Terms of Service

This Terms of Service apply to the website bitaroo.com.au and all of its subdomains and application program interfaces (APIs) (hereinafter referred to as: “The Website”, “This Website”, "Platform", "App") that are being operated by Bitaroo Pty Ltd ABN 11 629 701 953 (hereinafter referred to as: “The Company”, “We”, “Our”, “Ours”).
Please read the following Terms of Service carefully. If you (hereinafter referred as: “You”, “User”, “Users”) do not accept the following Terms of Service, the usage of the website is not allowed.
This Terms of Service are obligatory for the customers. In order to use the services of The Company, this Terms of Service have to be accepted, otherwise the usage of The Company's services are prohibited. Terms of Service are treated as an agreement between you as a User and us – The Company.
You must be at least sixteen (16) years of age to use This Website and/or any of our services. By using This Website and/or our services, you warrant and represent that you are at least sixteen (16) years of age.
The services, offered by The Company provide the Users methods to buy, sell and transfer bitcoin. The usages of the offered services are limited only for Australian residents and citizens, and limited only to geographical areas governed by Australian law.

Risks deriving from bitcoin

While trading and holding bitcoin the User acknowledges the risk that derives from trading and/or holding bitcoin. Before using our services, please get well informed for the high level of risk exposure and trade in accordance to your financial situation and financial experience.
The prices of bitcoin fluctuate daily or even hourly without any control by The Company, and due to such fluctuations, the value of your invested capital may vary. This process may impose significant increase or significant loss of value.
Bitcoin is not backed up by governmental institutions and are not regulated as conventional goods that are traded. Bitcoin is a unique asset, backed by technology and trust.
The User acknowledges and understands that trading and/or holding bitcoin may result in loss of some or even all of the invested capital. The User confirms that trading and/or holding bitcoin may impose risk of failing of the price of bitcoin, risk of bitcoin not to be accepted by third party (i.e. liquidity risk), risk of hardware or software failure, fraud risk, and third-party risk.
We cannot guarantee the identity of any User that buys and/or sells bitcoin and cannot ensure you that a transaction will be completed. We do not act as a money transmitter and The Company only assists our Users in transactions that involve bitcoin. The User agrees that The Company accepts no responsibility for any loss or damages if false information is provided by Users.
The User ensures that username and password provided by The Company are kept confidential and in good manner. Users’ accounts can be terminated by us if We have reasonable doubts that the account has been compromised.
The Company has no liability of any bitcoin that is transferred from our website or service and has no liability if the bitcoin is transferred to an incorrect wallet address. The User should take a great degree of care and precaution to secure passwords and should have correct information when transferring and storing bitcoin. In any case the User should take appropriate care while operating in a digital environment. In any case, The Company is not liable for the funds on User's account in case of unauthorised usage of the account by third party, including but not limited to hacking, stealing username and passwords, breach of services.

Scope of use of The Website and Services

The User agrees that The Website and Services will be used only for the purposes and services that are legally offered by The Company.
The User agrees not to use The Website and Services for any illegal and/or criminal activities that include but are not limited to money laundering, terrorist financing, illegal gambling and malicious hacking.
All the content and material published on The Website and Services are property of The Company and are protected by copyright, trademark and other applicable regulations. Use for any business or republishing of information provided on and by The Website and Services is prohibited without appropriate consent by The Company.
Usage of The Website and Services contrary to the stated provisions in this Terms of Service or all applicable regulations may lead to termination of the User’s account. All damages due to inappropriate usage of The Website and Services may be covered by the User.

Usage of your Bitaroo account

By agreeing to this Terms of Service, you agree to use the account at Bitaroo Pty Ltd only for legitimate interests. If any unlawful activity is detected, We may be forced to send information to the appropriate enforcement agencies or governmental bodies.
You agree that you will not use This Website or our services in any way, at any time, in a manner that may cause damage to The Website and/or to The Company, or in any way that may be connected with illegal activity of any sort.
Any attempt of using The Website with personal information that does not belong to you, as a User, or account that does not belong to you, or assist to anyone trying to access unauthorised on This Website may impose criminal and/or civil liability to You.
If an account/accounts are created without prior consent from The Company, the result will be termination of all account/accounts created without prior consent. The Company reserves the right to terminate without prior notice an account if suspects or doubts of the accuracy of the provided personal data and information. Also, The Company reserves the right to terminate an account by request of any government body/ governmental institution without prior notice. We can also terminate users account without prior notice, under our sole discretion, for any reason whatsoever, including but not limited to breach of these Terms of Service.
If The Company has suspicions related to your activity with the account, we can request additional information and supporting documentation. The Company can at any time and without prior notice freeze your account or stop any transactions if there is a reasonable suspicion that some unlawful activities are performed. We reserve the right to refuse any transaction if we have doubt on the origin of funds or User’s identity.
The User confirms that will notify The Company immediately of any unauthorised usage of the account, or any breach of security.
The User agrees that will not perform any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to This Website without our express written consent.
The User understands that the responsibility to determine if any taxes apply to the trading on This Website is the sole responsibility of the User. The Company does not advice in financial transactions and does not report or remit any taxes that arise from any transaction nor does it provide legal advices.
The Users understands that they have a responsibility to check their account/accounts held at The Company and monitor the movement of its assets, including pending, lapsed or cancelled transactions, and to re-execute failed transactions.
All deposits and withdrawals may be subject to limits defined on The Website. The limits can be changed at all time and we will inform the User for such changes.

Dormant Account Custodial Policy

If an account remains inactive for 39 consecutive days, Bitaroo reserves the right to automatically transfer the bitcoin held in the account to the Bitaroo Vault, a secure cold storage service, for safekeeping. Users will be notified via email prior to any such transfer, allowing time to take action if desired. Standard storage fees, as outlined in our Fees Schedule, will apply to funds held in the Bitaroo Vault. This policy is part of Bitaroo’s security measures to protect user assets and ensure compliance with custodial standards..
Indemnification

User shall indemnify The Company, its executives, agents, employees and affiliated companies for any claim or costs associated with any claim asserted by a third party attributable to Users breaches of these Terms of Service and/ or breaches of applicable regulations and legislation.

This indemnity includes without limitation, liability relating to intellectual property rights, defamation and breaches of privacy and liability related to damages made on the website.

Intellectual property law

The User acknowledges that all the content provided on The Website is protected by copyright law and other intellectual property laws.
All the content provided on The Website (i.e. software, images, media content, logos etc.) are property of The Company and it is strictly forbidden for unauthorised duplicate, copy, distribution etc. Unauthorised usage of any of the abovementioned can result with criminal or civil penalty.

Liability

In accordance to the applicable laws, The Company and its owners and employees exclude liability for authenticity, completeness, functionality or availability of the content and information available on The Website.
By using This Website, Users agree that they will use The Website at their own risk and The Company is not liable for any caused damage, loss of funds or expenses that may occur while using The Website.
The Company excludes any and all warranty and/or guarantee obligation to the maximum extent allowed by the governing law. The Company will not guarantee the undisturbed and error-free and virus-free operation of The Website.
The Company will not make warranty for any interrupted service that results with quality error or interruption of the Users’ Internet connection, or any material or non-material damage or loss suffered in connection therewith.
The Company excludes any liability for any loss, debt, obligation or any other type of circumstance, based on or resulting from any information or opinion appearing on the website.

The User agrees that by using The Website, the system sends cookies to the Users’ computer. Cookies may collect and store personal data and information of the User. For more information, please click here for The Company’s Privacy Policy.

Linking to third party content

The Company will not be liable for external sites, operated by third parties that are referred by a link on The Website.
The Company is not responsible for external websites and any content provided by third party for any breach of intellectual property rights resulted as providing links on the website.
Third party websites may collect personal data and information of the User and as a result to that collection, The Company is not liable for any breaches of personal data and information. The Company collects and uses Users’ data and information in accordance to the Privacy Act 1988 and applicable rules and regulations. Users can not use any part of the provided content or any other material on The Website or include it in any other website without the prior written consent of The Company.

Financial Services License

The Company does not have a license to offer financial advices. This Website does not intent to provide financial advices or advices in regards to taxation and other legal services. For the aforementioned advices, Users may consult appropriate financial, legal or tax advisors. On This Website we provide only service for trading and in any case we do not provide advices for trading.

Fees and Commissions

By accepting these Terms of Service, Users acknowledge that We charge fees and commissions for trading and/or other actions performed on the account (such as deposits and withdrawals). The fees and commissions that are applicable are published on The Website and We reserve the right to change the fees and commissions at any time. We will inform Users for such changes and adjustments in respectable time before the changed fees and commissions become applicable.

BPAY Payment Terms

By using BPAY for payments on our platform, you agree to the BPAY Payer Terms. These terms detail your rights and responsibilities when using BPAY. For full details, click here. Continued use of BPAY on our platform constitutes acceptance of these terms.

For any personal data and information collected on The Website and used by The Company, The Company’s Privacy Policy is applicable. For any other matters that are not regulated by this Terms of Service and Privacy Policy, applicable laws shall prevail.

Verbal Abuse

We maintain a strict 'zero tolerance to verbal abuse' policy. Any verbal abuse is grounds for immediate and permanent suspension of your Account and cessation of all communication.

Updates of Terms of Service

This Terms of Services can be updated at any time in accordance to the needs of The Company. Users might be appropriately informed for such changes, updates or modifications of this Terms of Service and in any case, Users should consider periodically check this Terms of Service for such updates.