Terms and Conditions | Ausfinex

Terms and Conditions

1. About

1.1       Welcome to Ausfinex. The Ausfinex website (the ‘Site​’) and platform (the ‘Platform​’) ​is owned and operated by Ausfinex Crypto Exchange Pty Ltd ACN 623 416 679 (‘Ausfinex​’).

1.2       Our Platform is registered and fully compliant with AUSTRAC. This means that pursuant to law, we provide reports on certain financial transactions and suspicious matters. In some instances, we are required to disclose personal information relating to User Accounts when requested by authorities.

1.3       Our services include, without limitation, the Platform, Site, and any other related digital services provided by us to you to facilitate the buying, selling, exchange, transfer and storage of digital currencies and any other ancillary services (the ‘Services​’).

1.4       The terms ‘we’, ‘us’, and ‘our’ refer to Ausfinex Crypto Exchange Pty Ltd. The terms ‘you’, and ‘your’ refer to users (‘Users’​) of the Ausfinex Site and Platform.

1.5       The Ausfinex Platform allows Users to buy, sell, exchange and trade digital currency, digital assets, cryptocurrency, tokens or coins (collectively ‘Digital Currency​’).

1.6       The Ausfinex Platform doesn’t provide financial advice. By registering and using the site you acknowledge that you have made your own investigations regarding the risks associated with the services provided and the use of cryptocurrencies. At no time, have you relied upon any representations or incentives provided by Ausfinex Platform.

1.7       These Terms of Use (‘Terms​’), along with our Privacy Policy​’ which form a part of these. Terms, govern your use of the Site. Please read our Terms and Privacy Policy carefully before using the Site as these govern your access to and use of our Site.

1.8       If you do not agree to these Terms, you must not use the Ausfinex Platform or enter our Site

1.9       Ausfinex may update these Terms from time to time without notice. Any changes to these Terms will be effective from the date published on our Site.

1.10     This website may from time to time contain hyperlinks to other websites.  Such links are provided for convenience only and We take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on Our website to another website does not imply Our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

1.11     Linking Our website is not permitted.  We reserve the right to serve you with notice if We become aware of such linking.

1.12     As is required to facilitate trade, Ausfinex may use a bank account under a third party company such as Ausfinpay Pty Ltd. To facilitate fiat currency transactions, Ausfinex may share your personal information with such company.

2. Risks involved in the trading and holding of Digital Currencies


2.2     The trading and holding of Digital Currencies carry a high level of risk. Digital Currencies are known to be volatile, and the value of an individual Digital Currency may at any time rise or fall.

2.3    The Ausfinex Platform and Site may at any time cease support for an individual Digital Currency without notice to you and will not be held liable for any loss caused by ceasing to support individual Digital Currency.

2.4     Ausfinex Platform do not provide any warranty or guarantee that an individual Digital Currency will be supported on our Platform, or that we will continue to support any individual Digital Currency.

2.5     If a decision is made to cease supporting an individual Digital Currency (at our discretion), then we will notify Users of our decision within a reasonable period of time. Users will not be able to convert, sell, or trade unsupported Digital Currencies on our Platform. Users must transfer any unsupported Digital Currency to a third party -platform or personal wallet where the Digital Currency is supported at their own expense.

2.6     We are not responsible or liable for Digital Currencies once they have been transferred to another location. For the avoidance of doubt, this includes without limitation transfer to another wallet, User, Device, third party platform, or to any other storage place or location whether online or offline.

2.7     We are not responsible for any transactions or transfers of Digital Currencies that have been made to an incorrect address

3. Registration and Acceptance

3.1     To obtain access to our Platform, you must register for a user account (‘User Account’​) by providing your name, an email address, password, username, and any other personal information (such as a government ID) we require to complete your registration and verify your identity (‘Login Information​’) and accepting these Terms and our Privacy Policy. By registering for a User Account, you consent to the collection and processing of your personal information in accordance with our Privacy Policy.

3.2     You acknowledge that Ausfinex may reject your application for a User Account or cancel an existing User Account, for any reason, at our sole discretion.

3.3     You must be 18 years or older to use our Site or Platform. You must not register for a User Account if you are not of legal age to form a binding contract with us or if you are a person barred from using the Site under Australian law.

