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Terms and conditions


Exchange Magix

United Loans Pty Ltd 141 657 650 (we, us, our) is owner and operator of Exchangemagix.com, all of its sub-domains (the Site), the “Exchange Magix” iOS and Android mobile applications (the App), and other various third party social media and messaging sites, channels, pages, group sand forums (collectively, our Services).


Terms you accept for using Exchangemagix.com

You are permitted to access and use our Services under the condition of you agreeing to the terms and conditions set out below Terms. Please read these Terms carefully.

After clicking an “accept” button, opening an account, or accessing or using any part of our Services, you accept, or are deemed to have accepted (as the case may be), all of these Terms, as varied, modified or amended by us from time to time. You agree that these Terms are legally binding in the same manner as any written contract with your signature or seal. If you do not agree with the mentioned Terms, you must not open an account and must not use any of our Services. The right to modify or add and remove any part of our services, Terms and Conditions or Privacy Policy and any other material and information in this website at any time to be amended, changed or discontinued is reserved with us, without liability or further notice to you. Your continued use of our Services will imply an automatic acceptance of any change or modification and deletion done by us.


Agreement of Use

You agree that you are only authorized to access and use our Services for your own personal use and for the activities of: accessing and using our Services or any other reason which we inform you about.
Unless otherwise agreed and approved by us, you must not use our Services: to provide financial advice or any other form of advice or otherwise regarding any share, security, or financial product or instrument, or an offer, solicitation, recommendation, or invitation, to buy, sell or deal in any way with any of those things; Or for any illegal intention, purpose or activity, including but not limited to any act which causes, or may be likely to cause, physical or financial harm to any person.

Your access and use of our Services are subject to these Terms and any other terms and conditions of use that appear on our Services (including third party terms of use, such as those adopted by social media websites and platforms) and any click and accept end user license terms, together with privacy policy terms and acceptable use standards.


We are Only Facilitator (Not Financial Advisor)

You understand and agree that we are not a regulated exchange and we do not hold or operate under an Australian financial services licence or any other licence. We are registered with AUSTRAC as a digital currency exchange provider under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). All materials, including text, images, audio recordings, video recordings, and other information and content, including but not limited to, market or trading information, tools, indicators, and materials (Content) hosted or made available on or through our Services is provided: for general information reasons only; or Without any intention and regard whatsoever to the personal circumstances of any person. Any user-created Content which is hosted or made available on or through our Services is provided for, and on behalf of, the relevant user who created or supplied such Content. No Content hosted or made available on or through our Services is intended to constitute advice (financial or otherwise) regarding any share, security, or financial product or instrument, or an offer, solicitation, recommendation, or invitation, to buy, sell or deal in any way with any of those things. All statements, representations, estimations, projections, or forecasts made in or through our Services by any person (whether relating to the present or the future) are expressions of opinion only, and do not necessarily represent our opinion or have our endorsement.

Unless otherwise expressly stated by us, we, and any other person using our Services (whether as a user, administrator, moderator, or other user type), are not: professional or qualified advisors (such as lawyers or accountants); Or financial advisors or financial service providers; Or financial services license holders; or professional or qualified traders, investment managers, or fund managers; or brokers or agents; or securities advisors or practitioners; or Software developers, engineers, coders, or technical experts. Before acting on, or relying upon, any Content hosted or made available on or through our Services, we strongly recommend that you: undertake your own investigations and enquiries; and Seek independent legal, accounting, tax, financial, business, technical and other professional advice from an appropriately qualified professional advisor.


Services We Provide

We provide service to our users to access the matching of offers to buy or sell digital currencies and cryptocurrencies to offers made by other users to sell their cryptocurrencies, in order to facilitate the exchange of: fiat currency for cryptocurrency tokens; cryptocurrency tokens for fiat currency; or cryptocurrency tokens for other cryptocurrency tokens.

You acknowledge and agree that we are only a facilitator on your behalf and our sole purpose is to provide infrastructure for executing these transactions, and not as principal on our own behalf. you agree, authorize, direct and consent to us doing the following: communicating any offer submitted by you through our Services to buy or sell cryptocurrency tokens (Offer) to other users of our Services; matching your Offers with opposing Offers of other users (Counterparties); settling any resulting transactions within a reasonable time by doing one or both of the following things (as determined by us in our discretion): transferring fiat currency or cryptocurrency tokens held to your account to the relevant Counterparties; and/or applying a debit against your account, and applying a corresponding credit against the relevant Counterparties’ account/s, for fiat currency or cryptocurrency tokens, after deducting any fees due and owing by you (refer to the section below relating to Fees).

All Offers, once submitted, are irrevocable and may only be cancelled if we provide the ability to do so on our Services. Although we will generally match opposing Offers in the order in which we receive them, we do not guarantee that this will occur. For example, large Offers may, due to insufficient demand, be matched over time. We may, in our absolute discretion, regulate: the number and type of Offers that you may submit at any one time; your ability to amend or cancel Offers once submitted; and the parameters within which Offers may be submitted, such as price increments.

We reserve the right to cancel any Offer submitted by you, in whole or in part, where we consider, in our sole absolute discretion, that the Offer: has been submitted by you in breach of these Terms;
has the effect, or may be likely to have: the effect, of unfairly manipulating any market; or An adverse impact on our Services, or our reputation or goodwill.


Applications (iOS/Android)

Your download and installation of the iOS Application is subject to the Apple App Store terms and conditions (for Apple made devices) and Google Play Store terms and conditions (for Android devices). While we endeavour to make sure that the App supports all modern mobile phone devices, we do not warrant or guarantee that the App will be free of bugs, or perform as expectation, on all devices. In exchange for you agreeing to and accepting these Terms (or being deemed to do so), we grant you a personal, non-exclusive, non-assignable license to use and access the App (with no right to sublicense). Subject to law, we make no representations and give no warranties or guarantees to you that the App is suitable for any particular use or purpose.

Trading


Deposits and Withdrawals information

We are not obliged to accept deposits from any person, and reserve the right not to deal with any person, for any reason. All transactions of deposits and withdrawals of fiat currency or cryptocurrency tokens must be undertaken strictly in line with our specifications and requirements at all time. You understand and agree that, if you fail to comply with our specifications and requirements, we are not responsible for any loss suffered by you as a result. Your ability to deposit or withdraw fiat currency or cryptocurrency tokens may be regulated under Australian law, such as Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (CTh). You acknowledge and agree that we may, in our sole absolute discretion, do all acts and things which are necessary or desirable to comply with the law, including but not limited to: blocking, cancelling, or reversing transactions; or freezing funds, or preventing access to them by you, or any other person; or notifying the authorities and complying with their requests and requirements. You agree that we may determine, in our sole absolute discretion, the systems, methods, processes and procedures, by which we receive, hold, or disburse fiat currency or cryptocurrency tokens, including but not limited to: for fiat currency, whether funds are segregated or pooled; Or for cryptocurrency tokens, if, when and how hot or cold wallets are used or accessed. You agree, authorize, direct and consent to us holding to your account all fiat currency and cryptocurrency tokens you send or transfer to us. You further acknowledge and agree that: we hold the legal title to all fiat currency and cryptocurrency tokens which we hold to your account; Or under the law, your right to recover any fiat currency or cryptocurrency tokens which we hold to your account is an unsecured debt owed by us to you; or If we become insolvent, you may be entitled to make a claim for the recovery of that debt, but there is no guarantee that you will be successful in recovering any part of that debt. You waive any right to any interest paid by our financial institution on any fiat currency held by us to your account. We are entitled to retain all such interest, if any. Despite any other provision of these Terms, you acknowledge and agree that we may, in our sole absolute discretion, take any action which we consider necessary or desirable to protect or secure the fiat currency or cryptocurrency tokens which we hold to the account of our users, or otherwise serve the interests of our users and other stakeholders. Please note for bank transfers, Sender’s bank account name must be same as account holder name in Exchange Magix, otherwise Exchange Magix reserves the right to reject incoming funds.


Trading Account Opening

In order to access and use our Services, you must: create an account on our Site; and verify your account by following our know-your-customer (KYC) and anti-money laundering (AML) procedures and providing such information and documents which we require. We may use, or you maybe require to use, a third party to verify your identity, in which case, you acknowledge and agree as follows: the account verification process is subject to the terms of service and other requirements of the third party service provider; and in order to verify your identity, we, or the third party service provider, may disclose and securely transmit your personal information to: government authorities; credit agencies; politically exposed person database service providers, or other watch list service providers; and/or
other third party data or identity verification service providers.

You consent to us collecting and disclosing your personal information for the above purposes.
We may, at any time, require you to undertake further KYC or AML procedures, and provide further information and documents, in order to maintain your account verification. When creating an account, you acknowledge and agree that: You will not provide any false personal information and will keep your personal information accurate and up to date; You will only create one account; You will not allow anyone else to access your account; You will not create a new account if your account is disabled; We may alter any part of your user account if we receive a legitimate complaint, or otherwise form the view (in our sole discretion) that it is inappropriate or offensive; and if you create an account using your user credentials from a third party site (such as Facebook or Google), your use of such credentials is subject to the relevant third party site’s terms of use and privacy policy, and you consent to us collecting such user credentials for the purpose of creating your account; and We have the right to terminate your access to our Services, at any time, in our sole discretion, without prior notice to you.


Your Conduct

You are responsible for your use of our Services and for any use of our Services made using your account. You agree not to access, copy, or otherwise use our Services including our intellectual property and trademarks, except as authorised by these Terms of Use or as otherwise authorised in writing by us.

