1. Huobi Australia Pty Ltd (the Company) is a company incorporated in Australia governed by the laws of Victoria, Australia. The Company operates a digital currency exchange platform and other services via the website https://www.huobi.com.au (the Website).
2. These terms govern the use of the Website. By registering to use the Website, you agree to accept and comply with these terms. Before using the Website, we recommend that you seek independent legal and financial advice on the implications of using this Website the trading in cryptocurrencies. Digital Currency Trading is considered high risk.
3. In these terms, "we" or "our" refers to the Company and "you" or "your" refers to users who have registered to use the Website. Capitalised terms have the meaning given to them in clause 60 below.
4. We may, at our option, offer the content on the Website in multiple languages. The English language version shall prevail in the event of any conflict between a different language version and the English version.
6. By using the Website, You are liable for any transactions initiated on your account and losses (if any) resulting from those transactions.
7. We do not issue financial products or provide financial services in relation to our digital currency exchange services.
8.By using the Website, you acknowledge that you are aware of the risks associated with Digital Asset Transactions, including but not limited to:
9. You further acknowledge the above list of risks is non-exhaustive and there may also be unpredictable risks. Except as described below, we are not responsible for any losses of any nature arising from your use of the Website.
10. By Registering on the Website you confirm and acknowledge that:
11. We may reject an application for Registration at our sole discretion and without providing our reasoning to you.
12. To register to use the Website, you must:
13. Approved users will receive a Member Account and corresponding password.
14. You agree not to share your login details or password (including security or verification codes received via your mobile phone or email) with any third parties. Any use of your Member Account using your login details will be deemed to be the actions of you.
15. We may require you to add Enhanced Security to your Member Accounts by adding, including but not limited to, SMS-based and/or two factor authentication.
16. You should ignore any emails that appear to come from us that request your security information or login details. These emails may come from other parties seeking to use this information to access your accounts. We will not request this information, except through the Website.
17. You are liable for all activities and events carried out using your Member Account, including any fraudulent, illegal or unauthorised Digital Asset Transactions or other activities.
18. You must promptly notify us if you believe your login details have been compromised or your Member Account has been accessed without your authorisation. We may agree to suspend your Membership Account on your notification. Under no circumstances shall we bear any liability for such security breaches that have arisen before action is taken (even when there is a delay in us actioning a Suspension on your Member Account), including but not limited to any loss that you may sustain.
19. All costs taxes or fees that are incurred by you in the course of using the Services provided by the Website shall be solely borne by you.
20. If you fail to log into the Website using your Member Account number and password for an uninterrupted period of one year, we reserve the right to revoke your Member Account.
21. No Service on the Website may be paid for by credit card or via direct ATM/cash deposits, unless we agree otherwise. All Services must be paid for by bank transfer.
22. You must use the Website in good faith in accordance with this Agreement and applicable laws or regulations.
23. You must not use the Website to engage in any illegal transaction activities, such as money laundering, smuggling, bribery or illicit activities or to interfere with the rights of any third party. We may suspend or terminate your Member Account where we suspect you are using your Member Account for unlawful purposes.
24. You must not use any technical or other means to interfere with the normal operation or availability of the Website or interfere with the other users' use of the Services.
25. You must not post, upload, send or distribute through the Website any inappropriate, defamatory, abusive, profane, infringing, obscene, indecent, obscene or unlawful material or information.
26. You must not "data mine" or in any way copy or reproduce the Website or circumvent the Website's structure or presentation.
27. You must not gain, or attempt to gain, unauthorised access to the Website.
28. You may not maliciously defame the business goodwill of the Website or the Company on the ground of falsified fact.
29. You have the right to terminate your use of the Services provided by the Website at any time, provided that any trades initiated by you will be completed prior to termination and any outstanding fees have been paid.
30. The Company reserves the right in its sole discretion to suspend or terminate your account or any transaction at any time without notice to you.
31. The Website provides an online transaction platform service for Members to engage in Digital Asset Transactions through the Website.
32. The Company is not a party to, nor does it participate in, the Digital Asset Transactions conducted via the Website.
33. You are able to browse the real-time quotes and transaction information of Digital Asset products on the Website, to submit Digital Asset Transaction instructions and to complete the Digital Asset Transaction through the Website.
34. You are able to view information under your Member Account on the Website and to use the functions provided by the Website.
35. You may to participate in the website activities organised by the Website in accordance with the rules of activities posted on the Website.
36. Other services that the Company may include in the Website and advertise from time to time.
37. We reserve the right to modify, suspend or terminate the Services offered by the Website, at any time, and the right to modify or suspend the Services without prior notice to you.
