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Terms and conditions

The website www.pcrypto.com (Website) and the Trading App (collectively referred to as the Platform) are operated and controlled by Pepperstone Operations Pty Ltd for the benefit of, among others, Pepperstone Group Limited (Pepperstone Group).

The DCE Services available to you via the Platform are provided by Pepperstone Digital Pty Ltd (ACN 683 263 836) trading as Pepperstone Crypto (Pepperstone Digital, Pepperstone Crypto, we, our or us), and are separate to the CFD trading services offered by Pepperstone Group.

The DCE Services are not provided by Pepperstone Group and are not provided in connection with an Australian financial services licence.

We provide the DCE Services to customers (Customer, you or your), subject to these terms and conditions (Terms).

 

1. DEFINITIONS  

Account means the Digital Asset trading account that you hold with Pepperstone Crypto which allows you to Trade Digital Assets on the Platform, and includes your Pepperstone Wallet. 

ADI means Australian authorised deposit-taking institution. 

Agreement comprises of these Terms and the terms specified in an Instruction. 

Application Form means the online form that you complete to open an Account with us. 

Authorised Payment Methods means payment methods available for Trading via the Platform from time to time.
 
Business Day means a day on which banks are open for general banking business (a day other than a Saturday, Sunday or public holiday) in the State of Victoria, Australia. 

DCE Services means the digital currency exchange services provided by Pepperstone Digital via the Platform from time to time, including those set out in clause 3 of these Terms. 

Digital Asset means a blockchain-based asset or right, or other similar digital representation of values, rights or assets, which are made available to Trade on the Platform. 

Fee Schedule means the page on our website www.pcrypto.com which sets out 
the various fees payable.  

Fiat means Australian Dollars, or any other government issued currency that we support on 
our Platform from time to time.

Force Majeure Event means fire, flood, epidemic or pandemic, elements of nature or other acts of God; any outbreak or escalation of hostilities, war, riots or civil disorders in any country; any act or omission of any government authority; any labour disputes (whether or not employees’ demands are reasonable or within the party’s power to satisfy); failures or fluctuations in telecommunications, software or hardware or other equipment; blockchain congestion; Digital Assets or the trading thereof being illegal in a jurisdiction that applies to you or to us; or the non-performance by a third party for any similar cause beyond the reasonable control of such party.

Instruction means any instruction given by you to Pepperstone Crypto via the Platform, including to deposit or withdraw Fiat and/or Digital Assets into/from your Account and to Trade.

Law means all relevant laws, including all statutory, regulatory and common laws.

Linked Wallet means your account or digital wallet which is designated as the account to which Digital Assets will be delivered in accordance with your Instructions.

OTC means Over-the-Counter transactions, which are not conducted on an exchange and where only you and Pepperstone Crypto are the parties to such transactions. 

Pepperstone Wallet means the hosted wallet service provided by us or, as applicable, through a third-party service provider engaged by us, which allows you to Trade Digital Assets via the Platform.

Platform means the Website and Trading App.

Privacy Policy means Pepperstone Crypto’s Privacy Policy which is available on the Website.

Purchase Price means the price in the Fiat specified in the Instruction, plus all applicable fees and charges that any third-party payment service provider charges Pepperstone Crypto in relation to the transfer, and all taxes.

Terms means this document and includes any schedules or annexures incorporated by reference, including for example the Fee Schedule.

Trade/Trading means an exchange of Fiat for a Digital Asset, an exchange of a Digital Asset for Fiat, or an exchange of one Digital Asset for another Digital Asset(s), in each case between you and us.

Trading App means the Pepperstone Crypto mobile application through which you can access the DCE Services.

Transfer Fees means all fees or charges imposed by any third party (eg, payment service providers or financial institutions) in connection with any transfer or payment, including without limitation when you deposit or withdraw (whether Fiat or Digital Assets) into/from your Account.

 

2. ACCEPTANCE OF TERMS

2.1 By applying for an Account, and each time you use the Platform and/or DCE Services (including when submitting an Instruction), you agree that:

  • you have read and understood these Terms;
  • you agree to these Terms, as amended by us from time to time; and
  • the Agreement is binding on you.

2.2 If you do not agree to these Terms, you must not Trade with us or otherwise use the Platform.

 

3. PEPPERSTONE DIGITAL’S DCE SERVICES

3.1 We provide DCE Services via the Platform, which involves (but is not limited to) the following services:

  • providing you with an Account; and
  • enabling you to Trade Digital Assets (also known as crypto tokens, cryptocurrencies or crypto assets) for Fiat and/or other Digital Assets with us via the Platform,

(together, the DCE Services).

3.2 The DCE Services can be accessed directly using the Platform.

3.3 You are entirely responsible for assessing whether the DCE Services are suitable for you before you Trade.

 

4. CUSTOMER ELIGIBILITY

4.1 You must have an active Account to Trade with us.

4.2 To be eligible for an Account, you must:

  • If you are an individual (ie, a natural person):
    • be at least 18 years of age; and
    • be an Australian resident;
  • If you are not an individual (ie, you are a legal entity):
    • be a body corporate, partnership, trust, or self-managed superannuation fund that is duly incorporated, established or constituted and validly existing under the laws of the relevant jurisdiction, and have full power and authority to enter into these Terms; and
    • be a body corporate, partnership, trust, or self-managed superannuation fund that is duly incorporated, established or constituted and validly existing under the laws of the relevant jurisdiction, and have full power and authority to enter into these Terms; and
  • hold a verified bank account with an ADI in the same name that you use for your Account; 
  • pass our internal identification and verification checks (KYC);
  • complete an Application Form; and
  • agree to comply with these Terms.