In circumstances where we reasonably suspect that you have used our Services to participate in market manipulation (such as pump and dump schemes), regardless of whether prohibited by law, we reserve the right to close your account. We accept no liability for any losses associated with, or any suspension or closure of your account, in connection with suspected market manipulation.

When using our Services, you agree that you will not: (a) act in a way which is otherwise than courteous and polite; (b) breach any policy on the Platform or any law which may be applicable to the use of the Platform; (c) breach, or cause us to breach, any law, regulation, rule, code or other legal obligation; (f) use any automated systems including “robots” and “spiders”, other than those permitted by us directly to you in writing; (g) interfere with or compromise our Site’s, or App’s, integrity or decipher any server transmissions; (h) impose an unreasonably large load on our infrastructure; (i) upload viruses, worms, or invalid data to our Site, or App; (j) collect or retain any personally identifiable information contained on our Site, or App; (k) access our services by any means other than as authorised in these Terms of Use, including virtual private networks which are expressly forbidden; (l) stalk, harass, bully or harm others; or (m) impersonate any person or entity.


Trading Account permanent Deletion/Termination
You can delete your account at any time by sending us email at [email protected]
we reserve the right to delete your account/s on our Services at any time and for any reason, including but not limited to: if your account is inactive for a period of six (6) months or more; or if you breach these Terms, or any other relevant third party terms and conditions, or we suspect that you have breached them; or If you engage in any illegal, offensive, defamatory, or obscene conduct or behaviour.


Risks

Investing, speculating, holding, or trading (Trading) in cryptocurrencies, digital assets, digital currencies or cryptocurrency tokens (terms which we use interchangeably in these Terms) involves high risk and may end up in you losing all of your money. Purchasing, trading or holding and selling cryptocurrencies involves the use of advanced and sophisticated computer hardware and software, the correct use of which requires a significant level of understanding of the underlying technologies and innovations. As such hardware and software is considered in its infancy, using it comes with considerable risks, including but not limited to: user error; or hardware or software failure or malfunction; or the risk of cybercrime, hacking, or fraud. Many cryptocurrency coins, tokens, and digital assets remain under development by their promotors or people who created them, have not been implemented or deployed, and are not in real-world use. The information published publicly or otherwise made available by the promoters of many cryptocurrency coins, tokens, and digital assets is of a technical nature and requires a high level of knowledge and understanding of distributed ledger technology, software development, traditional banking systems, investment scheme regulation, securities regulation, and various other laws and regulations. The matters, technologies and innovations published publicly or otherwise made available by the promoters of many cryptocurrency coins, tokens, and digital assets: may not have been subject to any evaluation or verification by independent qualified professionals (such as legal, financial, taxation, information technology, or engineering professionals); or may require regulatory or other approvals or consents from governmental and non-governmental bodies and privately held entities to be lawfully used or implemented; and or May be subject to agreements, licensing, and other arrangements with unknown third parties, the terms of which are not publicly disclosed.

Our Services may involve trading tools, indicators, materials, and configurations (Trading Tools) which you may use. The factors, variables and circumstances which are accounted for by the Trading Tools are limited to the variables, inputs and specifications of each Trading Tool (as applicable). There are various factors, variables and circumstances which may affect, positively or negatively, the result of any Trading activity, or the use of any Trading Tool, including but not limited to: market conditions and sentiment, including market volatility (price fluctuations) and liquidity (the availability of buyers and sellers in the market); or correct technical implementation of Trading Tools (including, but not limited to, mathematically, conceptually, and strategically); or changes in laws and regulations applying to cryptocurrencies; or other macro-economic factors; and or Bad actors, such as market manipulators, insider traders and “pump-and-dump” syndicates.

By using our Services, or any Trading Tool, you acknowledge and agree that: we do not set the price of any cryptocurrency token which is tradeable on our Services; Or the prices or rates of exchange for cryptocurrency tokens available on our Services may differ significantly from the prices or rates of exchange available on other cryptocurrency exchanges or exchange services; Or we do no warrant or guarantee that you will generate any financial return over any time period; Or we do not warrant or guarantee that any Trading Tool is suitable for the purpose for which it is intended, or for any other purpose whatsoever; and You risk losing all of your money, for which you will be solely responsible. You agree that before acting on, or relying upon, any materials hosted or made available through our Services, you have undertaken your own investigations and enquiries, and sought, as you feel is necessary, any independent legal, accounting, tax, financial, business, technical and other professional advice from an appropriately qualified professional advisor. We are not responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond our reasonable control including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.