38. If we terminate one or more of the Services offered by the Website, such termination by the Website will take effect on the date of announcement of such termination on the Website.
39. We reserve the right to delete any content and information which does not conform to laws and regulations or the rules of the Website at any time, and exercise of this right is at our sole discretion and is not subject to a prior notice to you.
40. We reserve the right to amend this Agreement from time to time, and disclose such amendment by way of announcement on the Website without sending a separate notice to you of your rights, unless required by law.
41. The date any amendment is made will be indicated on the first page of the Agreement.
42. Any amendments to the Agreement will take effect immediately upon announcement on the Website.
43. It is your responsibility to review this Agreement from to time and to remain informed as to any amendments. If you continue to use the Services offered by the Website, you will be deemed to have accepted and agreed to be bound by the then current Agreement.
44.You acknowledge that:
45. You undertake that you will properly comply with the following rules for Digital Asset Transactions.
46. The Website will enable you to place Digital Asset Transaction Buying and/or Selling Orders.
47. We provide a Digital Asset wallet which you can use to make Digital Asset Transactions through the Website.
48. By submitting a Transaction Request, you authorise the Company to initiate the Digital Asset Transaction on your behalf. The Website will automatically match you with another Member (or other trader) when the Member submits a Transaction Proposal that meets your price quotation, with matching occurring in the order Transaction Requests were placed The Company will then complete the Digital Asset Transaction, without prior notice to you.
49. Where a transaction is unable to be fully matched and completed, we will not automatically cancel the partially filled Transaction Request / Transaction Proposal. The remainder of the transaction will await future Digital Asset Transactions.
50. You have the right to revoke or modify a Transaction Request through the Website at any time before the relevant Digital Asset Transaction concludes. We cannot cancel or reverse Digital Asset Transactions which have concluded. Digital Asset Transactions are subject to confirmation by the Digital Asset network and may not be reflected in your Member Account until this has been completed.
51. Your Member Account will be subject to the fees described on the Website from time to time at [fees document].
52. Your Member Account will be subject to the deposit and withdrawal limits described on the Website from time to time at [deposit and withdrawal limits document].
53. You may be subject to additional withdrawal restrictions from time to time, including where we determine it is necessary to minimise fraud, money laundering and other risks.
54. We will, at our discretion, select those Digital Assets the Website supports, and this may change from time to time. We assume no responsibility or liability in connection with any attempt to use your Member Account to store, send, request or receive Digital Assets in any form that we do not support. We will use reasonable efforts to assist you to move or sell a Digital Asset is no longer supported.
55. We do not issue financial products or provide financial services in relation to its digital currency services.
56. We may participate in trading through the Website as a buyer or seller to provide liquidity, hedge against market risks and for operational reasons.
57. All Digital Asset Transactions involve exchange rates. Transactions will occur at the current exchange rate determined by us at the time of the transaction.
58. We do not issue financial products or provide financial services in relation to our Digital Asset exchange services.
59. All fees and costs specified in this Agreement are exclusive of any GST. Where GST is payable in respect of a supply, the fee or cost specified in this Agreement will be increased by an amount to enable us to receive the amount specified in the Agreement, after remitting all GST to the Australian Tax Office. We will provide you with a valid tax invoice if GST has been collected from you.
We may connect to other exchanges to provide liquidity on the Website. Some Digital Asset Transactions may be executed with traders on other exchanges. In this case we act as agents to fulfil all order execution responsibilities and will pay all relevant fees. Prices shown on the order book of the Website are inclusive of all relevant fees.
60. We partner with Local Companies to receive and hold Fiat Money on our behalf as custodian. These Local Companies DO NOT hold, transfer or exchange Digital Assets or provide any services in connection with Digital Assets.
61. Fiat Money is held in an account with an Australian Authorised Deposit-taking Institution in the name of a Local Company, which has agreed to hold the account on trust for the Company. . Disruption including, but not limited to, delays of money transfer and frozen account may occur due to factors outside the Company's control. These disruptions include, but are not limited to, banking system failure and legal obligations (EG: AML/CTF legislation responsibilities, criminal investigation). We undertake, along with the Local Companies, to use reasonable endeavours to resolve any such issues but accept no liability for any loss which occurs due to such disruptions.
62. You shall indemnify us for any losses should you breach this Agreement or any applicable law, regulation or regulator policy, including all costs and expenses relating to damage or loss (including consequential loss) incurred by the Company or its related bodies corporate in connection with such breach (including legal or consultancy fees, among others).
63. Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL), or any other applicable law, that cannot be excluded, restricted or modified by agreement.
64. To the extent permitted by law (including the ACL), we exclude all warranties, whether express or implied (not including any consumer guarantees under the ACL), including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, all links to or from the Website and the Digital Asset Transactions through the Website. Subject to the consumer guarantees provided for in consumer protection legislation (including the ACL), we do not warrant that you will have continuous access to the Website. We will not be liable in the event that the Website or the full functionality of the Website is unavailable to you for any reason, including in relation to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
65. To the extent permitted by law (including the ACL), our liability in respect of any non-excludable warranties or conditions relating to the Website, all links to or from the Website and the underlying Digital Assets available through the Website is limited to resupplying the Website or the reasonable cost of resupplying the relevant Website, whichever we see fit to provide.
66. For all other claims or liability, and to the extent permitted by law, the maximum liability of us and our employees, agents or contractors for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with this Agreement or the Website is limited to the amount of any fees received from you in the preceding 3 months in the aggregate of all claims
67. Both parties acknowledge that in the event of breach common law remedies may be insufficient to cover losses sustained. Therefore, in the event of a breach of contract or a possible breach of contract, the non-breaching party shall have the right to seek injunctive relief as well as all other remedies that are permitted under common law or equity.
68. You understand and agree that under no circumstance will we be held liable for any of the following:
69. The Company may suspend or terminate your account, use of the Service, or the processing of any Digital Asset Transaction, at any time in its sole discretion.
70. This Agreement shall be terminated on the date of the cancellation of your Member Account.
71. After the termination of this Agreement, you do not have the right to require the Website to continue to provide you with any Service or perform any other obligation, including, but not limited to, requesting the Website to keep or disclose to you any information in your Member Account, or to forward to you or any third party any information therein that is not read or sent. You should retain your own records of your Digital Asset Transactions and any Transaction Requests in the event you may require them in the future. You may need to produce your records for the purposes of taxation.
72. Within a reasonable period after termination of this Agreement, we will transfer to you all Fiat Money and Digital Assets we hold for you, after deduction of any amounts you owe us under this Agreement and subject to any applicable laws which would prevent us from transferring the Fiat Money and Digital Assets to you.
73. The termination of this Agreement shall not prevent the either party from demanding a breaching party to assume other liabilities.
74. All intellectual achievements included in the Website, including, but not limited to, website logos, databases, website design, text and graphics, software, photos, videos, music, sounds and any combinations of the aforementioned files, and the intellectual property rights of software compilation, associated source code and software (including small applications and scripts) are owned by the Company. You may not copy, modify, copy, transmit or use any of the foregoing materials or content for commercial purposes.
75. Upon entering into this Agreement, it shall be deemed that you have transferred and assigned exclusively and free of charge to the Website all copyright of any form of information that you publish on the Website, including, but not limited to copyrights, distribution rights, lease rights, exhibition rights, performance rights, projection rights, broadcasting rights, information network dissemination rights, shooting rights, adaptation rights, translation rights, compilation rights and other transferable rights that copyright owners are entitled to, and the Website shall have the right to sue for any infringement on such copyright and obtain full compensation for such infringement. This Agreement shall apply to any content that is published by you on the Website and is protected by copyright law, regardless of whether the content is generated before or after the signing of this Agreement.
76. You understand and acknowledge that in accordance with relevant laws of the Commonwealth of Australia, you shall not export, re-export, import or transfer any material (including software) on the Website.
77. You undertake that you will not voluntarily commit or assist or participate in any export, re-export, import or transfer any material (including software) on the Website or related transfer or other violations of applicable laws and regulations; if you uncover any of the aforementioned events, you must report them to us and assist us in handling them.
78. All the Digital Asset Transactions calculations are verified by us, and all the calculation methods have been posted on the Website, but we cannot ensure that your use of the Website or the calculation will not be defective or free from errors. IF you believe a Digital Asset Transaction has been calculated incorrectly, you must notify us immediately.
79. You may not, without our consent (which may be withheld at our discretion), transfer to any third party any of your rights or obligations in this Agreement.
80. We may terminate this Agreement in the event of a change in control.
81. We may, at any time, assign our rights and obligations under this Agreement to any third party with 30 days' prior written notice to you.
82. The rights and obligations contained in this Agreement shall be equally binding on the assignees, the heirs, executors and administrators of the parties.
83. This Agreement in its entirety is a contract concluded under the laws of the Commonwealth of Australia, governed the laws of the State of Victoria. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and courts of appeal from them for determining any dispute concerning this Agreement.
84. In this agreement: