a secondary user on your Account;
      5. any applicable fees, commission, expenses or any other payments to your secondary user; and
      6. any tax liabilities that may arise or accrue as a result of any trading activity undertaken or transfer instruction initiated by a secondary user on your Account,

      except to the extent that it is a direct result of our negligent or wrongful acts or omissions.

4. Limited Rights of Use

  1. Rights

    1. We grant to you a personal, non-exclusive, non-transferable, revocable and limited right to enter and use the Platform and our Services. We reserve all rights, title and interest not expressly granted under this licence to the fullest extent possible under law. Any use of the Platform or Services not specifically permitted under these Terms and Conditions is strictly prohibited.
    2. You acknowledge and agree that the Platform and the Services are our property and are protected by copyright, intellectual property and other applicable laws.
    3. You may view, print and/or download a copy of any materials from the Platform on any single computer solely for your personal, informational, noncommercial use, provided you keep intact all copyright and other proprietary notices. You agree not to modify the material on the Platform in any manner or form, or to use modified versions of the Platform or any materials on the Platform, including without limitation for the purpose of obtaining unauthorised access to the Platform.
    4. You agree not to access our Services by any means other than through the Platform.
    5. The trademarks, service marks, product names, company names and logos used on the Platform are either owned by us or are licenced or used with permission from a third party owner. Any third party trademark, service mark, product name, company or logo remains the property of the respective owner.
    6. The software, text, images, graphics, data, prices, trades, charts, graphs, video, audio or other similar information used, displayed or otherwise made available on the Platform belong to us or is available to us under licence, unless otherwise stated. This information should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, whether manual or automated.

5. Maintaining Your Account

  1. Obligations

    1. By registering and holding an Account with us, you agree to:

      1. maintain and promptly update any information in your Account to keep it current, accurate, and complete;
      2. check your Account and monitor the movement of your Cryptocurrency including any pending, lapsed or cancelled transaction through your transaction history and to re-execute any transactions which fail;
      3. make deposits into your Account only in accordance with any instructions provided by us from time to time;
      4. not to allow others to access your Account at any time other than a secondary user that has been granted access to your Account in accordance with clause 3;
      5. not assist others in obtaining unauthorised access to any persons Account (this includes access between different Multi-user Accounts);
      6. fully cooperate with us in investigating any improper, unlawful or fraudulent access to or use of your Account or any other Account;
      7. contact us immediately if you believe that your Account (or a Secondary User Account) may be subject to any unauthorised access or other type of fraudulent activity or security breach. Failure to notify us in a timely manner may limit the options available to us to protect your Account. We will not be responsible or liable for any loss you suffer from any unauthorised access, fraudulent activity or security breach, except to the extent that such loss arises from our failure to take reasonable steps to secure the Platform;
      8. cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on the Account;
      9. not open more than one Account (excluding Secondary User Accounts) for yourself, by using a name that is not yours, using a temporary phone number or providing any other falsified personal information;
      10. not use the Services or Platform for any unlawful, fraudulent or improper activity, including for any experimental, testing or research purposes or otherwise in a manner for which the Services or Platform have not been designed;
      11. not use the service to engage in any criminal or restricted activities, including (but not limited) to:

        1. terrorist financing;
        2. money laundering;
        3. illegal gambling;
        4. distributing or funding drugs;
        5. malicious hacking; or
        6. other illegal or prohibited activities;
      12. not act in a manner that is defamatory, threatening or harassing;
      13. not cause or permit any damage to or otherwise interfere with our Platform, including the software and user interface by which you submit your information;
      14. not take advantage of any technical or technological error, loophole or glitch on the Platform or Services and, where you do take such advantage, we reserve all our rights to recover any proceeds that you make (whether or not they remain in the Platform);
      15. provide us with accurate, correct and valid information that we require and promptly notify us of any changes and you will not provide us with any false, inaccurate, misleading or deceptive information; or
      16. if you provide any inaccurate or incomplete information to us, or we have reasonable grounds to suspect you have, we may suspend or terminate your Account.
    2. The creation or use of Accounts without obtaining the prior express permission from us will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. Any attempt to do so or to assist others (Account holders or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such Account holders being terminated. Termination is not the exclusive remedy for such a violation, and we may elect to take further action against you.
    3. You are also responsible for maintaining the confidentiality and security of your Account information (including your password, two factor authentication device, linked email account, phone number, bank account used in connection with your Account and any other information that is provided in connection with your Account), safeguarding your own cryptocurrencies, and for all activity including Transactions that are posted to your Account. If there is suspicious activity related to your Account, we may, but are not obligated, to request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests, or we may terminate your Account. You are required to notify us immediately of any unauthorised use of your Account or Secondary User Accounts, log in credentials, two factor authentication device, linked email account, bank account used in connection with your Account, any other information that is provided in connection with your Account or any other breach of security. If you violate these rules, your Account may be terminated and you indemnify us for any losses that we or another Account holder may suffer as a result of you failing to notify us of any unauthorised access, fraudulent activity or security breach.

6. Trading

  1. You may buy or sell any Cryptocurrency by initiating a trade from your Account or by accessing our OTC Services.
  2. A trade may be made at:

    1. for trades initiated via your Account, the market price or by setting a limit price (where available); or
    2. for OTC Trades, at the price we quote.
  3. Once the trade has been executed, any:

    1. Cryptocurrency bought by you will be credited to your Account; and
    2. Cryptocurrency sold by you will debited from your Account and the sale proceeds will be credited to your Account in the fiat currency chosen by you. You may withdraw that fiat currency under clause 8.
  4. Once Cryptocurrency bought by you has been credited to your Account under clause 6.1.3(a), you may transfer that Cryptocurrency to another wallet or trading platform under clause 8 or sell that Cryptocurrency under clause 6. If you don’t transfer or sell that Cryptocurrency, then clause 7 will apply to any Cryptocurrency credited to and held in your Account.

7. Holding

  1. If you keep your Cryptocurrency in your Account and don’t sell it under clause 6 or transfer it out under clause 8, then we will hold that Cryptocurrency for you on a 1:1 basis until you transfer or sell that Cryptocurrency in accordance with these Terms and Conditions.
  2. We will hold all private keys for any Cryptocurrency we hold for you. We hold a majority of Cryptocurrency in secure offline cold storage protected in underground vaults.
  3. We don’t charge any fees for holding your Cryptocurrency. However, from time to time we may store some of your Cryptocurrency in smart contracts for on-chain staking protocols.
  4. If you choose to hold Cryptocurrency in your Account, you acknowledge and agree that we can store your Cryptocurrency in smart contracts for on-chain staking protocols and we don’t need to obtain any further consent from you to do so or provide you with any notice or details.
  5. If you don’t want us to store your Cryptocurrency in smart contracts for on-chain staking protocols, then you must immediately transfer out your Cryptocurrency under clause 8 or sell your Cryptocurrency under clause 6.
  6. If we store some of your Cryptocurrency in smart contracts for on-chain staking protocols, then we may earn staking rewards for doing so. You acknowledge and agree that we are absolutely entitled to those staking rewards and that:

    1. you do not have any entitlement to those staking rewards; and
    2. there is no intent or expectation by you or us that any staking rewards will be generated for you, for your benefit or on your behalf.
  7. If any of the Cryptocurrencies we hold for you under this clause are lost, compromised or slashed solely due to our own negligent or wrongful acts or omissions, we will indemnify you for that loss.
  8. While we will take all reasonable steps to protect any Cryptocurrency we hold for you, there are risks with us holding your Cryptocurrency. Please make sure you read the risks in clause 2.6 in relation to us holding your Cryptocurrency. If these risks are not acceptable to you, then you must immediately transfer out your Cryptocurrency under clause 8 or sell your Cryptocurrency under clause 6.

8. Transfers out of Platform

  1. Transfer

    1. You are responsible for the transfer of any Cryptocurrency by you or any secondary user out of your Account to another wallet or trading platform.
    2. You acknowledge and agree that we will not be responsible or liable for any fiat currency or Cryptocurrencies once you or any secondary user has transferred them from your Account to your linked bank account or other wallet or trading provider.
    3. You are solely responsible for ensuring that:

      1. your linked bank account details are correct for any fiat withdrawal; and
      2. any recipient wallet address is correct for any Cryptocurrency withdrawal, prior to submitting any withdrawal transaction.
    4. All Cryptocurrency transactions are irrevocable once sent and we take no responsibility for verifying recipient addresses for withdrawals from your Account. We are not able to cancel a transfer once it has been made.
    5. You must take precautions when withdrawing and storing your Cryptocurrency, especially when withdrawing from your Account to an overseas-based provider. We have prepared education articles on the dangers of withdrawing to overseas providers on our Protect your account and How to spot a Bitcoin scam pages. These articles are updated from time to time. You acknowledge and agree that:

      1. it is your responsibility to read these articles and to keep up to date on any changes;
      2. these articles are an educational tool only and are not intended to be a comprehensive list of all potential scams;
      3. the Australian Securities and Investment Commission or other regulators or government bodies may provide information or alerts about current scams, and it is your responsibility to review any such information prepared from time to time;
      4. it is your responsibility to ensure that any withdrawals from your Account are sent to a valid and correct address and for a valid purpose;
      5. we are not under any obligation to verify a withdrawal address or identify whether a withdrawal may be the subject of scam regardless of whether a scam has been listed in these articles or published elsewhere; and
      6. under no circumstances, will we be responsible or liable to you for any loss resulting from any transfer from your Account regardless of whether the scam is specifically contemplated in our articles or published elsewhere.

9. Debit Account Balances

  1. Debit Balances

    1. You are required to have sufficient funds in your Account to make any trade using the Platform.
    2. If at any time your Account has a debit balance, you agree to pay us:

      1. An Account overdraft fee determined by us from time to time to cover our reasonable costs and expenses arising from the debit Account balance; or
      2. The total debit balance including the Account overdraft fee.
    3. We may suspend or terminate your Account at any time and without notice to you if you fail to pay the outstanding debit Account balance and Account overdraft fees.
    4. If, after a demand is made by us, and you have not made payment of the outstanding debit balance, then:

      1. You authorise us to sell any Cryptocurrency in your Account to recover the outstanding balance; and
      2. You agree to indemnify us against all costs, expenses and losses incurred, including brokerage fees, taxes, overdraft fees and any other fees in connection with any transaction executed by us in accordance with this clause to recover the outstanding balance where you do not pay the outstanding debit balance.
    5. We reserve the right to engage a third party collection agency to recover any amounts you owe us under these Terms and Conditions without your consent. You will be liable to pay on demand all costs incurred by us in recovering the amounts you owe us under these Terms and Conditions, including debt collection fees and enforcement costs.

10. Termination

  1. You may terminate these Terms and Conditions, and close your Account at any time, following settlement of any pending transactions.
  2. You agree that we may, by giving notice, in our sole discretion terminate your access to the Platform, Services and Account, including without limitation to:

    1. limit, suspend or terminate your access and any or all of your secondary users’ access to the Services or Account;
    2. prohibit or restrict access to the Platform and its content, services and tools;
    3. delay or remove hosted content; and
    4. take any technical or legal steps to keep you from accessing the Platform or Services if we are of the reasonable belief that you are:

      1. creating problems or legal liabilities;
      2. infringing the intellectual property rights of us or any third parties; or
      3. acting in a manner that is inconsistent with or in breach of these Terms and Conditions.
  3. Additionally, we may, at our complete discretion, suspend, restrict, limit or terminate your Account for any reason, including without limitation, where:

    1. there are attempts to gain unauthorised access to the Platform, Services or another user’s Account (including any secondary user’s Account) or providing assistance to others who are attempting to do so;
    2. there are attempts to overcome software security features limiting the use of or protecting any content;
    3. there are attempts to use the Platform, Service or Account to perform any illegal activities such as:

      1. money laundering;
      2. illegal gambling operations;
      3. financing terrorism;
      4. funding drugs;
      5. malicious hacking; or
      6. any other criminal or prohibited activities,
    4. there is a violation of these Terms and Conditions, our Privacy Policy or our security procedures by you or any of your secondary users;
    5. there is a failure to pay for any transaction;
    6. there are unexpected technical or operational difficulties; or
    7. there is a request of law enforcement or other government agencies, if deemed to be legitimate and compelling by us, acting in our sole discretion.
  4. We also reserve the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of 6 months or more, and/or to modify or discontinue our Platform or Service. You agree that we will not be liable to you or to any third party for termination, suspension or restriction of an Account or access to the Platform and Services in accordance with these Terms and Conditions.
  5. The suspension of an Account shall not affect the payment of any fees due for past transactions that have been made on the Platform.
  6. Upon termination, you must provide us with all reasonable assistance to allow for the transfer of any fiat currency or Cryptocurrency credited to your Account. Cryptocurrency may not be transferred to a valid bank account. Cryptocurrency must be converted to fiat currency or sold before it can be transferred to your linked bank account.
  7. If you terminate your Account, we will sell all Cryptocurrency at the current market rate (less any applicable fees) into the fiat currency that you used to initially fund your Account.
  8. We will transfer fiat currency as soon as practicable following your request upon termination of your Account.
  9. We will send to you the credit balance of your Account, however, in some circumstances, a number of intermediaries may be involved in an international payment and these intermediaries or the beneficiary bank may deduct charges. We will use reasonable efforts to ensure that such charges are disclosed to you prior to sending your payment. However, you acknowledge and agree that these charges cannot always be calculated in advance, and that you are solely responsible and liable for such charges regardless of whether we disclose them to you.

11. Availability

  1. The Platform and Services are provided without warranty of any kind, whether express, implied, statutory or otherwise.
  2. We do not represent that the Platform and Services will be available 100% of the time to meet your needs or requirements.
  3. We will strive to provide you with the Service and access to the Platform as soon as possible but there are no guarantees that access will be uninterrupted, secure, or that there will be no delays, failures, errors, omissions or loss of transmitted information.
  4. We will use reasonable endeavours to ensure that the Platform and Services can normally be accessed by you in accordance with these Terms and Conditions.
  5. You agree that we are not responsible for temporary interruptions in service due to failure beyond our control including, but not limited to, the failure of interconnecting operating systems, computer viruses, and forces of nature, labour disputes, pandemics and armed conflicts.
  6. We may suspend use of the Platform or Services for maintenance and will make reasonable efforts to give you notice. You acknowledge and agree that this may not be possible in an emergency.

12. Market Volatility

If there is a period of high market volatility, high volume trades, rapid movements or illiquidity in the market, the market rate in which you are able to buy, sell or trade Cryptocurrency may vary from the price indicated on our Platform. We are not liable for any price variation due to market volatility, market or technology disruptions, delays or any other matters caused by things that are outside of our control. You acknowledge and agree that we will process your transaction at the current price. In certain circumstances, we may decide not to execute a trade if the market rate significantly increases or decreases or in the event of a market disruption or an event which is outside of our control and, in such cases, we may cancel any order and return the funds to your Account. We 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.

13. Limitation of Liability

  1. Limitation on Liability

    1. To the maximum extent permitted by law, we will not be held liable for any fines, penalties, taxes (except GST) and any exemplary, aggravated or punitive damages, liquidated damages or any indirect or consequential loss (including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, loss of contract, loss of production and loss of Cryptocurrency).
    2. Our total aggregate financial liability in respect of claims based on events arising out of or in connection with your use of the Platform or Services, whether in contract or tort (including negligence) or otherwise, will in no circumstances exceed the lesser of:

      1. the total amount held in your Account less any amount that may be due and payable to us in respect of your Account under these Terms and Conditions; or
      2. the amount of the transaction(s) that are the subject of any claim less any fees that may be due and payable in respect of such transaction(s).

14. Indemnity

  1. Indemnity

    1. To the maximum extent permitted by law, you hereby agree to indemnify us, and our partners, officers, directors, employees and agents against any action, liability, cost, claim, demand, loss, damage, proceeding or expense (Loss) of any nature arising under tort, statute, equity, contract or some other cause of action that we suffer as a result of:

      1. your and (your secondary users’) negligent or wrongful acts or omissions;
      2. your breach of any law, regulation or rules;
      3. any damage that you cause to our Platform or any other user, person or entity;
      4. your use of the Platform or Services; or
      5. your violation of these Terms and Conditions or Privacy Policy,
      but you will not be liable for any Loss to the extent such Loss is the direct result of our negligent or wrongful acts or omissions.

15. Treatment of Unallocated Deposits

  1. Treatment

    1. We may, at our complete discretion hold on trust for a user, Unallocated Deposits received in our bank accounts in accordance with our Unallocated Deposits policy.
    2. No trust relationship exists between us and you at any time and we do not hold any funds deposited by you on trust, other than in accordance with our Unallocated Deposits policy.
    3. We accept no liability or responsibility as a consequence of any personal loss or damages suffered by users if a trustee relationship was found to be established by depositing funds with us.
    4. Any funds held on trust by us in accordance with this clause are subject to fees being deducted while those funds remain unallocated.
    5. We are also entitled to any interest earned on the Unallocated Deposits.
  2. Making a Claim for Unallocated Deposits

    You are able to make a claim for the repayment of an Unallocated Deposit (less any accumulated fees) by contacting us through the support screen or by email support@independentreserve.com.

  3. Trustee of Unallocated Deposits

    1. After a deposit has been classified as an Unallocated Deposit, the deposit will be transferred to us as trustee of the deposit.
    2. We, as trustee, will hold the Unallocated Deposit on behalf of the depositor and we have an obligation to repay the Unallocated Deposit to the owner on demand.
    3. The Unallocated Deposit will incur:

      1. an unallocated deposit search fee of $250 (excl GST); and
      2. a monthly unallocated deposit management fee of 1% (excl GST).

16. AutoTrader

  1. Terms

    1. By electing to use our AutoTrader service, you are acknowledging that you have read and understood the information contained in the How does AutoTrader work? education page. You also acknowledge that you understand the details of the strategies available with the AutoTrader service and understand the risks involved in using the AutoTrader service.
    2. All AutoTrader strategies create either a buy or sell order in your Account when the trigger event occurs (e.g. a fiat deposit is credited to your account). AutoTrader strategies are accepted on a ‘best endeavours’ basis. In the event of system failure or adverse market conditions, we may cancel existing strategies and prevent any new strategies from being placed.
    3. AutoTrader strategies do not have an expiry date and are valid until you elect to cancel the strategy or your AutoTrader strategy is otherwise cancelled by us. It is your sole responsibility to maintain your AutoTrader strategies and ensure the strategies you have in place remain appropriate for you.
    4. We will use our best endeavours to obtain the best execution for you when your AutoTrader strategy conditions have been met and the orders have been placed. Obtaining the best execution means we will attempt to secure the best price outcome for you taking into consideration time, price, priority and current market conditions.
    5. Your AutoTrader strategy will execute once the conditions for your selected strategy have been met. For example: The AutoBuy strategy will execute after your fiat deposit has been processed by our systems and credited to your Account.
    6. It may not be possible for us to use all available fiat currency or Cryptocurrency to execute your AutoTrader strategy and we do not guarantee that an exact value or volume of fiat currency or Cryptocurrency will be traded. If there is any residual balance following our best endeavours to execute your strategy, the residual balance of fiat currency or Cryptocurrency will remain in your Account. Residual balances will not re-trigger your AutoTrader strategies.
    7. A secondary user acting on your behalf will be able to create an AutoTrader strategy for you unless they have a "Viewer" only authorisation. Any instruction to establish or cancel an AutoTrader strategy by a secondary user is taken to be an instruction by you in accordance with these Terms and Conditions. You indemnify and hold us harmless for any Loss suffered from any acts or omissions by a secondary user in relation to any AutoTrader strategy set-up, amended or removed by a secondary user, but you will not be liable for any Loss to the extent such Loss is the direct result of our negligent or wrongful acts or omissions in reflecting your AutoTrader strategies whether initiated by you or your secondary users.
  2. AutoTrader Risk Disclosure Statement

    1. This Risk Disclosure Statement does not include all risks associated with AutoTrader strategies and should not be relied on as a complete explanation of all risks associated with the AutoTrader service. You should consider all potential risks associated with AutoTrader having regard to your personal circumstances.
    2. Market conditions may make it impossible for us to execute the orders arising from your AutoTrader strategies. AutoTrader strategies and resulting buy and sell orders do not take any provision for unexpected rises or falls in the price of Cryptocurrencies. It is your sole responsibility to monitor market conditions and your AutoTrader strategies to ensure they remain appropriate for your circumstances. We reserve the right to revoke the AutoTrader service at any time without further notice to you. We are not liable for any loss or damage that you may incur as a result of ceasing to provide the AutoTrader service.
    3. To the extent permitted by consumer protection law, we are not liable for any loss or damage (including consequential loss, loss of profit and economic loss) that you incur as a result of delays in executing your AutoTrader strategy, system failures, and/or orders not being executed after your AutoTrader strategy triggers.

17. Privacy

When you use the Platform, we will collect personal information about you and your secondary users. Independent Reserve’s Privacy Policy is available at https://www.independentreserve.com/au/help/privacy-policy and Privacy Collection Notice is available at https://www.independentreserve.com/au/help/privacy-collection-notice

18. Miscellaneous

  1. If we are unable to perform the Services outlined in these Terms and Conditions due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy we will not have any liability to you with respect to the Services provided under these Terms and Conditions and for a time period coincident with the event.
  2. It is also your responsibility to seek professional advice with respect to your Account as well as to ensure that you are compliant with any obligations you may have.
  3. These Terms and Conditions published on the date you view them on our Platform supersede all prior versions.
  4. If any provision of the Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining parts of the Terms and Conditions will be in full force and effect.

19. Forked Blockchains and Airdrops

  1. Forked Blockchain

    1. We reserve the right to use our own discretion when deciding to support or not support any new token resulting from the fork of a blockchain.
    2. Customers are advised to withdraw Cryptocurrency to an address under their own control prior to a fork if they wish to have access to any resultant tokens.
    3. If we decide to support a forking event, you may opt-out of receiving any of the Cryptocurrency that results from the forking event by contacting the support team.
  2. Airdrop

    We reserve the right to use our own discretion when deciding to support or not support any airdrop event. We may decide to provide any airdropped Cryptocurrency to you following an airdrop event. If we decide to provide any Cryptocurrency as part of an airdrop event, you may opt-out of receiving any of the Cryptocurrency that results from the airdrop event by contacting the support team. A secondary user is not able to provide any instructions in relation to opting-out of an airdrop event on your behalf.

  3. Acknowledgement

    You acknowledge and agree that we are not responsible or liable for:

    1. any loss that may arise from your decision to participate or not participate in a forking event or airdrop event;
    2. any loss that may arise from any decision we make not to support any forking event or an airdrop event; and
    3. any tax liabilities that may arise or accrue as a result of any token that is issued arising from a forking event or an airdrop event and that you are fully responsible and liable for paying any applicable taxes in relation to any forking event or airdrop event, including at the time you sell, trade or transfer such token. You further acknowledge and agree that we do not and will not provide any tax guidance or advice in relation to any forking event or airdrop event to you and you may wish to consider engaging independent consultants/advisors to seek any advice in this regard in your sole discretion.

20. Modification of Terms

We reserve the right to change, amend, modify, add or delete any of these Terms and Conditions, at any time, in an exercise of our sole discretion. These 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) and will be notified to you on the first log-in to your Account after the change has occurred. Your continued use of the Platform and Services following any changes to the Terms and Conditions signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms and Conditions.

21. Governing Law

You acknowledge and agree that:

  1. Your use of the Site and these Terms and Conditions are governed by the laws of New South Wales; and
  2. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the New South Wales division of the Federal Court of New South Wales, and the courts of appeal from them.

22. Definitions

"Account" means a FastTrack Account, Standard Account and Multi-user Account.

"Account Owner" means the individual or Entity who owns the Standard or Multi-User Account.

"API" means an application programming interface, which is made available by us from time to time.

"App" means a mobile application made available by us that can be downloaded from the Apple App Store, Google Play Store or any other app store or market from time to time.

"Autotrader" means our automatic trading service, which allows you to create automated trading strategies.

"Cryptocurrency" means the coins, tokens, crypto, digital currency, or digital assets listed by us on our Platform from time to time.

"Entity" means one of the following:

  1. a proprietary company;
  2. an unlisted public company;
  3. a listed public company;
  4. a trust;
  5. a partnership;
  6. an association; or
  7. a cooperative.

"FastTrack Account" means a limited functionality account that allows you to deposit and trade on our Platform but not to withdraw from our Platform.

"FastTrack Information" means the information required for us to satisfy our anti-money laundering and counter-terrorism financing obligations that we request from you during your on-boarding.

"OTC Services" means any over-the-counter trading services we provide for Cryptocurrencies, which may be subject to additional terms and conditions.

"Platform" means the Website, App or other API made available by us from time to time through which we may provide our Services.

"Privacy Policy" means the privacy policy that we have available on our Website from time to time, accessible at https://www.independentreserve.com/au/help/privacy-policy.

"Services" means:

  1. the exchange services used to buy, sell, trade or transfer Cryptocurrency;
  2. the wallet services provided by us to hold Cryptocurrency; and
  3. any other services that are incidental to any of the above services.

"Standard Account" means an account that we have created to enable you to use the Platform.

"Secondary user" means an individual person that has been granted access to your Multi-user Account in accordance with clause 3 of these Terms and Conditions.

"Multi-user Account" means an account that we have created in accordance with clause 3 of these Terms and Conditions for a Multi-user.

"Secondary User Account" refers to the account created by a secondary user linked to a Multi-user Account by invitation of the Account Owner.

"Terms and Conditions" means these terms and conditions.

"Unallocated Cryptocurrency Deposit" means Cryptocurrency that:

  1. A user has deposited to a valid deposit wallet;
  2. The deposit record contains no information that allows us to identify the owner of the deposit;
  3. Despite reasonable inquiries, we have been unable to identify the owner of the deposit after the date the deposit was made;
  4. A customer has not provided evidence that they are the owner of the deposit; and
  5. No customer has made a claim for the missing cryptocurrency.

"Unallocated Deposit" means Unallocated Cryptocurrency Deposits and Unallocated Fiat Deposits made into our Platform where no claim of ownership is made within a period of 18 months.

"Unallocated Fiat Deposit" means fiat currency that following the date of the deposit:

  1. A user has deposited to a valid Account without providing a unique deposit code;
  2. The deposit record contains no information that allows us to identify the owner of the deposit;
  3. Despite reasonable inquiries, we have been unable to identify the owner of the deposit after the date the deposit was made;
  4. A customer has not provided evidence that they are the owner of the deposit; and
  5. No customer has made a claim for the missing funds.

"Website" means the internet site at the domain https://www.independentreserve.com or any other site or operated by us.

"we, us or our" means Independent Reserve Pty. Ltd., ABN 46 164 257 069.

"you or your" means any user of the Platform, including a secondary user unless expressly provided otherwise.

Terms & Conditions

Last updated: 16 October 2024

1. Acceptance

  1. By using the Platform, you expressly represent and warrant that you are agreeing to accept and comply with these Terms and Conditions.
  2. You should read the entire Terms and Conditions carefully before you use the Platform or any of the Services.
  3. Our Platform allows you to convert, buy, sell, trade and transfer Cryptocurrency ("Services").
  4. The transfer of Cryptocurrencies is only supported via the wallet addresses, which are visible to you on the "Accounts" page of the Platform. These wallet addresses are specific to you and each Cryptocurrency must be used in accordance with instructions provided to ensure successful transfer. Failure to follow instructions may result in irretrievable loss of Cryptocurrency.

