Legal

Last updated: 7 November 2022

1. Acceptance of Terms of Service

The products and services described in these Terms of Service ("Services") are provided through local operating entities incorporated in various jurisdictions (collectively "CoinJar", "we", "us", or "our"). These Terms of Service apply to your access to and use of the Services provided by CoinJar.

Except as expressly provided, your sole and exclusive counterparty to these Terms of Service is as follows:

  • If you reside in Australia: CoinJar Australia Pty Ltd ACN 648 570 807, having its registered office at 805/220 Collins Street, Melbourne, Victoria, 3000. CoinJar Australia Pty Ltd is a registered digital currency exchange provider with AUSTRAC (Registration No. DCE100749118-001).

  • If you reside in the United Kingdom: CoinJar UK Limited, registered in England and Wales under company number 8905988, VAT number 194 6171 84, and having its registered office at 133 Whitechapel High Street, London E1 7QA. CoinJar UK Limited is registered by the Financial Conduct Authority as a Cryptoasset Exchange Provider and Custodian Wallet Provider in the United Kingdom under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, as amended (Firm Reference No. 928767).

  • If you reside in any other jurisdiction not listed above (referred to as "Global Customers"): CoinJar Australia Pty Ltd ACN 648 570 807, having its registered office at 805/220 Collins Street, Melbourne, Victoria, 3000. CoinJar Australia Pty Ltd is a registered digital currency exchange provider with AUSTRAC (Registration No. DCE100749118-001).

By using this website or our applications ("Website") or any of our Services, you ("you", "user", "client", "customer"):

  • agree that you have read, understood and accept these Terms of Service, which include our Privacy Policy, in full; and

  • warrant and represent that you are at least eighteen (18) years of age and have full legal capacity to enter into an agreement.

We may revise these Terms of Service from time to time by amending this page. We will email you using the email address you most recently provided to us to advise you that our terms have changed. By continuing to access our Website and/or use our Services once the revised terms have become effective, you agree to be bound by the revised terms. In the event that you do not agree to the revised terms, you must not access our Website or any of our Services and you should contact us to close your CoinJar accounts.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

We do not make any recommendations about trading in digital currencies (also known as "cryptocurrencies", "cryptoassets", "virtual currencies" or "virtual assets"). Please consider your own circumstances and obtain independent legal and financial advice before using our Services.

2. Use of the Website and Services

Like all investments, cryptoassets carry risk. Due to the potential volatility of the cryptoasset markets, the value of your investments may fall significantly and lead to total loss. If you reside in the United Kingdom, you should be aware that:

  • cryptoassets are complex and are unregulated by the Financial Conduct Authority in the UK;

  • you are unable to access the UK Financial Service Compensation Scheme or the Financial Ombudsman Service in relation to any dispute with CoinJar relating to trading in cryptoassets; and

  • Capital Gains Tax may be payable on profits.

We use third party banking, safekeeping and payment providers, and the failure of any of these providers could also lead to a loss of your assets. We recommend you obtain financial advice before making a decision to use your credit card to purchase cryptoassets or to invest in cryptoassets.

CoinJar may restrict or prohibit the use of any or all of its Services in any jurisdiction from time to time and without advance notice to you.

You may continue to use our Services if you are travelling, except if you are travelling in a sanctioned country or restricted country not supported by CoinJar ("Prohibited Jurisdictions"), in which case you will not be able to access our Services from those countries.

You must tell us if you have changed your residency to a different country.

If you disagree with these Terms of Service or any part of them, you must not use this Website or any of our Services.

You agree that CoinJar may communicate with you about its Services electronically. You are responsible for keeping your email address up to date in your account profile. If at any time you no longer wish to receive these communications, please contact support@coinjar.com.

3. Registration

To access parts of our Website or use some of our Services, you must be a registered user. You can register as a user by providing your name, email address, mobile phone number and certain identity information. You are also required to create a password and username, and confirm your acceptance of these Terms of Service.

We may, in our sole discretion, decline to open a CoinJar account for you.

You represent and warrant to us in opening an account with us that you are not acting on behalf of, or for the benefit of, anyone else, unless you are opening the account for and under the direction of the company that employs you or has duly authorised you as their legal representative to open an account with CoinJar in their name and on their behalf.

