Our terms and conditions have changed

Please review our updated terms and conditions for:

  • Anti Money Laundering (AML) Policy
  • Anti Money Laundering (AML) Policy
  • Anti Money Laundering (AML) Policy
  • Privacy Collection Notice
  • Privacy Collection Notice
  • Privacy Collection Notice
  • Privacy Policy
  • Privacy Policy
  • Privacy Policy
  • Terms & Conditions
  • Terms & Conditions
  • 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 update 1 Oct 2021

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
  • Cryptocurrency withdrawals may require proof of bank account held in the same name as the Independent Reserve account before being approved

Anti Money Laundering (AML) Policy

Last update 1 Oct 2021

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
  • Cryptocurrency withdrawals may require proof of bank account held in the same name as the Independent Reserve account before being approved

Privacy Collection Notice

Last update 13 Jan 2023
  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’s 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 any personal information to financial institutions 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 Independent Reserve 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, including 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 Independent Reserve 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@independentreserve.com. You may also request a copy of our privacy policy at the above address.

Privacy Collection Notice

Last update 2 Jun 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’s 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. customize 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 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, including 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 update 24 Feb 2023

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; and
  • social media (such as LinkedIn and Facebook).

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 a trading 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, 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.

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 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 update 16 Sept 2021

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 with FAST transfer, our Singapore payment gateway provider.

We only use and disclose personal data collected in this manner insofar as necessary in order to integrate 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 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 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 purpose of 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. This includes a person’s racial or ethnic origin, political opinion, political association, religious belief or affiliation, philosophical belief, professional or trade union or association, sexual preference, criminal record 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.

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 SG’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 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 update 23 Nov 2022

Bitcoin.com.au (we 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.

We are bound by the provisions of the privacy laws in the State of New South Wales, Australia and the National Privacy Principles. These laws govern the way in which we may collect, use and disclose personal information about any individual (you). This Privacy Policy sets out the manner in which we comply with our obligations under these laws.

Collection, use and disclosure

We collect personal information from customers for identity verification purposes under anti-money laundering and fraud prevention laws.

We only use and disclose personal information collected in this manner insofar as necessary in order to integrate with identity verification and related services, or as otherwise required by law.

There are also a number of limited circumstances in which we may collect personal information 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. We will only use personal information collected in this manner for the purpose of communicating with you or otherwise in accordance with the purpose for which you provided your personal information.

The personal information we collect

The type of personal information which we might collect from customers includes your name, current and previous addresses, date of birth, telephone number, driver licence number, passport number and any other information which may be relevant for the purpose of 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 information 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 information about any person. This includes a person’s racial or ethnic origin, political opinion, political association, religious belief or affiliation, philosophical belief, professional or trade union or association, sexual preference, criminal record 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 information, you should contact us via the Support screen in the Bitcoin.com.au app. 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 information 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 information.

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 information 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 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 update 24 Feb 2023

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 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 two types of Accounts:
      1. Standard Account;
      2. FastTrack 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/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. I consent to my personal information being collected and used in accordance with Independent Reserve’s Privacy Policy. In addition, for the purposes of verifying my identity, I consent to:
      1. the verification of my 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 my personal information which is held by third parties. I also consent to the use by third parties of the results of any verification checks on my 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

    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.

  3. Use
    1. Your Account is to be used only by you 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 log-in 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.
  6. Risks
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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 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.
    7. 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.
    8. 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.
    9. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling, trading or holding cryptocurrencies.
    10. 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.
    11. 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. Users should seek their own legal, financial, business, tax and accounting advice in relation to any Cryptocurrency activities.

3. 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.

4. 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;
      5. not assist others in obtaining unauthorised access to any persons Account;
      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 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 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, 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.

5. Transfers out of Platform

  1. Transfer
    1. You are responsible for the transfer of any Cryptocurrency 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 Cryptocurrencies once you have transferred them from your Account to another wallet or trading provider.
    3. You are solely responsible for ensuring the recipient wallet address is correct 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. 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;
      4. 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; and
      5. 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.

6. 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 assets 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.

7. 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 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 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;
    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 be transferred to a valid bank account only after conversion into a fiat currency.
  7. We will transfer fiat currency as soon as practicable following your request upon termination of your Account.
  8. 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 where they cannot be avoided, you acknowledge and agree that these charges cannot always be calculated in advance, and that you are solely responsible and liable for such charges.

8. 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.

9. 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.

10. 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, shall in no circumstances exceed the greater of either (a) the total amount held in your Account less any amount that may be due and payable to us in respect of your Account; or (b) 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).

11. 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 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.

12. 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.
    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).

13. 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.
  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.

14. Privacy

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

15. 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.

16. 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.

  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.

17. 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.

18. 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.

19. Definitions

"Account" means a FastTrack Account and Standard 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.

"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/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.

"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.

Terms & Conditions

Last update 24 Feb 2023

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. The Platform is available only to Singapore residents only with no nexus to High-Risk and/or Sanctioned Countries as defined by the Financial Action Task Force and is not intended to be offered or made available to any person who resides outside of Singapore. If you access this Platform outside of Singapore, then you do so at your own risk.
    4. 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. I consent to my personal information being collected and used in accordance with Independent Reserve’s Privacy Policy. In addition, for the purposes of verifying my identity, I consent to:
      1. the verification of my 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 my personal information which is held by third parties. I also consent to the use by third parties of the results of any verification checks on my 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.
  3. Use
    1. Your Account is to be used only by you.
    2. You may not authorise others to use your Account, 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, 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 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.
      3. 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.
      4. 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. 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, distributed or distributed in any form or by any means, whether manual or automated.

4. 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;
      5. not assist others in obtaining unauthorised access to any persons' Account;
      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 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 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 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.

5. Transfers out of Platform

  1. Transfer
    1. You are responsible for the transfer of any Cryptocurrency 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 Cryptocurrencies once you have transferred them from your Account to another wallet or trading provider.
    3. You are solely responsible for ensuring the recipient wallet address is correct 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. 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;
      4. 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; and
      5. 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.

6. 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
      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 assets 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.

7. 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 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 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;
      6. or any other criminal or prohibited activities,
    4. there is a violation of these Terms and Conditions, our Privacy Policy or our security procedures;
    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 be transferred to a valid bank account only after conversion into a fiat currency.
  7. We will transfer fiat currency as soon as practicable following your request upon termination of your Account.
  8. 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 where they cannot be avoided, you acknowledge and agree that these charges cannot always be calculated in advance, and that you are solely responsible and liable for such charges.

8. 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.

9. 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.

10. 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.

11. 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, shall in no circumstances exceed the greater of either (a) the total amount held in your Account less any amount that may be due and payable to us in respect of your Account; or (b) 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).

12. 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 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.

13. 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).

14. 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.
  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.

15. 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.

16. 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.

17. 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 submitting contacting the support team.

18. 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.

19. 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.

20. Definitions

"Account" means a Standard 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 Applestore, 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.

"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.

Terms & Conditions

Last update 2 Jun 2023

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 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 two types of Accounts:
      1. Standard Account;
      2. FastTrack 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://bitcoin.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. I consent to my personal information being collected and used in accordance with bitcoin.com.au’s Privacy Policy. In addition, for the purposes of verifying my identity, I consent to:
      1. the verification of my 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 my personal information which is held by third parties. I also consent to the use by third parties of the results of any verification checks on my 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

    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.

  3. Use

    1. Your Account is to be used only by you 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.
  6. Risks
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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 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.
    7. 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.
    8. 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.
    9. You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling, trading or holding cryptocurrencies.
    10. 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.
    11. 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. Users should seek their own legal, financial, business, tax and accounting advice in relation to any Cryptocurrency activities.

3. 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.

4. 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;
      5. not assist others in obtaining unauthorised access to any persons Account;
      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 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 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, 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.

5. Transfers out of Platform

  1. Transfer
    1. You are responsible for the transfer of any Cryptocurrency 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 Cryptocurrencies once you have transferred them from your Account to another wallet or trading provider.
    3. You are solely responsible for ensuring the recipient wallet address is correct 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. 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;
      4. 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; and
      5. 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.

6. 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 assets 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.

7. 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 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 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;
    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 be transferred to a valid bank account only after conversion into a fiat currency.
  7. We will transfer fiat currency as soon as practicable following your request upon termination of your Account.
  8. 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 where they cannot be avoided, you acknowledge and agree that these charges cannot always be calculated in advance, and that you are solely responsible and liable for such charges.

8. 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.

9. 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.

10. 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, shall in no circumstances exceed the greater of either (a) the total amount held in your Account less any amount that may be due and payable to us in respect of your Account; or (b) 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).

11. 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 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.

12. 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@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).

13. 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.
  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.

14. Privacy

When you use the bitcoin.com.au Platform, we will collect personal information about you. 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/

15. 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.

16. 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.

  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.

17. 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.

18. 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.

19. Definitions

"Account" means a FastTrack Account and Standard 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.

"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.

"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.

Leveraged Trading Terms & Conditions

Last update 18 May 2023

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, and the amount you can borrow will depend on the leverage ratio you choose. For example, 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. 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. 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, if you are not familiar with leveraged trading.

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 a percentage of the leveraged position that you contribute to the leveraged trade for 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 2x leverage ratio, and you have a fiat balance of $10,000 in your account and $10,000 worth of Bitcoin on your account.

We will automatically reserve collateral in fiat of $10,000 and $5,000 worth of Bitcoin ($10,000 + $5,000 being 50% of $30,000) and then we will 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.

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 2x 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 $15,000 worth of Bitcoin (50% of $30,000) and then we will provide you fiat $15,000 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 2x leverage ratio, and you have 2 Bitcoin on your account only.

We will automatically reserve 0.5 Bitcoin (50% of 1 Bitcoin) then provide you 0.5 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 2x 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 0.5 Bitcoin (50% of 1 Bitcoin) and then we will provide you 0.5 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 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.


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.

For example, 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%.

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 20% 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 20% 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 20% 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; or
  4. 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.

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) 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 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 2x 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 $15,000 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 NameFee AmountTiming of Fee Payment
Position Open FeePercentage 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 FeePercentage 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 fee1% 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 Fee0.05% 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: If 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 goes up 10% and your leveraged position is showing an unrealised gain of $200, your leveraged position is 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 2 x leveraged buy position on Bitcoin at $12,000 per Bitcoin. The current price of Bitcoin has moved up and is now $12,350:
Your unrealised profit = (2 x $12,350) minus (2 x $12,000)
Your unrealised profit = $24,700 minus $24,000
Your unrealised profit = $700

Example 2: You take a 2 x 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 2 x 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 = (2 x $15,000) minus (2 x $12,200)
Your unrealised profit = $30,000 minus $24,400
Your unrealised profit = $5,600

Example 4: You take a 2 x 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 = (2 x $15,000) minus (2 x $15,100)
Your unrealised loss = $30,000 minus $30,200
Your unrealised loss = -$200


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.


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.


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 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 are not a citizen or resident of the United States of America (USA).
  5. 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
  6. 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
  7. 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
  8. 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.
  9. 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.
  10. 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.

Referral Program Terms & Conditions

Last update 29 Mar 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.
    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.
  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 update 29 Mar 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 an SGD 10 credit if a New Customer creates an eligible account using the Referrer's unique referral code/link and execute a trade.
  6. Referees are eligible for SGD 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 unique referral code/link of the Referrer.
    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 Referrer.
  11. The SGD credit will be placed onto the Referee’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.
  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 Referees' location will determine the dollar denomination (SGD). i.e. if they’re from Singapore, they will receive SGD 10 worth of credit.
    1. If the Referee resides in New Zealand, they will receive NZD 10 worth of credit.
    2. If the Referee resides outside of New Zealand or Singapore, 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 update 28 Mar 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 update 22 Dec 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.