3.4     You are solely responsible for the accuracy of the information that you submit in relation to your Login Information. You agree that we do not control, verify, or endorse that information.

3.5     You warrant that your Login Information is accurate, correct and up to date. You must not submit any Login Information that is false or inaccurate. If we detect suspicious or incomplete information, we reserve the right to cancel a User Account without notice and have no liability for any loss suffered by the decision to cancel your account

3.6     If your Login Information changes, you must promptly update your User Account to reflect those changes. Ausfinex may undertake additional inquiries to confirm the accuracy of your Login Information but is not obliged to verify Login Information, unless and to the extent required by law.

3.7     You are responsible for keeping your Login Details secure. Users acknowledge that they are entirely responsible for all activities that occur under their User Account. Ausfinex will not be liable for and disclaims all liability for any loss or damage from your failure to maintain the security of your Login Details. You agree to immediately notify Ausfinex of any unauthorised use of your Login Details or User Account or any other breach of security known to you.

3.8     You are responsible for maintaining, protecting and making backups of your Login Information. To the extent permitted by applicable law, Ausfinex will not be liable for any failure to store, or for loss or corruption to your Login Information.

3.9     Users must only use and access the Site for the purposes permitted by these Terms, and any applicable laws, regulations, or generally accepted guidelines in the relevant jurisdictions.

4. User Accounts

4.1     User Accounts are restricted to persons who are at least eighteen (18) years of age. We may require proof that you meet this condition of our Terms, such as presenting us with a valid government-issued ID, and failure to provide such proof will result in the termination or suspension of your User Account.

4.2     Users must not:

  • introduce any virus, worms, logic bombs or other malicious software or technically harmful data or otherwise attempt to or modify or interfere with the Site or Platform, or overburden or disrupt any device used by the Site or Platform;
  • engage in any restricted or criminal activities, including but not limited to, terrorist financing, money laundering, illegal gambling, distributing or funding drugs and drug paraphernalia;
  • hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Site or Platform or any part of it;
  • institute, assist or become involved in any type of attack upon the Site or Platform; or
  • remove, disable, modify, add or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Site or Platform.
  • Engage in any legal activity on the site
  • Engage on behalf of any third parties, all trades are for personal use only and you are not to offer any trading or brokerage services to third parties.

4.3     Users of the Platform must not create more than one User Account. User’s Account shall not be shared, accessed, or modified by any other person, except the individual user that is assigned to the User Account. If we are aware, suspicious, or of the view that more than one (1) account has been created by the same individual, we may, at our sole discretion, terminate any additional User Accounts. This may lead to you being barred from the site.

4.4     It is at Ausfinex sole discretion whether to accept any User onto the platform.

4.5     Ausfinex uses a two-factor authentication process to verify your identity, maintain security and prevent fraud. All users should ensure that they have turned on two-factor authentication for their User Account and that no other person has access to their two-factor authentication codes and passwords.

4.6     Your use of the Ausfinex Platform and Site is subject to any applicable laws, such as the Anti-Money Laundering – Counter-Terrorism Financing Act 2006 (Cth), that may restrict your access and ability to withdraw and deposit funds into your User Account without notice and without holding Ausfinex in any way responsible for any loss arising from such actions.

4.7     If you have been previously banned from registering a User Account for whatever reason or if your User Account has been terminated, you must not create another User Account or use or access the Site or the Ausfinex Platform, unless you have obtained prior written consent from Ausfinex to do so.

4.8     If you become aware of, or reasonably suspect that your User Account or Login Information may be breached, modified, removed, stolen, or accessed by another person other than the User of the User Account, you must notify Ausfinex immediately and take necessary measures, such as changing your password and two-factor authentication code, to protect your User Account and Login Information.

4.9     You are solely responsible and liable for maintaining the security and confidentiality of your Login Information and by extension your User Account. This means that you are solely responsible for and bear liability for any transactions or exchanges of Digital Currency or fiat made through your User Account, or otherwise made because of any unauthorised access to your User Account or Login Information.

4.10     As part of the registration of a User Account and your use of the Ausfinex Platform or our Site, you agree that you will be sent push notifications and, in addition, marketing notices including the possibility of advertisements offering services of a commercial or marketing nature.

5. Purchase and Transfer of Digital Currencies

5.1     Due to the volatility of digital currency markets, Ausfinex does not guarantee the availability of any quoted exchange rate, or that you will be able to buy or sell your Digital Currency on the Ausfinex Platform or third party platform at any price or time.

5.2     When you buy, sell or exchange Digital Currencies, all transactions are final. It is the responsibility of a User to ensure that transactions are entered correctly, and the User accepts the quoted exchange rate and transaction fees

5.3     You may only deposit fiat currency that is accepted by and supported by the Ausfinex Platform. We currently accept AUD, which may be transferred to a User Account by way of direct bank transfer, Poli Payment and/or credit/debit card payments.

5.4     You must refer to any relevant terms and conditions that apply to your selected method of payment transfer. We do not provide any warranty or guarantee that a payment gateway provider or payment method will be made available to you at all times.

5.5     Ausfinex will use its best endeavours to ensure that withdrawal and deposit time frames are reasonable. You accept that from time to time, Ausfinex may not be able to meet its advertised timeframes, and you in no way can hold Ausfinex liable form any loss arising from such failure.

5.6     When you deposit fiat currency to your User Account as facilitated by the Ausfinex Platform, we will maintain any balance of fiat that has been credited to a User Account in an account held on behalf of Ausfinex or in the name of a custodian appointed by Ausfinex. Any funds held on behalf of User Accounts will be pooled together for convenience. Ausfinex maintains records of all fiat transfers and implements appropriate technical measures to ensure funds from each User Account can be properly identified.

5.7     Users can use fiat currency that is held on behalf of a User Account to buy, sell, trade or exchange for certain Digital Currencies, where fiat pairing is made available on the Platform. All transactions facilitated by the Ausfinex Platform are subject to applicable transaction fees that may be charged directly by Ausfinex, and by our third party payment providers.

5.8     Ausfinex may charge fees for the withdrawal or deposit of fiat currency to and from User Accounts that are published on our website and amended from time to time.

5.9     Our Platform incorporates a wallet service (‘Hosted Wallet​’) for User’s to store Digital Currencies. When a User creates a User Account, the Platform will assign a unique deposit address, specific to each Digital Currency (e.g. BTC or ETH), so that Digital Currencies can be transferred to a User’s Hosted Wallet and stored through a User Account.

5.10    To ensure the security of your Hosted Wallet, User’s should not disclose the deposit address to any other person except when transferring Digital Currencies to and from their User Account.

5.11     Users agree that Ausfinex has no control over Digital Currency networks. Ausfinex makes no representation, warranty or guarantee in relation to the security or speed of Digital Currency networks.

5.12     If you receive Digital Currency that should not have been transferred to your User Account, you must notify Ausfinex immediately. You must not exchange, sell, or transfer Digital Currency or any part thereof that was incorrectly transferred to your User Account

5.13     You authorise Ausfinex to take reasonable action to reappropriate any amount of Digital Currency that was incorrectly transferred to your User Account, including by restricting access or deducting funds from your User Account.

5.14     You understand that during periods of market volatility, high volume trades, fast movement and illiquidity in the market, we may not be able to complete your transaction or exchange of Digital Currency. In these circumstances, we will notify you and seek your approval to complete the transaction at the current exchange rate.

5.15     In addition to the above, you understand that Ausfinex may put your transactions on hold or choose to fulfil them in part. This may be because there is not enough Users or liquidity to transfer the amount of Digital Currency at a selected price point, or where we have a reasonable belief that the exchange is subject to illegal activity or fraud, or because of internal Ausfinex policies regarding maximum transaction amounts.

6. Refund Policy

6.1     Refunds will be processed in accordance with the Australian Consumer Law. Except as required by law, all fees paid by you under these Terms are final and non-refundable.

6.2    We do not issue refunds or any other types of compensation for any transactions that were made in error by Users.

6.3    We reserve the right to refuse a refund request if we reasonably believe or suspect that:

6.4    you are in breach of these Terms; or

6.5    you are using the Site fraudulently or that your User Account is being used by a third party fraudulently.

6.6    Refunds are made at our discretion subject to any guarantees that cannot be excluded under the Australian Consumer Law.

7. Third Party Sites and Advertising

7.1     The Site may contain advertisements from other websites, or third parties, and other pointers to sites or applications operated by third parties. We do not control these linked sites and are not responsible for the content of any linked sites.