If you are opening a CoinJar account for a company, partnership or trust, you further represent and warrant that:

  • your company, partnership or trust has and will be operated in a way that is compliant with all relevant legislation, regulations, codes of conduct or regulatory guidance or directions;

  • you will notify us immediately if there is any change, by way of resignation, removal, appointment or death, of any of the directors, partners, trustees, settlor(s) or ultimate beneficial owners or any person authorised to operate your account with us; and

  • you will inform us immediately if the company, partnership, or trust is dissolved either on a voluntary or involuntary basis.

If you have applied for another account in the past with any of the same information, we reserve the right to not approve the new account and you may be required to access and use your previously approved account. If you were previously denied an account, or had an account closed by us, you may not be able to reapply for an account.

4. Digital Currency Services

CoinJar provides hosted digital currency accounts and fiat currency accounts which enable you to buy and sell digital currency by trading directly with CoinJar as principal, as well as send and receive digital currency with third parties ("Digital Currency Services"). We will process digital currency transactions in accordance with the instructions we receive from you. You are responsible for verifying the accuracy of all transaction information prior to submitting instructions to us. CoinJar accepts no responsibility for any loss or damages if you provide us with any wrong or false information, including but not limited to the incorrect wallet address, destination tag, or similar, of the receiver, or the incorrect username of the CoinJar user. We do not guarantee the identity of any user, receiver, requestee or other party.

CoinJar also allows users to buy and sell digital currency via its Instant Buy service. This involves you using your debit or credit card to fund the purchase. This is completed in real-time and incurs a fee. Your bank may also apply other fees and charges these are outside of CoinJar’s control. You agree to only use a debit or credit card in your own name. Before you use a credit card to fund the purchase of digital currency, you should consider whether this will result in cash advance fees and any associated higher interest rates.

We may include a margin or "spread" within our quoted digital currency asset prices.

CoinJar cannot cancel or reverse any digital currency transactions once they have been submitted to the relevant digital currency network. Digital currency transactions are subject to confirmation by the relevant digital currency network and may not be reflected in your account until this process is complete.

We may charge network fees to process digital currency transactions on your behalf. The network fee is calculated by CoinJar at its discretion and may change from time to time. We will notify you of the network fee at or before the time you authorise the digital currency transaction. CoinJar reserves the right to refuse to process any order or transaction for any reason.

CoinJar will, at its discretion, select those digital currencies it supports, and these may change from time to time. We assume no responsibility or liability in connection with any attempt to use your account to store, send or receive digital currencies in any form that we do not support. If we decide, at our discretion, to discontinue support for a digital currency, we will use reasonable efforts to assist you with moving or selling the digital currency that is no longer supported.

CoinJar does not own or control the underlying software protocols which govern the operation of digital currencies supported on our platform. We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee their functionality, security, or availability. You acknowledge and accept the risk that underlying software protocols relating to any digital currency you store in your accounts may change.

The underlying protocols are likely to be subject to sudden change in operating rules ("Forks"), and such Forks may materially affect the value, function, and/or name of the digital currency you store in your accounts. Where possible, we may provide you with notices or alerts on Forks. However, it is your responsibility to make yourself aware of, and consider how to deal with upcoming Forks. CoinJar may, at its discretion, decline to support either or both branches of a Fork. You acknowledge the risks presented by Forks and you accept that CoinJar has no responsibility to assist you to move or sell an unsupported branch of a forked protocol.

5. Stablecoins

CoinJar may from time to time support stablecoins, which are a class of digital currencies which generally purport to be backed by, or aim to maintain stable value relative to, another asset including fiat currency or commodities such as silver or gold. By buying or selling stablecoins from or to CoinJar, you agree that you have read, understood and accepted all of the terms and conditions and risks associated with each particular stablecoin.

You agree that, other than when explicitly specified, CoinJar is not the issuer of any particular stablecoin and has no obligation to (but may in our discretion) repurchase your stablecoins for any particular fiat currency or asset. You must redeem your stablecoins with the issuer directly in accordance with the terms associated with each stablecoin. CoinJar reserves the right to change, suspend, or discontinue any service in relation to any stablecoin at any time, including hours of operation or availability of any feature, without notice and without liability.

CoinJar makes no representation as to whether any particular stablecoin will hold their value as against any asset, nor as to the amount of reserves held by each issuer in relation to any stablecoin.