2. Account

  1. Eligibility and application

    1. You must register for an Account to access the Platform and our Services. You can register for an Account via our Website.
    2. To be eligible to open an Account with us, you must:

      1. be an individual who is at least 18 years old; or
      2. be an Entity.
    3. There are two types of Accounts:

      1. Standard Account;
      2. Multi-user Account.
    4. The Platform is available only to customers with no nexus to High-Risk and/or Sanctioned Countries as defined by the Financial Action Task Force.
    5. When applying for an Account, you must provide any information requested by us in order for us to provide complete access to the Platform and Services. You, the customer, consent to your personal information being collected and used in accordance with Independent Reserve’s Privacy Policy. In addition, for the purposes of verifying your identity, you consent to:

      1. the verification of your personal information with applicable government and independent databases for the purposes of Anti Money Laundering and Countering the Financing of Terrorism requirements;
      2. You also consent to the use by third parties of the results of any verification checks on your identity for the purposes of monitoring and improving their verification services.
  2. Changes

    1. You may only make changes to your Account with our consent. We may require you to comply with our security procedures before we consent to any changes.
    2. The type of changes that can be made by you will depend on whether you are the Account Owner or a secondary user. Clause 3 sets out the set-up of Secondary User Accounts and the authority that attaches to each type of Secondary User Account.
    3. We may require you to comply with our security procedures before we consent to any changes.
  3. Use

    1. Your Account is to be used only by you or any secondary user.
    2. You may not authorise others to use your Account unless you nominate them as a secondary user, and you may not assign or otherwise transfer your Account to any other person or entity.
    3. You are solely responsible for maintaining and protecting the confidentiality and security of your Account (including your log-in credentials and any information you have provided in connection with your Account). We are not responsible or liable for any unauthorised access to, or use of, your Account (even where you may not be aware of such unauthorised access) except to the extent we have failed to take reasonable steps to secure the Platform.
    4. You must only deposit fiat currency into your Account from a bank account that is in your name or that you have the authority to operate.
    5. We may refuse to accept any fiat currency deposit that is received and marked for your Account from a bank account that is owned or operated by a third party. If we refuse to accept a deposit, the deposit will be returned to the originating bank account and will not be credited to your Account.
    6. You must link a bank account to your Account as part of the Account registration process and before any fiat currency withdrawals can be processed. This bank account will need to be in your name or you must have the authority to operate the bank account. All fiat currency withdrawals requested by you will be paid to your linked bank account. We will not process any fiat currency withdrawals to any other bank account.
    7. Before crediting or debiting any funds from your Account, we may, at any time, request additional information to verify whether you are the owner of a bank account or are authorised to operate a bank account.
  4. Agency

    1. You warrant that if you are creating an Account on behalf of an Entity you are authorised to create an Account for and to use the Platform as an agent of the Entity.
    2. We may, in our complete discretion, require you to produce evidence that you are authorised to act on behalf of the Entity and you must provide us with any information we reasonably request for this purpose.
  5. Operating hours

    Business hours are between 9.00am and 6:00pm Singapore time, Monday to Friday, excluding Singapore public holidays.

  6. Risks

    1. RISK WARNING ON DIGITAL PAYMENT TOKEN SERVICES

      The Monetary Authority of Singapore (MAS) requires us to provide this risk warning to you as a customer of Independent Reserve. Before you pay Independent Reserve any money or DPT, or you pay a third party any money or DPT under an arrangement with Independent Reserve, you should be aware of the following.

      1. Independent Reserve is licensed by MAS to provide DPT services. Please note that this does not mean you will be able to recover all the money or DPTs you paid to Independent Reserve if our business fails.
      2. You should be aware that MAS does not supervise or regulate Independent Reserve for the provision of unregulated services. This includes any service of trading digital payment token derivatives such as futures.
      3. You should not transact in the DPT if you are not familiar with this DPT. This includes how the DPT is created, and how the DPT you intend to transact is transferred or held by Independent Reserve.
      4. You should be aware that the value of DPTs may fluctuate greatly. You should buy DPTs only if you are prepared to accept the risk of losing all of the money you put into such tokens.
      5. You should be aware that Independent Reserve, as part of its licence to provide DPT services, may offer services related to DPTs which are promoted as having a stable value, commonly known as "stablecoin".
    2. The trading or holding of Cryptocurrencies involves significant risk. Prices can and do fluctuate on any given day. Due to such price fluctuations, you may increase or lose value in your assets at any given moment. Any currency - crypto or not - may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.
    3. Cryptocurrency trading also has special risks not generally shared with conventional currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Cryptocurrencies are a unique kind of currency, backed by technology and trust. There is no central bank that can take corrective measure to protect the value of Cryptocurrencies in a crisis or issue more currency. Instead, Cryptocurrencies are an as-yet autonomous and largely unregulated worldwide system of currency firms and individuals.
    4. Traders put their trust in a digital, decentralised and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.
    5. Due to the significant risks associated with trading Cryptocurrency, as well as the impact of technology and the international market, we do not warrant or guarantee that particular Cryptocurrencies will be available on our Platform.
    6. We reserve the right to stop offering trades in relation to particular Cryptocurrencies on our Platform at any time for any reason. We will use our reasonable endeavours to notify you if we cease to support trading in particular Cryptocurrency. If this is the case, you will not be able to convert Cryptocurrency into any other currency, however you will be given the option to move the Cryptocurrency to another platform or third party.
    7. Cryptocurrency trading is susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Cryptocurrencies because of unexpected changes imposed by the software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
    8. You agree to indemnify and hold us harmless for any losses incurred as a result of technical failures, hacks, government intervention or any other issue that negatively impacts the underlying blockchain or network of a Cryptocurrency listed on our Platform.
    9. There may be additional risks that we have not foreseen or identified in our Terms and Conditions. You should consider all potential risks and you may wish to consult professional advisers if you are unsure.
    10. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling, trading or holding cryptocurrencies.
    11. We use our banking and payments providers in order to accept deposits from you and make payments to you in fiat currency. Our banking providers do not transfer Cryptocurrencies, exchange Cryptocurrencies, or provide any services in connection with Cryptocurrencies.
    12. We do not provide any financial product advice, any financial products or any financial services aside from that which has been accorded for under our Major Payment Institution license. Nothing on our Platform is intended to be or should be taken as legal, financial, business or taxation advice. Users should seek their own legal, financial, business, tax and accounting advice in relation to any Cryptocurrency activities.

3. Multi-user Accounts

  1. Appointment of secondary users

    1. We may allow you to nominate additional users to access your Account (each a "secondary user").
    2. Each secondary user will be required to create a separate Account with us in order to act as your secondary user using an invite link generated by us.
    3. Each secondary user must set-up a Secondary User Account for each time they are invited to become a secondary user regardless of whether that secondary user holds their own Standard Account or is an existing secondary user for another Multi-User Account.
    4. Where an individual is nominated as a secondary user for multiple Multi-User Account holders they are required to hold a separate Secondary User Account for each nomination.
    5. Any nominated secondary user must be:

      1. an individual who is at least 18 years old; and
      2. a customer with no nexus to High-Risk and/or Sanctioned Countries as defined by the Financial Action Task Force.
    6. You may nominate a secondary user either:

      1. at the time that you open a Standard Account and we have carried out all identification and verification procedures in accordance with these Terms and Conditions and our policies; or
      2. at a later time by following the instructions we provide to you through the Platform.
    7. A secondary user can only be nominated following the process that we detail from time to time in the Platform.
    8. We must consent to any nominated secondary user before that secondary user is provided with a link to set up their own log-in credentials for a Secondary User Account. As part of the set-up process, secondary users must agree to operate their Secondary User Account in accordance with these Terms and Conditions.
  2. Secondary user Types and Permissions

    1. When nominating an individual as a secondary user you must select what type of secondary user you want.
    2. You are able to nominate an individual as one of the following three secondary user types on your Account:

      1. Viewer
      2. Trader (Three different tiers of Trader are available):

        1. Trader with no withdrawals
        2. Trader with restricted withdrawals
        3. Trader with unrestricted withdrawals
      3. Administrator
    3. We will provide the details on the applicable permissions of each secondary user type in the "Manage Users" tab of your Account on the Platform. We strongly encourage you to read this information before selecting the secondary user type that will apply to any particular individual you wish to nominate as a secondary user.
    4. You may change the secondary user permissions at any time via the "Manage User" tab of your Account. Where you change a secondary user’s permission from "Viewer" to "Trader" or "Administrator", the secondary user must first meet the requirements set out in clause 3.6.1 before their access is changed.
    5. You may be appointed a secondary user of more than one Account. You will receive a separate invitation for each Secondary User Account and will have separate log-in credentials for each Secondary User Account.
    6. A secondary user that also holds a Standard Account for their personal trading is not able to access their Account whilst using the Secondary User Account. A secondary user will only be able to access one Secondary User Account at a time.
  3. Security Requirements

    1. To nominate secondary users on your Account, you must have two-factor authentication activated.
    2. Any Secondary User Account must also have two-factor authentication activated.
    3. Any secondary user will only be able to access your Account with their own log-in credentials for the Secondary User Account that is linked to your Account and the obligations in clause 2.3.3 apply to you and each of your secondary users. For the avoidance of doubt, this means you must not share your Account credentials with any person (including a secondary user) and a secondary user must not share their Account credentials with any person (including you or any other secondary users).
  4. User Management

    1. You are solely responsible for selecting a secondary user and agreeing to any terms and conditions between you and your secondary user (to the extent applicable) in which they may view, trade via or administer your Account.
    2. You are solely responsible for the administration and maintenance of all secondary users linked to your Account.
    3. You may, at any time, deactivate any secondary users from your Account by accessing the "Manage Users" tab of your Account.
    4. You must approve the linking of any secondary user, even if that secondary user was nominated by an existing "Administrator" type secondary user on your Account.
    5. Where a secondary user has their own Multi-user Account which has granted access to other secondary users, the secondary user under that Multi-user Account is not a secondary user of your Account and will not have any access rights to your Account.
    6. We do not in any way endorse, verify, attest, warrant or otherwise indicate that a secondary user nominated by you is appropriately skilled, competent or capable of operating your Account in accordance with the type of Secondary User Account and / or your needs and instructions.
    7. You are solely responsible for determining whether each secondary user you nominate is appropriately knowledgeable, skilled and trustworthy and has sufficient experience to operate, trade via or administer your Account in accordance with your needs and instructions.
    8. You indemnify and hold us harmless in respect of any acts or omissions of your secondary users and we will not be liable for any loss suffered by you as a result of any acts or omission of your secondary users, except to the extent that it directly arises from our negligent or wrongful acts or omissions.
    9. We may suspend or terminate your secondary user’s access to your Account if any of the circumstances in clause 8 apply or we otherwise reasonably form the view such suspension or termination is required to protect your Account or the Platform.
  5. Multi-user Account Limits

    1. Individual accounts:

      1. Only 1 "Administrator" type secondary user per Multi-user Account;
      2. Only 1 "Trader" type secondary user per Multi-user Account, irrespective of which type of "Trader" subauthorisation is granted;
      3. There is no limit to the amount of "Viewer" type secondary users per Multi-user Account.
    2. Company accounts:

      1. Up to 2 "Administrator" type secondary users per Multi-user Account;
      2. Up to 2 "Trader" type secondary users per Multi-User Account, irrespective of which type of "Trader" subauthorisation is granted;
      3. There is no limit to the amount of "Viewer" type secondary users per Multi-user Account.
  6. Secondary user Registration and Verification

    1. Any secondary user with "Trader" or "Administrator" access to your Account will be subject to identity verification checks and will be approved at our sole discretion in accordance with the applicable laws and our policy.
    2. Secondary users must provide Independent Reserve with all reasonably requested, identification documentation, personal details and other information that may be required to identify and screen the secondary user for the purposes of clause 3.6.1.
    3. Each nominated secondary user must be approved by us and is subject to us conducting the required identity verification checks in accordance with purposes of clause 3.6.1.
  7. No Change in Ownership or Obligations

    1. The existence of a secondary user does not in any way transfer, assign, encumber, dispose of or hypothecate any of the fiat currency or Cryptocurrency (or any rights in, or interests to, the fiat currency or Cryptocurrency) held in your Account at any time to any of the secondary users.
    2. The existence of a secondary user does not in any way change, reduce or assign any of the obligations that apply to you under these Terms and Conditions.
    3. A secondary user is not able to terminate your Account under these Terms and Conditions.
    4. A secondary user is able to add any linked bank account or external wallet address without your express approval.
  8. Acknowledgement

    You acknowledge and agree:

    1. That your secondary users must read and agree to these Terms and Conditions before gaining access to their Secondary User Account;
    2. We are not involved, responsible or liable for any secondary user that is nominated by you and approved by us;
    3. We may provide personal information held about you to any one or more of your secondary users in accordance with our Privacy Policy.
    4. All secondary users will have access to your Account information including personal information;
    5. Any activity performed by a secondary user is taken to be performed on your behalf in accordance with your express instructions and consent;
    6. You will continue to be responsible and liable for any activity that is conducted by a secondary user in relation to your Account and any related activities and all such activities will be attributed to you;
    7. We, in our absolute discretion, may decline any trading or transfer instruction given by a secondary user, at any time. You agree that we may, at our discretion, require from you written or verbal confirmation of any instruction given by a secondary user. If we don’t request written or verbal confirmation for a trading or transfer instruction given by a secondary user, this does not imply that we endorse or otherwise take any responsibility or assume any liability for that trading or transfer instruction;
    8. We are not responsible or liable for:

      1. any loss or damage that may arise from your decision or non-decision to appoint a secondary user;
      2. any information or reporting that is provided to you by a secondary user;
      3. any trading or transfer of Cryptocurrency initiated by your secondary users;
      4. any loss or damage that may arise from any decision, activity, action or omission made by a secondary user on your Account;
      5. any applicable fees, commission, expenses or any other payments to your secondary user; and
      6. any tax liabilities that may arise or accrue as a result of any trading activity undertaken or transfer instruction initiated by a secondary user on your Account,
      except to the extent that it is a direct result of our negligent or wrongful acts or omissions.

4. Limited Rights of Use

  1. Rights

    1. We grant to you a personal, non-exclusive, non-transferable, revocable and limited right to enter and use the Platform and our Services. We reserve all rights, title and interest not expressly granted under this licence to the fullest extent possible under law. Any use of the Platform or Services not specifically permitted under these Terms and Conditions is strictly prohibited.
    2. You acknowledge and agree that the Platform and the Services are our property and are protected by copyright, intellectual property and other applicable laws.
    3. You may view, print and/or download a copy of any materials from the Platform on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. You agree not to modify the material on the Platform in any manner or form, or to use modified versions of the Platform or any materials on the Platform, including without limitation for the purpose of obtaining unauthorised access to the Platform.
    4. You agree not to access our Services by any means other than through the Platform.
    5. The trademarks, service marks, product names, company names and logos used on the Platform are either owned by us or are licenced or used with permission from a third party owner. Any third party trademark, service mark, product name, company or logo remains the property of the respective owner.
    6. The software, text, images, graphics, data, prices, trades, charts, graphs, video, audio or other similar information used, displayed or otherwise made available on the Platform belong to us or is available to us under licence, unless otherwise stated. This information should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, whether manual or automated.

5. Maintaining Your Account

  1. Obligations

    1. By registering and holding an Account with us, you agree to:

      1. maintain and promptly update any information in your Account to keep it current, accurate, and complete;
      2. check your Account and monitor the movement of your Cryptocurrency including any pending, lapsed or cancelled transaction through your transaction history and to re-execute any transactions which fail;
      3. make deposits into your Account only in accordance with any instructions provided by us from time to time;
      4. not to allow others to access your Account at any time other than a secondary user that has been granted access to your Account in accordance with clause 3;
      5. not assist others in obtaining unauthorised access to any persons' Account (this includes access between different Secondary User Accounts);
      6. fully cooperate with us in investigating any improper, unlawful or fraudulent access to or use of your Account or any other Account;
      7. contact us immediately if you believe that your Account (or a Secondary User Account) may be subject to any unauthorised access or other type of fraudulent activity or security breach. Failure to notify us in a timely manner may limit the options available to us to protect your Account. We will not be responsible or liable for any loss you suffer from any unauthorised access, fraudulent activity or security breach, except to the extent that such loss arises from our failure to take reasonable steps to secure the Platform;
      8. cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on the Account;
      9. not open more than one Account (excluding Secondary User Accounts) for yourself, by using a name that is not yours, using a temporary phone number or providing any other falsified personal information;
      10. not use the Services or Platform for any unlawful, fraudulent or improper activity, including for any experimental, testing or research purposes or otherwise in a manner for which the Services or Platform have not been designed;
      11. not use the service to engage in any criminal or restricted activities, including but not limited to:

        1. terrorist financing;
        2. money laundering;
        3. illegal gambling;
        4. distributing or funding drugs;
        5. malicious hacking; or
        6. other illegal or prohibited activities;
      12. not act in a manner that is defamatory, threatening or harassing;
      13. not cause or permit any damage to or otherwise interfere with our Platform, including the software and user interface by which you submit your information;
      14. not take advantage of any technical or technological error, loophole or glitch on the Platform or Services and, where you do take such advantage, we reserve all our rights to recover any proceeds that you make (whether or not they remain in the Platform);
      15. provide us with accurate, correct and valid information that we require and promptly notify us of any changes and you will not provide us with any false, inaccurate, misleading or deceptive information;
      16. if you provide any inaccurate or incomplete information to us, or we have reasonable grounds to suspect you have, we may suspend or terminate your Account.
    2. The creation or use of Accounts without obtaining the prior express permission from us will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. Any attempt to do so or to assist others (Account holders or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such Account holders being terminated. Termination is not the exclusive remedy for such a violation, and we may elect to take further action against you.
    3. You are also responsible for maintaining the confidentiality and security of your Account information, including your password, safeguarding your own cryptocurrencies, and for all activity including Transactions that are posted to Your Account. If there is suspicious activity related to your Account, we may, but are not obligated, to request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests, or we may terminate your Account. You are required to notify us immediately of any unauthorised use of your Account or Secondary User Accounts, or password, or any other breach of security. If you violate these rules, your Account may be terminated and you indemnify us for any losses that we or another Account holder may suffer as a result of you failing to notify us of any unauthorised access, fraudulent activity or security breach.

6. Transfers out of Platform

  1. Transfer

    1. You are responsible for the transfer of any Cryptocurrency by you or any secondary user out of your Account to another wallet or trading platform.
    2. You acknowledge and agree that we will not be responsible or liable for any fiat currency or Cryptocurrencies once you or any secondary user has transferred them from your Account to your linked bank account or other wallet or trading provider.
    3. You are solely responsible for ensuring that:

      1. Your linked bank account details are correct for any fiat withdrawal, and
      2. any recipient wallet address is correct for any withdrawal.
    4. All Cryptocurrency transactions are irrevocable once sent and we take no responsibility for verifying recipient addresses for withdrawals from your Account. We are not able to cancel a transfer once it has been made.
    5. You must take precautions when withdrawing and storing your Cryptocurrency, especially when withdrawing from your Account to an overseas-based provider. We have prepared education articles on the dangers of withdrawing to overseas providers on our Protect your account and How to spot a Bitcoin scam pages. These articles are updated from time to time. You acknowledge and agree that:

      1. it is your responsibility to read these articles and to keep up to date on any changes;
      2. these articles are an educational tool only and are not intended to be a comprehensive list of all potential scams;
      3. the Monetary Authority of Singapore or other regulators or government bodies may provide information or alerts about current scams, and it is your responsibility to review any such information prepared from time to time;
      4. it is your responsibility to ensure that any withdrawals from your Account are sent to a valid and correct address and for a valid purpose;
      5. we are not under any obligation to verify a withdrawal address or identify whether a withdrawal may be the subject of scam regardless of whether a scam has been listed in these articles or published elsewhere; and
      6. under no circumstances, will we be responsible or liable to you for any loss resulting from any transfer from your Account regardless of whether the scam is specifically contemplated in our articles or published elsewhere.

7. Debit Account Balances

  1. Debit Balances

    1. You are required to have sufficient funds in your Account to make any trade using the Platform.
    2. If at any time your Account has a debit balance, you agree to pay us:

      1. An Account overdraft fee determined by us from time to time to cover our reasonable costs and expenses arising from the debit Account balance; or
      2. The total debit balance including the Account overdraft fee.
    3. We may suspend or terminate your Account at any time and without notice to you if you fail to pay the outstanding debit Account balance and Account overdraft fees.
    4. If, after a demand is made by us, you have not made payment of the outstanding debit balance, then:

      1. You authorise us to sell any Cryptocurrency in your Account to recover the outstanding balance; and
      2. You agree to indemnify us against all costs, expenses and losses incurred, including brokerage fees, taxes, overdraft fees and any other fees in connection with any transaction executed by us in accordance with this clause to recover the outstanding balance where you do not pay the outstanding debit balance.
    5. We reserve the right to engage a third party collection agency to recover any amounts you owe us under these Terms and Conditions without your consent. You will be liable to pay on demand all costs incurred by us in recovering the amounts you owe us under these Terms and Conditions, including debt collection fees and enforcement costs.

8. Termination

  1. You may terminate these Terms and Conditions, and close Your Account at any time, following settlement of any pending transactions.
  2. You agree that we may, by giving notice, in our sole discretion terminate your access to the Platform, Services and Account, including without limitation:

    1. to limit, suspend or terminate you access and any or all of your secondary users’ access to the Services or Account;
    2. prohibit or restrict access to the Platform and its content, services and tools;
    3. delay or remove hosted content; and
    4. take any technical or legal steps to keep you from accessing the Platform or Services if we are of the reasonable belief that you are:

      1. creating problems or legal liabilities;
      2. infringing the intellectual property rights of us or any third parties; or
      3. acting in a manner that is inconsistent with or in breach of these Terms and Conditions.
  3. Additionally, we may, at our complete discretion, suspend, restrict, limit or terminate your Account for any reason, including without limitation, where:

    1. there are attempts to gain unauthorised access to the Platform, Services or another user's Account (including any secondary user’ account) or providing assistance to others who are attempting to do so;
    2. there are attempts to overcome software security features limiting use of or protecting any content;
    3. there are attempts to use the Platform, Service or Account to perform any illegal activities such as:

      1. money laundering;
      2. illegal gambling operations;
      3. financing terrorism;
      4. funding drugs;
      5. malicious hacking; or
      6. any other criminal or prohibited activities,
    4. there is a violation of these Terms and Conditions, our Privacy Policy or our security procedures by you or any of your secondary users;
    5. there is a failure to pay for any transaction;
    6. there are unexpected technical or operational difficulties; or
    7. there is a request of law enforcement or other government agencies, if deemed to be legitimate and compelling by us, acting in our sole discretion.
  4. We also reserve the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of 6 months or more, and/or to modify or discontinue our Platform or Service. You agree that we will not be liable to you or to any third party for termination, suspension or restriction of an Account or access to the Platform and Services in accordance with these Terms and Conditions.
  5. The suspension of an Account shall not affect the payment of any fees due for past transactions that have been made on the Platform.
  6. Upon termination, you must provide us with all reasonable assistance to allow for the transfer of any fiat currency or Cryptocurrency credited to your Account. Cryptocurrency may not be transferred to a valid bank account. Cryptocurrency must be converted to fiat currency or sold before it can be transferred to your linked bank account.
  7. If you terminate your Account, we will sell all Cryptocurrency at the current market rate (less any applicable fees) into the fiat currency that you used to initially fund your Account.
  8. We will transfer fiat currency as soon as practicable following your request upon termination of your Account.
  9. We will send to you the credit balance of your Account, however in some circumstances a number of intermediaries may be involved in an international payment and these intermediaries or the beneficiary bank may deduct charges. We will use reasonable efforts to ensure that such charges are disclosed to you prior to sending your payment. However, you acknowledge and agree that these charges cannot always be calculated in advance, and that you are solely responsible and liable for such charges regardless of whether we disclose them to you.

9. Availability

  1. The Platform and Services are provided without warranty of any kind, whether express, implied, statutory or otherwise.
  2. We do not represent that the Platform and Services will be available 100% of the time to meet your needs or requirements.
  3. We will strive to provide you with the Service and access to the Platform as soon as possible but there are no guarantees that access will be uninterrupted, secure, or that there will be no delays, failures, errors, omissions or loss of transmitted information.
  4. We will use reasonable endeavours to ensure that the Platform and Services can normally be accessed by you in accordance with these Terms and Conditions.
  5. You agree that we are not responsible for temporary interruptions in service due to failure beyond our control including, but not limited to, the failure of interconnecting operating systems, computer viruses, and forces of nature, labour disputes, pandemics and armed conflicts.
  6. We may suspend use of the Platform or Services for maintenance and will make reasonable efforts to give you notice. You acknowledge and agree that this may not be possible in an emergency.

10. Market Volatility

If there is a period of high market volatility, high volume trades, rapid movements or illiquidity in the market, the market rate in which you are able to buy, sell or trade Cryptocurrency may vary from the price indicated on our Platform. We are not liable for any price variation due to market volatility, market or technology disruptions, delays or any other matters caused by things that are outside of our control. You acknowledge and agree that we will process your transaction at the current price. In certain circumstances, we may decide not to execute a trade if the market rate significantly increases or decreases or in the event of a market disruption or an event which is outside of our control and, in such cases, we may cancel any order and return the funds to your Account. We 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.

11. Safeguarding

  1. Safeguarding Disclosures

    1. We will hold all fiat deposited with us on your behalf in a customer trust account opened with a duly licensed Singapore-based Bank;
    2. Your fiat is deposited in this customer trust account together with, and commingled with fiat received by our customers;
    3. Due to the nature of our customer trust account(s), delays or disruptions may arise during the course of our operations;
    4. Our insolvency will not give us any right to set off any debt owed by us against the fiat you have deposited with us, except in so far as this relates to any fees owed to us in accordance with these Terms and Conditions.
    5. You acknowledge and agree that all interest earned under the maintenance of fiat deposits in our customer trust account(s) is due and payable to us.

12. Limitation of Liability

  1. Limitation on Liability

    1. To the maximum extent permitted by law, we will not be held liable for any fines, penalties, taxes (except GST) and any exemplary, aggravated or punitive damages, liquidated damages or any indirect or consequential loss (including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, loss of contract, loss of production and loss of Cryptocurrency).
    2. Our total aggregate financial liability in respect of claims based on events arising out of or in connection with your use of the Platform or Services, whether in contract or tort (including negligence) or otherwise, will in no circumstances exceed the lesser of either

      1. the total amount held in your Account less any amount that may be due and payable to us in respect of your Account under these Terms and Conditions; or
      2. the amount of the transaction(s) that are the subject of any claim less any fees that may be due and payable in respect of such transaction(s).

13. Indemnity

  1. Indemnity

    1. To the maximum extent permitted by law, you hereby agree to indemnify us, and our partners, officers, directors, employees and agents against any action, liability, cost, claim, demand, loss, damage, proceeding or expense (Loss) of any nature arising under tort, statute, equity, contract or some other cause of action that we suffer as a result of:

      1. Your (and your secondary users’) negligent or wrongful acts or omissions;
      2. your breach of any law, regulation or rules;
      3. any damage that you cause to our Platform or any other user, person or entity;
      4. your use of the Platform or Services; or
      5. your violation of these Terms and Conditions or Privacy Policy,
      but you will not be liable for any Loss to the extent such Loss is the direct result of our negligent or wrongful acts or omissions.

14. Treatment of Unallocated Deposits

  1. Treatment

    1. We may, at our complete discretion hold on trust for a user, Unallocated Deposits received in our bank accounts in accordance with our Unallocated Deposits policy.
    2. No trust relationship exists between us and you at any time and we do not hold any funds deposited by you on trust, other than in accordance with our Unallocated Deposits policy.
    3. We accept no liability or responsibility as a consequence of any personal loss or damages suffered by users if a trustee relationship was found to be established by depositing funds with us.
    4. Any funds held on trust by us in accordance with this clause are subject to fees being deducted while those funds remain unallocated.
  2. Making a Claim for Unallocated Deposits

    You are able to make a claim for the repayment of an Unallocated Deposit (less any accumulated fees) by contacting us through the support screen or by email support@independentreserve.com.

  3. Trustee of Unallocated Deposits

    1. After a deposit has been classified as an Unallocated Deposit, the deposit will be transferred to us as trustee of the deposit.
    2. We, as trustee, will hold the Unallocated Deposit on behalf of the depositor and we have an obligation to repay the Unallocated Deposit to the owner on demand. The Unallocated Deposit will incur an unallocated deposit search fee of $250 (excl GST); and a monthly unallocated deposit management fee of 1% (excl GST).

15. AutoTrader

  1. Terms

    1. By electing to use our AutoTrader service, you are acknowledging that you have read and understood the information contained in the How does AutoTrader work? education page. You also acknowledge that you understand the details of the strategies available with the AutoTrader service and understand the risks involved in using the AutoTrader service.
    2. All AutoTrader strategies create either a buy or sell order in your Account when the trigger event occurs (e.g. a fiat deposit is credited to your account). AutoTrader strategies are accepted on a 'best endeavours' basis. In the event of system failure or adverse market conditions, we may cancel existing strategies and prevent any new strategies from being placed.
    3. AutoTrader strategies do not have an expiry date and are valid until you elect to cancel the strategy or your AutoTrader strategy is otherwise cancelled by us. It is your sole responsibility to maintain your AutoTrader strategies and ensure the strategies you have in place remain appropriate for you.
    4. We will use our best endeavours to obtain the best execution for you when your AutoTrader strategy conditions have been met and the orders have been placed. Obtaining the best execution means we will attempt to secure the best price outcome for you taking into consideration time, price, priority and current market conditions.
    5. Your AutoTrader strategy will execute once the conditions for your selected strategy have been met. For example: The AutoBuy strategy will execute after your fiat deposit has been processed by our systems and credited to your Account.
    6. It may not be possible for Independent Reserve to use all available fiat currency or Cryptocurrency to execute your AutoTrader strategy and we do not guarantee that an exact value or volume of fiat currency or Cryptocurrency will be traded. If there is any residual balance following our best endeavours to execute your strategy, the residual balance of fiat currency or Cryptocurrency will remain in your Account. Residual balances will not re-trigger your AutoTrader strategies.
    7. A secondary user acting on your behalf will be able to create an AutoTrader strategy for you unless they have a "Viewer" only authorisation. Any instruction to establish or cancel an AutoTrader strategy by a secondary user is taken to be an instruction by you in accordance with these Terms and Conditions. You indemnify and hold us harmless for any Loss suffered from any acts or omissions by a secondary user in relation to any AutoTrader strategy set-up, amended or removed by a secondary user, but you will not be liable for any Loss to the extent such Loss is the direct result of our negligent or wrongful acts or omissions in reflecting your AutoTrader strategies whether initiated by you or your secondary users.
  2. AutoTrader Risk Disclosure Statement

    1. This Risk Disclosure Statement does not include all risks associated with AutoTrader strategies and should not be relied on as a complete explanation of all risks associated with the AutoTrader service. You should consider all potential risks associated with AutoTrader having regard to your personal circumstances.
    2. Market conditions may make it impossible for us to execute the orders arising from your AutoTrader strategies. AutoTrader strategies and resulting buy and sell orders do not take any provision for unexpected rises or falls in the price of Cryptocurrencies. It is your sole responsibility to monitor market conditions and your AutoTrader strategies to ensure they remain appropriate for your circumstances. We reserve the right to revoke the AutoTrader service at any time without further notice to you. We are not liable for any loss or damage that you may incur as a result of ceasing to provide the AutoTrader service.
    3. To the extent permitted by consumer protection law, we are not liable for any loss or damage (including consequential loss, loss of profit and economic loss) that you incur as a result of delays in executing your AutoTrader strategy, system failures, orders not being executed after your AutoTrader strategy triggers.

16. Miscellaneous

  1. If we are unable to perform the Services outlined in these Terms and Conditions due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy we will not have any liability to you with respect to the Services provided under these Terms and Conditions and for a time period coincident with the event.
  2. Any personal information we collect about you via this Platform will only be used and disclosed by us in accordance with our Privacy Policy.
  3. Nothing in these Terms and Conditions seek to prevent us from complying with any reasonable direction made by any government regulator or entity and you acknowledge and agree that we may not be able to notify you of any action we are required to undertake as a result of a direction from a government regulator or entity.
  4. 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.
  5. It is also your responsibility to seek professional advice with respect to your Account as well as to ensure that you are compliant with any obligations you may have.
  6. These Terms and Conditions published on the date you view them on our Platform supersede all prior versions.
  7. If any provision of the Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining parts of the Terms and Conditions shall prevail in full force and effect.

17. Forked Blockchains

  1. We reserve the right to use our own discretion when deciding to support or not support any new token resulting from the fork of a blockchain.
  2. Customers are advised to withdraw Cryptocurrency to an address under their own control prior to a fork if they wish to have access to any resultant tokens.
  3. If we decide to support a forking event, you may opt-out of receiving any of the Cryptocurrency that results from the forking event by contacting the support team.

18. Airdrop

We reserve the right to use our own discretion when deciding to support or not support any airdrop event. We may decide to provide any airdropped Cryptocurrency to you following an airdrop event. If we decide to provide any Cryptocurrency as part of an airdrop event, you may opt-out of receiving any of the Cryptocurrency that results from the airdrop event by contacting the support team. A secondary user is not able to provide any instructions in relation to opting-out of an airdrop event on your behalf.

19. Modification of Terms

We reserve the right to change, amend, modify, add or delete any of these Terms and Conditions, at any time, in an exercise of our sole discretion. These 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) and will be notified to you on the first log-in to your Account after the change has occurred. Your continued use of the Platform and Services following any changes to the Terms and Conditions signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms and Conditions.

20. Governing Law

You acknowledge and agree that your use of the Site and these Terms and Conditions are governed by the laws of Singapore and that you irrevocably submit to the exclusive jurisdiction of the courts of Singapore.

21. Definitions

"Account" means a Standard Account and a Multi-user Account.

"Account Owner" means the individual or Entity who owns the Standard or Multi-User Account.

"API" means a mobile application made available by us that can be downloaded from the Apple store, Google Store or any other app store from time to time.

"App" means a mobile application made available by us that can be downloaded from the Apple store, Google Store or any other app store from time to time.

"Autotrader" means our automatic trading service, which allows you to create automated trading strategies.

"Cryptocurrency" means the coins, tokens, crypto, digital currency, or digital assets listed by us on our Platform from time to time.

"DPT" means Digital Payment Token as defined under s.2 of the Payment Services Act 2019.

"Entity" means one of the following:

  1. A sole proprietorship;
  2. a private limited company;
  3. a public limited company;
  4. a general, limited or limited liability partnership;
  5. a trust;
  6. a foundation.

"Platform" means the Website, App or other API made available by us from time to time.

"Privacy Policy" means the privacy policy that we have available on our Website from time to time, accessible at https://www.independentreserve.com/sg/help/privacy-policy.

"Services" means:

  1. the exchange services used to convert, buy, sell, trade or transfer Cryptocurrency;
  2. the wallet services provided by us to hold Cryptocurrency; and
  3. any other services that are incidental to any of the above services.

"Standard Account" means an account that we have created to enable you to use the Platform.

"Secondary user" means an individual person that has been granted access to your Multi-user Account in accordance with clause 3 of these Terms and Conditions.

"Secondary User Account" means an account opened by a Secondary user under a Multi-user Account.

"Multi-user Account" means an account that we have created in accordance with clause 3 of these Terms and Conditions to allow for secondary user access through a Secondary User Account.

"Terms and Conditions" means these terms and conditions.

"Unallocated Cryptocurrency Deposit" means Cryptocurrency that:

  1. A user has deposited to a valid deposit wallet;
  2. The deposit record contains no information that allows us to identify the owner of the deposit;
  3. Despite reasonable inquiries, we have been unable to identify the owner of the deposit after the date the deposit was made;
  4. A customer has not provided evidence that they are the owner of the deposit; and
  5. No customer has made a claim for the missing cryptocurrency.

"Unallocated Deposit" means Unallocated Cryptocurrency Deposits and Unallocated Fiat Deposits made to into our Platform where no claim of ownership is made within a period of 18 months.

"Unallocated Fiat Deposit" means fiat currency that following the date of the deposit:

  1. A user has deposited to a valid Account without providing a unique deposit code;
  2. The deposit record contains no information that allows us to identify the owner of the deposit;
  3. Despite reasonable inquiries, we have been unable to identify the owner of the deposit after the date the deposit was made;
  4. A customer has not provided evidence that they are the owner of the deposit; and
  5. No customer has made a claim for the missing funds.

"Website" means the internet site at the address https://www.independentreserve.com/sg or any other site operated by us.

"we, us or our" means Independent Reserve SG PTE. LTD, UEN 201942383Z.

"you or your" means any user of the Platform, including a secondary user unless expressly provided otherwise.

条款和条件

更新日期: 2024年10月16日

1. 承诺

  1. 在使用本平台时,贵方明确声明并保证贵方同意接受并遵守本条款和条件。
  2. 在使用本平台或任何服务之前,贵方应仔细且完整地阅读本条款和条件。
  3. 通过本平台,贵方可以兑换、买入、出售、交易,以及划转加密货币(“服务”)。
  4. 加密货币仅可通过钱包地址进行划转,请在平台的“账户”页面查看钱包地址。钱包地址为贵方专属所有,为确保成功划转加密货币,请务必遵循使用指示。不遵循指示可能导致加密货币丢失,从而造成不可挽回的损失。

2. 账户

  1. 资格和申请

    1. 贵方必须注册账户才能使用本平台和服务。贵方可通过官方网站注册账户。
    2. 为符合开户资格,贵方必须是:

      1. 年满 18 岁的个人;或;
      2. 实体。
    3. 账户分两种类型:

      1. 标准账户;
      2. 多用户账户。
    4. 本平台仅适用于与金融行动特别工作组所定义的高风险和/或受制裁国家无关联的客户。
    5. 申请账户时,贵方必须提供我方要求的所有信息,以便获得 100% 使用本平台和服务的权限。按照 Independent Reserve 的隐私政策,贵方(客户)同意我方收集和使用贵方的个人信息。此外,为验证贵方的身份,贵方同意:

      1. 为符合反洗钱和反恐怖主义融资的要求,贵方同意将个人信息与适用的政府和独立数据库进行验证;
      2. 贵方还同意第三方使用贵方的身份验证检查结果,以监测和改进其验证服务。
  2. 变更

    1. 贵方仅能在我方的同意下对贵方账户进行变更。在我方同意任何变更之前,请务必遵守我方的安全程序。
    2. 变更类型取决于您是账户持有人还是账户拥有者还是次级用户。本文件第 3 节列出了不同类型的次级用户账户及其相关使用权利。
    3. 在我方同意任何变更之前,我方要求贵方严格遵守我方的安全程序。
  3. 使用

    1. 贵方账户仅能由贵方自己或其任意次级用户使用。
    2. 贵方不得授权他人使用贵方账户,除非是您指定的次级用户,也不得将贵方账户转让或以其他方式转让给任何其他个人或实体。
    3. 贵方全权负责维护和保护贵方账户的机密性和安全性(包括贵方的登录凭证和贵方提供的与账户相关的任何信息)。对于贵方账户的任何未经授权的访问或使用(即使贵方可能不知悉此类未经授权的访问),我方概不负责,除非我方未能采取合理措施确保平台的安全性。
    4. 选择法币充值本平台账户时,所有法币必须来自贵方名下的银行账户或贵方有权限操作的账户。
    5. 若贵方账户的法币充值来自第三方拥有或操作的银行账户,我方可能会拒绝接受。若我方拒绝接受该充值,则充值资金将退还至原银行账户,不会记入贵方账户。
    6. 在注册账户时,贵方必须将银行账户与平台账户相关联,之后才能处理法币提现。贵方必须是该银行账户的开户人,或者贵方必须拥有该银行账户的操作权限。贵方所有法币提现将付至贵方关联的银行账户。我方不受理将法币提至其他银行账户的请求。
    7. 在向贵方账户存入或扣除任何资金之前,我方可能会随时要求贵方提供更多信息,以验证贵方是否为银行账户的所有者或具有操作银行账户的授权。
  4. 代理

    1. 贵方保证,若贵方代表实体创建账户,则贵方有权为实体创建账户,并作为该实体的代理人使用本平台。
    2. 我方可自行决定,要求贵方提供证据证明贵方有权代表该实体行事,并且贵方必须提供我方为此合理要求的任何信息。
  5. 营业时间

    本平台营业时间为周一至周五上午 9 点至下午 6 点(新加坡时间,不含新加坡公共假期)。

  6. 风险

    1. 数码支付代币服务的风险提示

      新加坡金融管理局 (MAS)要求我方向 Independent Reserve 的客户提供此风险警告。当贵方在 Independent Reserve 支付任何资金或数码付款代币(DPT)之前,或贵方根据与 Independent Reserve 的约定向第三方支付任何资金或数码付款代币(DPT)之前,请注意以下几点。

      1. Independent Reserve 由 MAS 授权提供 DPT 服务。请注意,这并不意味着若我方的业务失败了,贵方能收回支付给 Independent Reserve 的所有款项或 DPT。
      2. 请注意,新加坡金融管理局 (MAS) 不监督或监管 Independent Reserve 提供的未受监管的服务。未受监管的服务包括所有交易数码付款代币 (DPT) 衍生品(如期货)的服务。
      3. 若贵方不熟悉 DPT,则不应在 DPT 中进行交易。这包括如何创建 DPT,以及贵方打算交易的 DPT 如何由Independent Reserve 划转或持有。
      4. 贵方应知悉,数码付款代币 (DPT)的价值可能会大幅波动。仅当贵方可以承担投入代币的所有资金风险后,再购买 DPT。
      5. 贵方应知悉,Independent Reserve 的数码付款代币 (DPT)服务已获得牌照许可,我方提供与稳定价值相关的 DPT 服务,通常称为“稳定币”。
    2. The 加密货币的交易或持有涉及重大风险。价格随时会出现波动。由于价格波动,贵方的资产价值可能会随时增加或减少。任何货币(无论是否为加密货币)都可能面临价值大幅波动甚至贬值至零的风险。在市场中买入、出售或交易任何商品都存在潜在的损失风险。
    3. 加密货币交易还具有特殊风险,通常与市场中的传统货币或商品或货物存在差异。与大多数货币(由政府或其他法律实体支持,或由黄金或白银等商品支持)不同,加密货币是一种独特的货币,由技术和信托支持。在出现危机时,没有中央银行可以采取纠正措施来保护加密货币的价值或增发货币。反之,加密货币是一种自治的、在很大程度上不受监管的全球货币公司和个人体系。
    4. 交易员信任这种数字化、去中心化且部分匿名的系统,该系统依靠点对点网络和密码学来保持完整性。
    5. 鉴于加密货币交易相关的重大风险,以及技术和国际市场的影响,我方不保证或担保在本平台提供特定加密货币。
    6. 我方有权随时因任何原因停止在本平台提供与特定加密货币相关的交易权利。若本平台不再支持特定加密货币交易,我方将尽快通知贵方。若情况如此,贵方将无法将该加密货币兑换为任何其他货币,但贵方可选择将加密货币转至其他平台或第三方。
    7. 加密货币交易容易受到非理性(或理性)泡沫或信心丧失的影响,这可能导致需求相对供应的崩溃。例如,由于软件开发者或其他人员实施的意外变化、政府打击、优秀竞争性替代货币的创建,或通货紧缩或通货膨胀的恶性循环,人们对加密货币的信心可能会崩溃。信心也可能因技术问题而崩溃:系统的匿名性受损、资金丢失或被盗,或黑客/政府阻止交易结算。
    8. 对于因技术故障、黑客攻击、政府干预,或任何其他对本平台所列加密货币的底层区块链或网络产生负面影响的问题而造成的任何损失,我方不就此类问题承担任何责任。
    9. 我方的条款和条件可能存在未预见或识别的其他风险。贵方应考虑所有潜在风险,若贵方不确定,请咨询专业顾问。
    10. 根据个人财务状况和风险承受能力,贵方应仔细评估是否适合买入、出售、交易或持有加密货币。
    11. 我方与银行和支付供应商合作,接受贵方的充值,并向贵方支付法币。我方的银行供应商不会划转、交易加密货币或提供与加密货币相关的任何服务。
    12. 除依据大型支付机构(MPI)执照提供的服务外,我方不提供任何金融产品建议、金融产品或金融服务。本平台中的任何内容都不应被视为或被理解为法律、财务、业务或税务建议。用户应就任何加密货币操作寻求个人法律、财务、业务、税务和会计建议。

3. 多用户账户

  1. 次级用户的指定

    1. 我方允许贵方指定其他用户访问您的账户(以下简称 “次级用户” )。
    2. 每个次级用户都必须使用我方生成的邀请链接来创建一个单独账户(“次级用户账户”),以作为贵方的次级用户使用。
    3. 每个次级用户在被邀请成为次级用户时都必须建立一个次级用户账户,无论该次级用户是否已经拥有自己的标准账户或其他账户名下的次级用户。
    4. 某单独个体若被指定为多个标准账户持有人的次级用户,则必须为每个指定账户设有单独的次级用户账户。
    5. 任何被指定的次级用户必须满足以下条件:

      1. 年满18岁;且
      2. 与金融行动特别工作组所定义的高风险和/或受制裁国家无关联。
    6. 贵方可以在以下任何一种情况下指定次级用户:

      1. 开立标准账户时,且已通过我方依据本条款和条件及我方政策执行的所有身份验证和核实程序;或
      2. 开立标准账户之后,且按照我方通过平台提供的指示完成指定。
    7. 贵方只能按照我方不时在平台上更新的详细说明的流程指定子次级用户。
    8. 被指定的次级用户只有在经过我方同意后,才能获得其次级用户设置链接和登录凭证。设置时,次级用户必须同意按照本条款和条件操作其次级用户账户。
  2. 次级用户类型和权限

    1. 在指定次级用户时,贵方必须选择次级用户类型。
    2. 贵方可以在账户中指定以下三种次级用户类型:

      1. 查看者 (“Viewer”)
      2. 交易者(交易者分三种不同级别)(“Trader”)

        1. 无提现权限的交易者
        2. 有限提现的交易者
        3. 不受限提现的交易者
      3. 管理者 (“Administrator”)
    3. 我方将在平台上的“管理用户(Manage users)” 选项中,为贵方账户提供每种次级用户类型的适用权限详情。在贵方为任何次级用户指定子次级用户类型之前,我方强烈建议您阅读此信息。
    4. 贵方可以随时在您账户的““管理用户(Manage users)”选项中更改次级用户权限。当贵方将次级用户的权限从 “Viewer”更改为 “Trader”或 “Administrator”时,次级用户必须首先满足第 3.6.1 条款的要求,才能获得指定类型的访问权限。
    5. 贵方可以被指定为多个账户的次级用户。贵方将收到每个次级用户账户的单独邀请,且每次级用户账户都有单独的登录凭证。
    6. 同时持有标准账户用于个人交易的次级用户在使用次级用户账户时不能访问自己的标准账户。次级用户每次只能访问一个次级用户。
  3. 安全要求

    1. 贵方必须激活双因素身份验证(2FA),才能在账户中指定次级用户。
    2. 贵方账户下的任何次级用户也必须激活双因素身份验证。
    3. 任何次级用户只能通过贵方账户指定给其的次级用户账户登录凭证访问贵方的账户,第2.3.3条款规定的义务适用于贵方及每个次级用户。为避免歧义,这意味着贵方不得与任何人(包括次级用户)共享您本身的账户凭证,次级用户也不得与任何人(包括贵方或任何其他次级用户)共享其次级用户账户凭证。
  4. 用户管理

    1. 贵方自行负责次级用户的选择,并同意贵方与次级用户之间关于查看、交易或管理贵方账户的任何条款和条件(在适用的范围内)。
    2. 贵方自行负责管理和维护与贵方账户关联的所有次级用户。
    3. 贵方可以随时通过您账户的 “Manage user”选项中禁用任何次级用户。
    4. 贵方负责批准任何次级用户的链接,即使该次级用户是由贵方账户上现有“Administrator”类型次级用户指定的。
    5. 如果任何次级用户拥有自己的多用户账户,并已授予其他次级用户访问其帐户的权限,则该多用户账户下的次级用户不是贵方账户的次级用户,且没有访问贵方账户的权限。
    6. 我方不以任何方式认可、核实、证明、担保或以其他方式表明贵方指定的次级用户具有适当的知识、技能或能够根据次级用户账户类型和/或贵方的需求和指示操作贵方的账户。
    7. 贵方自行确定您指定的每个次级用户具有适当的知识、技能和可信度,以及足够的经验来根据贵方的需求和指示操作、交易或管理贵方账户。
    8. 贵方将就贵方次级用户户的任何作为或不作为向我方作出赔偿并使我方免受损害,我方对贵方因贵方次级用户的任何作为或不作为而遭受的任何损失不承担任何责任,但因我方的疏忽或错误作为或不作为直接导致的损失除外。
    9. 如果出现以上第 8 条中的任何情况,或我方合理认为需要暂停或终止贵方次级用户对贵方账户的访问,我方可能会暂停或终止贵方次级用户对贵方账户的访问,以保护贵方账户或我方平台。
  5. 多用户账户限制

    1. 个人账户:

      1. 每个多用户账户只能有一个“管理者”类型的次级用户;
      2. 每个多用户账户只能有一个“交易者”类型的次级用户,无论持有哪种类型的“交易者”子授权;
      3. 每个多用户账户拥有 “查看者”类型次级用户不受数量限制。
    2. 公司账户:

      1. 每个多用户账户最多可有 2 个“管理者”类型的次级用户;
      2. 每个多用户账户最多可有 2 个“交易者”类型的次级用户,无论持有哪种类型 “交易者”子授权;
      3. 每个多用户账户拥有的“查看者”类型次级用户不受数量限制。
  6. 次级用户注册和验证

    1. 任何拥有贵方账户“交易者”或 “管理者”访问权限的次级用户都将接受身份验证检查,并由我方根据适用法律和我方政策自行决定是否批准。
    2. 次级用户必须向 Independent Reserve 提供所有合理要求的身份证明文件、个人详细资料以及根据第 3.6.1 条款所需的其他信息来验证和筛选次级用户。
    3. 每个指定的次级用户必须经我方批准,并由我方根据第 3.6.1 条款进行必要的身份验证检查。
  7. 始终不变的所有权或义务

    1. 次级用户的存在不会以任何方式将贵方账户中的任何法币或加密货币(或法币或加密货币的任何权利或权益)转移、转让、设置产权负担、处置或抵押给任何次级用户。
    2. 次级用户的存在不会以任何方式改变、减少或转让本条款和条件下适用于贵方的任何义务。
    3. 根据本条款和条件,次级用户不能终止贵方的账户。
    4. 次级用户可以在未经贵方明确同意的情况下添加任何关联银行账户或外部钱包地址。
  8. 信息知晓

    贵方知晓并同意:

    1. 贵方次级用户在访问其次级用户账户之前必须阅读并同意本条款和条件;
    2. 对于贵方指定并经我方批准的任何次级用户,我方概不负责;
    3. 我方可能会根据隐私政策向贵方的一个或多个次级用户提供贵方的个人信息。
    4. 所有次级用户均可访问贵方的账户信息,包括个人信息;
    5. 次级用户进行的任何活动均被视为根据贵方的明确指示和同意代表贵方进行;
    6. 贵方将继续对次级用户进行的与贵方账户有关的任何相关活动负责,并且所有此类活动结果都将归属于贵方;
    7. 我方可自行决定随时拒绝次级用户发出的任何交易或转让指令。贵方同意我方可自行决定要求贵方以书面或口头方式确认次级用户发出的任何指令。如果我方不要求贵方以书面或口头方式确认次级用户发出的交易或转让指令,这并不代表我方认可该交易或转让指令,或对该交易或转让指令承担任何责任;
    8. 我方对以下情况概不负责:

      1. 因贵方指定次级用户的决策而可能造成的任何损失或损害;
      2. 次级用户向贵方提供的任何信息或报告;
      3. 贵方次级用户发起的任何加密货币交易或转让;
      4. 因次级用户在贵方账户上做出的任何决定、活动、作为或不作为而可能导致的任何损失或损害;
      5. 与贵方次级用户有关的任何适用费用、佣金、开支或其他款项;
      6. 以及因次级用户在贵方账户上进行的任何交易活动或发出的任何转让指令而可能产生或累积的任何税务责任,由于我方的疏忽或错误作为或不作为直接造成的除外。

4. 有限使用权

  1. 权利

    1. 我方授予贵方个人的、非独占的、不可转让的、可撤销的、有限的权利,以进入并使用平台及我方的服务。在法律允许的最大范围内,我方保留未明示授予的所有权利、所有权和利益。严禁使用本条款和条件未明确允许的平台或服务。
    2. 贵方承认并同意,平台和服务是我方财产,并受版权、知识产权和其他适用法律的保护。
    3. 贵方可以在任何一台计算机中查看、打印和/或下载任何材料的副本,仅供贵方个人、信息性、非商业用途,前提是贵方保持所有版权和其他所有权声明的完整性。贵方同意不以任何方式或形式修改平台中的材料,也不使用平台或平台中任何材料的修改版本,包括但不限于为了获取未经授权的平台访问而使用。
    4. 贵方同意不通过平台以外的任何方式访问我方的服务。
    5. 本平台使用的商标、服务标志、产品名称、公司名称和徽标归我方所有,或经第三方所有者许可或使用。任何第三方商标、服务标志、产品名称、公司或徽标均为各自所有者的财产。
    6. 除非另有说明,本平台中使用、显示或以其他方式提供的软件、文本、照片、图形、数据、价格、交易、图表、图像、视频、音频或其他类似信息属于我方,或根据许可提供给我方。此信息不得以任何形式或任何方式(无论是手动还是自动)复制、再制作、修改、再发布、上传、张贴、传输、抓取、收集、分发。

5. 维护账户

  1. 义务

    1. 在本平台注册和持有账户,即代表贵方同意:

      1. 维护并及时更新,保持最新、准确和完整的账户;
      2. 检查贵方账户并监控加密货币的动向,包括查看贵方交易历史记录中的任何未决、失效或取消的交易,以及重新执行任何失败的交易;
      3. 仅根据我方不时提供的指示充值贵方账户;
      4. 禁止他人在任何时候访问贵方账户,本文件第 3 节中指定的被授权访问贵方账户的次级用户除外;
      5. 不得协助他人未经授权访问任何人的账户(包括不同次级用户账户之间的访问);
      6. 全力配合我方调查任何不当、非法或欺诈性访问或使用贵方账户或任何其他账户的行为;
      7. 若贵方认为贵方账户(或次级用户账户)可能受到任何未经授权的访问或其他类型的欺诈活动或安全漏洞的影响,请在第一时间联系我方。未及时通知我方可能会限制我方保护贵方账户。对于贵方因任何未经授权的访问、欺诈活动或安全漏洞而遭受的任何损失,我方概不负责,但因我方未能采取合理措施确保平台安全而造成的损失除外;
      8. 与我方充分合作,调查账户中的任何涉嫌非法、欺诈或不当的活动;
      9. 不得使用非贵方姓名、使用临时电话号码或提供任何其他伪造的个人资料,为贵方开设多个账户(次级用户账户除外);
      10. 不得将服务或平台用于任何非法、欺诈性或不当活动,包括用于任何实验、测试或研究目的,或以其他未被设计的方式使用服务或平台;
      11. 不得使用本服务从事任何犯罪或限制活动,包括但不限于:

        1. 资助恐怖主义;
        2. 洗钱;
        3. 非法赌博;
        4. 贩毒或资助毒品;
        5. 恶意黑客攻击;或
        6. 他非法或禁止的活动;
      12. 不得以诽谤、威胁或骚扰的方式行事;
      13. 不得对本平台造成或允许任何损害或以其他方式干扰本平台,包括贵方提交信息所使用的软件和用户界面;
      14. 不得利用本平台或服务中的任何技术或技术错误、漏洞或故障,若贵方确实利用这些漏洞或故障,我方保留收回贵方所获得的任何收益的所有权利(无论这些收益是否保留在本平台);
      15. 向我方提供我方要求的准确、正确和有效的信息,并及时通知我方任何变更,且贵方不得向我方提供任何虚假、不准确、误导性或欺骗性信息;
      16. 若贵方向我方提供任何不准确或不完整的信息,或者我方有合理理由怀疑贵方有任何不准确或不完整的信息,我方可以暂停或终止贵方账户。
    2. 未经我方事先明确许可而创建或使用账户,将导致立即暂停所有相 关账户以及所有待买入/出售报价。任何试图这样操作或协助他人(账户持有人或其他人),或为此目的分发指令、软件或工具,都将导致该账户持有人的账户被终止。终止账户并非此类违规行为的唯一惩罚措施,我方可能会选择对贵方采取进一步惩罚措施。
    3. 贵方还负责维护贵方账户信息(包括密码)的机密性和安全性,保护贵方的加密货币,并负责所有活动,包括发布至贵方账户的交易。若存在与贵方账户相关的可疑活动,我方可能(但没有义务)要求贵方提供额外信息,包括验证文件,并冻结任何待审核的交易。贵方有义务遵守这些安全要求,否则我方可能会终止贵方账户。若出现未经授权使用贵方账户或次级用户账户或密码,或任何其他违反安全规定的行为,贵方必须在第一时间通知我方。若贵方违反这些规则,则贵方账户可能会被终止,并且贵方可能会赔偿我方或其他账户持有人因贵方未通知我方任何未经授权的访问、欺诈活动或安全漏洞而遭受的任何损失。

6. 转出平台

  1. 划转

    1. 对于由贵方或任何次级用户将任何加密货币从贵方账户转至其他钱包或交易平台的行为,贵方需自行负责。
    2. 贵方知晓并同意,一旦贵方或任何次级用户将任何法币或加密货币从贵方账户转至贵方的关联银行账户或其他钱包或交易供应商,我方概不负责。
    3. 贵方应全权负责确保:

      1. 任何法币提现的关联银行账户详情正确无误;
      2. 提现接收方钱包地址正确无误。
    4. 所有加密货币交易一经发送不可撤销,我方不负责验证从贵方账户中提现的接收方地址。我方无法取消划转。
    5. 在提现和存储贵方加密货币时,尤其是从贵方账户提至海外供应商时,贵方必须采取预防措施。有关提现至海外供应商的风险,我方在保护您的账户和如何识别比特币诈骗页面中准备了相关的教育文章。这些文章将不时更新。贵方承认并同意:

      1. 贵方有责任阅读这些文章,并随时了解任何更改;
      2. 这些文章仅为教育目的,不应视为所有潜在诈骗的全面清单;
      3. 新加坡金融管理局或其他监管机构或政府机构可能会不时提供有关当前骗局的信息或警报,贵方有责任查看任何此类信息;
      4. 贵方有责任确保将贵方账户中的任何提现发送至有效且正确的地址,并且用于合法目的;
      5. 我方没有任何义务核实提现地址或确定提现是否可能遭受诈骗,无论该诈骗类型是否已在本文件或其它地方列出;和
      6. 在任何情况下,无论我方在本文件或其它地方是否明确说明此骗局,从贵方账户划转而造成的任何损失,我方概不负责。

7. 账户透支

  1. 账户透支

    1. 贵方账户中必须有足够的资金,以使用平台进行交易。
    2. 若贵方账户透支,则贵方同意向我方支付:

      1. 我方最新确定的账户透支费,用于支付我方因账户透支而产生的合理成本和费用
      2. 总透支金额,包括账户透支费。
    3. 若贵方未能支付尚未结清的透支金额和账户透支费,我方可以随时暂停或终止贵方账户,无需通知贵方。
    4. 若在我方发出要求后,贵方未支付尚未结清的透支金额,则:

      1. 贵方授权我方出售贵方账户中的任何加密货币资产,以抵扣未结清金额;和
      2. 贵方同意赔偿我方产生的所有成本、费用和损失,包括经纪费、税费、透支费和与我方根据本条款执行的任何交易有关的任何其他费用,以收回贵方未支付的透支金额。
    5. 我方有权在未经贵方同意的情况下聘请第三方收款机构追讨贵方在本条款和条件下欠我方的任何款项。贵方有责任按要求支付我方根据本条款和条件追讨贵方欠我方款项而产生的所有费用,包括债务催收费用和执行费用。

8. 终止

  1. 贵方可以在任何未决交易结算后随时终止本条款和条件,并关闭贵方账户。
  2. 贵方同意,我方可在发出通知后自行决定终止贵方对平台、服务和账户的访问,包括但不限于:

    1. 限制、暂停或终止贵方以及任何次级用户对服务或账户的访问;
    2. 禁止或限制访问平台及其内容、服务和工具
    3. 延迟或删除托管内容;和
    4. 采取任何技术或法律措施阻止贵方访问平台或服务,若我方合理认为贵方:

      1. 造成问题或法律责任;
      2. 侵犯我方或任何第三方的知识产权,或
      3. 以不符合或违反本条款和条件的方式行事。
  3. 此外,我方可自行决定出于任何原因暂停、管制、限制或终止贵方账户,包括但不限于:

    1. 尝试未经授权访问平台、服务或其他用户账户(包括任何次级用户账户),或者为试图这样做的他人提供协助;
    2. 企图突破有关限制内容使用或保护内容的软件安全功能;
    3. 企图利用平台、服务或账户进行任何非法活动,如:

      1. 洗钱;
      2. 非法赌博活动;
      3. 资助恐怖主义;
      4. 资助毒品;
      5. 恶意黑客攻击;
      6. 或任何其他犯罪或被禁止的活动,
    4. 贵方或任何次级用户违反本条款和条件、我方隐私政策或我方安全程序;
    5. 未支付任何交易款项;
    6. 现意外的技术或操作困难;或
    7. 存在执法机关或其他政府机构的请求,若我方认为其合法且有说服力,则由我方自行决定。
  4. 我方还有权取消未确认账户或 6 个月及以上未激活账户,和/或有权修改或终止本平台或服务。贵方同意,根据本条款和条件,我方对贵方或任何第三方终止、暂停或限制账户或访问平台和服务概不负责。
  5. 账户的暂停不影响支付在本平台过往交易所产生的任何费用。
  6. 账户终止后,贵方必须向我方提供一切合理协助,以便划转存至贵方账户的任何法币或加密货币。加密货币可能不会转至有效的银行账户。加密货币仅在兑换为法币或出售后才能转至贵方的关联银行账户。
  7. 如果贵方终止账户,我方将按当前市场汇率(扣除任何适用费用)将所有加密货币出售,转为贵方最初为账户充值时使用的法币。
  8. 我方将在贵方要求终止账户后尽快划转法币。
  9. 我方将向贵方发送贵方账户余额,但在某些情况下,许多中间机构可能参与国际支付,这类中间机构或收款银行可能会扣除费用。我方将尽力确保在发送付款前向贵方披露此类费用,但若无法避免,贵方承认并同意,此类费用可能无法提前计算,无论我方是否披露此类费用,贵方对此类费用负有全部责任。

9. 服务的可用性

  1. 平台和服务不提供任何形式的保证,无论是明示、暗示、法定或其他。
  2. 我方不保证平台和服务 100% 可用以满足贵方需求或要求。
  3. 我方将努力尽快为贵方提供服务并访问平台,但不保证访问不中断、安全,或者不会出现延迟、故障、错误、遗漏或传输信息的丢失。
  4. 我方将尽力确保贵方能够根据本条款和条件正常访问平台和服务。
  5. 贵方同意,我方不对因我方不可控的因素(包括但不限于互联操作系统、计算机病毒和自然灾害、劳资纠纷、流行病和武装冲突)导致的服务临时中断负责。
  6. 我方可能会暂停使用平台或服务进行维护,并将尽力提前通知贵方。贵方承认并同意在紧急情况下可能无法实现这一点。

10. 市场波动性

若市场波动性高、交易量大、交易速度快或市场流动性不足,贵方买入、出售或交易加密货币的市场价格可能与本平台显示的价格不同。对于因市场波动、市场或技术中断、延迟或因我方不可控的事件而导致的任何价格变动,我方概不负责。贵方承认并同意,我方将按现价处理贵方交易。在某些情况下,若市场价格大幅上升或下降,或发生市场干扰或超出我方控制范围的事件,我方可能决定不执行交易,在这种情况下,我方可能取消任何订单并将资金退还至贵方账户。我方将尽力提前通知贵方此类事件,当贵方收到通知后,请务必检查贵方账户以及任何待处理或已取消的交易。

11. 保护措施

  1. 披露保护

    1. 我方将代表贵方将所有已充值的法币存至客户信托账户,该账户开设于拥有合法许可的新加坡银行。
    2. 贵方充值的法币与本平台客户收到的法币将混合存入该客户信托账户;
    3. 由于我方客户信托账户的性质,我方运营过程中可能会出现延误或中断;
    4. 即使我方破产,我方也无权抵销贵方法币充值的任何债务,除非此类债务与根据本条款和条件欠我方的任何费用有关。
    5. 贵方承认并同意,在维持客户信托账户中的法币充值所赚取的所有利息均应支付给我方。

12. 责任限制

  1. 责任限制
    1. 在法律允许的最大范围内,我方不承担任何罚款、处罚、税费(消费税(GST)除外),以及任何惩戒性、加重或惩罚性损害赔偿、违约赔偿或任何间接或后果性损失(包括但不限于利润损失、营收损失、业务损失、机会损失、数据损失、合同损失、生产损失和加密货币损失)。
    2. 就因贵方使用平台或服务而引起或与之相关的事件而产生的索赔而言,无论在合同还是侵权(包括疏忽)或其他方面,我方的金融负债总额在任何情况下均不得超过以下两项中的较低数额:

      1. 根据条款与条件,贵方账户中持有的总金额减去到期应付给我方的任何金额; 或
      2. 任何索赔主体的交易金额减去与此类交易相关的到期应付费用。

13. 赔偿

  1. 赔偿
    1. 在法律允许的最大范围内,贵方特此同意赔偿我方及我方合伙人、高管、董事、员工和代理人因侵权、法规、衡平法、合同或我方因以下原因遭受的任何性质的诉讼、责任、成本、索赔、要求、损失、损害、诉讼或费用(损失):

      1. 贵方(以及贵方的次级用户户)疏忽或错误作为或不作为;
      2. 贵方违反任何法律、规例或规则;
      3. 贵方对本平台或任何其他用户、个人或实体造成的任何损害;
      4. 贵方使用平台或服务;或
      5. 贵方违反本条款和条件或隐私政策,但若此类损失是我方疏忽或不当行为或不作为直接造成的,贵方将不承担任何责任。

14. 未分配资金的处理

  1. 处理

    1. 根据我方未分配资金政策,我方可以完全自行决定为用户持有我方银行账户中收到的未分配资金。
    2. 我方与贵方之间不存在任何信托关系,且我方不持有贵方以信托形式存放的任何资金,但根据我方未分配资金政策的资金除外。
    3. 若发现通过向我方充值建立了受托人关系,我方不承担因用户遭受的任何个人损失或损害而产生的任何责任。
    4. 根据本条款,我方以信托形式持有的任何资金在未分配时均须扣除费用。
  2. 对未分配资金提出索赔

  3. 贵方可以通过网站客服或电子邮件 support@independentreserve.com 联系我方,要求偿还未分配资金(扣除任何累积费用)。
  4. 未分配资金的受托人

    1. 充值资金被归类为未分配资金后,该充值资金将转给我方,我方将成为受托人。
    2. 作为受托人,我方将代表充值者持有未分配资金,并且我方有义务应要求向所有者偿还未分配资金。未分配资金将产生 S$250 (不含消费税)的搜索费;每月未分配资金的管理费为 1%(不含消费税)。

15. AutoTrader

  1. 条款

    1. 一旦选择使用我方的 AutoTrader 服务,即代表贵方已确认阅读并理解 AutoTrader 如何运作? 教育页面。贵方还承认已知悉 AutoTrader 服务可用策略的详情,并已知悉使用 AutoTrader 服务所涉及的风险。
    2. 当触发事件发生时,所有 AutoTrader 策略都会在贵方账户中创建买入或卖出订单(例如,将法币充值记入贵方账户)。AutoTrader 策略的接受基础:我方将尽一切合理努力按照预期执行策略。若出现系统故障或不利的市场条件,我方可能会取消现有策略,并阻止任何新策略的制定。
    3. AutoTrader 策略无到期日,在贵方选择取消策略或贵方 AutoTrader 策略被我方取消之前有效。贵方应全权负责维护AutoTrader 策略,并确保现有策略始终适合贵方。
    4. 当贵方 AutoTrader 策略条件已满足并且您下达订单后,我方将尽最大努力为贵方提供最佳执行。获得最佳执行意味着我方将考虑到时间、价格、优先权和当前市场条件,努力确保贵方获得最佳价格结果。
    5. 一旦满足所选策略条件,我方将立即执行贵方 AutoTrader 策略。例如:AutoBuy 策略将在贵方法币充值由我方系统处理并记入贵方账户后执行。
    6. Independent Reserve 可能无法使用所有可用的法币或加密货币来执行贵方 AutoTrader 策略,我方不保证交易法币或加密货币的准确价值或数量。若在我方尽最大努力执行贵方策略后存在任何剩余余额,则法币或加密货币的剩余余额将保留在贵方账户中。剩余余额不会重新触发贵方AutoTrader 策略。
    7. 次级用户有权限为贵方创建 AutoTrader 策略,除非其仅为 “查看者”类型。根据本条款和条件,次级用户建立或取消 AutoTrader 策略的任何指令均被视为贵方的指令。对于因次级用户设置、修改或删除任何 AutoTrader 策略的作为或不作为而造成的任何损失,贵方应向我方作出赔偿并使我方免受损害,但对于因我方在执行贵方的 AutoTrader 策略(无论由贵方或贵方次级用户发起)时的疏忽或错误作为或不作为而直接造成的任何损失,贵方将不承担任何责任。
  2. AutoTrader 风险披露声明

    1. 本风险披露声明未包括与 AutoTrader 策略相关的所有风险,不应被视为与 AutoTrader 服务相关的所有风险的完整解释。在考虑与 AutoTrader 相关的所有潜在风险时,贵方应同时考虑个人情况。
    2. 市场条件可能使我方无法执行贵方 AutoTrader 策略所产生的订单。AutoTrader 策略和由此产生的买卖订单不会因加密货币价格意外上涨或下跌而采取任何措施。贵方应全权负责监控市场状况和 AutoTrader 策略,以确保其始终适合贵方情况。我方保留随时撤销 AutoTrader 服务的权利,恕不另行通知。对于贵方因AutoTrader 服务停止提供而遭受的任何损失或损害,我方概不负责。
    3. 在消费者保护法允许的范围内,对于贵方因 AutoTrader 策略延迟执行、系统故障、在触发 AutoTrader 策略后未执行订单而遭受的任何损失或损害(包括间接损失、利润损失和经济损失),我方概不负责。

16. 其他约定

  1. 若我方因超出我方控制范围的因素(包括但不限于不可抗力事件、法律变更或制裁政策变更)而无法履行本条款和条件中规定的服务,我方对贵方在本条款和条件下提供的服务不承担任何责任。
  2. 我方通过本平台收集的关于贵方任何个人信息仅供我方根据隐私政策使用和披露。
  3. 本条款和条件中的任何内容均不阻止我方遵守任何政府监管机构或实体做出的任何合理指示,并且贵方承认并同意我方可能无法通知贵方因政府监管机构或实体指示而需要采取的任何行动。
  4. 我方可以在服务器中使用 Cookie 识别贵方计算机,以便我方可以在平台中跟踪贵方的使用情况。在某些情况下,Cookie 可能会收集和存储贵方个人信息。此类个人信息仅供我方根据隐私政策使用。
  5. 贵方还有责任就贵方账户寻求专业建议,并确保遵守贵方可能承担的任何义务。
  6. 贵方在本平台查看的本条款和条件的发布版本将取代所有先前版本。
  7. 若本条款和条件的任何条款因任何原因被认定为无效、不可执行或非法,则本条款和条件的其余部分应继续具有充分的法律效力。

17. 区块链分叉

  1. 我方有权自行决定是否支持区块链分叉产生的任何新代币。
  2. 若客户希望访问任何生成的代币,建议其在分叉前将加密货币撤至自控地址。
  3. 若我方决定支持分叉事件,贵方可以联系客服,选择不接收分叉事件产生的任何加密货币。

18. 空投

  1. 我方有权自行决定是否支持任何空投活动。在空投活动发生后,我方可能决定向贵方提供任何空投加密货币。若我方决定在空投活动中提供任何加密货币,贵方可以联系客服,选择不接收空投活动产生的任何加密货币。次级用户不能代表贵方做出任何有关退出空投活动的指示。

19. 条款修订

我方有权随时自行决定变更、修改、修订、添加或删除本条款和条件。这些修改、修订、增加或删除在平台发布后将适用于贵方对平台和服务的使用(无论贵方是否知悉这些修改、修订、增加或删除),并将在发生更改后贵方首次登录账户时通知贵方。在条款和条件发生任何变更后,贵方继续使用平台和服务,表明贵方接受并同意此类变更,并且贵方所有后续交易将受修订条款和条件的约束。

20. 适用法律

贵方承认并同意贵方对本网站的使用及本条款和条件受新加坡法律管辖,且贵方不可撤销地服从新加坡法院的专属管辖权。

21. 定义

“账户 (Account)”指标准账户和多用户账户。

“账户持有人”指拥有标准账户或多用户账户的个人或实体。

“API”指我方提供的应用程序编程接口。

“App”指我方提供的移动应用程序,可随时从 Apple Store、Google Store 或任何其他 App Store 下载。

“AutoTrader”指我方自动交易服务,允许贵方创建自动交易策略。

“加密货币”或“数字货币 (Cryptocurrency)”指我方在平台列出的货币、代币、加密货币、数字货币或数字资产。

“DPT”指 2019 年《支付服务法案》第 2 条规定的数码付款代币。

“实体 (Entity)”指以下其中一项:

  1. 独资企业
  2. 私人有限公司;
  3. 上市公司;
  4. 普通、有限或有限责任合伙公司;
  5. 信托;
  6. 基金会。

“平台 (Platform)" 指我方提供的网站、App 或其他 API。

“隐私政策 (Privacy Policy)”指我方在网站中提供的隐私政策,可通过 https://www.independentreserve.com/sg/zh/help/privacy-policy访问。

“服务 (Services)”指:

  1. 用于兑换、买入、出售、交易或转让加密货币的交易所服务;
  2. 我方为持有加密货币提供的钱包服务;和
  3. 与上述服务相关的任何其他服务。

“标准账户 (Standard Account)”指我方为使贵方能够使用平台而创建的账户。

“次级用户 (Multi-User)”指根据本条款和条件第 3 节获准访问贵方多用户账户的个人。

“多用户账户 (Multi-User Account)”指我方根据本条款和条件第 3 节为次级用户创建的账户。

“条款和条件 (Terms and Conditions)”指本条款和条件。

“加密货币未分配资金 (Unallocated Cryptocurrency Deposit)”指:

  1. 用户已充值有效的钱包;
  2. 充值记录不包含任何能够让我方识别充值所有者的信息;
  3. 尽管进行了合理查询,但我方在充值日期后仍无法确定充值所有者;
  4. 客户未提供证据证明其为充值的所有者;和
  5. 没有客户对丢失的加密货币提出索赔。

“未分配资金 (Unallocated Deposit)”指在本平台未分配的加密货币和未分配的法币,在18个月内没人声明其所有权。

“未分配法币 (Unallocated Fiat Deposit)”指充值日期之后的法币:

  1. 用户已充值有效账户,但未提供唯一的充值代码;
  2. 充值记录不包含任何能够让我方识别充值所有者的信息;
  3. 尽管进行了合理查询,但我方在充值日期后仍无法确定充值所有者;
  4. 客户未提供证据证明其为充值的所有者;和
  5. 没有客户对丢失的资金提出索赔。

“网站 (Website)”指地址为 https://www.independentreserve.com/sg/zh 的网站或我方运营的任何其他网站。

“我方 (we, us or our)”指 Independent Reserve 新加坡私人有限公司, 机构识别号码 (UEN) 201942383Z。

“贵方 (you or your)”指平台的任何用户,包括次级用户,除非另有明确规定。

Terms & Conditions

Last updated: 16 October 2024

1. Acceptance

  1. By using the Platform, you expressly represent and warrant that you are agreeing to accept and comply with these Terms and Conditions.
  2. You should read the entire Terms and Conditions carefully before you use the Platform or any of the Services.
  3. Our Platform allows you to buy, sell, trade, hold and transfer Cryptocurrency ("Services").
  4. The transfer of Cryptocurrencies is only supported via the wallet addresses, which are visible to you on the "Wallet" page of the Platform. These wallet addresses are specific to you and each Cryptocurrency must be used in accordance with instructions provided to ensure successful transfer. Failure to follow instructions may result in irretrievable loss of Cryptocurrency.

2. Account

  1. Eligibility and application

    1. You must register for an Account to access the Platform and our Services. You can register for an Account via our Website.
    2. There are three types of Accounts:

      1. Standard Account;
      2. FastTrack Account
      3. Multi-user Account
    3. To be eligible to open an Account with us, you must:

      1. be an individual who is at least 18 years old; or
      2. be an Entity.
    4. The Platform is available only to residents located in Australia and is not intended to be offered or made available to any person who resides outside of these countries. If you access this Platform outside of these countries, then you do so at your own risk and it is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Platform and Services.
    5. When applying for an Account, you must provide any information requested by us in order for us to provide complete access to the Platform and Services. You consent to your personal information being collected and used in accordance with the bitcoin.com.au Privacy Policy. In addition, for the purposes of verifying your identity, you consent to:

      1. the verification of your personal information with credit bureau header files (for verification only);
      2. against records held by official document issuers or official record holders via third party systems; and
      3. your verification agent(s) acting as a nominated intermediary in accordance with Australian Privacy Act 1988, to access your personal information which is held by third parties. You also consent to the use by third parties of the results of any verification checks on your identity for the purposes of monitoring and improving their verification services.
    6. You may be eligible for a FastTrack Account, subject to the terms of these Terms and Conditions. A FastTrack Account gives you limited access to the Platform and Services (see clause 2.5 below for more detail). To be eligible for a FastTrack Account you must provide us with the FastTrack Information. We will only open a FastTrack Account for you if we have discharged all our anti-money laundering and counter-terrorism financing obligations. To access the full functionality of the Platform and Services, you will need to complete the further steps required by us to upgrade to a Standard Account.
  2. Changes

    1. You may only make changes to your Account with our consent.
    2. The type of changes that can be made by you will depend on whether you are the Account Owner or a secondary user. Clause 3 sets out the set-up of Multi-user Accounts and the authority that attaches to each type of Secondary User Account.
    3. We may require you to comply with our security procedures before we consent to any changes.
  3. Use

    1. Your Account is to be used only by you, any secondary user or any person nominated by you and approved by us in accordance with our policies and procedures.
    2. You may not assign or otherwise transfer your Account to any other person or entity.
    3. You are solely responsible for maintaining and protecting the confidentiality and security of your Account (including, but not limited to, your login credentials, two factor authentication device, linked email account, any bank account used in connection with your Account, phone number and any information you have provided in connection with your Account). We are not responsible or liable for any unauthorised access to, or use of, your Account (even where you may not be aware of such unauthorised access) except to the extent we have failed to take reasonable steps to secure the Platform.
    4. You must only deposit fiat currency into your Account from a bank account that is in the name of the Account holder or any other bank account nominated by you and approved by us in accordance with our policies and procedures.
    5. We may refuse to accept any fiat currency deposit that is received and marked for your Account from a bank account that is owned or operated by a third party. If we refuse to accept a deposit, the deposit will be returned to the originating bank account and will not be credited to your Account.
    6. You must link a bank account to your Account as part of the Account registration process and before any fiat currency withdrawals can be processed. This bank account will need to be in the name of the Account holder or an account we have otherwise approved for use in accordance with clause 2.3.4. All fiat currency withdrawals requested by you will be paid to your linked bank account. We will not process any fiat currency withdrawals to any other bank account.
    7. Before crediting or debiting any funds from your Account, we may, at any time, request additional information to verify whether you are the owner of a bank account or are authorised to operate a bank account.
  4. Agency

    1. You warrant that if you are creating an Account on behalf of an Entity you are authorised to create an Account and to use the Platform as an agent of the Entity.
    2. We may, in our complete discretion, require you to produce evidence that you are authorised to act on behalf of the Entity and you must provide us with any information we reasonably request for this purpose.
  5. FastTrack Account

    1. A FastTrack Account gives you limited access to some parts of the Platform and Services. You will not be able to access all parts of the Platform and Services until such time as you provide us with information (in addition to the FastTrack Information) that we require to assess your eligibility to be registered for a Standard Account and we have opened a Standard Account for you.
    2. By opening a FastTrack account, you acknowledge and agree that the usability of our Platform and Services is restricted until you have provided all necessary information. You agree that all withdrawals of fiat currency and Cryptocurrency will remain restricted on your Account until you are issued with a Standard Account.
    3. If you are unable or unwilling to pass the full user verification process, bitcoin.com.au reserves the right to cease offering any Services to you and close your Account. If you have any fiat or Cryptocurrency in your Account when it is closed, any fiat or Cryptocurrency will be returned to the source address or bank account (as applicable). You may be asked to provide evidence of the source of a deposit to enable bitcoin.com.au to return your funds or Cryptocurrency to you. Normal fees apply to any required liquidation of Cryptocurrency or fiat if we close your Account.
    4. You are not permitted to appoint any Multi-user if you hold a FastTrack Account.
  6. Risks

    1. This clause outlines some of the risks (in no particular order of importance) that may be relevant to your use of the Platform and Services. This is not intended to be an exhaustive list of all relevant risks. You should consider all of the risks that may be relevant to your use of our Platform and Services and assess whether those risks are acceptable to you having regard to your financial circumstances and risk tolerance. If you are unsure, we strongly recommend that you do your own research and obtain your own financial, investment or professional advice.
    2. The trading or holding of Cryptocurrencies involves significant risk. Prices can and do fluctuate on any given day. Due to such price fluctuations, you may increase or lose value in your assets at any given moment. Any currency - crypto or not - may be subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.
    3. Cryptocurrency trading also has special risks not generally shared with conventional currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Cryptocurrencies are a unique kind of currency, backed by technology and trust. There is no central bank that can take corrective measure to protect the value of Cryptocurrencies in a crisis or issue more currency. Instead, Cryptocurrencies are an as-yet autonomous and largely unregulated worldwide system of currency firms and individuals.
    4. Traders put their trust in a digital, decentralised and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity.
    5. Due to the significant risks associated with trading Cryptocurrency, as well as the impact of technology and the international market, we do not warrant or guarantee that particular Cryptocurrencies will be available on our Platform.
    6. We reserve the right to stop offering trades in relation to particular Cryptocurrencies on our Platform at any time for any reason. We will use our reasonable endeavours to notify you if we cease to support trading in particular Cryptocurrency. If this is the case, you will not be able to buy, sell, trade or transfer Cryptocurrency into any other currency, however you will be given the option to move the Cryptocurrency to another platform or third party.
    7. Cryptocurrency trading is susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand relative to supply. For example, confidence might collapse in Cryptocurrencies because of unexpected changes imposed by the software developers or others, a government or regulator crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems such as if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent any transactions from settling.
    8. You agree to indemnify and hold us harmless for any losses incurred as a result of technical failures, hacks, government or regulator intervention or any other issue that negatively impacts the underlying blockchain or network of a Cryptocurrency listed on our Platform.
    9. While we endeavour to keep any Cryptocurrencies we hold for you safe (whether in cold storage, smart contacts in the blockchain or otherwise), there is a risk that the Cryptocurrencies may be lost, compromised, slashed or hacked for reasons outside of our control. This may result due to underlying issues or vulnerabilities in a network (including smart contracts), any actions or omissions from third party service providers or from intentional acts from hackers or other bad actors. Where possible, we will implement controls to mitigate the occurrence or potential impact of these risks. Despite this, there is still a risk that any Cryptocurrencies you hold with us may nonetheless be impacted. In these circumstances, you may seek to access any rights you have under these Terms and Conditions or at law.
    10. In the unlikely event we suffer a financial failure, we may not be able to settle our obligations under these Terms and Conditions as and when those obligations become due. This may mean we may not be able to meet any of our obligations under these Terms and Conditions (including any indemnity). This is often referred to as counterparty risk and is something that exists in every contract or agreement.
    11. There is also the risk that the regulatory landscape changes and any change may impact:

      1. our ability to comply with these Terms and Conditions;
      2. impact the value of your Cryptocurrencies;
      3. require additional disclosures;
      4. reduce the attractiveness of the Platform or Services; and
      5. in some extreme cases, may mean:

        1. the Platform or Services may need to be changed or withdrawn from the market; or
        2. conditions need to be imposed on your access to our Platform or Services.
    12. There may be additional risks that we have not foreseen or identified in our Terms and Conditions. You should consider all potential risks and you may wish to consult a professional adviser if you are unsure.
    13. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling, trading or holding cryptocurrencies.
    14. We use our banking and payments providers in order to accept deposits from you and make payments to you in fiat currency. Our banking providers do not transfer Cryptocurrencies, exchange Cryptocurrencies, or provide any services in connection with Cryptocurrencies.
    15. We are not required and do not hold an Australian Financial Services Licence and we do not provide any financial product advice, any financial products or any financial services. Nothing on our Platform is intended to be or should be taken as legal, financial, business or taxation advice. You should seek your own legal, financial, business, tax and accounting advice in relation to any Cryptocurrency activities.
  7. Credit and Debit Card Transactions

    1. You may be eligible to deposit fiat currency into your Account from a credit card or debit card.
    2. Fiat deposits made by credit card or debit card attract a transaction fee. You can view our full list of fees here.
    3. Your financial institution may charge you a transaction fee, cash advance fee, or similar, when you make a fiat deposit by credit card or debit card. These fees are not charged by us. Please check with your financial institution what fees may be charged prior to initiating a fiat deposit using your credit card or debit card.
    4. We use PayPal to securely process card deposits. bitcoin.com.au does not hold or store your card details.
    5. As the payment processor, PayPal’s involvement in the transaction is to facilitate the top-up of your fiat balance. PayPal’s service is considered complete once your account balance has been updated. Once complete, any issues related to your fiat account balance are outside of PayPal’s control, and PayPal is not responsible for any resulting consequences.
    6. After the card transaction has been successfully made, any transactions using your deposit balance are completed by bitcoin.com.au.
    7. A secondary user may not deposit fiat currency to your Account using any credit card or debit card in accordance with this clause 2.7 on your behalf.
  8. PayPal Transactions

    1. You may be eligible to deposit fiat currency into your Account from your PayPal account.
    2. Fiat deposits made by PayPal attract a transaction fee. You can view our full list of fees here.
    3. Your financial institution may charge you a transaction fee, cash advance fee, or similar, when you make a fiat deposit by PayPal depending on how you elect to fund your PayPal account. These fees are not charged by us. Please check with your financial institution what fees may be charged prior to initiating a fiat deposit using your PayPal account.
    4. We use PayPal to securely process these deposits. bitcoin.com.au does not hold or store your PayPal wallet details.
    5. As the payment processor, PayPal’s involvement in the transaction is to facilitate the top-up of your fiat balance. PayPal’s service is considered complete once your account balance has been updated. Once complete, any issues related to your fiat account balance are outside of PayPal’s control, and PayPal is not responsible for any resulting consequences.
    6. After the PayPal transaction has been successfully made, any transactions using your deposit balance are completed by bitcoin.com.au.
    7. A secondary user may not deposit fiat currency to your Account using any PayPal account in accordance with this clause 2.8 on your behalf.