 

5. ACCOUNTS AND ACCESS

Registering for an Account

5.1 To apply for, open and activate an Account:

  • you need to complete and provide us with an Application Form and provide the requested information, including but not limited to your name, e-mail address and responses to our mandatory account-opening questions;
  • you will need to accept these Terms; and
  • acknowledge that you have been provided with our Privacy Policy,

(collectively Your Application).

5.2 If we are satisfied with Your Application we will open an Account for you.

5.3 We may, in our sole discretion, refuse to open an Account or continue to maintain an Account for you. We may do this even if you meet the eligibility requirements and follow the application process. We retain the right to ask for further information about you at any time or to set further requirements that may be reasonably necessary to protect our interests or otherwise comply with the Law.

Verifying your identity

5.4 You agree to provide us with the information we request to assist us to verify your identity and detect any money laundering, terrorist financing, fraud or other financial crime, and permit us to keep a record of such information and share it with third parties for the purpose of verifying your identity or for other purposes set out in our Privacy Policy.

5.5 You agree that you may need to complete verification procedures before you can Trade or use the DCE Services, and your access to one or more of the DCE Services may be suspended or terminated without notice to you as a result of information we collect on an ongoing basis. In providing us with information we may require, you confirm that the information is complete and accurate. You agree to tell us immediately if any of the information you provide changes. You authorise us to make inquiries, both directly and through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take any action we deem necessary based on the results of such inquiries. You also acknowledge that we may require you to wait for an amount of time after completion of a Trade, before permitting you to use or access the Platform and/or before permitting you to engage in Trades beyond certain volume limits.

Access

5.6 The DCE Services can be accessed directly via the Platform.

Account Security

5.7 You are responsible for protecting and maintaining the security of your Account, including your Account login and password, any Linked Wallet that you direct us to transfer your Digital Assets to, your computer (or other computer that you use to access our DCE Services), your bank account details and your personal data against any theft, fraud or illegal activity. You can personalise your Account security settings once your Account has been activated, including activating SMS multi-factor authentication.

5.8 You must not permit another person to place any Instructions or Trade via your Account (as your agent or otherwise) without our prior written approval and without first completing any documents and due diligence process that we require from you and your proposed agent regarding these arrangements.

5.9 You acknowledge that you are responsible for keeping your Account and any Linked Wallet secure, and not to permit access by any other person. You will be responsible for any activities carried out by another person on your Account as if it were you who carried out such activities.

 

6. DEPOSITING FIAT INTO YOUR ACCOUNT

Depositing Fiat and how we handle your money

6.1 You may deposit Fiat into your Account by using an Authorised Payment Method. You authorise us to hold your Fiat, and to transfer your Fiat to Pepperstone Crypto in accordance with an Instruction, for the provision of the DCE Services.

6.2 Deposits made via an Authorised Payment Method facilitated by a third party will be subject to the terms and conditions of that third party, including any fees charged. Deposits and withdrawals made by way of electronic funds transfer or other bank transfer are subject to your bank’s transfer terms and conditions. You acknowledge that we are also bound by the terms and conditions that apply to Pepperstone Crypto’s bank account and third-party payment service providers.

6.3 Once the deposited Fiat is received by Pepperstone Crypto, the deposited amount, less any fees, will be shown in your Account. We hold the Fiat in one or more pooled accounts with a financial institution or institutions. This pooling does not give you any financial or other advantage or benefit. Each pooled account is held in Pepperstone Crypto’s name and under Pepperstone Crypto’s control, and is segregated and legally distinct from Pepperstone Crypto’s business and operating accounts, established for the benefit of Pepperstone Crypto customers, and represents a banking and not a custodial relationship with the bank at which such pooled account is held.

6.4 Fiat amounts that you deposit in accordance with these Terms are recorded and maintained on our internal ledger and reflected in your Account, and are not treated as general assets of Pepperstone Crypto. For the avoidance of doubt, any interest or other earnings generated by Pepperstone Crypto on the Fiat amounts that you have deposited with Pepperstone Crypto will be retained by Pepperstone Crypto and will not be allocated to your Account.

Withdrawing Fiat

6.5 For withdrawals, we will immediately debit your Account when you authorise a withdrawal. Transfer Fees are netted out of transfers to or from Pepperstone Crypto. We will not process a transfer if associated Transfer Fees exceed the value of the transfer.

6.6 Where applicable, you authorise Pepperstone Crypto to initiate debits via your selected Authorised Payment Method(s) in settlement of deposit requests and to debit your Account and initiate payments via your selected Authorised Payment Method(s) in settlement of withdrawal requests.

6.7 We will not make, and you will not request that we make, any payment from your Account to a third party. Withdrawals of Fiat from your Account will only be facilitated where the payment is made to Pepperstone Crypto in relation to a Trade, or to a bank account held in your name.

Timing of Fiat transactions

6.8 Transfer and clearance times for Fiat deposits and withdrawals are out of our control. You acknowledge that, although we will attempt to transfer Fiat to you as promptly as possible, funds may be removed from your Account before the corresponding amounts are received by your selected Authorised Payment Method (in the case of withdrawals).

 

7. DEPOSITING AND WITHDRAWING DIGITAL ASSETS

7.1 You can deposit Digital Assets into your Account, which will be held in your Pepperstone Wallet, by following the prompts on the Platform.

7.2 In the case of deposits of Digital Assets to your Account, your deposit may take up to one Business Day to process (depending on traffic, network disruptions, size of the transaction, the particular Digital Assets protocol, downtime and other factors).

7.3 In the case of withdrawals of Digital Assets from your Account, the Platform may take up to one Business Day to process the withdrawal (depending on traffic, network disruptions, downtime and other factors).

7.4 Pepperstone Crypto makes no guarantee regarding the timing for completing any deposit or withdrawal of Digital Assets, which may depend on matters that are outside of our control.

7.5 With respect to any Digital Assets you sell, transfer or deliver to Pepperstone Crypto using the DCE Services, other than the Digital Assets purchased via the Platform, you represent that you are the owner of such Digital Assets and you have the absolute right to sell, assign, convey, transfer and deliver such Digital Assets to Pepperstone Crypto.

 

8. TRADING DIGITAL ASSETS

8.1 Pepperstone Crypto provides an OTC-based trading system for Trades involving the exchange of:

  • Fiat for Digital Assets;
  • Digital Assets for Fiat; and
  • Digital Assets for Digital Assets.

8.2 For each and every Trade referred to in paragraph 8.1, Pepperstone Crypto will be the counterparty to your trade, acting in its capacity as principal. You have no legal right to trade with any other party by using the Platform.

8.3 Pepperstone Crypto may access additional liquidity in respect of any Trade it undertakes with you, including through a related body corporate and accounts maintained by that related body corporate with one or more third-party exchanges or similar services (Third Party Exchanges). Where Pepperstone Crypto accesses additional liquidity, Pepperstone Crypto may choose not to disclose that fact unless it is required to do so by law.

Placing Instructions

8.4 To Trade Digital Assets, you must submit an Instruction to Trade via the Platform. By submitting an Instruction, you agree to the Trade. We will process an Instruction in accordance with the information that you provide. You should verify all Trade information prior to submitting an Instruction to us. Each Instruction that you give will be under an irrevocable authority, and you are solely responsible for any Instruction issued through your Account.

8.5 You place each Instruction and enter into any resulting Trade with Pepperstone Crypto as a principal acting in your own capacity, and not on behalf of any other person.

8.6 Instructions may be fulfilled in whole or in part and may be fulfilled at different prices and times. Your Instruction is treated equally with all other customer instructions and will be executed according to the order in which Instructions are received. Instructions may not be filled, including for reasons beyond Pepperstone Crypto’s control (eg. Market volatility, high volume trades, fast movement and/or liquidity in the market, technology disruptions or delays). Pepperstone Crypto does not guarantee that each Instruction will be accepted and fulfilled and is not responsible for any unfulfilled Instruction (including any resulting losses).

8.7 Any Instruction that is not accepted in whole or in part by Pepperstone Crypto will remain open to be accepted by Pepperstone Crypto until it is cancelled. We may impose a limited timeframe during which Instructions remain open to be accepted by Pepperstone Crypto (after which time any such Instruction will expire), and may place other restrictions and time limits on trading activities from time to time and otherwise establish or modify trading policies and procedures from time to time, by posting notices and updates to such effect on the Website in accordance with these Terms.

8.8 You acknowledge and agree that your Instructions and completed Trades are final and will be treated as authorised by you and correct. It is your sole responsibility to review your transaction history via your Account on a regular basis and monitor the movement of your Digital Assets including any pending, lapsed or cancelled Instructions or Trades.

8.9 You must have adequate Fiat and/or Digital Assets in your Account when you place an Instruction. When you place an Instruction, the full amount of Fiat and/or Digital Assets required (including any applicable fees) will be placed on hold in your Account until your Instruction is accepted by Pepperstone Crypto, expires or is otherwise cancelled in accordance with these Terms.

8.10 In relation to each Trade, you will bear the cost of and must pay:

  • all the Fees payable to us in respect of the DCE Services as set out in the Fee Schedule;
  • any applicable Transfer Fees at the same time that you pay the Purchase Price; and
  • any applicable taxes, costs and charges associated with the acquisition or sale of Digital Assets.

8.11 Each Instruction forms an agreement between you and us, with both Pepperstone Crypto and you acting in their respective capacities as principals to the Trade, which is subject to these Terms.

8.12 After a Trade has been completed, the applicable deposit and/or withdrawal will be recorded on Pepperstone Crypto’s internal ledger and the balance of your Account will be adjusted automatically to reflect the Trade (including to account for deductions of the fees applicable for completing the Instruction).

8.13 Your transaction history and the balances in your Account are available through the Platform.

Ownership and use of Digital Assets

8.14 You acknowledge that the Digital Assets held in your Pepperstone Wallet are not legally held by you. When you purchase Digital Assets, we allocate the relevant amount of Digital Assets to your Pepperstone Wallet by updating our internal ledger. Although you have a beneficial interest in the amount of Digital Assets displayed in your Pepperstone Wallet, you do not have legal title in those Digital Assets.

8.15 You authorise us to use the Digital Assets in which you have an interest in our sole discretion at all times for our own purpose and acknowledge that our use of the Digital Assets is for our benefit only.

8.16 Pepperstone Crypto may, without further notice to you, hold Digital Assets in such wallets and/or with such other facilities or third parties as it considers appropriate.

Deduction of fees

8.17 Fees and charges will be deducted during a Trade. The Digital Assets and/or Fiat you receive following a Trade will be the Trade value, less fees.

 

9. AUTHORISATIONS TO COMPLETE INSTRUCTIONS AND TRADE

 Appointment and authorisation

9.1 You appoint and authorise us to act under your Instructions to Trade on your behalf, which may include dealing with your Digital Assets in accordance with the Instruction. You authorise us to take steps that are reasonably necessary to comply with any Instruction for the provision of the DCE Services.

 Transferring Digital Assets

9.2 You authorise us to transfer Digital Assets in which you have an interest for the purpose of completing an Instruction, or otherwise providing the DCE Services to you. We may nominate a third party on your behalf to receive and hold title in your Digital Assets.

Holding and dealing with your Digital Assets

9.3 If Digital Assets are held in the Pepperstone Wallet, we, or a third party, will hold the legal title to the Digital Assets. You will retain either a beneficial interest in the Digital Assets, or a contractual interest for the amount of Digital Assets in which you originally had a beneficial interest, at all times. You will not have direct control of the Digital Assets held in the Pepperstone Wallet, or any related private key(s).

Responsibility for Instructions

9.4 You are responsible for all Instructions placed via the Platform, and for the accuracy of all information sent via the Platform using your name, password or any other means of personal identification implemented to identify you.

9.5 You are liable for Trades executed via your Account, even if you have not allowed your password to be used or your Account is accessed by anyone without your authorisation.

9.6 You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.

 

10. REFUSING, REVERSING OR CANCELLING TRANSACTIONS

10.1 We reserve the right to refuse any Instruction for any reason and at any stage of the transaction process, if reasonably necessary to protect our legitimate business interests, including but not limited to complying with our legal obligations or otherwise managing legal risk.

10.2 You agree and understand that you cannot cancel, reverse, or change any Instruction that is shown as pending or complete in your Account. We reserve the right to take any action, including to refuse to process, or to freeze, cancel or reverse, any Instruction in our sole discretion, even after funds or Digital Assets have been debited from or credited to your Account for the following reasons:

  • if we suspect the transaction involves (or has a high risk of involvement in) suspicious or illegal trading activity;
  • if we suspect the transaction is in violation of these Terms, including by breaching any subclause under the heading “General Terms Regarding Your Account”;
  • if we have reason to believe there was an obvious error in any term, including but not limited to the price, amount or any other information about the Trade;
  • if there was disruption or malfunction in the operation of any trading system; or
  • if there were extraordinary market conditions or other circumstances in which the nullification or modification of transactions may be necessary.

10.3 If you have initiated payment via an Authorised Payment Method before we refuse an Instruction, provided the Instruction has not been successfully completed and provided none of the circumstances in paragraph 10.4 have occurred, we will refund the payment less any fees in full. You agree that we will not be liable for any loss arising from or in connection with any cancelled Instructions.

10.4 If we cancel an Instruction:

  • we are under no obligation to allow you to reinstate that Instruction at the same price or on the same terms as the cancelled Instruction;
  • unless we are prohibited by Law from doing so, we will return any payments (whether Fiat or Digital Assets) received and held by us in connection with the cancelled Instruction (less any fees) to you; and
  • we have no obligation to provide you with any reason for our cancellation of the Instruction.

 

11. THE PLATFORM

11.1 The Platform is online facility through which trades are executed on your Instructions as well as view, download and print any reports that we provide about your Account. 

11.2 We take reasonable steps to ensure the reliability and integrity of the Platform but do not make any representations, guarantees or warranties that:

  • there will be operational stability, availability or continuation of the DCE Services provided on the Platform;
  • the Platform will be uninterrupted, secure, reliable, timely, error-free or free from any virus, malware or any other digital attack;
  • the Platform will be safe from unauthorised access, fraud or any other illegal or suspicious activity;
  • no third-party rights will be infringed as a result of your use of the Platform; or
  • there will be any continuation of the agreement formed under these Terms.

11.3 You acknowledge that your use of the Platform is at your own discretion and in compliance with the Law.

11.4 It is your responsibility to understand and assess the Platform before trading with us.

11.5 The Platform is provided to you on an “as is” basis, without any express or implied warranty or guarantee from us and we do not promise that it is fit for any particular purpose.

11.6 You agree that with respect to any market data or other information that we or our third-party providers provide to you in connection with your use of the Platform:

  • We and our third-party providers exclude any express or implied warranty or guarantee and we are not responsible or liable if any data or information is inaccurate or incomplete in any respect;
  • we and our third-party providers are not responsible or liable for any actions that you take or do not take based on the data or information;
  • you will use the data or information solely for the purposes set out in the Agreement; and
  • the data or information is proprietary to us or our third-party providers (as relevant) and you will not redistribute, publish, disclose or display in any data or information to third parties, in whole or in part, except as required by any Law or as agreed by us.

11.7 We are not liable to you for any loss, expense, cost or liability that you suffer or incur because of any failure of the Platform, the Platform being unavailable (including planned maintenance), data or service interruptions, transmission failure or delays or similar technical errors arising out of or in connection with the use, operation, performance and/or error or malfunction of the Platform, other than as a result of our fraud, wilful default or gross negligence.

11.8 Our Platform may be available in several versions, which can vary regarding certain features, including but not limited to the level of security applied and products and services available. We’re not liable to you for any loss, expense, cost or liability that you suffer or incur because you have used a different version of the Platform than our current standard version (with all available updates installed).

 

12. RESPONSIBILITY FOR ANY LINKED WALLET AND YOUR DIGITAL ASSETS

12.1 You are wholly and solely responsible for any Digital Assets in your Linked Wallet, and any dealings or disposals of such Digital Assets resulting from a Trade.

12.2 You must ensure that:

  • the Linked Wallet details you provide to us are accurate and complete;
  • you solely control and keep secure your Linked Wallet, including (without limitation) not sharing with any person any password, login details, recovery phrase, public or private key in connection with your Digital Asset; and
  • you do not let any third party control or have access to your Linked Wallet.

12.3 You must not make any claim, allegation or raise any dispute with or in relation to us, including but not limited to via any appeal or dispute procedure available with your bank or Linked Wallet provider, or seek to claim any charge-back, reversal or refund for the Purchase Price for any reason or for any losses you incur which relate to:

  • how you have dealt with or disposed of any Digital Assets in your Linked Wallet;
  • any failure by you to keep your Linked Wallet secure and in your sole control;
  • the delivery of Digital Assets to a Linked Wallet to which you have directed delivery; or
  • unauthorised access by a third party to your Linked Wallet or Digital Assets that are you in your possession, custody or control.

 

13. TRANSACTION LIMITS AND ENHANCED DUE DILIGENCE

 Transaction Limits

13.1 The use of the DCE Services is subject to a limit on the amount or volume you may transact or transfer in a given period (for example, daily). We may also restrict your use of an Authorised Payment Method. To view the limits, login to your Account and visit the Platform. Your transaction limits will vary depending on your chosen Authorised Payment Method, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary.

13.2 We may impose such limits without notice to you if we are required to comply with our legal obligations, or if they are otherwise required to protect our legitimate business interests.

 Enhanced Due Diligence

13.3 We may require you to provide additional information about yourself, including providing records to us (Enhanced Due Diligence). In our discretion, we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.

 

14. FEES AND PAYMENTS

 Our Fees

14.1 Fees payable in respect of the DCE Services are as set out in the Fee Schedule and may vary, including depending on the Authorised Payment Method you select, and will be displayed to you when you submit an Instruction.

14.2 You acknowledge that Fees may vary from time to time in accordance with these Terms.

Payment methods

14.3 We reserve the right to remove or restrict the Authorised Payment Methods that you use to deposit and withdraw Fiat from your Account.

14.4 We will only approve withdrawals of Fiat out of, and/or accept deposits of Fiat into, your Account if we are satisfied that you are the sender of the Fiat. You must not use third parties to fund your Account. If we reasonably believe that the money has come from someone other than you (i.e. from a funding method in someone else’s name), we reserve the right to decline your deposit and return the Fiat to the original payment method, net of any Transfer Fees and charges that we have incurred.

Currency of payments

14.5 All payments under the Agreement must be made in Australian dollars or any other currency that we may agree to.

 

15. GENERAL TERMS REGARDING YOUR ACCOUNT

 Use of the Account and the Platform

15.1 You will not, and you will not permit any other person to:

  • use or access your Account or the Platform in a way that infringes the intellectual property rights or other rights of any person;
  • use any anonymous network or protocol to access your Account, Platform or the DCE Services, or otherwise access your Account by any means other than the interfaces we provide for doing so;
  • use any method or process to consolidate or combine your Account or the Platform with any other content, data, information, images or material;
  • decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or otherwise attempt to construct or identify the source code, formulas or processes used by the Platform;
  • do anything which will or may damage, disrupt access to or interfere for any period of time with the proper operation of your Account or the Platform;
  • knowingly introduce viruses, Trojans, worms, bots, logic bombs or other malicious software;
  • do anything which will or may place an unreasonable load on the infrastructure of the Platform;
  • post, distribute or send any ‘spamming’ material or any other form of bulk communication on or using your Account or the Platform;
  • use your Account or the Platform to transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of your Account or the Platform;
  • impersonate any person or entity;
  • use your Account or the Platform for any unlawful purpose, including (without limitation) any act or omission carried out for the purpose of money laundering or terrorism financing;
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction or data harvesting) on, or in relation to, the Platform; or
  • otherwise use your Account or the Platform for any purpose that may harm our reputation.

15.2 You are responsible for monitoring your Account and the movements of any Fiat and/or Digital Assets within your Account to take appropriate actions in relation to deposits, withdrawals or other transactions that are incomplete, pending, have been cancelled or have lapsed, or have otherwise failed.

15.3 If you become aware, or in our reasonable opinion should be aware, of any request or demand made of you to engage in any conduct by which you or a third party gains unfair financial or other advantage, including but not limited to dishonest or corrupt conduct, or any conduct in breach of any anti-corruption law applicable to the Platform or the DCE Services, you must promptly report it to us via email at support@pcrypto.com. 

Account Closure

15.4 You may voluntarily close your Account at any time. Closing your Account will not affect any rights and obligations incurred prior to the date of closure. You may be required to either cancel or complete all open Instructions and, in accordance with the provisions of these Terms, provide Instructions of where to transfer any Fiat and/or Digital Assets then remaining in your Account.

15.5 You are responsible for any Fees, costs, expenses, charges, or obligations associated with closing your Account. In the event that the costs of closing your Account exceed the value in your Account, you will be responsible for reimbursing us. Closing your Account will not permanently delete your personal data, which may be required to be retained to comply with the Law.

15.6 Prior to closing your Account, it is your responsibility to ensure that any of your remaining Fiat and/or Digital Assets held in your Account are transferred out of the Platform. Any charges/liabilities owed to Pepperstone Crypto will be payable by you immediately.

Account suspension or termination

15.7 We may:

  • cancel any and all open Instructions in your Account; and
  • terminate the Agreement, including these Terms and your rights associated with the use of our Platform, either:
    • at any time by giving you 7 days’ notice; or
    • immediately and without notice to you in accordance with paragraph 15.9.

15.8 We may suspend or terminate your Account or your access to the Platform at any time without notice if we reasonably believe that:

  • you have used or are using the Platform in such a manner that violates any part of these Terms and/or our internal policies and procedures, including those relevant to anti-money laundering and counter-terrorism financing laws;
  • you have used or are using your Account or the Platform to conduct or engage in illegal activities;
  • you have performed a fraudulent action when using the Platform, including but not limited to using someone else’s personal or sensitive information for KYC purposes, using a bank account that does not belong to you, making a fraudulent payment or failing to make a payment;
  • your Account or use of the Platform is subject to a pending investigation, either by us or by relevant law enforcement; or
  • we are instructed by law enforcement or regulatory bodies to cease the provision of the DCE Services to you, or there is a change in Law that requires Pepperstone Crypto to do so to protect itself and its officers and directors.

15.9 Suspension or termination of your Account does not affect the payment of Fees or other amounts you owe to Pepperstone Crypto. In the event that your Account is suspended, we will immediately cancel all open Instructions in your Account and bar the placing of further Instructions until resolution or Account termination.

 

16. THIRD PARTIES

16.1 You acknowledge and agree that we may use third parties to provide the DCE Services and that we are in no way liable for any failure of such third party.

16.2 Links to third-party materials (including, without limitation, websites) may be provided as a convenience but that material is not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the Platform. We provide these links for your information only, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

17. RISKS INVOLVED WITH THE DCE SERVICES

17.1 Volatility: You acknowledge and agree that Digital Assets are not recognised legal tender in Australia and most other countries, and that Digital Assets not regulated by any central institution and may be subject to extreme price volatility.

17.2 Protocols: The operation of the underlying protocols which govern the operation of Digital Assets (Underlying Protocols) are open source and may be used, copied, modified or distributed by third parties, and we are not responsible for and cannot guarantee the operation or functionality of the Underlying Protocols.

17.3 Counterparty: When you purchase Digital Assets via the Platform and such Digital Assets are delivered into your Account, you only hold either the beneficial interest or a contractual interest in that amount of Digital Assets. Pepperstone Crypto, or a third party, will hold and secure the Digital Assets. If Pepperstone Crypto, or the third party becomes insolvent, or is subject to hacking or some other cyber security event, your Digital Assets may be jeopardised and you may incur partial or total loss of your Digital Assets.

17.4 Insolvency: You do not maintain a legal interest in the Digital Assets in your Pepperstone Wallet, and we do not hold Fiat in a trust account. Pepperstone Crypto’s ability to meet its contractual obligations in these Terms (on time or at all) may be impacted by any losses or delays sustained in connection with its holding or use of Digital Assets that it legally or beneficially holds, amongst other factors. This may result in losses or delays to you. In the worst case, a total loss of Digital Assets allocated to your Account may occur. If Pepperstone Crypto becomes insolvent, you will be an unsecured creditor in relation to the Fiat and Digital Assets held in your Account.

17.5 Tax: Buying and selling Digital Assets for profit raises complex taxation issues. You are responsible for any tax liability arising from your Instructions, Trades and holding of Digital Assets, and will indemnify Pepperstone Crypto if we are required to pay tax on your behalf in respect of your Account or any Digital Assets that you hold or have held, purchased or sold via the Platform.

17.6 Law: Digital Assets, and businesses that provide services relating to Digital Assets, are subject to laws and regulations that continue to change and which are uncertain in a number of jurisdictions. A change in Law may result in a change to the value, usability and/or tradability of your Digital Assets.

 

18. USER ACKNOWLEDGEMENTS

18.1 You agree and acknowledge that:

  • the DCE Services are not offered to you under an Australian Financial Services Licence;
  • you will use the Platform only for yourself as Account owner, and not on behalf of any third party and accept full responsibility for the use of your Account;
  • you are liable for any and all Instructions submitted from your Account and the resulting Trades, whether or not they are authorised by you, and we may act on any such Instructions which are entered from your Account, including identifiers, permissions, passwords, and security codes associated with your Account;
  • you should carefully consider your personal circumstances and the level of financial risk you are comfortable with before buying and selling Digital Assets;
  • you will control your Trading activity, including Trading strategy and decisions;
  • when you buy Digital Assets through Pepperstone Crypto, you will not hold the legal title to the Digital Assets and therefore your rights to the Digital Assets are restricted; and
  • you have had the opportunity to obtain independent legal, financial and taxation advice about the risks associated with buying Digital Assets.

 

19. REPRESENTATIONS AND WARRANTIES:

19.1 You warrant and represent to us that:

  • you have the power to enter into the Agreement, and you agree and acknowledge that these Terms and Agreement constitutes valid and binding obligations on you;
  • you have not relied on any statements or representations made by us or on our behalf, except for those which are set out in these Terms;
  • all bank accounts and any Linked Wallet linked to your Pepperstone Wallet are held by and fully controlled by you;
  • you have received all information that you consider necessary or appropriate in deciding whether to acquire the Digital Assets the subject of your Instruction;
  • the information you give us is complete, accurate and not misleading;
  • you are not acting as trustee of a trust, or in the capacity as agent of another person;
  • you have had the opportunity to ask questions and receive answers from us regarding the Agreement and to obtain any additional information you require to verify the accuracy of any information we provide to you;
  • you are aware and accept that we do not provide, and have not provided you with, any financial or investment advice of any kind;
  • you understand that investing in Digital Assets is speculative and volatile in nature, and that the value of any Digital Assets you may acquire via the Platform may reduce in value;
  • you comply with all the Law that apply to you including, without limitation, all tax laws and regulations, exchange control and registration requirements;
  • you are not aware, and have no reason to suspect, that the money you use to fund your Account has been or will be derived from or related to any money laundering, terrorism financing or other illegal activities, whether prohibited under Australian law or international law or convention or by agreement;
  • the proceeds of your Trades will not be used to finance any illegal activities; and
  • you understand that investing in Digital Assets involves a high degree of risk and that you are prepared and able to suffer a complete loss of your investment.

19.2 The above representations and warranties will be taken as repeated each time that you use the Platform, including each time you place an Instruction.

19.3 You acknowledge that we have agreed to provide the DCE Services to you in reliance on the representations and warranties in this clause.

 

20. LIABILITY

Indemnification

20.1 You agree to indemnify us, our affiliates and service providers, and each of our or their respective officers, directors, agents, employees and representatives, in respect of any costs (including legal fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to:

  • your breach of these Terms;
  • our enforcement of these Terms against you;
  • your violation of any law, rule or regulation, or the rights of any third party;
  • any incorrect, false or misleading information you supply to us or a service provider in connection with your Account or the DCE Services; and/or
  • any fraudulent or negligent act(s) or omission(s) by you.

Limitations of Liability

20.2 You agree that we will only be liable to you for loss or damage that is reasonably foreseeable and caused directly by our breach of these Terms or other legal wrong, and that any liability (however arising) we may have to you is limited in accordance with this clause.

Liability cap

20.3 Except as otherwise provided for in these Terms, the liability of Pepperstone Crypto, our affiliates or service providers, and any of our or their respective officers, directors, agents, employees or representatives, is limited to the amount of the Trade(s) in dispute.

Limitation of loss

20.4 In addition to the other limitations of liability in these Terms, in no event will we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with these Terms or otherwise:

  • any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and/or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same;
  • any loss, liability, damages, claims or expenses in connection with or arising from your use or intended use of any Digital Assets you purchase via the Platform, including any decision by you to transfer such Digital Assets to any third party for any reason;
  • any loss of data, loss of goodwill, loss of business or for any indirect, consequential or special loss or damage, cost or expense suffered, whether or not that loss was or ought to have been contemplated;
  • any loss of use of hardware, software or data and/or any corruption of data, including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data, any error or delay in the transmission of such data, and/or any interruption in any such data
  • any loss or damage whatsoever which does not stem directly from our breach of these Terms;
  • any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of these Terms (whether or not you are able to prove such loss or damage); or
  • any Force Majeure Event.

Non-excludable liability

20.5 The limitation of liability in these Terms is subject to any obligations that we have under applicable law and regulation which by Law we cannot exclude, including our obligation to exercise reasonable care and skill in our provision of the DCE Services.

20.6 In particular, notwithstanding anything to the contrary in these Terms, nothing in the Terms limits, excludes or modifies any guarantees that cannot be excluded under the Schedule 2 of the Competition and Consumer Act 2010 (Cth).

No warranties or representations

20.7 The DCE Services are provided on an "as is" and "as available" basis without any representation or warranty, whether express or implied, to the maximum extent permitted by the Law.

20.8 We do not make any representations or warranties that access to the Platform, any of the DCE Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free. We make no representations about the accuracy or completeness of historical Digital Assets price data available on the Platform.

No Liability for unforeseeable circumstances or regulation

20.9 We are not liable for any breach of these Terms where the breach is due to a Force Majeure Event.

20.10 We are not liable for you being prohibited from holding or dealing with Digital Assets by any Law or government authority, or a change in Law or regulation which alters our ability to comply with these Terms.

 

21. CUSTOMER FEEDBACK, QUERIES, COMPLAINTS AND DISPUTE RESOLUTION

Contact Pepperstone Crypto

21.1 If you have any feedback, questions, or complaints, contact us via www.pcrypto.com. When you contact us, please provide us with your name, address, and any other information we may need to identify you, your Account, and the Instruction or Trade in relation to which you have feedback, questions or complaints.

Complaints

21.2 In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant and send it to us via the Platform.

21.3 We will acknowledge receipt of your complaint if you contact us via the Platform, and will consider your complaint based on the information provided.

21.4 After considering the complaint we may, in our sole discretion:

  • offer to resolve your complaint in the way you requested;
  • make a determination rejecting your complaint and set out the reasons for the rejection; or
  • offer to resolve your complaint with an alternative solution.

21.5 We are also a member of the Australian Financial Complaints Authority (AFCA). If you are not satisfied with our response, you may contact AFCA in any of the following ways:

Email:    info@afca.org.au
Phone:  1800 931 678
Mail:      Australian Financial Complaints Authority GPO Box 3, Melbourne Vic. 3001.
Online:  www.afca.org.au
 

Offers

21.6 Any offer of resolution made to you will only become binding on us if accepted by you. An offer of resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject matter of the complaint.

 

22. VARIATION

22.1 We may vary these Terms at any time, with notice to you. In doing so we must comply with the Law.

22.2 You acknowledge and agree that we may vary these Terms immediately without advance notice, in order to protect the security or integrity of the Platform, the Services or any Account or Instruction or to comply with the Law or regulation or to manage a technical or system fault or error.

22.3 By giving you 14 days’ notice, we may charge you additional fees and/or commissions or increase the current fees and/or commissions under the Agreement.

22.4 If you do not agree with any changes, you may cancel your Account in accordance with the Terms.

22.5 You will be taken to have accepted any changes to the Terms by continuing to use the DCE Services after the applicable notice period.

 

23. NOTICE

23.1 Notices given in connection with these Terms must be:

  • in writing;
  • sent to the recipient’s email address, in which case it is deemed to have been received at the time the email leaves the communications system of the sender, provided that the sender does not receive an error message relating to the sending of the email at the time of sending; or
  • by any other means permitted by Law, in which case it is deemed to have been received at the time and date as provided by Law.

 

24. GENERAL

24.1 Severability: If any provision of these Terms is deemed to be unlawful, invalid or unenforceable for any reason, such provision will be deemed to be severed and will not affect the legal effect of any other provision. We reserve any rights not expressly granted in these Terms.

24.2 Change in Control: In the event that we are acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you, as part of such merger, acquisition, sale, or other change of control.

24.3 Entire agreement: These Terms comprise the entire Agreement between you and us in relation to your use of the Platform and the DCE Services, and supersede any prior Terms between you and us.

24.4 Applicable law: The Agreement is governed by the laws in force in the State of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of that place.

24.5 No advice: You agree and understand that we do not provide legal, tax, or investment advice, that your use of the DCE Services is self-directed, and that it is your responsibility to consult with qualified professionals in your own jurisdiction prior to using the DCE Services.

24.6 Consent to telephone recording: You agree that we may record all telephone conversations, internet conversations (chat and messaging apps), and meetings between you and us and use or disclose those recordings, or transcripts from those recordings, to any party (including but not limited to any regulatory authority and/or court of law) in connection with any dispute or anticipated dispute between us and you or in line with our legal and regulatory obligations.

24.7 Waiver: A provision of these Terms, or right created under them, may not be waived or varied except in writing.

24.8 Assignment: You can’t assign or otherwise deal with your rights under the Agreement or allow any interest in them to arise or be varied without our consent. We can assign or otherwise deal with our rights under the Agreement without your consent. You agree that we may disclose any information or documents we consider necessary to help us exercise this right.

24.9 Unclaimed Fiat or Digital Assets: If there are still Fiat or Digital Assets in your Account but you have not responded to our reasonable attempts to contact you for the applicable period of time (as defined under the unclaimed property or similar laws of the relevant jurisdiction), we may have an obligation to report such Fiat or Digital Assets to the applicable governmental entity as unclaimed property. If this occurs, we will reasonably attempt to locate you at the last updated address shown in our records, but if we are unable to locate you, we may be required to deliver any such funds to the applicable jurisdiction’s designated custodian as unclaimed property.

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