6. Payments & Refunds

Each transaction that you process using our services may be subject to a transaction fee. We may, at our discretion, deduct transaction fees from your accounts either on an individual per transaction basis or on a daily-consolidated basis.

We will deduct any applicable transaction fees from the digital currency or fiat currency balances you hold in your CoinJar accounts. By using our Website and our Services, you agree that we may use any digital currency and/or fiat currency ("funds") held in your CoinJar accounts to pay any outstanding amount owed by you to CoinJar under these Terms of Service (regardless of the digital currency or fiat currency to which those amounts relate). If you owe us an amount in one currency and do not have sufficient funds in that currency, we may deduct the fees in another currency to effect payment. Wherever practicable, we will notify you in advance before making such a deduction. If there are insufficient funds in your CoinJar accounts when we collect our fees, we may restrict your account access. You can restore your account access by depositing additional funds that at least meet the transaction fees owed to CoinJar. By depositing additional funds, you authorise CoinJar to deduct any amounts due from your CoinJar accounts before restoring your access.

You must only fund your account with deposit services supported by CoinJar and these may change from time to time. Deposits made via unsupported methods may be lost or subject to additional payment processing fees. You agree we may deduct the processing fees from available funds in your account. You must ensure that your deposit instructions are treated in confidence and not shared with anyone.

When you make an Instant Buy purchase using a debit or credit card for the first time, any digital currencies purchased using that amount (or any proceeds from selling those digital currencies) must remain within your account for a period of 7 days before it can be sent to an external wallet address or withdrawn to your linked bank account ("Reserved Balance"). Any purchases made with the same debit or credit card within this 7 day period will also form part of your Reserved Balance. You are still able to buy or sell any digital currencies purchased during the Reserved Balance period. After the 7 day period is complete, any subsequent purchases made using the same debit or credit card will not be subject to Reserved Balance.

The Reserve Balance feature is intended to reduce the ongoing risks of bank chargebacks and fraudulent payments passing through CoinJar. Further details in relation to Reserved Balances can be found on our Website.

Disputing a deposit service transaction, raising an investigation or error correction request with your bank for any reason (fraudulent or otherwise) will result in a transaction dispute fee. The transaction dispute fee is subject to change as determined by our payment provider and the most up-to-date fee can be found on our Website. You agree we may deduct the transaction dispute fee from any available funds in your CoinJar accounts.

When you make payments through CoinJar, CoinJar does not have control of, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase from, or sell to, a third party. We do not guarantee the identity of any user or other party or ensure that a buyer will complete a transaction. If there are any problems with the way in which a third party has transacted with you, or has provided services to you, you must handle them directly with that third party.

Capital Gains Tax may apply to profits. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. CoinJar is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

Goods and Services Tax ("GST"), Value Added Tax ("VAT") or Sales Tax may apply to some of our Services. All amounts payable under this Agreement to CoinJar are exclusive of any applicable taxes. If any applicable taxes are or become chargeable on any supply made by CoinJar and we are required to account to the relevant tax authority, you must pay to us (in addition to and at the same time as paying any other consideration for such supply) an amount equal to the amount of the tax. We will provide you with a valid receipt if any tax has been collected from you.

Given the irreversible nature of digital currency transactions, CoinJar will not offer refunds for any digital currency purchases or transactions made through its services.

7. CoinJar Exchange

CoinJar provides a digital currency exchange service ("CoinJar Exchange" or "Market") where you may buy and sell digital currency from other users through an account on CoinJar Exchange ("Exchange Account"). CoinJar acts as an agent by matching user’s instructions to buy or sell digital currency at a price nominated by the user against instructions from another user. Settlement and delivery of transactions is initiated immediately upon the matching of instructions. The user authorises CoinJar to settle the transactions from or to the user's Exchange Account, and to deduct any transaction fees (or other amounts owing under these Terms of Service) from the user’s Exchange Account.

All trades on CoinJar Exchange are final, unless we are required by law to reverse certain trades or where an error, glitch or loophole has occurred to cause trades that are not consistent with our Terms of Service or trading rules.

CoinJar has discretion to determine the minimum trading size.

Orders are generally matched in the order they are received. Limit orders are prioritised by the price you set, and then by time.

CoinJar Exchange is generally open at all times. We aim to announce any scheduled maintenance with at least 24-hours notice. Unexpected disruptions may occur due to technical issues.