7.2    Ausfinex makes no representation or warranty regarding any content, goods or services provided by any third party even if linked to and from the Site and will not be liable for any claim relating to any third party content, goods or services.

7.3    Links to third party sites and advertising are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement, sponsorship, association, or affiliation by us of those applications or the products or services provided at those sites.

7.4    The linked sites may collect data or solicit personal information from you, or they may automatically collect information from you. Your access to any such site is entirely at your own risk.

8. Intellectual Property

8.1     In these Terms:

  • “Intellectual Property (Rights)​” means all Intellectual Property Rights and including all copyright, service marks, logos, trade names, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
  • “Works” means any material made available on the Site, including but not limited to software, updates, upgrades, computer code, written texts, functionality, posts, data, photographs, pictures, graphic works or images, and their selection and arrangement.

8.2    You acknowledge that ownership of the Intellectual Property on or relating to the Site and Platform is the property of or licensed by Ausfinex or vests on creation in Ausfinex. Any other third party trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or property of the respective parties.

8.3    The Works on the Site and any User Content related to the Site are subject to copyright and owned by the copyright owner. The copyrighted material on the Site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Site and a part of the compilation of the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us or any related entities. Information procured from a third party may be the subject of copyright owned by that third party.

8.4    Any unauthorised reproduction or redistribution of our Intellectual Property or Works on the Site and Platform or in breach of our Terms is explicitly prohibited and may result in the termination of your User Account as well as legal action taken against you. Nothing contained in the Site or these Terms should be construed as granting by implication, estoppel, or otherwise, any licence or right to use any such Intellectual Property or Works without our prior written consent.

8.5    Unless otherwise stated, we retain all rights, title and interest in and to the Works on the Site and of our Services. Nothing you do on or in relation to the Site or Platform will transfer any:

  • business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright;
  • right to use or exploit a business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright;
  • thing, invention, design, system, work or process that is the subject of a patent, registered design or copyright or any other Intellectual Property Right (or an adaptation, improvement, modification of such a thing, invention, design, system, work or process); or
  • any proprietary rights in the Site or the Site database.

8.6    You shall not use any of our trademarks:

  • in or as the whole or part of your own trademarks;
  • in connection with activities, products or services which are not ours; or
  • in a manner which may be confusing, misleading or deceptive.

8.7    The obligations accepted by Users under this clause survive termination or expiry of these Terms.

9. Disclaimer and Limitation of Liability

9.1     By accessing, using, or downloading the Site, you agree that your use of the Site, in whole and in part (including, without limitation, all User Content and any content associated with your use of the Site), is at your own risk and is provided to you on an “as is” basis.

9.2    Ausfinex relies on third party exchange platforms to provide liquidity of Digital Currencies to facilitate User transactions. We may hold your Digital Currencies on these third party exchange platforms. To the fullest extent permitted by law, we exclude all liabilities, guarantees and warranties in ensuring the security of any Digital Currencies that are held by third party exchange platforms on our behalf.

9.3    To the fullest extent permitted by law, Ausfinex, our affiliates or subsidiaries, or any of our directors, officers, employees, agents, partners, agents, contributors, and licensors disclaim all warranties, conditions or other terms of any kind, either explicit or implied, in connection with the Site and your use thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, usefulness, accuracy, completeness, suitability or currency.

9.4     Ausfinex makes no warranties or representations regarding the content of the Site or the content of any sites linked to the Site, or that the Site will be uninterrupted or error-free and assumes no liability or responsibility for any:

  • errors, defects, mistakes, or inaccuracies of content;
  • unauthorised access to or use of the Site’s servers, personal information or financial information stored therein;
  • interruption or cessation of transmission to or from the Services;
  • bugs, viruses, harmful components, trojan horses, or the like which may be transmitted to or through the Services by any third party;
  • errors or omissions in any content or for any loss or damage of any kind incurred because of the use of any content posted, emailed, transmitted, or otherwise made available via the Services;
  • human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections through your access to or use of the Services;
  • quality, accuracy, completeness and validity of any information or materials in connection with the Services

9.5     Ausfinex does not warrant that the Platform will meet your requirements or that transmissions or your data will be secure.