3. Multi-user Accounts

  1. Appointment of secondary users

    1. We may allow you to nominate additional users to access your Account (each a "secondary user").
    2. Each secondary user will be required to create a separate Account with us in order to act as your secondary user ("Multi-user Account") using an invite link generated by us.
    3. Each secondary user must set-up a Secondary User Account for each time they are invited to become a secondary user regardless of whether that secondary user holds their own Standard Account or is an existing secondary user for another Multi-User Account.
    4. Where an individual is nominated as a secondary user for multiple Multi-User Account holders they are required to hold a separate Secondary User Account for each nomination.
    5. Any nominated secondary user must be:

      1. an individual who is at least 18 years old; and
      2. a resident located in Australia.
    6. Your Account must be fully verified to nominate a secondary user. FastTrack Account holders are not able to nominate any secondary users.
    7. Provided that your Account is fully verified, you may nominate a secondary user either:

      1. at the time that you open a Standard Account and we have carried out all identification and verification procedures in accordance with these Terms and Conditions and our policies; or
      2. at a later time by following the instructions we provide to you through the Platform.
    8. A secondary user can only be nominated following the process that we detail from time to time in the Platform.
    9. We must consent to any nominated secondary user before that secondary user is provided with a link to set up their own log-in credentials for a Secondary User Account. As part of the set-up process, secondary user must agree to operate their Secondary User Account in accordance with these Terms and Conditions.
  2. Secondary user Types and Permissions

    1. When nominating an individual as a secondary user you must select what type of secondary user you want.
    2. You are able to nominate an individual as one of the following three secondary user types on your Account:

      1. Viewer;
      2. Trader (Three different tiers of Trader are available):

        1. Trader with no withdrawals;
        2. Trader with restricted withdrawals;
        3. Trader with unrestricted withdrawals.
      3. Administrator.
    3. We will provide the details on the applicable permissions of each secondary user type in the "Manage Users" tab of your Account on the Platform. We strongly encourage you to read this information before selecting the secondary user type that will apply to any particular individual you wish to nominate as a secondary user.
    4. You may change the secondary user permissions at any time via the "Manage User" tab of your Account. Where you change a secondary user’s permission from "Viewer" to "Trader" or "Administrator", the secondary user must first meet the requirements set out in clause 3.6.1 before their access is changed.
    5. You may be appointed a secondary user of more than one Account. You will receive a separate invitation for each Secondary User Account and will have separate log-in credentials for each Secondary User Account.
    6. A secondary user that also holds a Standard Account for their personal trading is not able to access their Account whilst using the Secondary User Account. A secondary user will only be able to access one Secondary User Account at a time.
  3. Security Requirements

    1. To nominate secondary users on your Account, you must have two-factor authentication activated.
    2. Any Secondary User Account must also have two-factor authentication activated.
    3. Any secondary user will only be able to access your Account with their own log-in credentials for the Secondary User Account that is linked to your Account and the obligations in clause 2.3.3 apply to you and each of your secondary users. For the avoidance of doubt, this means you must not share your Account credentials with any person (including a secondary user) and a secondary user must not share their Account credentials with any person (including you or any other secondary users).
  4. User Management

    1. You are solely responsible for selecting a secondary user and agreeing to any terms and conditions between you and your secondary user (to the extent applicable) in which they may view, trade via or administer your Account.
    2. You are solely responsible for the administration and maintenance of all secondary users linked to your Account.
    3. You may, at any time, deactivate any secondary users from your Account by accessing the "Manage Users" tab of your Account.
    4. You must approve the linking of any secondary user, even if that secondary user was nominated by an existing "Administrator" type secondary user on your Account.
    5. Where a secondary user has their own Multi-user Account which has granted access to other secondary users, the secondary user under that Multi-user Account is not a secondary user of your Account and will not have any access rights to your Account.
    6. We do not in any way endorse, verify, attest, warrant or otherwise indicate that a secondary user nominated by you is appropriately skilled, competent or capable of operating your Account in accordance with the type of Multi-user Account and / or your needs and instructions.
    7. You are solely responsible for determining whether each secondary user you nominate is appropriately knowledgeable, skilled and trustworthy and has sufficient experience to operate, trade via or administer your Account in accordance with your needs and instructions.
    8. You indemnify and hold us harmless in respect of any acts or omissions of your secondary users and we will not be liable for any loss suffered by you as a result of any acts or omission of your secondary users, except to the extent that it directly arises from our negligent or wrongful acts or omissions.
    9. We may suspend or terminate your secondary user’s access to your Account if any of the circumstances in clause 8 apply or we otherwise reasonably form the view such suspension or termination is required to protect your Account or the Platform.
  5. Multi-User Account Limits

    1. Individual accounts:

      1. Only 1 "Administrator" type secondary user per Multi-user Account;
      2. Only 1 "Trader" type secondary user per Multi-user Account, irrespective of which type of "Trader" subauthorisation is granted;
      3. There is no limit to the amount of "Viewer" type secondary users per Multi-user Account.
    2. Company accounts:

      1. Up to 2 "Administrator" type secondary users per Multi-user Account;
      2. Up to 2 "Trader" type secondary users per Multi-user Account, irrespective of which type of "Trader" subauthorisation is granted;
      3. There is no limit to the amount of "Viewer" type secondary users per Multi-user Account.
  6. Secondary user Registration and Verification

    1. Any secondary user with "Trader" or "Administrator" access to your Account will be subject to identity verification checks and will be approved at our sole discretion in accordance with the applicable laws and our policy.
    2. Secondary users must provide bitcoin.com.au with all reasonably requested, identification documentation, personal details and other information that may be required to identify and screen the secondary user for the purposes of clause 3.6.1.
    3. Each nominated secondary user must be approved by us and is subject to us conducting the required identity verification checks in accordance with purposes of clause 3.6.1.
  7. No Change in Ownership or Obligations

    1. The existence of a secondary user does not in any way transfer, assign, encumber, dispose of or hypothecate any of the fiat currency or Cryptocurrency (or any rights in, or interests to, the fiat currency or Cryptocurrency) held in your Account at any time to any of the secondary users.
    2. The existence of a secondary user does not in any way change, reduce or assign any of the obligations that apply to you under these Terms and Conditions.
    3. A secondary user is not able to terminate your Account under these Terms and Conditions.
    4. A secondary user is able to add any linked bank account or external wallet address without your express approval.
  8. Acknowledgement

    You acknowledge and agree:

    1. That your secondary users must read and agree to these Terms and Conditions before gaining access to their Secondary User Account;
    2. We are not involved, responsible or liable for any secondary user that is nominated by you and approved by us;
    3. We may provide personal information held about you to any one or more of your secondary users in accordance with our Privacy Policy.
    4. All secondary users will have access to your Account information including personal information;
    5. Any activity performed by a secondary user is taken to be performed on your behalf in accordance with your express instructions and consent;
    6. You will continue to be responsible and liable for any activity that is conducted by a secondary user in relation to your Account and any related activities and all such activities will be attributed to you;
    7. We, in our absolute discretion, may decline any trading or transfer instruction given by a secondary user, at any time. You agree that we may, at our discretion, require from you written or verbal confirmation of any instruction given by a Multi-user. If we don’t request written or verbal confirmation for a trading or transfer instruction given by a secondary user, this does not imply that we endorse or otherwise take any responsibility or assume any liability for that trading or transfer instruction;
    8. We are not responsible or liable for:

      1. any loss or damage that may arise from your decision or non-decision to appoint a secondary user;
      2. any information or reporting that is provided to you by a secondary user;
      3. any trading or transfer of Cryptocurrency initiated by your secondary users;
      4. any loss or damage that may arise from any decision, activity, action or omission made by a secondary user on your Account;
      5. any applicable fees, commission, expenses or any other payments to your secondary user; and
      6. any tax liabilities that may arise or accrue as a result of any trading activity undertaken or transfer instruction initiated by a secondary user on your Account,

      except to the extent that it is a direct result of our negligent or wrongful acts or omissions.

4. Limited Rights of Use

  1. Rights

    1. We grant to you a personal, non-exclusive, non-transferable, revocable and limited right to enter and use the Platform and our Services. We reserve all rights, title and interest not expressly granted under this licence to the fullest extent possible under law. Any use of the Platform or Services not specifically permitted under these Terms and Conditions is strictly prohibited.
    2. You acknowledge and agree that the Platform and the Services are our property and are protected by copyright, intellectual property and other applicable laws.
    3. You may view, print and/or download a copy of any materials from the Platform on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. You agree not to modify the material on the Platform in any manner or form, or to use modified versions of the Platform or any materials on the Platform, including without limitation for the purpose of obtaining unauthorised access to the Platform.
    4. You agree not to access our Services by any means other than through the Platform.
    5. The trademarks, service marks, product names, company names and logos used on the Platform are either owned by us or are licenced or used with permission from a third party owner. Any third party trademark, service mark, product name, company or logo remains the property of the respective owner.
    6. The software, text, images, graphics, data, prices, trades, charts, graphs, video, audio or other similar information used, displayed or otherwise made available on the Platform belong to us or is available to us under licence, unless otherwise stated. This information should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected, or distributed in any form or by any means, whether manual or automated.

5. Maintaining Your Account

  1. Obligations

    1. By registering and holding an Account with us, you agree to:

      1. maintain and promptly update any information in your Account to keep it current, accurate, and complete;
      2. check your Account and monitor the movement of your Cryptocurrency including any pending, lapsed or cancelled transaction through your transaction history and to re-execute any transactions which fail;
      3. make deposits into your Account only in accordance with any instructions provided by us from time to time;
      4. not to allow others to access your Account at any time other than a secondary user that has been granted access to your Account in accordance with clause 3;
      5. not assist others in obtaining unauthorised access to any persons Account (this includes access between different Multi-user Accounts);
      6. fully cooperate with us in investigating any improper, unlawful or fraudulent access to or use of your Account or any other Account;
      7. contact us immediately if you believe that your Account (or a Secondary User’s Account) may be subject to any unauthorised access or other type of fraudulent activity or security breach. Failure to notify us in a timely manner may limit the options available to us to protect your Account. We will not be responsible or liable for any loss you suffer from any unauthorised access, fraudulent activity or security breach, except to the extent that such loss arises from our failure to take reasonable steps to secure the Platform;
      8. cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on the Account;
      9. not open more than one Account (excluding Secondary User Accounts) for yourself, by using a name that is not yours, using a temporary phone number or providing any other falsified personal information;
      10. not use the Services or Platform for any unlawful, fraudulent or improper activity, including for any experimental, testing or research purposes or otherwise in a manner for which the Services or Platform have not been designed;
      11. not use the service to engage in any criminal or restricted activities, including but not limited to:

        1. terrorist financing;
        2. money laundering;
        3. illegal gambling;
        4. distributing or funding drugs;
        5. malicious hacking; or
        6. other illegal or prohibited activities;
      12. not act in a manner that is defamatory, threatening or harassing;
      13. not cause or permit any damage to or otherwise interfere with our Platform, including the software and user interface by which you submit your information;
      14. not take advantage of any technical or technological error, loophole or glitch on the Platform or Services and, where you do take such advantage, we reserve all our rights to recover any proceeds that you make (whether or not they remain in the Platform);
      15. provide us with accurate, correct and valid information that we require and promptly notify us of any changes and you will not provide us with any false, inaccurate, misleading or deceptive information; or
      16. if you provide any inaccurate or incomplete information to us, or we have reasonable grounds to suspect you have, we may suspend or terminate your Account.
    2. The creation or use of Accounts without obtaining the prior express permission from us will result in the immediate suspension of all said Accounts, as well as all pending purchase/sale offers. Any attempt to do so or to assist others (Account holders or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the Accounts of such Account holders being terminated. Termination is not the exclusive remedy for such a violation, and we may elect to take further action against you.
    3. You are also responsible for maintaining the confidentiality and security of your Account information (including your password, two factor authentication device, linked email account, phone number, bank account used in connection with your Account and any other information that is provided in connection with your Account), safeguarding your own cryptocurrencies, and for all activity including Transactions that are posted to your Account. If there is suspicious activity related to your Account, we may, but are not obligated, to request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests, or we may terminate your Account. You are required to notify us immediately of any unauthorised use of your Account or Secondary User Accounts, log in credentials, two factor authentication device, linked email account, bank account used in connection with your Account, any other information that is provided in connection with your Account or any other breach of security. If you violate these rules, your Account may be terminated and you indemnify us for any losses that we or another Account holder may suffer as a result of you failing to notify us of any unauthorised access, fraudulent activity or security breach.

6. Trading

  1. You may buy or sell any Cryptocurrency by initiating a trade from your Account or by accessing our OTC Services.
  2. A trade may be made at:

    1. for trades initiated via your Account, the market price or by setting a limit price (where available); or
    2. for OTC Trades, at the price we quote.
  3. Once the trade has been executed, any:

    1. Cryptocurrency bought by you will be credited to your Account; and
    2. Cryptocurrency sold by you will debited from your Account and the sale proceeds will be credited to your Account in the fiat currency chosen by you. You may withdraw that fiat currency under clause 8.
  4. Once Cryptocurrency bought by you has been credited to your Account under clause 6.1.3(a), you may transfer that Cryptocurrency to another wallet or trading platform under clause 8 or sell that Cryptocurrency under clause 6. If you don’t transfer or sell that Cryptocurrency, then clause 7 will apply to any Cryptocurrency credited to and held in your Account.

7. Holding

  1. If you keep your Cryptocurrency in your Account and don’t sell it under clause 6 or transfer it out under clause 8, then we will hold that Cryptocurrency for you on a 1:1 basis until you transfer or sell that Cryptocurrency in accordance with these Terms and Conditions.
  2. We will hold all private keys for any Cryptocurrency we hold for you. We hold a majority of Cryptocurrency in secure offline cold storage protected in underground vaults.
  3. We don’t charge any fees for holding your Cryptocurrency. However, from time to time we may store some of your Cryptocurrency in smart contracts for on-chain staking protocols.
  4. If you choose to hold Cryptocurrency in your Account, you acknowledge and agree that we can store your Cryptocurrency in smart contracts for on-chain staking protocols and we don’t need to obtain any further consent from you to do so or provide you with any notice or details.
  5. If you don’t want us to store your Cryptocurrency in smart contracts for on-chain staking protocols, then you must immediately transfer out your Cryptocurrency under clause 8 or sell your Cryptocurrency under clause 6.
  6. If we store some of your Cryptocurrency in smart contracts for on-chain staking protocols, then we may earn staking rewards for doing so. You acknowledge and agree that we are absolutely entitled to those staking rewards and that:

    1. you do not have any entitlement to those staking rewards; and
    2. there is no intent or expectation by you or us that any staking rewards will be generated for you, for your benefit or on your behalf.
  7. If any of the Cryptocurrencies we hold for you under this clause are lost, compromised or slashed solely due to our own negligent or wrongful acts or omissions, we will indemnify you for that loss.
  8. While we will take all reasonable steps to protect any Cryptocurrency we hold for you, there are risks with us holding your Cryptocurrency. Please make sure you read the risks in clause 2.6 in relation to us holding your Cryptocurrency. If these risks are not acceptable to you, then you must immediately transfer out your Cryptocurrency under clause 8 or sell your Cryptocurrency under clause 6.

8. Transfers out of Platform

  1. Transfer

    1. You are responsible for the transfer of any Cryptocurrency by you or any secondary user out of your Account to another wallet or trading platform.
    2. You acknowledge and agree that we will not be responsible or liable for any fiat currency or Cryptocurrencies once you or any secondary user has transferred them from your Account to your linked bank account or other wallet or trading provider.
    3. You are solely responsible for ensuring that:

      1. Your linked bank account details are correct for any fiat withdrawal; and
      2. any recipient wallet address is correct for Cryptocurrency withdrawal.
    4. All Cryptocurrency transactions are irrevocable once sent and we take no responsibility for verifying recipient addresses for withdrawals from your Account. We are not able to cancel a transfer once it has been made.
    5. You must take precautions when withdrawing and storing your Cryptocurrency, especially when withdrawing from your Account to an overseas-based provider. We have prepared education articles on the dangers of withdrawing to overseas providers on our Protect your account and How to spot a Bitcoin scam pages. These articles are updated from time to time. You acknowledge and agree that:

      1. it is your responsibility to read these articles and to keep up to date on any changes;
      2. these articles are an educational tool only and are not intended to be a comprehensive list of all potential scams;
      3. the Australian Securities and Investment Commission or other regulators or government bodies may provide information or alerts about current scams, and it is your responsibility to review any such information prepared from time to time;
      4. it is your responsibility to ensure that any withdrawals from your Account are sent to a valid and correct address and for a valid purpose;
      5. we are not under any obligation to verify a withdrawal address or identify whether a withdrawal may be the subject of scam regardless of whether a scam has been listed in these articles or published elsewhere; and
      6. under no circumstances, will we be responsible or liable to you for any loss resulting from any transfer from your Account regardless of whether the scam is specifically contemplated in our articles or published elsewhere.

9. Debit Account Balances

  1. Debit Balances

    1. You are required to have sufficient funds in your Account to make any trade using the Platform.
    2. If at any time your Account has a debit balance, you agree to pay us:

      1. An Account overdraft fee determined by us from time to time to cover our reasonable costs and expenses arising from the debit Account balance; or
      2. The total debit balance including the Account overdraft fee.
    3. We may suspend or terminate your Account at any time and without notice to you if you fail to pay the outstanding debit Account balance and Account overdraft fees.
    4. If, after a demand is made by us, you have not made payment of the outstanding debit balance, then:

      1. You authorise us to sell any Cryptocurrency in your Account to recover the outstanding balance; and
      2. You agree to indemnify us against all costs, expenses and losses incurred, including brokerage fees, taxes, overdraft fees and any other fees in connection with any transaction executed by us in accordance with this clause to recover the outstanding balance where you do not pay the outstanding debit balance.
    5. We reserve the right to engage a third party collection agency to recover any amounts you owe us under these Terms and Conditions without your consent. You will be liable to pay on demand all costs incurred by us in recovering the amounts you owe us under these Terms and Conditions, including debt collection fees and enforcement costs.

10. Termination

  1. You may terminate these Terms and Conditions, and close your Account at any time, following settlement of any pending transactions.
  2. You agree that we may, by giving notice, in our sole discretion terminate your access to the Platform, Services and Account, including without limitation to:

    1. limit, suspend or terminate your access and any or all of your secondary users’ access to the Services or Account;
    2. prohibit or restrict access to the Platform and its content, services and tools;
    3. delay or remove hosted content; and
    4. take any technical or legal steps to keep you from accessing the Platform or Services if we are of the reasonable belief that you are:

      1. creating problems or legal liabilities;
      2. infringing the intellectual property rights of us or any third parties; or
      3. acting in a manner that is inconsistent with or in breach of these Terms and Conditions.
  3. Additionally, we may, at our complete discretion, suspend, restrict, limit or terminate your Account for any reason, including without limitation, where:

    1. there are attempts to gain unauthorised access to the Platform, Services or another user's Account (including any secondary user’s Account) or providing assistance to others who are attempting to do so;
    2. there are attempts to overcome software security features limiting the use of or protecting any content;
    3. there are attempts to use the Platform, Service or Account to perform any illegal activities such as:

      1. money laundering;
      2. illegal gambling operations;
      3. financing terrorism;
      4. funding drugs;
      5. malicious hacking; or
      6. any other criminal or prohibited activities,
    4. there is a violation of these Terms and Conditions, our Privacy Policy or our security procedures by you or any of your secondary users;
    5. there is a failure to pay for any transaction;
    6. there are unexpected technical or operational difficulties; or
    7. there is a request of law enforcement or other government agencies, if deemed to be legitimate and compelling by us, acting in our sole discretion.
  4. We also reserve the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of 6 months or more, and/or to modify or discontinue our Platform or Service. You agree that we will not be liable to you or to any third party for termination, suspension or restriction of an Account or access to the Platform and Services in accordance with these Terms and Conditions.
  5. The suspension of an Account shall not affect the payment of any fees due for past transactions that have been made on the Platform.
  6. Upon termination, you must provide us with all reasonable assistance to allow for the transfer of any fiat currency or Cryptocurrency credited to your Account. Cryptocurrency may not be transferred to a valid bank account. Cryptocurrency must be converted to fiat currency or sold before it can be transferred to your linked bank account.
  7. If you terminate your Account, we will sell all Cryptocurrency at the current market rate (less any applicable fees) into the fiat currency that you used to initially fund your Account.
  8. We will transfer fiat currency as soon as practicable following your request upon termination of your Account.
  9. We will send to you the credit balance of your Account, however in some circumstances a number of intermediaries may be involved in an international payment and these intermediaries or the beneficiary bank may deduct charges. We will use reasonable efforts to ensure that such charges are disclosed to you prior to sending your payment.However , you acknowledge and agree that these charges cannot always be calculated in advance, and that you are solely responsible and liable for such charges regardless of whether we disclose them to you.

11. Availability

  1. The Platform and Services are provided without warranty of any kind, whether express, implied, statutory or otherwise.
  2. We do not represent that the Platform and Services will be available 100% of the time to meet your needs or requirements.
  3. We will strive to provide you with the Service and access to the Platform as soon as possible but there are no guarantees that access will be uninterrupted, secure, or that there will be no delays, failures, errors, omissions or loss of transmitted information.
  4. We will use reasonable endeavours to ensure that the Platform and Services can normally be accessed by you in accordance with these Terms and Conditions.
  5. You agree that we are not responsible for temporary interruptions in service due to failure beyond our control including, but not limited to, the failure of interconnecting operating systems, computer viruses, and forces of nature, labour disputes, pandemics and armed conflicts.
  6. We may suspend use of the Platform or Services for maintenance and will make reasonable efforts to give you notice. You acknowledge and agree that this may not be possible in an emergency.

12. Market Volatility

If there is a period of high market volatility, high volume trades, rapid movements or illiquidity in the market, the market rate in which you are able to buy, sell or trade Cryptocurrency may vary from the price indicated on our Platform. We are not liable for any price variation due to market volatility, market or technology disruptions, delays or any other matters caused by things that are outside of our control. You acknowledge and agree that we will process your transaction at the current price. In certain circumstances, we may decide not to execute a trade if the market rate significantly increases or decreases or in the event of a market disruption or an event which is outside of our control and, in such cases, we may cancel any order and return the funds to your Account. We 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.

13. Limitation of Liability

  1. Limitation on Liability

    1. To the maximum extent permitted by law, we will not be held liable for any fines, penalties, taxes (except GST) and any exemplary, aggravated or punitive damages, liquidated damages or any indirect or consequential loss (including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, loss of contract, loss of production and loss of Cryptocurrency).
    2. Our total aggregate financial liability in respect of claims based on events arising out of or in connection with your use of the Platform or Services, whether in contract or tort (including negligence) or otherwise, will in no circumstances exceed the lesser of either

      1. the total amount held in your Account less any amount that may be due and payable to us in respect of your Account under these Terms and Conditions; or
      2. the amount of the transaction(s) that are the subject of any claim less any fees that may be due and payable in respect of such transaction(s).

14. Indemnity

  1. Indemnity

    1. To the maximum extent permitted by law, you hereby agree to indemnify us, and our partners, officers, directors, employees and agents against any action, liability, cost, claim, demand, loss, damage, proceeding or expense (Loss) of any nature arising under tort, statute, equity, contract or some other cause of action that we suffer as a result of:

      1. your (and your secondary users’) negligent or wrongful acts or omissions;
      2. your breach of any law, regulation or rules;
      3. any damage that you cause to our Platform or any other user, person or entity;
      4. your use of the Platform or Services; or
      5. your violation of these Terms and Conditions or Privacy Policy,

      but you will not be liable for any Loss to the extent such Loss is the direct result of our negligent or wrongful acts or omissions.

15. Treatment of Unallocated Deposits

  1. Treatment

    1. We may, at our complete discretion hold on trust for a user, Unallocated Deposits received in our bank accounts in accordance with our Unallocated Deposits policy.
    2. No trust relationship exists between us and you at any time and we do not hold any funds deposited by you on trust, other than in accordance with our Unallocated Deposits policy.
    3. We accept no liability or responsibility as a consequence of any personal loss or damages suffered by users if a trustee relationship was found to be established by depositing funds with us.
    4. Any funds held on trust by us in accordance with this clause are subject to fees being deducted while those funds remain unallocated.
    5. We are also entitled to any interest earned on the Unallocated Deposits.
  2. Making a Claim for Unallocated Deposits

    You are able to make a claim for the repayment of an Unallocated Deposit (less any accumulated fees) by contacting us through the support screen or by email support@bitcoin.com.au.

  3. Trustee of Unallocated Deposits

    1. After a deposit has been classified as an Unallocated Deposit, the deposit will be transferred to us as trustee of the deposit.
    2. We, as trustee, will hold the Unallocated Deposit on behalf of the depositor and we have an obligation to repay the Unallocated Deposit to the owner on demand.
    3. The Unallocated Deposit will incur:

      1. an unallocated deposit search fee of $250 (excl GST); and
      2. a monthly unallocated deposit management fee of 1% (excl GST).

16. Recurring Buy

  1. Terms

    1. By electing to use our Recurring Buy service, you are acknowledging that you have read and understood the information contained in the How does Recurring Buy work? education page. You also acknowledge that you understand the risks involved in using the Recurring Buy service.
    2. Recurring Buy create a buy order in your Account when the trigger event occurs. Recurring Buy is accepted on a 'best endeavours' basis. In the event of system failure or adverse market conditions, we may cancel existing Recurring Buys and prevent any new ones from being placed.
    3. Recurring Buys do not have an expiry date and are valid until you elect to cancel the Recurring Buy or is otherwise cancelled by us. It is your sole responsibility to maintain your Recurring Buys and ensure the ones you have in place remain appropriate for you.
    4. We will use our best endeavours to obtain the best execution for you when your Recurring Buy conditions have been met and the orders have been placed. Obtaining the best execution means we will attempt to secure the best price outcome for you taking into consideration time, price, priority and current market conditions.
    5. Your Recurring Buy will execute once the conditions for your selected strategy have been met.
    6. It may not be possible for bitcoin.com.au to use all available fiat currency or Cryptocurrency to execute your Recurring Buy and we do not guarantee that an exact value or volume of fiat currency or Cryptocurrency will be traded. If there is any residual balance following our best endeavours to execute your strategy, the residual balance of fiat currency or Cryptocurrency will remain in your Account. Residual balances will not re-trigger your Recurring Buy.
    7. A secondary user acting on your behalf will be able to create a Recurring Buy for you unless they have a "Viewer" only authorisation. Any instruction to establish or cancel a Recurring Buy by a secondary user is taken to be an instruction by you in accordance with these Terms and Conditions. You indemnify and hold us harmless for any Loss suffered from any acts or omissions by a secondary user in relation to any Recurring Buy set up, amended or removed by a secondary user, but you will not be liable for any Loss to the extent such Loss is the direct result of our negligent or wrongful acts or omissions in reflecting your Recurring Buy whether initiated by you or your secondary users.
  2. Recurring Buy Risk Disclosure Statement

    1. This Risk Disclosure Statement does not include all risks associated with Recurring Buys and should not be relied on as a complete explanation of all risks associated with the Recurring Buy service. You should consider all potential risks associated with Recurring Buy having regard to your personal circumstances.
    2. Market conditions may make it impossible for us to execute the orders arising from your Recurring Buys strategies. Recurring Buys and resulting buy and sell orders do not take any provision for unexpected rises or falls in the price of Cryptocurrencies. It is your sole responsibility to monitor market conditions and your Recurring Buys to ensure they remain appropriate for your circumstances. We reserve the right to revoke the Recurring Buy service at any time without further notice to you. We are not liable for any loss or damage that you may incur as a result of ceasing to provide the Recurring Buy service.
    3. To the extent permitted by consumer protection law, we are not liable for any loss or damage (including consequential loss, loss of profit and economic loss) that you incur as a result of delays in executing your Recurring Buys, system failures, and/or orders not being executed after your Recurring Buy triggers.

17. Privacy

When you use the bitcoin.com.au Platform, we will collect personal information about you and your secondary users. bitcoin.com.au’s Privacy Policy is available at https://bitcoin.com.au/help/privacy-policy/ and Privacy Collection Notice is available at https://bitcoin.com.au/help/privacy-collection-notice/

18. Miscellaneous

  1. If we are unable to perform the Services outlined in these Terms and Conditions due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy we will not have any liability to you with respect to the Services provided under these Terms and Conditions and for a time period coincident with the event.
  2. It is also your responsibility to seek professional advice with respect to your Account as well as to ensure that you are compliant with any obligations you may have.
  3. These Terms and Conditions published on the date you view them on our Platform supersede all prior versions.
  4. If any provision of the Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining parts of the Terms and Conditions will be in full force and effect.

19. Forked Blockchains and Airdrops

  1. Forked Blockchain

    1. We reserve the right to use our own discretion when deciding to support or not support any new token resulting from the fork of a blockchain.
    2. Customers are advised to withdraw Cryptocurrency to an address under their own control prior to a fork if they wish to have access to any resultant tokens.
    3. If we decide to support a forking event, you may opt-out of receiving any of the Cryptocurrency that results from the forking event by contacting the support team.
  2. Airdrop

    We reserve the right to use our own discretion when deciding to support or not support any airdrop event. We may decide to provide any airdropped Cryptocurrency to you following an airdrop event. If we decide to provide any Cryptocurrency as part of an airdrop event, you may opt-out of receiving any of the Cryptocurrency that results from the airdrop event by contacting the support team. A secondary user is not able to provide any instructions in relation to opting-out of an airdrop event on your behalf.

  3. Acknowledgement

    You acknowledge and agree that we are not responsible or liable for:

    1. any loss that may arise from your decision to participate or not participate in a forking event or airdrop event;
    2. any loss that may arise from any decision we make not to support any forking event or an airdrop event; and
    3. any tax liabilities that may arise or accrue as a result of any token that is issued arising from a forking event or an airdrop event and that you are fully responsible and liable for paying any applicable taxes in relation to any forking event or airdrop event, including at the time you sell, trade or transfer such token. You further acknowledge and agree that we do not and will not provide any tax guidance or advice in relation to any forking event or airdrop event to you and you may wish to consider engaging independent consultants/advisors to seek any advice in this regard in your sole discretion.

20. Modification of Terms

We reserve the right to change, amend, modify, add or delete any of these Terms and Conditions, at any time, in an exercise of our sole discretion. These 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) and will be notified to you on the first log-in to your Account after the change has occurred. Your continued use of the Platform and Services following any changes to the Terms and Conditions signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms and Conditions.

21. Governing Law

You acknowledge and agree that:

  1. Your use of the Site and these Terms and Conditions are governed by the laws of New South Wales; and
  2. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the New South Wales division of the Federal Court of New South Wales, and the courts of appeal from them.

22. Definitions

"Account" means a FastTrack Account, and Standard Account and a Multi-user Account.

"Account Owner" means the individual or Entity who owns the Standard or Multi-User Account.

"App" means a mobile application made available by us that can be downloaded from the Apple App Store, Google Play Store or any other app store or market from time to time.

"Recurring Buy or Recurring Buys" means our automatic trading service, which allows you to create automated trading strategies.

"Cryptocurrency" means the coins, tokens, crypto, digital currency, or digital assets listed by us on our Platform from time to time.

"Entity" means one of the following:

  1. a proprietary company;
  2. an unlisted public company;
  3. a listed public company;
  4. a trust;
  5. a partnership;
  6. an association; or
  7. a cooperative.

"FastTrack Account" means a limited functionality account that allows you to deposit and trade on our Platform but not to withdraw from our Platform.

"FastTrack Information" means the information required for us to satisfy our anti-money laundering and counter-terrorism financing obligations that we request from you during your on-boarding.

"OTC Services" means any over-the-counter trading services we provide for Cryptocurrencies, which may be subject to additional terms and conditions.

"Platform" means the Website, App made available by us from time to time.

"Privacy Policy" means the privacy policy that we have available on our Website from time to time, accessible at https://bitcoin.com.au/help/privacy-policy/.

"Services" means:

  1. the exchange services used to buy, sell, trade or transfer Cryptocurrency;
  2. the wallet services provided by us to hold Cryptocurrency; and
  3. any other services that are incidental to any of the above services.

"Standard Account" means an account that we have created to enable you to use the Platform.

"Secondary user" means an individual person that has been granted access to your Multi-user Account in accordance with clause 3 of these Terms and Conditions.

"Multi-user Account" means an account that we have created in accordance with clause 3 of these Terms and Conditions for a Multi-user.

"Secondary User Account" refers to the account created by a secondary user linked to a Multi-user Account by invitation of the Account Owner.

"Terms and Conditions" means these terms and conditions.

"Unallocated Cryptocurrency Deposit" means Cryptocurrency that:

  1. A user has deposited to a valid deposit wallet;
  2. The deposit record contains no information that allows us to identify the owner of the deposit;
  3. Despite reasonable inquiries, we have been unable to identify the owner of the deposit after the date the deposit was made;
  4. A customer has not provided evidence that they are the owner of the deposit; and
  5. No customer has made a claim for the missing cryptocurrency.

"Unallocated Deposit" means Unallocated Cryptocurrency Deposits and Unallocated Fiat Deposits made into our Platform where no claim of ownership is made within a period of 18 months.

"Unallocated Fiat Deposit" means fiat currency that following the date of the deposit:

  1. A user has deposited to a valid Account without providing a unique deposit code;
  2. The deposit record contains no information that allows us to identify the owner of the deposit;
  3. Despite reasonable inquiries, we have been unable to identify the owner of the deposit after the date the deposit was made;
  4. A customer has not provided evidence that they are the owner of the deposit; and
  5. No customer has made a claim for the missing funds.

"Website" means the internet site at the domain https://www.bitcoin.com.au or any other site or operated by us.

"we, us or our" means Independent Reserve Pty. Ltd, trading as bitcoin.com.au, ABN 46 164 257 069.

"you or your" means any user of the Platform, including a secondary user unless expressly provided otherwise.

Leveraged Trading Terms & Conditions

Last updated: 9 October 2024

Leveraged trading is a process where you trade on “margin”, that is, buy investments (in this case cryptocurrency) using borrowed funds or sell investments using borrowed assets. If you use our leveraged trading service, you will need to provide a percentage of the trade as margin (your contribution) and we will advance to you the balance of the trade and will take security over the full amount of the trade. You can select different leverage ratios (2x to 5x), and the amount you can borrow will depend on the leverage ratio you choose.

Examples:

  1. If you contribute $10,000 to buy cryptocurrency using our leveraged trading service and select a 2x leverage ratio, you can buy $20,000 of cryptocurrency where we advance you $10,000 for the trade and take security over the $20,000 of cryptocurrency you buy.
  2. If you contribute $10,000 to buy cryptocurrency using our leveraged trading service and select a 5x leverage ratio, you can buy $50,000 of cryptocurrency where we advance you $40,000 for the trade and take security over the $50,000 of cryptocurrency you buy.

When you open a leveraged trade (which we call a ‘leveraged position’), your contributed margin is locked and you cannot buy, sell or transfer the assets in your account that we take as security for the leveraged trade until your leveraged position is closed or you return the loan. The security is either the assets you buy with the leveraged trade, or the assets you acquire as the result of making a sale using a leveraged trade. If the value of your security falls too far, we may make a “margin call”, that is, notify you that your margin percentage has fallen and your position is in danger of reaching the mandatory liquidation level, or being closed out by us. Once you receive a margin call, you can top up your position with additional collateral (which we will also lock), take action to close your position, or do nothing and run the risk of your position reaching mandatory liquidation or being closed by us. Leveraged trading is a sophisticated trading strategy, which can magnify your gains and losses. The higher the leverage ratio of each position, the more your gains and losses will be magnified. if you are not familiar with leveraged trading. If you are not familiar with leveraged trading please ensure you read our explanation of the leveraged trading service here.

Leveraged trading is subject to a range of risks. Please read the risk section below which outlines some of the risks that may be relevant to leveraged trading for cryptocurrency but is not intended to be an exhaustive list of all relevant risks. You should consider all the risks that may be relevant to leveraged trading for cryptocurrency and assess whether those risks are acceptable to you having regard to your financial circumstances and risk tolerance. If you are unsure, you should consider obtaining financial, tax or professional advice.

These terms and conditions will apply when you use our leveraged trading service.

Margin

To create a new position using leveraged trading, you must provide collateral to us in either fiat or cryptocurrency. Collateral is the percentage of the leveraged position that you contribute to the leveraged trade as security against the assets we advance you, and we take security against the full amount of the leveraged trade. The collateral must be held in your account and it will be allocated to a leveraged position (see below for more details). The amount of collateral you need to contribute will depend on the leverage ratio you select. Your account will specify what leverage ratios are available to you and the amount of collateral you need to contribute for a particular leverage ratio.

Collateral Contribution Methodology

When creating a new position using leveraged trading, we will automatically reserve your collateral from your account. The asset we automatically reserve changes depending on whether you elect to open a leveraged buy or leveraged sell position.

When contributing additional collateral to one or more of your positions, you can choose to reserve either cryptocurrency or fiat to increase your margin percentage. Please note that when you choose to contribute cryptocurrency as collateral, the cryptocurrency you reserve must be the same cryptocurrency as your current open leveraged position. This also applies to fiat, when you choose to contribute fiat as collateral, the fiat you contribute must be the same fiat as your current open leveraged position.

Collateral Contribution: Opening New Positions

Leveraged Buy

If you are opening a leveraged buy, we will first use fiat in your account for your collateral contribution. If sufficient fiat is not available on your account to open the leveraged position, we will then use cryptocurrency for the remainder of your collateral contribution; or use cryptocurrency for your entire collateral contribution if your fiat balance is zero.

Examples (ignoring any fees)

Example 1: You elect to open a new leveraged position to buy $30,000 of Bitcoin and select the 2x leverage ratio, and you only have a fiat balance of $15,000 in your account.

We will automatically reserve the fiat $15,000 (50% of $30,000) and then provide you fiat $15,000 and will then take security over the $30,000 of Bitcoin purchased when you open the leveraged position. The $30,000 of Bitcoin will be locked in your account until your leveraged position is closed.

Example 2: You elect to open a new leveraged position to buy $30,000 of Bitcoin and select the 3x leverage ratio, and you have a fiat balance of $5,000 in your account and $10,000 worth of Bitcoin on your account.

We will automatically reserve collateral in fiat of $5,000 and $5,000 worth of Bitcoin ($5,000 + $5,000 being 33.3% of $30,000) and then we will provide you fiat $20,000 and will then take security over the $30,000 of Bitcoin purchased when you open the leveraged position. The $30,000 of Bitcoin will be locked in your account until your leveraged position is closed.

Note: In this scenario, you cannot elect to use the $10,000 of Bitcoin as collateral when opening your position, we automatically use all available fiat first before using cryptocurrency as your collateral contribution for leveraged buys.

Example 3: You elect to open a new leveraged position to buy $30,000 of Bitcoin and select the 5x leverage ratio, and you have no available fiat balance in your account and $50,000 worth of Bitcoin in your account.

We will automatically reserve $6,000 worth of Bitcoin (20% of $30,000) and then we will provide you fiat $24,000 and will then take security over the $30,000 of Bitcoin used to open the leveraged position. The $30,000 of Bitcoin will be locked in your account until your leveraged position is closed.

Leveraged Sell

If you are opening a leveraged sell, we will first use cryptocurrency in your account for your collateral contribution. If sufficient cryptocurrency is not available on your account to open the leveraged position, we will then use fiat for the remainder of your leveraged contribution or use fiat for your entire leveraged contribution if your cryptocurrency balance is zero.

Examples (ignoring any fees)

Example 1: You elect to open a new leveraged position to sell 1 Bitcoin and select the 4x leverage ratio, and you have 2 Bitcoin on your account only.

We will automatically reserve 0.25 Bitcoin (25% of 1 Bitcoin) then provide you 0.75 Bitcoin and will then take security over the fiat sale proceeds of the Bitcoin sold when you open the leveraged position. The fiat sale proceeds will be locked in your account until your leveraged position is closed.

Example 2: You elect to open a new leveraged position to sell 1 Bitcoin and select the 2x leverage ratio, and you have 0.25 Bitcoin on your account and fiat of $50,000 on your account.

We will automatically reserve 0.25 Bitcoin and fiat to the value of 0.25 Bitcoin (0.25 Bitcoin + fiat value of 0.25 Bitcoin being 50% of 1 Bitcoin), and then we provide you 0.5 Bitcoin as a loan and will then take security over the fiat sale proceeds of the Bitcoin sold when you open the leveraged position. The fiat sale proceeds will be locked in your account until your leveraged position is closed.

Note: In this scenario, you cannot elect to use the $50,000 fiat as collateral when opening your position, we automatically use all available Bitcoin first before using fiat as your collateral contribution.

Example 3: You elect to open a new leveraged position to sell 1 Bitcoin and select the 5x leverage ratio, and you have no Bitcoin on your account and fiat $50,000 on your account.

We will automatically reserve fiat to the value of 0.2 Bitcoin (20% of 1 Bitcoin) and then we will provide you 0.8 Bitcoin and will then take security over the fiat sale proceeds of the Bitcoin sold when you open the leveraged position. The fiat sale proceeds will be locked in your account until your leveraged position is closed.

Additional Collateral: Existing Positions

When you contribute collateral to your account, you must elect which leveraged position your collateral is to be applied to. We calculate the margin percentage of each leveraged position separately. We do not offset multiple leveraged positions on your account against one another.

So, while you can have multiple leveraged positions open at any one time, you must contribute collateral for each leveraged position individually and ensure each position has sufficient collateral contributed at all times.

When contributing additional collateral to one or more of your positions, you can choose to reserve either cryptocurrency or fiat to increase your margin percentage.

If you contribute fiat, your total margin value will be increased by the value of fiat you have elected to contribute. There is no fee to contribute additional fiat margin to your positions.

You may also contribute cryptocurrency to increase the value of your contributed margin. For a leveraged buy, your contributed cryptocurrency will increase your margin value by the fiat equivalent of the contributed cryptocurrency. For a leveraged sell, your contributed cryptocurrency will increase the total cryptocurrency reserved as margin against your position and increase your margin.

There is no fee to contribute additional cryptocurrency margin to your positions.

Please note that when you choose to contribute cryptocurrency as collateral, the cryptocurrency you contribute must be the same cryptocurrency as your current open leveraged position.

For example: If you have a leveraged position in Ethereum, the only cryptocurrency you can contribute as collateral is Ethereum. You will not be able to use Bitcoin, for example, as collateral for an Ethereum position.

Market Value of Collateral

You can contribute collateral to your account in fiat (AUD only) or cryptocurrency. All collateral must be in single fiat currency. E.g. if your leveraged position was in AUD, then your margin percentage will be calculated in AUD.

For cryptocurrency collateral contributions, the cryptocurrency valuation is based on the amount of fiat currency that would be generated if your cryptocurrency were to be sold using a market sell order at the time of the margin calculation. The valuation gives consideration to the current bids on the market and the available depth. Your cryptocurrency is not valued using the last traded price because this price is not necessarily an accurate representation of the value of your cryptocurrency should it need to be sold immediately to meet a margin call or mandatory liquidation.

Managing Your Positions: Closing Positions

You can at any time, elect to close any leveraged position you have open. To close your position, you navigate to the Position Details screen of your account and select the “Close Position” option. There are two ways you can close your position:

  1. Close at the current market price;
    1. Closing at the current market price creates a market buy (for leveraged sell positions) or a market sell (for leveraged buy positions). This option uses the market buy/market sell proceeds to return the full outstanding loan balance to us on the open position.
    2. Any remaining funds after the loan has been fully returned to us will be credited to your account or
  2. Close by returning the outstanding loan amount (including any accumulated fees)
    1. You opt to provide sufficient fiat (for leveraged buy positions) or sufficient cryptocurrency (for leveraged sell positions) from your account to fully return the outstanding loan for the open position
    2. You will then retain all of the fiat (for leveraged sell positions) and cryptocurrency (for leveraged buy positions) that you received when opening your leveraged position
    3. Note: This option is only available to you if you have sufficient fiat or cryptocurrency (as appropriate) available on your account

Margin Percentage Calculation Methodology

When you hold either a buy or sell leveraged position, we regularly calculate your margin percentage. This is important because if the margin percentage for a leveraged position falls below the required percentage, we make a “margin call” – that is, we ask you to make a contribution to your account for the leveraged position.

The margin percentage is calculated as your:

(Current position value minus Outstanding Loan Value minus accrued fees)

divided by:

Current value of your open leveraged position

The margin percentage is calculated as the percentage of collateral remaining against your open position value. The required percentage for a leveraged position will vary depending on the leverage ratio selected for the position. If we make a margin call, you will need to contribute additional collateral to your account to act as security for the leveraged position. Any additional contributions you make to your account for the leveraged position will be locked, If your margin percentage falls further, mandatory liquidation may be triggered. Refer below for more detail.

It is your sole responsibility and obligation to ensure your collateral for each leveraged position is above the required margin percentage to avoid margin calls and mandatory liquidation.

If you have multiple leveraged positions, each of your positions will have a separate margin percentage. We will not offset unrealised profits and unrealised losses across multiple leveraged positions. For both buy and sell positions, as the market price of the cryptocurrency fluctuates, your unrealised profit and loss will change. Unrealised profits are added to your collateral value and unrealised losses are subtracted from your collateral value.

Example 1: If your collateral was $10,000 and you selected 2x leverage ratio to buy $20,000 of Bitcoin, and the value of Bitcoin goes down, then your margin percentage will be less than 50%. Alternatively, if the value of Bitcoin goes up, then your margin percentage will be more than 50%.

Example 2: If your collateral was $10,000 and you selected 5x leverage ratio to buy $50,000 of Bitcoin, and the value of Bitcoin goes down, then your margin percentage will be less than 20%. Alternatively, if the value of Bitcoin goes up, then your margin percentage will be more than 20%.

All fees associated with opening and maintaining your open positions are subtracted from your collateral and will impact your margin percentage.

In calculating your margin percentage, we do not consider the value of any cryptocurrency or fiat in your account that is not contributed as collateral to a specific leveraged position. This is because these assets can be moved in and out of your account and collateral must be contributed to and reserved against your leveraged position(s).

It is your sole responsibility and obligation to contribute collateral to each leveraged position you hold and to ensure each position has sufficient collateral to avoid margin calls and mandatory liquidation.

Margin Calls and Mandatory Liquidation

Independent Reserve continually monitors the value of your leveraged positions and your margin percentage. If your margin percentage falls, you may be subject to either a margin call or mandatory liquidation. If any of your open leveraged positions reach the margin call or mandatory liquidation levels, then the leveraged position will be subject to the below conditions:

Margin call: Is reached when your margin percentage falls to or below 15% and is approaching the mandatory liquidation level, if action is not taken by you. A margin call indicates that your leveraged position has lost a majority of the contributed collateral from unrealised losses due to market movements and/or fees paid by you in relation to your open leveraged position. At margin call level, an email notification is sent to you and a warning is also displayed under the Leveraged Trading tab in the position history table after you log in.

When your leveraged position falls below 15% but has not fallen below the mandatory liquidation level (10%), that is when your leveraged position is considered to be in margin call. When your position is in margin call, you are approaching the mandatory liquidation level and should consider contributing additional collateral against the leveraged position to move your margin percentage above the 15% margin call threshold, or, close your leveraged position. Independent Reserve may elect to close your position to protect against further losses of your leveraged position at any time in its absolute discretion.

If your position is at or below the margin call level, you have the option to:

  1. Move additional fiat from your account to contribute additional collateral to your leveraged position. This increases the value of collateral you have against the leveraged position and increases your margin percentage;
  2. Move cryptocurrency from your account to contribute additional collateral to your leveraged position. This increases the value of collateral you have against the leveraged position and increases your margin percentage;
  3. Close the leveraged position and any remaining collateral will be returned to your account;
  4. Opt to return the full value of your outstanding loan to us, effectively closing your position and retaining the assets received when opening the position; or
  5. Do nothing and risk the position being subject to additional losses and/or mandatory liquidation by us.

In extreme market conditions, it may not be possible for us to notify you of a margin call prior to your leveraged position reaching the mandatory liquidation level. We will notify you of a margin call on a best endeavours basis by email. It is your sole responsibility and obligation to continually monitor your leveraged positions and your margin percentages for those positions at all times. While we will endeavour to provide you with timely notifications, we provide this service for your convenience only and we are not liable for any loss or damage (including any consequential loss, indirect loss, loss of profit or economic loss) that you incur as a result of failing to receive or receiving a delayed a margin call notification.

The higher the leverage ratio of a leveraged position, the greater the change in margin percentage relative to the change in market price.

Mandatory liquidation: Is reached when your margin percentage falls below 10%.This margin percentage level is where we will close your leveraged position to prevent further losses. When your margin percentage falls below 10%, we will place a market buy (if your leveraged position was a sell) or market sell (if your leveraged position was a buy) of sufficient cryptocurrency to return your leveraged position to above mandatory liquidation levels, approximately 12.50%, margin at the time the order is placed.

If due to the current market price or market conditions, we are unable to execute a market buy or market sell to return your margin percentage above 12.50%, then we will fully close your leveraged position. All market orders placed to liquidate your leveraged position are subject to the current market depth and the prevailing market conditions. You acknowledge and agree upon liquidation of your leveraged position that your losses may not be limited to the value of the remaining collateral for your leveraged position. Standard trade commission fees apply to all liquidation trades executed by us.

Please note: Even if we execute a market buy or market sell to increase your margin percentage to approximately 12.50%, this is not a guarantee that additional actions will not be taken by us on your open leveraged position or that market conditions will not further deteriorate your margin percentage resulting in additional mandatory liquidation events occurring. In times of extreme market volatility, there may be multiple mandatory liquidations in quick succession.

Any remaining collateral for your leveraged position following the mandatory liquidation will be returned to your account. In extreme market conditions, closing of your leveraged position may result in losses greater than the total collateral contributed against the leveraged position. You are liable for any losses arising from your use of the leveraged trading facility including any losses incurred as a result of mandatory liquidation.

Your liability in respect of leveraged positions is not limited to the amount, if any, of any collateral provided. You are responsible and liable for paying us any deficit owing to us after a leveraged position is closed. If you fail to pay any deficit, we may:

  • deduct the amount of the deficit from the fiat balance in your account; or
  • sell any cryptocurrencies in your account and apply the sale proceeds to discharge the deficit in your account.

If there are insufficient assets in your account to fully discharge the amount of a deficit, you understand and agree that you are immediately required to deposit fiat currency or cryptocurrency to the value of the deficit in order to discharge your obligations to us. We may lock your account and prevent you from making any further trades until you have fully discharged any deficit you owe us.

Timing of Additional Collateral Contributions

We will only include additional contributions of collateral against a specific leveraged position you hold after you have allocated the fiat or cryptocurrency to a specific leveraged position. Any fiat or cryptocurrency held on your Independent Reserve trading account will not automatically be considered as collateral or security for any leveraged positions. It is your responsibility to maintain the margin percentage of all of your open leveraged positions at all times.

If you choose to contribute additional collateral from your trading account to one of your leveraged positions, you acknowledge that there may be a minor delay between when you elect to contribute the collateral and when that collateral contribution is allocated to your leveraged position. In limited circumstances and times of extreme market movements, the leveraged position you are contributing additional collateral towards may reach the mandatory liquidation level before the contribution is allocated to your leveraged position due to the timing delay. We are not liable for any loss or damage (including consequential loss, indirect loss, loss of profit or economic loss) that you incur as a result of any timing delay between when you contribute additional collateral and when the additional collateral is allocated to a leveraged position.

If you choose to deposit additional fiat from your bank account to us to contribute additional collateral or to service a margin call, you acknowledge that the fiat transferred to us is subject to the normal processing times for fiat deposits. Fiat deposits are only available to transfer to your leveraged positions once they are cleared in your trading account. Fiat deposits being credited to your trading account are subject to normal processing times and are subject to delays from time to time. We are not liable for any loss or damage (including consequential loss, indirect loss, loss of profit or economic loss) that you incur as a result of any delay in you being able to contribute additional collateral to your leveraged positions as a result of any perceived or actual delay in processing a new fiat deposit.

If you choose to deposit additional cryptocurrency from your external wallet to us to contribute additional collateral or to service a margin call, you acknowledge that the cryptocurrency transferred to us is subject to the normal processing times for cryptocurrency deposits. Cryptocurrency deposits are only available to transfer to your leveraged positions once they are cleared in your trading account. Cryptocurrency deposits being credited to your trading account are subject to normal processing times and are subject to delays from time to time. We are not liable for any loss or damage (including consequential loss, indirect loss, loss of profit or economic loss) that you incur as a result of any delay in you being able to contribute additional collateral to your leveraged positions as a result of any perceived or actual delay in processing a new cryptocurrency deposit.

Fees

In addition to the normal trade commission fees, there are leveraged trading fees that apply to open leveraged positions. All fees for leveraged trading will be applied in AUD regardless of whether you have borrowed fiat (buy position) or cryptocurrency (sell position) to create your leveraged position. Even though your leveraged position may not be at the margin call or mandatory liquidation levels, you must always ensure there is sufficient collateral contributed against the leveraged position to cover all fees. You must always have available collateral contributed against all leveraged positions to cover the rollover fees or you risk us closing your leveraged position(s).

The fees for leveraged trading are:

Position open fee:
This fee is applied to the value we advance you for your leveraged position and it is charged at the time you create your new leveraged position.

Example: You elect to open a new leveraged position to leverage buy $30,000 of Bitcoin and select the 2x leverage ratio, and you use fiat of $15,000 for your collateral contribution and we provide you fiat $15,000. The position open fee is calculated using $15,000 as this is the value of fiat we have advanced to you.

Position close fee:
This fee is applied to the value we advance you for your leveraged position at the time it was created and it does not take into consideration the unrealised profits/losses on the position. It is charged at the time you fully close your open position..

Example: You have an open 3x leverage buy for $30,000 of Bitcoin; and you have an unrealised gain of $5,000, meaning your total position value is now $35,000. The position open fee is calculated using $20,000 as this is the value we advanced you.

Interest fee:
This fee is applied to the loan/borrowed value of your leveraged position while the position has an outstanding loan amount. The fee is charged only on the outstanding loan amount and is rounded down to the nearest cent. It is charged at the time you fully close your open position.

Mandatory liquidation fee:
This fee is applied to the value of the outstanding loan amount of your leveraged position at the time it is closed by us. This fee is applied only when your position is automatically liquidated or partially liquidated when your position margin falls below mandatory liquidation level. This fee is not charged when you close your position yourself or using triggers.

Fees are accrued against the profit/loss of your position:
All fees are calculated and accrued against the profit/loss of your position while it is open. They are charged against the position when the position is partially or fully closed.

Fee Name Fee Amount Timing of Fee Payment
Position Open Fee Percentage of the total opening loan amount. Currently free. Accrued against profit/loss when you create a new open position, charged when the position is closed
Position Close Fee Percentage of the total loan amount at the time of closing or partially liquidating the position. Currently free. Applied when either you or we close an open position
Mandatory liquidation fee 1% of the total loan amount at the time of closing or partially liquidating the position. Applied when we close or partially close an open position because it has reached a mandatory liquidation level.
Interest Fee 0.1% per day, accrued every 10 seconds. Applied when your position is closed.

Limits

If you have sufficient fiat or cryptocurrency in your account to create a new leveraged position, you can create a new leveraged position up to your applicable leveraged position limit. Different leveraged position limits apply to each fiat and cryptocurrency. Note: all limits apply to the size of the initial position, not the current value of your open position.

For example: Using 2x leverage buy, we advance you $1,000 to buy Bitcoin and you contribute $1,000 as collateral, your Bitcoin limit will be used. If the price of Bitcoin then goes up 10% and your leveraged position is showing an unrealised gain of $200. Your leveraged position is using only AUD$2,000 of your Bitcoin leveraged position limit, not AUD$2,200. This is because your limit does not change in response to unrealised profits and losses on your leveraged positions.

If you try to open a new leveraged position that will take you over your single cryptocurrency leveraged position limit, you will receive an error message advising of this.

There may be times when you have sufficient fiat or cryptocurrency in your account to open a new leveraged position and you have not reached your single cryptocurrency leveraged position limit, but you are unable to create any new open leveraged position. This is because we maintain a global leveraged position limit that is applied across all customers. This limit is in place to ensure the integrity and stability of the markets we offer to our customers.

If you try to open a new leveraged position after we have reached the global leveraged position limit, you will receive an error message advising of this.

We are not liable for any loss or damage (including consequential loss, indirect loss, loss of profit or economic loss) that you may incur as a result of not being able to create a new leveraged position due to any of the leveraged position limits being reached.

Close Out Rights

We may (in our absolute discretion) close out one or more of your open leveraged positions at the prevailing market price without further notice to you in the following circumstances:

  • if the value of all of your open leveraged positions represents a substantial net unrealised loss to you and that continued trading, or failure to close one or more of your open leveraged positions, will or is likely to materially prejudice your account balance;
  • if you fall below the mandatory liquidation level;
  • if you fail to meet a margin call;
  • to ensure that we do not exceed our global leveraged trading limit; or
  • in an exceptional event.