CoinJar may participate in CoinJar Exchange as a buyer or seller:

  • to provide liquidity;

  • to hedge against market risk; and/or

  • for operational reasons.

Each purchase or sale of digital currency via CoinJar Exchange incurs a transaction fee. The transaction fee will depend on the particular currency pair you trade and our current fees are available on the CoinJar Exchange website. Transaction fees are always charged in the counter currency. When buying or selling digital currency on CoinJar Exchange, fees are additional to the order value. We may, at our discretion, adjust any of our transaction fees at any time.

Transaction fees are deducted from your Exchange Account on a daily-consolidated basis.

If any currency accounts within your Exchange Account are in deficit at any time, we may restrict further trading. By transferring additional funds into your Exchange Account, you authorise CoinJar to recover any account deficits before processing your transfer. By placing new trading orders (provided the new orders will not increase the account deficit), you authorise CoinJar to recover account deficits before settling to your Exchange Account. You also authorise CoinJar to place trading orders on your behalf to sell currencies with positive balances (in both your CoinJar accounts and your Exchange Account) to recover any deficits. You acknowledge and agree that the preceding authorisations and actions are fair and reasonable to protect both CoinJar and you against exposure resulting from rapidly fluctuating asset prices.

Exchange rates apply to all digital currency to digital currency pairs, and digital currency to fiat pairs on CoinJar Exchange. Exchange rates are described as either a Bid Prices (which is applicable to sales of the relevant digital currency) or Ask Prices (which is applicable to purchases of the relevant digital currency). The Bid Prices and Ask Prices (collectively "Prices") may not be the same at any given time and depend upon the best Prices available in the market. Orders are only processed when instructions from users are received and matched. The user acknowledges that Prices may change when processing their order instructions due to network delay.

To maintain an orderly market, prices of new orders cannot deviate significantly from the market price. Currently, CoinJar Exchange requires the price of new orders to be within 80% and 125% of the most recent market price. For example, if the last price is $500, the minimum order price is $400 and the maximum order price is $625, regardless of buying or selling.

We will make best efforts to match your buy and sell orders with other orders in CoinJar Exchange. In some circumstances we may be unable to completely fulfil your order, as this will depend on the liquidity available in CoinJar Exchange. We will not automatically cancel partially fulfilled orders and the remainder of your order will wait to be filled in CoinJar Exchange. We will not seek to fulfil your order outside of CoinJar Exchange. CoinJar reserves the right to refuse to process any order or transaction in its sole discretion.

CoinJar does not support self-trading. If a user trades against his/her own order, both orders will be cancelled out. If one order is larger than the other, the larger order will have the size difference remaining in CoinJar Exchange.

8. CoinJar Card

8.1 Australia

CoinJar Card is a prepaid Mastercard® issued by EML Payment Solutions Limited ABN 30 131 436 532 AFSL 404131 pursuant to license by Mastercard. CoinJar Australia Pty Ltd is an authorised representative of EML Payment Solutions Limited (AR No 1290193). Mastercard and the circles design are registered trademarks of Mastercard International Incorporated.

Material provided on our Website in relation to CoinJar Card is general information only and does not consider your objectives, financial situation or needs. You should consider if CoinJar Card is appropriate for you before making a decision to acquire it. For additional details about the issue of CoinJar Card, please refer to the Product Disclosure Statement and Financial Services Guide.

EML has prepared a Target Market Determination which describes who CoinJar Card may be suitable for, based on likely needs, objectives, and financial situation. CoinJar must take reasonable steps that will, or are reasonably likely to, result in distribution of CoinJar Card being consistent with the Target Market Determination.

8.2 United Kingdom

CoinJar Card is a prepaid Mastercard® issued by EML Money DAC pursuant to licence by Mastercard International Inc. The e-money associated with your card is issued by EML Money DAC, authorised by the Central Bank of Ireland under the European Union (Payment Services) Regulations 2018 (Ref C95957). Please read the card terms and conditions and seek appropriate advice before making any decision to acquire it. Mastercard and the circles design are registered trademarks of Mastercard International Incorporated.

9. CoinJar Earn

CoinJar Earn is a service which allows you to stake selected cryptocurrencies and interact with certain decentralised finance (DeFi) protocols (each a Program) using funds available in your CoinJar account.

CoinJar Earn is currently only available to verified users who reside in Australia and are serviced by CoinJar Australia Pty Ltd. Unverified users, or users who reside outside of Australia (for example, the United Kingdom), are not permitted to participate in CoinJar Earn.