9.6     You agree that any information and commentary provided on the Site does not constitute financial, investment, tax, or legal advice and that Ausfinex does not broker trades on behalf of Users. Ausfinex makes no warranty or representation as to the suitability, accuracy or completeness of any information or commentary provided on the Site.

9.7     In addition to the above, you agree that it is your own sole responsibility to determine whether and to what extent, any applicable taxes apply to your trades and any transactions facilitated through our Platform.

9.8     You agree that we, our affiliates or subsidiaries, or any of our directors, officers, employees, partners, agents, contributors, and licensors shall not be liable to you or any third party for any:

  • loss of profit or opportunity (whether incurred directly or indirectly);
  • damage to goodwill or business reputation and any other intangible loss;
  • special, direct, indirect, incidental, punitive, exemplary or consequential damages whatsoever or any other losses, costs or expenses of any kind, including loss of data, legal fees, expert fees, cost of procuring substitute services, or any other disbursements arising, directly or indirectly, from your reliance on, access to, use of, or inability to access or use, the Site and any other content provided therein, or through downloading of any materials, data, text, images, video or audio from the Site or Platform, whether in common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.9     In case of a malfunction, disruption, or other events that prevent you from completing a transaction, or otherwise prevents Users from transferring, exchanging, buying, or selling Digital Currencies from or to any User Account or over the Ausfinex Platform, Ausfinex will not be held liable or responsible for any such action or inaction caused in connection with the above, including loss of potential profits or other lost opportunities in connection with your use of the Site and the Ausfinex Platform.

9.10     Use of the Ausfinex Platform and Site is at your own risk. Everything on the Ausfinex Platform and supplied through the Site is provided to you on an “as is” basis, without representation or warranty as to the security or availability of the Ausfinex Platform and Site except as otherwise expressly provided in these Terms.

10. Indemnity

10.1     The User indemnifies and releases Ausfinex, its affiliates or subsidiaries, directors, officers, employees, agents, contributors and licensors from and against all claims, losses, demands, proceedings (including all class actions, suits), damages, costs, expenses or liabilities (including without limitation legal expenses and any amounts payable by us to a third party in settlement of a claim or dispute) brought against or sustained by us, which are directly or indirectly caused by:

  • the User’s breach of these Terms;
  • the User’s use or misuse of the Site, Platform or Services;
  • any information that you provide to us via the Ausfinex Platform or our Site;
  • your violation or breach of Ausfinex’s Intellectual Property Rights;
  • any negligent or wrongful act or omission of the User; and
  • any breach of any third party rights, including in respect of any claim that infringes Intellectual Property Rights.

11. Termination

11.1     Without limiting any other remedies, Ausfinex may refuse access to the Site or may limit, suspend, modify, terminate or delete your User Account without notice for any reason, including but not limited to, a suspected violation of these Terms, a technical or operational difficulty, a request from a law enforcement or government agency, illegal or improper use of your User Account or User Content or any of Site’s Intellectual Property as determined by Ausfinex in its sole discretion.

11.2   In the event that your User Account is terminated, deleted or suspended, you may lose your User Content and any other information associated with your User Account. Ausfinex takes no responsibility for any damage or losses that may result to you from the foregoing.

11.3    If you have more than one (1) User Account, Ausfinex may at its sole discretion, delete or terminate or suspend any or all your User Accounts.

11.4    If your account is deemed inactive, we may at our sole discretion, delete or terminate your User Account

11.5    Ausfinex maintains full custody of all User information and funds or Digital Currencies associated which a User Account which may be turned over to authorities for the purposes of investigating expected fraud, money laundering, or violation of these Terms (e.g. illegal trading).

11.6    Upon termination of your User Account, save for the above, Ausfinex will facilitate at our discretion either:

  • the transfer of any Digital Currencies held on behalf of your User Account to another third party Platform or location outside of the Ausfinex Site and Platform; or
  • the exchange of Digital Currencies to fiat currency either directly; or
  • otherwise indirectly through another Digital Currency, in circumstances where there is no direct fiat pairing.

11.7    You may delete or cancel your User Account at any time, following the settlement of any pending transactions or trades, by contacting Ausfinex using the contact details provided below in these Terms or by any method facilitated through the Site where available.

11.8    In the event that Ausfinex terminates, deletes or suspends your User Account, you may not participate in the Site or the Ausfinex Platform in any way without Ausfinex’s express permission.