For this purpose, an exceptional event includes:

  • the suspension or closure of any exchange;
  • extreme market conditions;
  • an event that disrupts market conditions;
  • excessive changes to the price, supply or demand of any cryptocurrency;
  • technical failures that impact trading;
  • any act or regulation made by a government, regulator or authority that prevents us operating an orderly exchange;
  • the imposition of any limits or restrictions on our exchange by a government, regulator or authority;
  • lack of liquidity; or
  • the failure of any service provider or platform that supports our leveraged trading service.

In extreme market conditions, the lack of liquidity may result in your position being closed below the current market price. Any residual funds, cryptocurrency and collateral will be returned to your trading account. Importantly, your liability in respect of leveraged positions is not limited to the amount, if any, of any collateral provided. You are responsible and liable for paying us any deficit owing to us after a leveraged position is closed.

Calculating Unrealised Profit and Loss

Excluding fees, the unrealised profit and loss of your open leveraged position is calculated as the difference between the current market value of your leveraged position and the value of the leveraged position at the time you opened the leveraged position.

Fees are always deducted from your unrealised profit and loss.

A leveraged buy position is where you borrow fiat to open a buy trade.
A leveraged sell position is where you borrow crypto to open a sell trade.
Leveraged Buy Position: (Leverage Value x Market Price) minus (Leverage Value x Position Opening Price) where the Leverage Value is a multiple of the collateral contributed. For example, if the collateral contributed is 50% based on the margin percentage, the Leverage Value is x2. The below examples are exclusive of any fees.

Example 1: You take a 5x leveraged buy position on 5 Bitcoin at $12,000 per Bitcoin.
The current price of Bitcoin has moved up and is now $12,350:
Your unrealised profit = (5 x $12,350) minus (5 x $12,000)
Your unrealised profit = $61,750 minus $60,000
Your unrealised profit = $1,750

Example 2: You take a 2x leveraged buy position on Bitcoin at $12,000 per Bitcoin.
The current price of Bitcoin has moved down and is now $11,500:
Your unrealised loss = (2 x $11,500) minus (2 x $12,000)
Your unrealised loss = $23,000 minus $24,000
Your unrealised loss = -$1,000

Leveraged Sell Position: (Leverage Value x Position Opening Price) minus (Leverage Value x Market Price) where the Leverage Value is a multiple of the collateral contributed. For example, if the collateral contributed is 50% based on the margin percentage, the Leverage Value is x2.

Example 3: You take a 4x leveraged sell position on Bitcoin at $15,000 per Bitcoin.
The current price of Bitcoin has moved down and is now $12,200:
Your unrealised profit = (4 x $15,000) minus (4 x $12,200)
Your unrealised profit = $60,000 minus $48,800
Your unrealised profit = $11,200

Example 4: You take a 3x leveraged sell position on Bitcoin at $15,000 per Bitcoin.
The current price of Bitcoin has moved up and is now $15,100:
Your unrealised loss = (3 x $15,000) minus (3 x $15,100)
Your unrealised loss = $45,000 minus $45,300
Your unrealised loss = -$300

Changes to These Terms

We may (in our absolute discretion) change the margin percentage, margin call level, mandatory liquidation level, leveraged trading limits or any other terms that apply to our leveraged trading service and the change may apply to new leveraged positions as well as open leveraged positions. We will endeavour to provide you with as much notice as possible before implementing a change. However, we may provide very short notice of a change, or no notice at all, where an exceptional event occurs. For this purpose, an exceptional event includes:

  • the suspension or closure of any exchange;
  • extreme market conditions;
  • an event that disrupts market conditions;
  • excessive changes to the price, supply or demand of any cryptocurrency;
  • technical failures that impact trading;
  • any act or regulation made by a government, regulator or authority that prevents us operating an orderly exchange;
  • the imposition of any limits or restrictions on our exchange by a government, regulator or authority;
  • lack of liquidity; or
  • the failure of any service provider or platform that supports our leveraged trading service.

We will notify you of any changes via your account and whether it only applies to new leveraged positions or if it will apply to any open leveraged positions. If we change any of the leveraged trading terms, this may impact your open leveraged positions, any unrealised gains or losses and leveraged trading limits. It is important that you regularly check your account to monitor your open leveraged positions and are aware of any changes to our leveraged trading service that may impact your positions.

Leveraged Trading Risk Disclosure Statement

NO ADVICE

We do not provide any form of advice to our customers in relation to our products or services. We may sometimes provide factual information and market commentary to you directly or via our website; and information about procedures, market conventions and guidance on how you can protect yourself against the potential risks involved in trading cryptocurrencies. This information should not be construed as advice and any decision you make to use our products or services is made by you based on your own research, inquiries and assessments.

We also do not provide advice regarding your personal tax affairs, regulatory filings, disclosures or legal matters that may arise as a result of you using our products and services. It is your responsibility to ensure you comply with applicable laws and regulations. If you are unsure, you should seek independent tax, financial or professional advice.

For more information about risks, please refer to clause 2.6 of our Terms and Conditions.

NOT FINANCIAL PRODUCTS

All the cryptocurrencies we make available for leveraged trading are not financial products and are unregulated. As these products are unregulated, we are not required to hold an Australian financial services licence and you will not have the benefit of any of the protections that apply to financial products under the Corporations Act 2001 (Cth).

INFORMATION AND SUITABILITY TEST

Before we permit you to use Leveraged Trading, we require you to read and understand this Risk Disclosure Statement, the Leveraged Trading terms and conditions and to pass a suitability test to ensure you have been provided with the appropriate information to make a decision as to whether leveraged trading products are suitable for you. The suitability test is a tool that you can use to make a self-assessment as to whether leveraged trading is suitable for you and it is your sole responsibility to understand the risks involved with the leveraged trading product. By providing you with access to the suitability test, we are not providing you with any opinion or recommendation about whether leveraged trading is suitable for you.

VOLATILITY

The trading or holding of cryptocurrencies involves significant risk. Prices can and do fluctuate on any given day. Due to such price fluctuations, you may rapidly increase or lose value in your assets at any given moment. Cryptocurrency is subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading any products we offer.

LEVERAGE

Using the Leveraged Trading product carries a high degree of risk because the leverage means that a relatively small movement in underlying prices of cryptocurrency can lead to a proportionately larger movement in the value of your leveraged position. This can work against you as well as for you. There is a high risk of losing (and making) money quickly using leverage. The higher the leverage ratio you select, the greater impact any market movements may have on your leveraged position. Trading using 5x leverage carries a significantly higher degree of risk than trading using 2x leverage.

NON-GUARANTEED STOP ORDERS and LIQUIDATIONS

Due to market conditions (please refer to the "General Trading Risks" section for more details) the use of Stop Loss orders will not guarantee that your losses (or profits) are capped at that level. Extreme volatility and 'gapping' may mean that after the stop trigger is reached, the price achieved from the set limits may not be possible and your losses (profits) may continue.

Similarly, if your leveraged position reaches a point where mandatory liquidation is triggered, we cannot guarantee that your leveraged position will be closed at the mandatory liquidation level. Prevailing market conditions at the time of the liquidation may mean that your leveraged position is closed below the mandatory liquidation level. In extreme circumstances, when closing your leveraged position, you may end up in an overall loss position and will be required to provide additional collateral to make up the loss amount on your position.

NEED TO MONITOR YOUR POSITIONS

It is imperative that you monitor all of your leveraged positions closely. It is your sole responsibility and obligation to monitor all your leveraged positions. While you have any open leveraged positions, you should regularly access your trading account to actively monitor all your leveraged positions. Due to the speed that margin levels can change with higher leverage ratios, you should consider carefully how equipped you are to monitor markets and react while having higher leverage ratio positions open.

GENERAL TRADING RISKS

It is important that you understand the risks associated with trading in cryptocurrencies because fluctuations in the price of cryptocurrencies can and do affect the value of your leveraged positions. Please refer to clause 2.6 of our Terms and Conditions for more details of the risks associated with cryptocurrencies.

VALUES CAN BOTH DECREASE AND INCREASE

The value of your leveraged positions can go down as well as up and, in extreme circumstances, you may end up with less than you originally invested. The higher the leverage ratio you select, the greater impact any market movements may have on your leveraged position.

VOLATILITY

Movements in the price of cryptocurrency markets can be volatile and unpredictable. This volatility will have a direct impact on the profit and loss of your leveraged trading positions. You should be familiar with the volatility of the market and assign an appropriate Stop Loss and Take Profit order level and assign collateral to maintain your leveraged position

GAPPING

Gapping in one or more markets is a sudden shift in the price of an underlying market from one level to another. Gapping in cryptocurrency markets is generally experienced more frequently than with traditional financial markets (such as ASX-listed shares). Cryptocurrencies trade 24 hours a day and a gapping event can happen at any time.

When a market gaps, it can have a large impact on the value of your leveraged positions and can cause unexpected losses, where for example: The market gaps past your Stop Loss or Stop Loss trigger causing your position to be closed at a greater loss than if the Stop Loss was executed at the price or PnL Value you assigned. It is for this reason that all Stop Loss and Take Profit triggers are offered on a best endeavours basis and we cannot guarantee that your position will be closed at the Stop Loss price or PnL level. You are liable for any losses beyond a set Stop Loss order (and are entitled to keep profits). Stop Loss or Take Profit orders will not always protect you against the risk of gapping.

MARKET LIQUIDITY

We operate an open order book exchange and, as a result, we cannot guarantee liquidity at any price level for any cryptocurrencies. Market conditions can change significantly in a very short period of time. If you attempt to close a leveraged position, you may not be able to do so at or close to the last traded price if there is a lack of liquidity. Under certain trading conditions, it may be difficult or impossible to close your leveraged position.

REGULATORY AND LEGAL RISK

In Australia, cryptocurrency exchanges are only subject to anti-money laundering and terrorism financing requirements, unless the exchange offers trades in cryptocurrencies that are regulated financial products There is a risk that a change in laws and regulations will materially impact the products we offer. A change in laws or regulations made by the government or a regulatory body can increase the costs of offering our services, require additional disclosures to our customers, reduce the attractiveness of our products and, in some extreme cases, mean we need to withdraw the product from the market.

To commence Leveraged Trading:

  1. You acknowledge that you have read and understood the Leveraged Trading Education page on our website; and acknowledge that you fully understand the risks associated with the leveraged trading service.
  2. You successfully pass the Leveraged Trading Suitability Test.
  3. You acknowledge that you are solely responsible and liable for any trading activity on your Independent Reserve account and will not enter into positions that are above your financial abilities.
  4. You acknowledge that higher leverage ratios carry significantly higher risk of loss than lower leverage ratios and we have provided detailed warnings about the risks involved with higher leverage ratio trading.
  5. You are not a citizen or resident of the United States of America (USA).
  6. You are solely responsible and liable for knowing and maintaining all of the leveraged positions in your Independent Reserve account; even if the positions are presented incorrectly on any of Independent Reserve's systems.
  7. You agree to maintain sufficient collateral in your Independent Reserve account as required under the Leveraged Calculation Methodology.
    1. Failure to maintain sufficient collateral in your account can result in the liquidation of buy and sell leveraged positions you hold in your Independent Reserve account.
  8. You agree that Independent Reserve cannot guarantee that a stop loss will limit your losses to the value of your collateral.
    1. If your positions have been closed due to your stop loss and you do not have sufficient fiat or cryptocurrency assets in your Independent Reserve account to cover the balance outstanding you are still responsible for making payment for any shortfall.
  9. During system maintenance, you agree that you are solely responsible and liable for managing all of your leveraged positions. Independent Reserve will provide you with advance notice of any upcoming maintenance.
    1. You acknowledge that markets may move during maintenance and that you may sustain losses greater than your deposited collateral if the price moves against you while Independent Reserve is undergoing system maintenance.
  10. You agree that you, the account holder, are making all trading decisions and placing all orders on your Independent Reserve account; and you are fully responsible for all activities undertaken on your account.
  11. Independent Reserve does not take any responsibility for any loss or damage incurred as a result of your use of any leveraged trading services or your failure to understand the risks involved with leveraged trading.

Leveraged Trading Terms & Conditions

Last updated: 23 March 2025

Leveraged trading is a process where you trade on “margin” by buying and selling cryptocurrency using borrowed assets. If you use our leveraged trading service, you will need to provide a percentage of the trade as margin (your contribution) and we will advance to you the balance of the trade and will take security over the full amount of the trade. You can select different leverage ratios (2x to 5x), and the amount you can borrow will depend on the leverage ratio you choose.

Examples:

  1. If you contribute $10,000 to buy cryptocurrency using our leveraged trading service and select a 2x leverage ratio, you can buy $20,000 of cryptocurrency where we advance you $10,000 for the trade and take security over the $20,000 of cryptocurrency you buy.
  2. If you contribute $10,000 to buy cryptocurrency using our leveraged trading service and select a 5x leverage ratio, you can buy $50,000 of cryptocurrency where we advance you $40,000 for the trade and take security over the $50,000 of cryptocurrency you buy.

When you open a leveraged trade (which we call a ‘leveraged position’), your contributed margin is locked and you cannot buy, sell or transfer the assets in your account that we take as security for the leveraged trade until your leveraged position is closed or you return the loan.

The security is either the assets you buy with the leveraged trade, or the assets you acquire as the result of making a sale using a leveraged trade. If the value of your security falls too far, we may make a “margin call”, that is, notify you that your margin percentage has fallen and your position is in danger of reaching the mandatory liquidation level, or being closed out by us. Once you receive a margin call, you can top up your position with additional collateral (which we will also lock), take action to close your position, or do nothing and run the risk of your position reaching mandatory liquidation or being closed by us.

Leveraged trading is a sophisticated trading strategy, which can magnify your gains and losses. The higher the leverage ratio of each position, the more your gains and losses will be magnified. if you are not familiar with leveraged trading. If you are not familiar with leveraged trading please ensure you read our explanation of the leveraged trading service here.

Leveraged trading is subject to a range of risks. Please read the risk section below which outlines some of the risks that may be relevant to leveraged trading for cryptocurrency but is not intended to be an exhaustive list of all relevant risks. You should consider all the risks that may be relevant to leveraged trading for cryptocurrency and assess whether those risks are acceptable to you having regard to your financial circumstances and risk tolerance. If you are unsure, you should consider obtaining financial, tax or professional advice.

These terms and conditions will apply when you use our leveraged trading service and must be read alongside our Terms and Conditions.

Risk Disclosures

It is important that you understand the risks associated with trading in cryptocurrencies because fluctuations in the price of cryptocurrencies can and do affect the value of your leveraged positions. Please refer to clause 2.6 of our Terms and Conditions for more details of the risks associated with cryptocurrencies.

NO ADVICE

We do not provide any form of advice to our customers in relation to our products or services. We may sometimes provide factual information and market commentary to you directly or via our website; and information about procedures, market conventions and guidance on how you can protect yourself against the potential risks involved in trading cryptocurrencies. This information should not be construed as advice and any decision you make to use our products or services is made by you based on your own research, inquiries and assessments.

We also do not provide advice regarding your personal tax affairs, regulatory filings, disclosures or legal matters that may arise as a result of you using our products and services. It is your responsibility to ensure you comply with applicable laws and regulations. If you are unsure, you should seek independent tax, financial or professional advice.

NOT FINANCIAL PRODUCTS

All the cryptocurrencies we make available for leveraged trading are not financial products and are unregulated. As these products are unregulated, funds deposited for leverage trading will not be subject to safeguarding.

INFORMATION AND QUALIFICATION

Before we permit you to use Leveraged Trading, we require you to read and understand this Risk Disclosure Statement, these Leveraged Trading terms and conditions, and to qualify as an Accredited Investor to ensure you have been provided with the appropriate information to make a decision as to whether leveraged trading products are suitable for you.

VOLATILITY

The trading or holding of cryptocurrencies involves significant risk. Prices can and do fluctuate on any given day. Due to such price fluctuations, you may rapidly increase or lose value in your assets at any given moment. Cryptocurrency is subject to large swings in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading any products we offer.

LEVERAGE

Using the Leveraged Trading product carries a high degree of risk because the leverage means that a relatively small movement in underlying prices of cryptocurrency can lead to a proportionately larger movement in the value of your leveraged position. This can work against you as well as for you. There is a high risk of losing (and making) money quickly using leverage. The higher the leverage ratio you select, the greater impact any market movements may have on your leveraged position. Trading using 5x leverage carries a significantly higher degree of risk than trading using 2x leverage.

NON-GUARANTEED STOP ORDERS and LIQUIDATIONS

Depending on market conditions, the use of Stop Loss orders will not guarantee that your losses (or profits) are capped at that level. Extreme volatility and 'gapping' may mean that after the stop trigger is reached, the price achieved from the set limits may not be possible and your losses (or profits) may continue.

Similarly, if your leveraged position reaches a point where mandatory liquidation is triggered, we cannot guarantee that your leveraged position will be closed at the mandatory liquidation level. Prevailing market conditions at the time of the liquidation may mean that your leveraged position is closed below the mandatory liquidation level. In extreme circumstances, when closing your leveraged position, you may end up in an overall loss position and will be required to provide additional collateral to make up the loss amount on your position.

NEED TO MONITOR YOUR POSITIONS

It is imperative that you monitor all of your leveraged positions closely. It is your sole responsibility and obligation to monitor all your leveraged positions. While you have any open leveraged positions, you should regularly access your trading account to actively monitor all your leveraged positions. Due to the speed that margin levels can change with higher leverage ratios, you should consider carefully how equipped you are to monitor markets and react while having higher leverage ratio positions open.

VALUES CAN BOTH DECREASE AND INCREASE

The value of your leveraged positions can go down as well as up and, in extreme circumstances, you may end up with less than you originally invested. The higher the leverage ratio you select, the greater impact any market movements may have on your leveraged position.

VOLATILITY

Movements in the price of cryptocurrency markets can be volatile and unpredictable. This volatility will have a direct impact on the profit and loss of your leveraged trading positions. You should be familiar with the volatility of the market and assign an appropriate Stop Loss and Take Profit order level and assign collateral to maintain your leveraged position.

GAPPING

Gapping in one or more markets is a sudden shift in the price of an underlying market from one level to another. Gapping in cryptocurrency markets is generally experienced more frequently than with traditional financial markets (such as SGX-listed shares). Cryptocurrencies trade 24 hours a day and a gapping event can happen at any time.

When a market gaps, it can have a large impact on the value of your leveraged positions and can cause unexpected losses, where for example, the market gaps past your Stop Loss or Stop Loss trigger causing your position to be closed at a greater loss than if the Stop Loss was executed at the price or PnL Value you assigned.

It is for this reason that all Stop Loss and Take Profit triggers are offered on a best endeavours basis and we cannot guarantee that your position will be closed at the Stop Loss price or PnL level. You are liable for any losses beyond a set Stop Loss order (and are entitled to keep profits). Stop Loss or Take Profit orders will not always protect you against the risk of gapping.

MARKET LIQUIDITY

We operate an open order book exchange and, as a result, we cannot guarantee liquidity at any price level for any cryptocurrencies. Market conditions can change significantly in a very short period of time. If you attempt to close a leveraged position, you may not be able to do so at or close to the last traded price if there is a lack of liquidity. Under certain trading conditions, it may be difficult or impossible to close your leveraged position.

DEPOSIT PROCESSING DELAYS

There may be circumstances where your collateral deposits are not instantaneous due to your account transaction limits being hit, a mismatch in bank account details or other reasons. In the event that you already have open leveraged positions and are depositing to contribute additional collateral, there is a risk that fluctuations in price may occur before your collateral is posted, causing your position to be liquidated automatically. You must always ensure that your deposits come from your own bank accounts (if fiat) or whitelisted addresses. You solely bear the risk and responsibility for any delays in the crediting of your account caused by discrepancies in your deposit details, which result in the liquidation or forced closure of your position.

REGULATORY AND LEGAL RISK

In Singapore, leveraged trading in cryptocurrencies is not regulated by the Monetary Authority of Singapore. There is a risk that a change in laws and regulations will materially impact the products we offer. A change in laws or regulations made by the government or a regulatory body can increase the costs of offering our services, require additional disclosures to our customers, reduce the attractiveness of our products and, in some extreme cases, mean we need to withdraw the product from the market.

Conditions for Service

Leveraged trading is only available to Corporate Accredited Investors. To qualify as an Accredited Investor, you are required to opt-in by completing this form and submitting it with the required supporting documentation. Acceptance as an Accredited Investor is subject to you meeting all the relevant criteria as defined under section 4A of the Securities and Futures Act and the submission of an opt-in application does not guarantee acceptance.

If you lose or fail to maintain your Accredited Investor status while holding leveraged trade positions, we reserve the right, at our sole discretion, to force close any or all of your open positions. This action may be taken without prior notice to you, in order to mitigate potential risks associated with your reduced financial qualifications and to ensure compliance with regulatory requirements. Independent Reserve shall not be held liable for any losses, damages, or claims arising from such forced closure of positions.

Representations

  1. You must qualify as an Accredited Investor.
  2. By submitting the opt-in form to qualify as an Accredited Investor you represent and warrant that you have the relevant authorization to provide Independent Reserve with the information and documentation required.
  3. You acknowledge that you are solely responsible and liable for any trading activity on your Independent Reserve account and will not enter into positions that are above your financial abilities.
  4. You acknowledge that higher leverage ratios carry significantly higher risk of loss than lower leverage ratios and we have provided detailed warnings about the risks involved with higher leverage ratio trading.
  5. You are not a citizen or resident of the United States of America (USA).
  6. You are solely responsible and liable for knowing and maintaining all of the leveraged positions in your Independent Reserve account; even if the positions are presented incorrectly on any of Independent Reserve's systems.
  7. You agree to maintain sufficient collateral in your Independent Reserve account as required under the Leveraged Calculation Methodology.

    1. Failure to maintain sufficient collateral in your account can result in the liquidation of buy and sell leveraged positions you hold in your Independent Reserve account.
  8. You agree that Independent Reserve cannot guarantee that a stop loss will limit your losses to the value of your collateral.

    1. If your positions have been closed due to your stop loss and you do not have sufficient fiat or cryptocurrency assets in your Independent Reserve account to cover the balance outstanding, you are still responsible for making payment for any shortfall.
  9. During system maintenance, you agree that you are solely responsible and liable for managing all of your leveraged positions. Independent Reserve will provide you with advance notice of any upcoming maintenance. You acknowledge that markets may move during maintenance and that you may sustain losses greater than your deposited collateral if the price moves against you while Independent Reserve is undergoing system maintenance.
  10. You agree that you, the account holder, are making all trading decisions and placing all orders on your Independent Reserve account; and you are fully responsible for all activities undertaken on your account.
  11. Independent Reserve does not take any responsibility for any loss or damage incurred as a result of your use of any leveraged trading services or your failure to understand the risks involved with leveraged trading.

Margin & Collateral

To create a new position using leveraged trading, you must provide collateral to us in either fiat or cryptocurrency. Collateral is the percentage of the leveraged position that you contribute to the leveraged trade as security against the assets we advance you, and we take security against the full amount of the leveraged trade.

The collateral must be held in your account and it will be allocated to a leveraged position (see below for more details). The amount of collateral you need to contribute will depend on the leverage ratio you select. Your account will specify what leverage ratios are available to you and the amount of collateral you need to contribute for a particular leverage ratio.

Collateral Contribution Methodology

When creating a new position using leveraged trading, we will automatically reserve your collateral from your account. The asset we automatically reserve changes depending on whether you elect to open a leveraged buy or leveraged sell position.

When contributing additional collateral to one or more of your positions, you can choose to reserve either cryptocurrency or fiat to increase your margin percentage. Please note that when you choose to contribute cryptocurrency as collateral, the cryptocurrency you reserve must be the same cryptocurrency as your current open leveraged position. This also applies to fiat, when you choose to contribute fiat as collateral, the fiat you contribute must be the same fiat as your current open leveraged position.

Collateral Contribution: Opening New Positions

Leveraged Buy

If you are opening a leveraged buy, we will first use fiat in your account for your collateral contribution. If sufficient fiat is not available on your account to open the leveraged position, we will then use cryptocurrency for the remainder of your collateral contribution; or use cryptocurrency for your entire collateral contribution if your fiat balance is zero.

Examples (ignoring any fees)

Example 1: You elect to open a new leveraged position to buy $30,000 of Bitcoin and select the 2x leverage ratio, and you only have a fiat balance of $15,000 in your account.

We will automatically reserve the fiat $15,000 (50% of $30,000) and then provide you fiat $15,000 and will then take security over the $30,000 of Bitcoin purchased when you open the leveraged position. The $30,000 of Bitcoin will be locked in your account until your leveraged position is closed.

Example 2: You elect to open a new leveraged position to buy $30,000 of Bitcoin and select the 3x leverage ratio, and you have a fiat balance of $5,000 in your account and $10,000 worth of Bitcoin on your account.

We will automatically reserve collateral in fiat of $5,000 and $5,000 worth of Bitcoin ($5,000 + $5,000 being 33.3% of $30,000) and then we will provide you fiat $20,000 and will then take security over the $30,000 of Bitcoin purchased when you open the leveraged position. The $30,000 of Bitcoin will be locked in your account until your leveraged position is closed.

Note: In this scenario, you cannot elect to use the $10,000 of Bitcoin as collateral when opening your position, we automatically use all available fiat first before using cryptocurrency as your collateral contribution for leveraged buys.

Example 3: You elect to open a new leveraged position to buy $30,000 of Bitcoin and select the 5x leverage ratio, and you have no available fiat balance in your account and $50,000 worth of Bitcoin in your account.

We will automatically reserve $6,000 worth of Bitcoin (20% of $30,000) and then we will provide you fiat $24,000 and will then take security over the $30,000 of Bitcoin used to open the leveraged position. The $30,000 of Bitcoin will be locked in your account until your leveraged position is closed.

Leveraged Sell

If you are opening a leveraged sell, we will first use cryptocurrency in your account for your collateral contribution. If sufficient cryptocurrency is not available on your account to open the leveraged position, we will then use fiat for the remainder of your leveraged contribution or use fiat for your entire leveraged contribution if your cryptocurrency balance is zero.

Examples (ignoring any fees)

Example 1: You elect to open a new leveraged position to sell 1 Bitcoin and select the 4x leverage ratio, and you have 2 Bitcoin on your account only.

We will automatically reserve 0.25 Bitcoin (25% of 1 Bitcoin) then provide you 0.75 Bitcoin and will then take security over the fiat sale proceeds of the Bitcoin sold when you open the leveraged position. The fiat sale proceeds will be locked in your account until your leveraged position is closed.

Example 2: You elect to open a new leveraged position to sell 1 Bitcoin and select the 2x leverage ratio, and you have 0.25 Bitcoin on your account and fiat of $50,000 on your account.

We will automatically reserve 0.25 Bitcoin and fiat to the value of 0.25 Bitcoin (0.25 Bitcoin + fiat value of 0.25 Bitcoin being 50% of 1 Bitcoin), and then we provide you 0.5 Bitcoin as a loan and will then take security over the fiat sale proceeds of the Bitcoin sold when you open the leveraged position. The fiat sale proceeds will be locked in your account until your leveraged position is closed.

Note: In this scenario, you cannot elect to use the $50,000 fiat as collateral when opening your position, we automatically use all available Bitcoin first before using fiat as your collateral contribution.

Example 3: You elect to open a new leveraged position to sell 1 Bitcoin and select the 5x leverage ratio, and you have no Bitcoin on your account and fiat $50,000 on your account.

We will automatically reserve fiat to the value of 0.2 Bitcoin (20% of 1 Bitcoin) and then we will provide you 0.8 Bitcoin and will then take security over the fiat sale proceeds of the Bitcoin sold when you open the leveraged position. The fiat sale proceeds will be locked in your account until your leveraged position is closed.

Additional Collateral: Existing Positions

When you contribute collateral to your account, you must elect which leveraged position your collateral is to be applied to. We calculate the margin percentage of each leveraged position separately. We do not offset multiple leveraged positions on your account against one another.

So, while you can have multiple leveraged positions open at any one time, you must contribute collateral for each leveraged position individually and ensure each position has sufficient collateral contributed at all times.

When contributing additional collateral to one or more of your positions, you can choose to reserve either cryptocurrency or fiat to increase your margin percentage.

If you contribute fiat, your total margin value will be increased by the value of fiat you have elected to contribute. There is no fee to contribute additional fiat margin to your positions.

You may also contribute cryptocurrency to increase the value of your contributed margin. For a leveraged buy, your contributed cryptocurrency will increase your margin value by the fiat equivalent of the contributed cryptocurrency. For a leveraged sell, your contributed cryptocurrency will increase the total cryptocurrency reserved as margin against your position and increase your margin.

There is no fee to contribute additional cryptocurrency margin to your positions.

Please note that when you choose to contribute cryptocurrency as collateral, the cryptocurrency you contribute must be the same cryptocurrency as your current open leveraged position.