CoinJar Earn is offered on a "pass-through" basis. This means that CoinJar acts on your instructions to:

  • transfer your funds into, and withdraw your funds from, the selected underlying protocol under each Program; and

  • pass on any rewards received into your CoinJar account.

CoinJar may charge fees for providing CoinJar Earn services, which will be notified to you before you add funds into a Program.

Interacting with third party protocols can be risky and can lead to a total loss of any assets supplied into a Program. Before using CoinJar Earn, we encourage you to do your own research and never invest more than you can afford to lose. Please also read and familiarise yourself with the "Additional Risks Specific to CoinJar Earn" section in these Terms of Service before choosing to proceed with adding funds into a Program.

Before adding cryptocurrencies into a Program, we will notify you of the following:

  • information about the protocol which your cryptocurrency will be staked or supplied into if you choose to add funds into the Program;

  • the past 7-day average annual percentage yield;

  • any applicable fees;

  • any applicable "lock-in" periods, during which you may not be able to withdraw your cryptocurrencies from the Program;

  • any applicable "unbonding" periods, which is the amount of time required to finalise the process of unstaking or withdrawing your funds from an underlying protocol (during which rewards may not accrue); and

  • key risks to be aware of in relation to the Program.

Please note that the rate of rewards payable in respect of each Program is variable and is determined by the underlying protocols on a periodic basis. CoinJar is not involved in the operation of the underlying protocols and has no control of the amount of rewards paid by the underlying protocols.

CoinJar will only use funds which are added by users into CoinJar Earn Programs for the purposes of staking or supplying into the underlying protocol, and to pay any applicable fees. For operational reasons, CoinJar may maintain an excess amount of staked tokens and protocol tokens in its inventory, and may schedule transfers of funds added by users into protocols.

CoinJar may terminate or cease offering a Program at any time due to commercial, legal, technological or regulatory reasons without advance notice to you. If we cease to offer a Program, we will unstake or withdraw all funds held within the underlying protocol and return any balances and accrued rewards to your CoinJar Account.

The use of CoinJar Earn may have tax implications, including Capital Gains Tax, and you should obtain professional tax and financial advice prior to using CoinJar Earn.

10. Security

Under no circumstances may you access, use, or sign in to, the account of another CoinJar user. You must ensure that your email, devices, password and two factor authenticator codes are kept confidential and maintained with adequate security. You must also ensure you are visiting the correct website before attempting to sign in to your accounts. CoinJar may restrict your service and/or disable your account access or password at CoinJar’s sole discretion if it is suspected that your accounts have been compromised. CoinJar accepts no responsibility for any loss or damage you may suffer in connection with your accounts being compromised, even where our actions or omissions have caused or contributed to the loss or damage (provided that we have not acted fraudulently, in breach of applicable laws or in wilful breach of these Terms of Service).

If you grant express permission to a third party to access or connect to your CoinJar account(s), either through the third party’s product or service or through the CoinJar Website, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Terms of Service. You are fully responsible for all acts or omissions of any third party with access to your CoinJar account(s) and any action of such third party shall be considered to be an action authorised by you. Further, you acknowledge and agree that you will not hold CoinJar responsible for, and will indemnify CoinJar from, any liability arising out of or related to any act or omission of any third party with access to your CoinJar account(s).

We may require you to enable multi-factor authentication to your accounts by adding, including but not limited to, SMS-based and/or App-based two factor authentication.

We will communicate with you through the Website or through CoinJar Support using an address from the domain "@coinjar.com". You should ignore any emails that appear to come from us that request your password, security information or login details. These emails may come from other parties seeking to use this information to access your accounts.

11. Risks

11.1 General Risks

Investing in digital currencies is inherently risky. The legal status of digital currencies is uncertain. They are not legal tender in most jurisdictions. Using our Services carries a range of risks, including the following:

  • Market risk: This is the risk that the value of any digital currencies you hold will fluctuate. Changes in value may be significant, may occur rapidly and without warning, and may lead to a total loss. Digital currency valuations may be impacted by a range of market factors (such as market volatility; market sentiment; movements in interest rates; domestic and international economic conditions, which generally affect business earnings; political events, war, natural events; and changes in government, monetary policies, taxation and other laws and regulations).