11.9    If you think your User Account has been deleted by accident, please contact us using the contact details provided below in these Terms, and we will endeavour to solve any issues.

12. Disputes

12.1     Users are solely responsible for interactions and disputes with each other.

12.2     If a dispute arises out of or relates to the Terms as between Ausfinex and a User, either party cannot commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with:

a) Compulsory process – A party cannot start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (“Dispute”) unless it has complied with this clause.

b) Notification – A party claiming that a Dispute has arisen must notify each other party to the Dispute giving details of the Dispute.

c) Initial period – Efforts to resolve Dispute​. During the 30-calendar day period after a notice is given (or longer period agreed in writing by the parties to the Dispute) (Initial Period), each party to the Dispute (“Disputant”) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.

d) Mediation – If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:

    1. a mediator agreed on by the Disputants; or
    2. if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Disputants must submit the Dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.

e) Representative – Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation, each Disputant may be represented by one or more legal representative.

f) Role of the mediator – The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.

g) Information – Any information or documents disclosed by a Disputant under this clause shall be kept confidential, and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence and may not be used except to attempt to resolve the Dispute.

h) Costs of mediation – Each Disputant shall pay its own costs. The Disputants shall pay equally the costs of any mediator engaged.

i) Location -​ The mediation will be held in Melbourne, Australia.

j) Failure to resolve – If the Dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (Mediation Termination Notice). Upon receipt of the Mediation Termination Notice, the dispute resolution process will be terminated. A party to a Dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice.

13. Privacy

13.1     In these Terms, Personal Information has the meaning as defined in any applicable Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth).

13.2     If a User obtains the Personal Information of other users in the course of using the Site under these Terms, the User must comply with their obligations under the Privacy Laws and not do any act or engage in any practice which would be in breach of the Australian Privacy Principles (APPs) as contained in the Privacy Act 1988 (Cth).

13.3     For more information on how we deal with your privacy, please see our Privacy Policy which your acceptance of is a condition of these Terms.

14. Variation

14.1     We may change, add or remove parts of these Terms at any time.

14.2     The revised Terms shall apply to your use of the Site from the date of publication of the revised Terms on the Site and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms. By continuing to use the Site, you accept the Terms as they apply from time to time. If you do not agree with the changes, you should delete the Site.

15. No waiver

15.1     No waiver of rights under these Terms or any of our policy, or agreement between us and a User shall constitute a subsequent waiver of this or any other right.

15.2     Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of any future right of enforcement of that right or provision.

16. Assignment

16.1  You agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.

16.2  You may not assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.

17. Third Party Rights

17.1  A contract under these Terms is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

17.2  The exercise of the parties’ rights under these Terms is not subject to the consent of any third party.

18. Entire Agreement

Unless otherwise stated, these Terms and our Privacy Policy make up the entire agreement between you and us regarding the Site and supersede any prior agreements. Upgraded versions and new releases of the Site will be subject to these Terms and our Privacy Policy.

19. Severability

If any provision or part of a provision of these Terms is found to be invalid, unenforceable or in conflict with the law, that part or provision is to be replaced with a provision which, as far as possible, accomplishes the original purpose of that provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions which will continue in full force and effect.

20. Law and Jurisdiction

These Terms are governed by and construed in accordance with Australian law. You irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria Australia, and any court that may hear appeals from any of those courts for determining any dispute concerning these Terms and waive any right you may have to claim that those courts are an inconvenient forum.

21. Force Majeure

Ausfinex, its affiliates or subsidiaries, directors, officers, employees, agents, contributors and licensors will have no responsibility or liability for any failure or delay in performance of any service, or any loss of damage that you may incur, due to any circumstances or event beyond the control of Ausfinex, including without limitation of any natural disaster, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, power failure, equipment and software malfunction, security breach or hack, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.

22. Feedback

22.1  Your feedback is important to us. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Site. You may submit feedback by contacting us using the contact details provided below in these Terms.

22.2  You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable licence under all Intellectual Property Rights that you own or control to use, copy, create derivative works based upon and otherwise use the feedback for any purpose, including (but not limited to) advertising and promotional purposes.

23. Our Contact Details

23.1  You can contact us:

  • using our request form, should one be made available to you;
  • by email, using the email address published on the Ausfinex Site (from time to time).

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