For example: If you have a leveraged position in Ethereum, the only cryptocurrency you can contribute as collateral is Ethereum. You will not be able to use Bitcoin, for example, as collateral for an Ethereum position.

Market Value of Collateral

You can contribute collateral to your account in fiat (SGD only) or cryptocurrency. All collateral must be in single fiat currency. E.g. if your leveraged position was in SGD, then your margin percentage will be calculated in SGD.

For cryptocurrency collateral contributions, the cryptocurrency valuation is based on the amount of fiat currency that would be generated if your cryptocurrency were to be sold using a market sell order at the time of the margin calculation. The valuation gives consideration to the current bids on the market and the available depth. Your cryptocurrency is not valued using the last traded price because this price is not necessarily an accurate representation of the value of your cryptocurrency should it need to be sold immediately to meet a margin call or mandatory liquidation.

Managing Your Positions: Closing Positions

You can at any time, elect to close any leveraged position you have open. To close your position, you navigate to the Position Details screen of your account and select the “Close Position” option. There are two ways you can close your position:

  1. Close at the current market price;

    1. Closing at the current market price creates a market buy (for leveraged sell positions) or a market sell (for leveraged buy positions). This option uses the market buy/market sell proceeds to return the full outstanding loan balance to us on the open position.
    2. Any remaining funds after the loan has been fully returned to us will be credited to your account or
  2. Close by returning the outstanding loan amount (including any accumulated fees)

    1. You opt to provide sufficient fiat (for leveraged buy positions) or sufficient cryptocurrency (for leveraged sell positions) from your account to fully return the outstanding loan for the open position
    2. You will then retain all of the fiat (for leveraged sell positions) and cryptocurrency (for leveraged buy positions) that you received when opening your leveraged position
    3. Note: This option is only available to you if you have sufficient fiat or cryptocurrency (as appropriate) available on your account

Margin Percentage Calculation Methodology

When you hold either a buy or sell leveraged position, we regularly calculate your margin percentage. This is important because if the margin percentage for a leveraged position falls below the required percentage, we make a “margin call” – that is, we ask you to make a contribution to your account for the leveraged position.

The margin percentage is calculated as your:

(Current position value minus Outstanding Loan Value minus accrued fees)

divided by:

Current value of your open leveraged position

The margin percentage is calculated as the percentage of collateral remaining against your open position value. The required percentage for a leveraged position will vary depending on the leverage ratio selected for the position. If we make a margin call, you will need to contribute additional collateral to your account to act as security for the leveraged position. Any additional contributions you make to your account for the leveraged position will be locked, If your margin percentage falls further, mandatory liquidation may be triggered. Refer below for more detail.

It is your sole responsibility and obligation to ensure your collateral for each leveraged position is above the required margin percentage to avoid margin calls and mandatory liquidation.

If you have multiple leveraged positions, each of your positions will have a separate margin percentage. We will not offset unrealised profits and unrealised losses across multiple leveraged positions. For both buy and sell positions, as the market price of the cryptocurrency fluctuates, your unrealised profit and loss will change. Unrealised profits are added to your collateral value and unrealised losses are subtracted from your collateral value.

Example 1: If your collateral was $10,000 and you selected 2x leverage ratio to buy $20,000 of Bitcoin, and the value of Bitcoin goes down, then your margin percentage will be less than 50%. Alternatively, if the value of Bitcoin goes up, then your margin percentage will be more than 50%.

Example 2: If your collateral was $10,000 and you selected 5x leverage ratio to buy $50,000 of Bitcoin, and the value of Bitcoin goes down, then your margin percentage will be less than 20%. Alternatively, if the value of Bitcoin goes up, then your margin percentage will be more than 20%.

All fees associated with opening and maintaining your open positions are subtracted from your collateral and will impact your margin percentage.

In calculating your margin percentage, we do not consider the value of any cryptocurrency or fiat in your account that is not contributed as collateral to a specific leveraged position. This is because these assets can be moved in and out of your account and collateral must be contributed to and reserved against your leveraged position(s).

It is your sole responsibility and obligation to contribute collateral to each leveraged position you hold and to ensure each position has sufficient collateral to avoid margin calls and mandatory liquidation.

Margin Calls and Mandatory Liquidation

Independent Reserve continually monitors the value of your leveraged positions and your margin percentage. If your margin percentage falls, you may be subject to either a margin call or mandatory liquidation. If any of your open leveraged positions reach the margin call or mandatory liquidation levels, then the leveraged position will be subject to the below conditions:

Margin call: Is reached when your margin percentage falls to or below 15% and is approaching the mandatory liquidation level, if action is not taken by you. A margin call indicates that your leveraged position has lost a majority of the contributed collateral from unrealised losses due to market movements and/or fees paid by you in relation to your open leveraged position. At margin call level, an email notification is sent to you and a warning is also displayed under the Leveraged Trading tab in the position history table after you log in.

When your leveraged position falls below 15% but has not fallen below the mandatory liquidation level (10%), that is when your leveraged position is considered to be in margin call. When your position is in margin call, you are approaching the mandatory liquidation level and should consider contributing additional collateral against the leveraged position to move your margin percentage above the 15% margin call threshold, or, close your leveraged position. Independent Reserve may elect to close your position to protect against further losses of your leveraged position at any time in its absolute discretion.

If your position is at or below the margin call level, you have the option to:

  1. Move additional fiat from your account to contribute additional collateral to your leveraged position. This increases the value of collateral you have against the leveraged position and increases your margin percentage;
  2. Move cryptocurrency from your account to contribute additional collateral to your leveraged position. This increases the value of collateral you have against the leveraged position and increases your margin percentage;
  3. Close the leveraged position and any remaining collateral will be returned to your account;
  4. Opt to return the full value of your outstanding loan to us, effectively closing your position and retaining the assets received when opening the position; or
  5. Do nothing and risk the position being subject to additional losses and/or mandatory liquidation by us.

In extreme market conditions, it may not be possible for us to notify you of a margin call prior to your leveraged position reaching the mandatory liquidation level. We will notify you of a margin call on a best endeavours basis by email. It is your sole responsibility and obligation to continually monitor your leveraged positions and your margin percentages for those positions at all times. While we will endeavour to provide you with timely notifications, we provide this service for your convenience only and we are not liable for any loss or damage (including any consequential loss, indirect loss, loss of profit or economic loss) that you incur as a result of failing to receive or receiving a delayed a margin call notification.

The higher the leverage ratio of a leveraged position, the greater the change in margin percentage relative to the change in market price.

Mandatory liquidation: Is reached when your margin percentage falls below 10%.This margin percentage level is where we will close your leveraged position to prevent further losses. When your margin percentage falls below 10%, we will place a market buy (if your leveraged position was a sell) or market sell (if your leveraged position was a buy) of sufficient cryptocurrency to return your leveraged position to above mandatory liquidation levels, approximately 12.50%, margin at the time the order is placed.

If due to the current market price or market conditions, we are unable to execute a market buy or market sell to return your margin percentage above 12.50%, then we will fully close your leveraged position. All market orders placed to liquidate your leveraged position are subject to the current market depth and the prevailing market conditions. You acknowledge and agree upon liquidation of your leveraged position that your losses may not be limited to the value of the remaining collateral for your leveraged position. Standard trade commission fees apply to all liquidation trades executed by us.

Please note: Even if we execute a market buy or market sell to increase your margin percentage to approximately 12.50%, this is not a guarantee that additional actions will not be taken by us on your open leveraged position or that market conditions will not further deteriorate your margin percentage resulting in additional mandatory liquidation events occurring. In times of extreme market volatility, there may be multiple mandatory liquidations in quick succession.

Any remaining collateral for your leveraged position following the mandatory liquidation will be returned to your account. In extreme market conditions, closing of your leveraged position may result in losses greater than the total collateral contributed against the leveraged position. You are liable for any losses arising from your use of the leveraged trading facility including any losses incurred as a result of mandatory liquidation.

Your liability in respect of leveraged positions is not limited to the amount, if any, of any collateral provided. You are responsible and liable for paying us any deficit owing to us after a leveraged position is closed. If you fail to pay any deficit, we may:

  • deduct the amount of the deficit from the fiat balance in your account; or
  • sell any cryptocurrencies in your account and apply the sale proceeds to discharge the deficit in your account.

If there are insufficient assets in your account to fully discharge the amount of a deficit, you understand and agree that you are immediately required to deposit fiat currency or cryptocurrency to the value of the deficit in order to discharge your obligations to us. We may lock your account and prevent you from making any further trades until you have fully discharged any deficit you owe us.

Timing of Additional Collateral Contributions

We will only include additional contributions of collateral against a specific leveraged position you hold after you have allocated the fiat or cryptocurrency to a specific leveraged position. Any fiat or cryptocurrency held on your Independent Reserve trading account will not automatically be considered as collateral or security for any leveraged positions. It is your responsibility to maintain the margin percentage of all of your open leveraged positions at all times.

If you choose to contribute additional collateral from your trading account to one of your leveraged positions, you acknowledge that there may be a minor delay between when you elect to contribute the collateral and when that collateral contribution is allocated to your leveraged position. In limited circumstances and times of extreme market movements, the leveraged position you are contributing additional collateral towards may reach the mandatory liquidation level before the contribution is allocated to your leveraged position due to the timing delay. We are not liable for any loss or damage (including consequential loss, indirect loss, loss of profit or economic loss) that you incur as a result of any timing delay between when you contribute additional collateral and when the additional collateral is allocated to a leveraged position.

If you choose to deposit additional fiat from your bank account to us to contribute additional collateral or to service a margin call, you acknowledge that the fiat transferred to us is subject to the normal processing times for fiat deposits. Fiat deposits are only available to transfer to your leveraged positions once they are cleared in your trading account. Fiat deposits being credited to your trading account are subject to normal processing times and are subject to delays from time to time. We are not liable for any loss or damage (including consequential loss, indirect loss, loss of profit or economic loss) that you incur as a result of any delay in you being able to contribute additional collateral to your leveraged positions as a result of any perceived or actual delay in processing a new fiat deposit.

If you choose to deposit additional cryptocurrency from your external wallet to us to contribute additional collateral or to service a margin call, you acknowledge that the cryptocurrency transferred to us is subject to the normal processing times for cryptocurrency deposits. Cryptocurrency deposits are only available to transfer to your leveraged positions once they are cleared in your trading account.

Cryptocurrency deposits being credited to your trading account are subject to normal processing times and are subject to delays from time to time. We are not liable for any loss or damage (including consequential loss, indirect loss, loss of profit or economic loss) that you incur as a result of any delay in you being able to contribute additional collateral to your leveraged positions as a result of any perceived or actual delay in processing a new cryptocurrency deposit.

Fees

In addition to the normal trade commission fees, there are leveraged trading fees that apply to open leveraged positions. All fees for leveraged trading will be applied in SGD/USD regardless of whether you have borrowed fiat (buy position) or cryptocurrency (sell position) to create your leveraged position. Even though your leveraged position may not be at the margin call or mandatory liquidation levels, you must always ensure there is sufficient collateral contributed against the leveraged position to cover all fees. You must always have available collateral contributed against all leveraged positions to cover the rollover fees or you risk us closing your leveraged position(s).

The fees for leveraged trading are:

Position open fee:
This fee is applied to the value we advance you for your leveraged position and it is charged at the time you create your new leveraged position.

Example: You elect to open a new leveraged position to leverage buy $30,000 of Bitcoin and select the 2x leverage ratio, and you use fiat of $15,000 for your collateral contribution and we provide you fiat $15,000. The position open fee is calculated using $15,000 as this is the value of fiat we have advanced to you.

Position close fee:
This fee is applied to the value we advance you for your leveraged position at the time it was created and it does not take into consideration the unrealised profits/losses on the position. It is charged at the time you fully close your open position.

Example: You have an open 3x leverage buy for $30,000 of Bitcoin; and you have an unrealised gain of $5,000, meaning your total position value is now $35,000. The position open fee is calculated using $20,000 as this is the value we advanced you.

Interest fee:
This fee is applied to the loan/borrowed value of your leveraged position while the position has an outstanding loan amount. The fee is charged only on the outstanding loan amount and is rounded down to the nearest cent. It is charged at the time you fully close your open position.

Mandatory liquidation fee:
This fee is applied to the value of the outstanding loan amount of your leveraged position at the time it is closed by us. This fee is applied only when your position is automatically liquidated or partially liquidated when your position margin falls below mandatory liquidation level. This fee is not charged when you close your position yourself or using triggers.

Fees are accrued against the profit/loss of your position:
All fees are calculated and accrued against the profit/loss of your position while it is open. They are charged against the position when the position is partially or fully closed.

Fee Name Fee Amount Timing of Fee Payment
Position Open Fee Percentage of the total opening loan amount. Currently free. Accrued against profit/loss when you create a new open position, charged when the position is closed
Position Close Fee Percentage of the total loan amount at the time of closing or partially liquidating the position. Currently free. Applied when either you or we close an open position
Mandatory liquidation fee 1% of the total loan amount at the time of closing or partially liquidating the position. Applied when we close or partially close an open position because it has reached a mandatory liquidation level.
Interest Fee 0.1% per day, accrued every 10 seconds. Applied when your position is closed.

Limits

If you have sufficient fiat or cryptocurrency in your account to create a new leveraged position, you can create a new leveraged position up to your applicable leveraged position limit. Different leveraged position limits apply to each fiat and cryptocurrency. Note: all limits apply to the size of the initial position, not the current value of your open position.

For example: Using 2x leverage buy, we advance you $1,000 to buy Bitcoin and you contribute $1,000 as collateral, your Bitcoin limit will be used. If the price of Bitcoin then goes up 10% and your leveraged position is showing an unrealised gain of $200. Your leveraged position is using only SGD$2,000 of your Bitcoin leveraged position limit, not SGD$2,200. This is because your limit does not change in response to unrealised profits and losses on your leveraged positions.

If you try to open a new leveraged position that will take you over your single cryptocurrency leveraged position limit, you will receive an error message advising of this.

There may be times when you have sufficient fiat or cryptocurrency in your account to open a new leveraged position and you have not reached your single cryptocurrency leveraged position limit, but you are unable to create any new open leveraged position. This is because we maintain a global leveraged position limit that is applied across all customers. This limit is in place to ensure the integrity and stability of the markets we offer to our customers.

If you try to open a new leveraged position after we have reached the global leveraged position limit, you will receive an error message advising of this.

We are not liable for any loss or damage (including consequential loss, indirect loss, loss of profit or economic loss) that you may incur as a result of not being able to create a new leveraged position due to any of the leveraged position limits being reached.

Close Out Rights

We may (in our absolute discretion) close out one or more of your open leveraged positions at the prevailing market price without further notice to you in the following circumstances:

  • if the value of all of your open leveraged positions represents a substantial net unrealised loss to you and that continued trading, or failure to close one or more of your open leveraged positions, will or is likely to materially prejudice your account balance;
  • if you fall below the mandatory liquidation level;
  • if you fail to meet a margin call;
  • to ensure that we do not exceed our global leveraged trading limit; or
  • in an exceptional event.

For this purpose, an exceptional event includes:

  • the suspension or closure of any exchange;
  • extreme market conditions;
  • an event that disrupts market conditions;
  • excessive changes to the price, supply or demand of any cryptocurrency;
  • technical failures that impact trading;
  • any act or regulation made by a government, regulator or authority that prevents us operating an orderly exchange;
  • the imposition of any limits or restrictions on our exchange by a government, regulator or authority;
  • lack of liquidity; or
  • the failure of any service provider or platform that supports our leveraged trading service.

In extreme market conditions, the lack of liquidity may result in your position being closed below the current market price. Any residual funds, cryptocurrency and collateral will be returned to your trading account. Importantly, your liability in respect of leveraged positions is not limited to the amount, if any, of any collateral provided. You are responsible and liable for paying us any deficit owing to us after a leveraged position is closed.

Calculating Unrealised Profit and Loss

Excluding fees, the unrealised profit and loss of your open leveraged position is calculated as the difference between the current market value of your leveraged position and the value of the leveraged position at the time you opened the leveraged position.

Fees are always deducted from your unrealised profit and loss.

A leveraged buy position is where you borrow fiat to open a buy trade.

A leveraged sell position is where you borrow crypto to open a sell trade.

Leveraged Buy Position: (Leverage Value x Market Price) minus (Leverage Value x Position Opening Price) where the Leverage Value is a multiple of the collateral contributed. For example, if the collateral contributed is 50% based on the margin percentage, the Leverage Value is x2. The below examples are exclusive of any fees.

Example 1: You take a 5x leveraged buy position on 5 Bitcoin at $12,000 per Bitcoin.
The current price of Bitcoin has moved up and is now $12,350:
Your unrealised profit = (5 x $12,350) minus (5 x $12,000)
Your unrealised profit = $61,750 minus $60,000
Your unrealised profit = $1,750

Example 2: You take a 2x leveraged buy position on Bitcoin at $12,000 per Bitcoin.
The current price of Bitcoin has moved down and is now $11,500:
Your unrealised loss = (2 x $11,500) minus (2 x $12,000)
Your unrealised loss = $23,000 minus $24,000
Your unrealised loss = -$1,000

Leveraged Sell Position: (Leverage Value x Position Opening Price) minus (Leverage Value x Market Price) where the Leverage Value is a multiple of the collateral contributed. For example, if the collateral contributed is 50% based on the margin percentage, the Leverage Value is x2.

Example 3: You take a 4x leveraged sell position on Bitcoin at $15,000 per Bitcoin.
The current price of Bitcoin has moved down and is now $12,200:
Your unrealised profit = (4 x $15,000) minus (4 x $12,200)
Your unrealised profit = $60,000 minus $48,800
Your unrealised profit = $11,200

Example 4: You take a 3x leveraged sell position on Bitcoin at $15,000 per Bitcoin.
The current price of Bitcoin has moved up and is now $15,100:
Your unrealised loss = (3 x $15,000) minus (3 x $15,100)
Your unrealised loss = $45,000 minus $45,300
Your unrealised loss = -$300

Changes to These Terms

We may (in our absolute discretion) change the margin percentage, margin call level, mandatory liquidation level, leveraged trading limits or any other terms that apply to our leveraged trading service and the change may apply to new leveraged positions as well as open leveraged positions. We will endeavour to provide you with as much notice as possible before implementing a change.

However, we may provide very short notice of a change, or no notice at all, where an exceptional event occurs. For this purpose, an exceptional event includes:

  • the suspension or closure of any exchange;
  • extreme market conditions;
  • an event that disrupts market conditions;
  • excessive changes to the price, supply or demand of any cryptocurrency;
  • technical failures that impact trading;
  • any act or regulation made by a government, regulator or authority that prevents us operating an orderly exchange;
  • the imposition of any limits or restrictions on our exchange by a government, regulator or authority;
  • lack of liquidity; or
  • the failure of any service provider or platform that supports our leveraged trading service.

We will notify you of any changes via your account and whether it only applies to new leveraged positions or if it will apply to any open leveraged positions. If we change any of the leveraged trading terms, this may impact your open leveraged positions, any unrealised gains or losses and leveraged trading limits. It is important that you regularly check your account to monitor your open leveraged positions and are aware of any changes to our leveraged trading service that may impact your positions.

Referral Program Terms & Conditions

Last updated: 11 January 2024

1. Referral Program

  1. We offer a customer referral program that allows existing customers (Referrers) to provide new customers (Referees) with a unique referral code/referral link.
  2. The commencement date of the Referral Program is 24/03/2023.
  3. The program will run until we elect to terminate the program.
  4. We reserve the right to terminate the Referral Program at any time for any reason without prior notification to you.
  5. Referrers are eligible for a $10 credit if a New Customer creates an eligible account using the Referrers unique referral code/link and execute a trade.
    1. For referrers whose address is listed as New Zealand, they will receive NZD$10.
    2. For referrers whose address is listed as any jurisdiction other than New Zealand, they will receive AUD$10.
  6. Referees are eligible for $10 worth of Bitcoin if they open a fully verified or FastTrack account using the Referrers unique referral code/link and execute a trade.
    1. For referees whose address is listed as New Zealand, they will receive NZD$10 worth of Bitcoin.
    2. For referees whose address is listed as any jurisdiction other than New Zealand, they will receive AUD$10 worth of Bitcoin.
  7. To qualify as an eligible account:
    1. An application for a new account to be made by the Referee using the Referrer's unique referral code/link.
    2. The Referee must not already have a fully verified or FastTrack account.
    3. The Referee must complete either the full account verification process or the FastTrack verification process.
    4. The Referee executes a trade.
    5. The Referee and the Referrer cannot be related parties.
  8. The Referral Program does not impact the operation of the Affiliate program.
  9. The amount of Bitcoin is determined by the prevailing market price at the time we credit your account with Bitcoin.
  10. The Bitcoin will be automatically credited to the Referee.
  11. The AUD/NZD credit will be placed onto the Referrer’s account by us.
  12. Failure to use the unique referral code/link when opening a new account renders the Referrer and Referee ineligible to participate in the Referral Program.

2. How it works:

  1. IR customers (Referrers) can receive $10 of credit when they refer a friend (Referee). The Referee will also receive $10 worth of Bitcoin when they sign-up, verify (FastTrack or fully verified) and trade. There’s no first-trade minimum.

3. Timeframes

  1. The program will run indefinitely from 24 March 2023. Subject to change.
  2. There may be limited-time promotions where we may offer larger bonuses or change eligibility requirements.
  3. Or, we may remove the program altogether.
  4. Valid for new customers (referees) only.

4. Conditions of payment

  1. Referrers are valid and verified IR customers.
  2. Referees must use the unique referral code provided to them by the Referrer when signing up for the account.
  3. The Referees must not already have an Independent Reserve account.
  4. For the Referrer and Referee to receive the payments:

    The Referee must:

    1. Sign up using the referral code.
    2. Complete verifications (FastTrack or full verification).
    3. Make a deposit.
    4. Trade.
    5. There’s no minimum trade requirement.
    6. Have an address listed in Australia, New Zealand, or Singapore.
  5. Minimum trade requirements: None.
  6. Distribution of payments (fiat and Bitcoin) will be made automatically upon completion of the above criteria.
  7. Bitcoin will be allocated at the market price at the time we credit the Referee's account.
  8. The dollar denomination (AUD, NZD) will be determined by the Referees' location. i.e. if they’re from New Zealand, they will receive NZD 10 worth of Bitcoin.
    1. If the Referee resides outside of NZ, they will receive AUD 10 worth of Bitcoin.

5. Clawback clause

  1. Fraudulent exploitation of the program will result in any payments made to Referrers and Referees being reversed.

6. Other

  1. From 24 March 2023, the existing Affiliate Program will cease to operate and will be replaced by the Referral Program, as defined in these Terms.
  2. All the brokerage % will keep accruing for users who were invited earlier within the affiliate program.

Referral Program Terms & Conditions

Last updated: 13 January 2025

1. Referral Program

  1. We offer a customer referral program that allows existing customers (Referrers) to provide new customers (Referees) with a unique referral code/referral link.
  2. Referrers are eligible for an SGD 10 credit if a Referee creates an eligible account using the Referrer's unique referral code/link and executes a trade.
  3. Referees are eligible for SGD 10 worth of Bitcoin if they open an account using the Referrers unique referral code/link and execute a trade.
  4. The referral code cannot be used in conjunction with any other promotion/ referral code or offer. Only one promotional code may be redeemed for the account opening.
  5. The amount of Bitcoin is determined by the prevailing market price at the time we credit the Referee's account with Bitcoin.

2. Eligibility criteria

  1. To qualify for the promotion, both the Referrer and the Referee must meet the eligibility criteria.
  2. Referrers

    1. Must have a valid and verified account with Independent Reserve Singapore
  3. Referees

    1. Referees must use the unique referral code provided to them by the Referrer when signing up for the account.
    2. The Referees must not already have an Independent Reserve account.
    3. The Referee must complete the full account verification process.
    4. The Referee executes a trade.
  4. Failure to use the unique referral code/link when opening a new account renders the Referrer and Referee ineligible to participate in the Referral Program.

3. Timeframes

  1. The program will run until 30 May 2025 unless terminated earlier at Independent Reserve’s discretion.
  2. We reserve the right to terminate the promotion at any time for any reason without prior notification to you.
  3. Valid for new customers only.

4. Clawback clause

  1. Fraudulent exploitation of the program will result in any payments made to Referrers and Referees being reversed.
  2. If a Referee’s account is found to be in violation of the General Terms and Conditions, both the Referrer and the Referee’s promo payments will be reversed.
  3. Independent Reserve also reserves the right to reverse or withhold any referral payments from withdrawal where it is found that the account has violated our General Terms and Conditions, or is in breach of any law, statute or regulation.

5. General Terms

  1. Independent Reserve shall not be liable for any financial loss arising out of the refusal, cancellation or withdrawal of the promotion or any failure or inability of a user to take advantage of the promotion for any reason.
  2. This Promotion is subject to the Terms and Conditions, and specifically the Risk Disclaimers that govern the use of our services. In the event of any dispute, we reserve the right to make all final decisions regarding the promotion.

Referral Program Terms & Conditions

Last updated: 28 March 2023

1. Referral Program

  1. We offer a customer referral program that allows existing customers (Referrers) to provide new customers (Referees) with a unique referral code/referral link.
  2. The commencement date of the Referral Program is 24/03/2023.
  3. The program will run until we elect to terminate the program.
  4. We reserve the right to terminate the Referral Program at any time for any reason without prior notification to you.
  5. Referrers are eligible for a $10 credit if a New Customer creates an eligible account using the Referrers unique referral code/link and execute a trade.
  6. Referees are eligible for $10 worth of Bitcoin if they open a fully verified or FastTrack account using the Referrers unique referral code/link and execute a trade.
  7. To qualify as an eligible account:
    1. An application for a new account to be made by the Referee using the Referrer's unique referral code/link.
    2. The Referee must not already have a fully verified or FastTrack account.
    3. The Referee must complete either the full account verification process or the FastTrack verification process.
    4. The Referee executes a trade.
    5. The Referee and the Referrer cannot be related parties.
  8. The Referral Program does not impact the operation of the Affiliate program.
  9. The amount of Bitcoin is determined by the prevailing market price at the time we credit your account with Bitcoin.
  10. The Bitcoin will be automatically credited to the Referee.
  11. The AUD credit will be placed onto the Referrer’s account by us.
  12. Failure to use the unique referral code/link when opening a new account renders the Referrer and Referee ineligible to participate in the Referral Program.

2. How it works:

  1. bitcoin.com.au customers (Referrers) can receive $10 of credit when they refer a friend (Referee). The Referee will also receive $10 worth of Bitcoin when they sign-up, verify (FastTrack or fully verified) and trade. There’s no first-trade minimum.

3. Timeframes

  1. The program will run indefinitely from 24 March 2023. Subject to change.
  2. There may be limited-time promotions where we may offer larger bonuses or change eligibility requirements.
  3. Or, we may remove the program altogether.
  4. Valid for new customers (referees) only.

4. Conditions of payment

  1. Referrers are valid and verified bitcoin.com.au customers.
  2. Referees must use the unique referral code provided to them by the Referrer when signing up for the account.
  3. The Referees must not already have a bitcoin.com.au account.
  4. For the Referrer and Referee to receive the payments:

    The Referee must:

    1. Sign up using the referral code.
    2. Complete verifications (FastTrack or full verification).
    3. Make a deposit.
    4. Trade.
    5. There’s no minimum trade requirement.
  5. Minimum trade requirements: None.
  6. Distribution of payments (fiat and Bitcoin) will be made automatically upon completion of the above criteria.
  7. Bitcoin will be allocated at the market price at the time we credit the Referee's account.

5. Clawback clause

  1. Fraudulent exploitation of the program will result in any payments made to Referrers and Referees being reversed.

Adviser Privacy Declaration

Last updated: 22 December 2022

By ticking this box:

  1. I consent and agree to Independent Reserve disclosing or otherwise making available the following personal information held in my Independent Reserve account to my nominated financial adviser(s) through the Iress Platform:

    • Personal and contact details: This may include my name and date of birth;
    • Transaction information: This includes information about transactions that I have made on my Independent Reserve account; and
    • Portfolio Holdings: This includes current volume and market value of the digital assets held on my Independent Reserve account
  2. I understand that my financial adviser(s) who I nominate on the Iress Platform now and in the future will be able to view the above personal information on the Iress Platform, as updated from time to time.

  3. I also understand that Iress (as the operator of the Iress Platform) will be able to view the above personal information.  I acknowledge and agree that once Independent Reserve makes my personal information available through the Iress Platform, my personal information will be managed by Iress and the Iress Privacy Policy will apply. This may include that Iress and my financial adviser(s) can view and use my personal information for the purposes described in the Iress privacy policy.

    Independent Reserve encourages you to read the Iress Privacy Policy for more information.

    If you would like to know more about how Independent Reserve handles personal information, including how you can access and correct the personal information Independent Reserve holds about you, or make a privacy complaint, please see our Privacy Policy.