Force Majeure

In this clause, Force Majeure means a circumstance beyond our reasonable control which occurs without our fault or negligence, and includes without limitation an act of God, inevitable accident, storm, flood, fire, earthquake, peril of navigation, epidemic, pandemic, quarantine restrictions, strike, lock-out, boycott or other industrial dispute, hostility, war (declared or undeclared), riot, insurrection, act of terrorism, executive or administrative order or act of either general or particular application of a government (whether de jure or de facto) or of any official purporting to act under the authority of such a government, prohibition or restriction by domestic or foreign laws, regulations or policies and quarantine or customs restrictions. Any of our obligations to you will be suspended during the time and to the extent that we are prevented from or delayed in complying with that obligation due to a Force Majeure. We exclude all liability, loss or claims to the extent that they were caused or contributed to by a Force Majeure.

Payments/Transfer Information

Where fiat currency payments or transfers are handled by Payment Service Providers (PSP’s), they are subject to PSP’s terms and conditions. We accept no responsibility or liability in relation to payments processed by PSP’s. Any issues which you experience in making payments to us may be raised with us, however, we reserve the right to require you to liaise with the PSP directly. All cryptocurrency payments or transfers are made by you at your own risk and expense. We accept no responsibility or liability in relation to: any delayed or failed payment due to congestion on any crypto currency network; or any failed or mistaken payments due to human error, such as entering the incorrect recipient wallet address; or any fluctuations in the market price of any crypto currency used to pay our fees.


Protection/Security

You must ensure that all login IDs and passwords required to access our Services are kept secure and confidential. We may support multi-factor authentication in order to access our Services, such as by requiring you to input one-time-use codes sent by SMS to the mobile number associated with your account. You must immediately notify us of any unauthorized use of your login IDs or passwords or any other breach of security. Where there is unauthorized access or a breach of security, we will take appropriate steps to rectify the unauthorized use or breach of security, including by, without limitation, cancelling and resetting the relevant login IDs and passwords, and you must take all other actions that we reasonably deem necessary or desirable to maintain or enhance the security of our computing systems and networks and your access to our Services. We will use all security to ensure that we provide a secure environment for any data stored or hosted on our systems, including by encrypting your data. We will not be liable for any damage, loss, cost, liability, expense, injury or death of any kind and however arising including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable (Loss) suffered by you or any third party should our security measures (or those of any of our service providers) be overcome or breached. We maintain complete appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any personal computer, laptop, mobile or other device owned or controlled by you.


Refund/Chargebacks

To the greatest extent permitted by law, subject to anything in these Terms to the contrary, all fees and other monies payable by you to us are non-refundable immediately upon payment by you. To the extent that we are liable under the law for any defect or issue, our liability is limited to the amount paid by you. We may, in our discretion, offer partial or full refunds where we consider appropriate to do so. If you initiate a transfer recall with your financial institution, or a chargeback on your credit or debit card, or take any similar action, you must pay us an administration fee of AUD $50.00 on demand. You acknowledge, agree and consent to us setting off any such fees against any monies which we may owe to you from time to time.


Charges and Fees

Please check our fee schedule for complete view of our fees. All fees are, unless otherwise expressly stated by us:

for fees described in fiat currency, in Australian dollars ($AUD);
for fees described in crypto currency, in Tether (USDT); and
Inclusive of goods and services tax and other value-added tax (VAT).


Contents and Copyrights

All contents represented in this website or any other application under Exchange Magix is made by us. You may only retain copies of information if obtained incidentally to your viewing and kept for your own personal reference.


Confidentiality

You agree to keep confidential all Data and Content hosted or made available on or through our Services (including Content generated by other users). If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us immediately at [email protected]

Disclaimer
Our services are delivered on an “as is” and “as available” basis, subject to all latent and patent errors (if any). Based on this, we do not warrant that our services will be error-free or uninterrupted. Whilst we do our 100% to provide best service, to the greatest extent permitted by law: under no conditions do we make any representations, and we do not give any warranties or make any guarantees, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, including but not limited to financial investment purposes, whether or not such use or purpose is described by you to us or our representatives prior to these terms taking effect; and any condition, guarantee, or warranty which would otherwise be implied into these terms and conditions is excluded.

All due care is taken in ensuring that our services are free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system or device which arises in connection with your use of our services or any third party site. We undertake to take all due care with any information which you may provide when accessing our services and to preserve such information in a secure manner in accordance with our privacy policy. We, however, do not warrant and cannot ensure the security of any information which you may provide and information you transmit to our services is entirely at your own risk.

We provide no warranty as to the accuracy or currency of the account information or other information or data uploaded to our services by any other person. Our services may dynamically source content (such as price, volume, depth and other market data) from third party sites and services using application programming interfaces (API’s) and other technologies. We give no warranties and make no guarantees as to the accuracy or currency of any such data, the responsibility for which at all times remains with the relevant third party sites and services. From time to time, we may host third party content on our services such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by them.