  • Liquidity risk: Digital currencies may, at a particular time, have limited liquidity which may make it difficult or impossible for you to sell your currency holding when you wish to do so, at a price which you consider to be reasonable.

  • Availability risk: We do not guarantee that our Services will be available at any particular time or that our Services will meet any minimum uptime levels. It may not be possible for you to buy, sell, store, transfer, send or receive digital currency using CoinJar when you wish to do so.

  • Security risk: This is the risk that your CoinJar accounts may be compromised and that you may lose some or all of your digital currency. CoinJar may implement systems to reduce the risk of accounts being compromised, but it is not possible for CoinJar to eliminate this risk. To safeguard your funds, we store at least 90% of all customers’ crypto currencies offline in multiple geographically-redundant secure locations. This is deemed as ‘cold-storage’. By using cold storage, we prevent hackers from being able to access your holdings. Any cryptoassets stored online or also what is known as the ‘hot wallet’ is protected by our in-house multi-sig technology which effectively prevents against both theft and loss. This security feature is supported by one of the leading custodial and security providers in the market, BitGo, a secure and compliant custodial and liquidity service. Customers depositing or withdrawing their respective cryptocurrencies are processed on the blockchain, with the whole process being supported by BitGo. BitGo holds insurance policies for the cryptocurrencies held in their custody. The insurance policy does not cover any loss caused by any unauthorised access into your CoinJar account. You must follow CoinJar's instructions regarding adequate security of your user ID and passwords, including as set out in these Terms of Service, on our Website and as otherwise notified to you from time to time.

  • Trading risk: Like many investments, cryptoassets carry risk. Given the potential price volatility which can be extreme, the value of your cryptoassets may fall rapidly or over time. If you reside in the UK and invest in cryptoassets with us, you will not be able to access the Financial Ombudsman Service and you will not have access to the Financial Services Compensation Scheme in the unlikely event that we become insolvent.

  • Third party and counterparty risk: You should be aware that we use third party payment providers, custodians, and banking partners in the provision of our Services. In Australia, these third parties include Zepto, Checkout, BitGo and Fireblocks. In the United Kingdom, these third parties include Checkout, Clear Junction, BitGo and Fireblocks. A failure of any of these payment, safekeeping or banking providers could lead to a loss of the funds you have invested with us.

By using the Website and/or our Services, you represent and warrant that you understand the risks associated with digital currencies.

11.2 Additional Risks Specific to CoinJar Earn

By utilising CoinJar Earn, your digital currency assets will be exposed to significant software, regulatory and counterparty risk, as follows:

  • Software risk: Protocols, including DeFi applications and staking validator nodes, rely on underlying software code which run on the blockchain. This software code may have bugs, errors or vulnerabilities which may cause the software to malfunction or be exposed to hacks, which may result in a total loss of funds from the protocol. There is no method to guarantee that a protocol is free from software risk, even with security audits completed by independent professionals.

  • Regulatory risk: The current and future regulatory treatment of CoinJar Earn is uncertain. It is possible that CoinJar Earn or any one of its Programs will be forced to cease operating in the future without advance notice to you because of changes in legislation, regulatory intervention or court order. It is impossible to predict how these events may affect any funds held by a user within a Program.

  • Counterparty risk: This is the risk that any funds added to a Program may not be repaid by a protocol (eg due to a failure of a third party to repay borrowed assets to the protocol) or that rewards may not be paid by a protocol as expected.

CoinJar cannot guarantee the security of assets which are staked or locked within DeFi applications, and the failure of staking validator nodes or the relevant DeFi Protocol (including a breach, downtime, technological bugs, or slashing due to incorrect validation, collectively a Protocol Failure) may lead to a total loss of your assets.

In the event of a Protocol Failure, CoinJar may pause or disable a user's ability to redeem any digital currencies held within the relevant CoinJar Earn Program until the relevant protocol has recovered or resumed normal operations.

By choosing to use CoinJar Earn, you agree that you understand the risks involved and that CoinJar will not be liable for any loss incurred due to Protocol Failure.

12. Acceptable use

You must not use this Website and/or our Services in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website.

You agree to use this Website and/or our Services in good faith, in accordance with these Terms of Service and any applicable law or regulation.

You will comply with any policies, procedures, operating rules and directions of CoinJar from time to time in relation to your access to the Website and the manner of performance of your obligations under these Terms of Service.

You are responsible for all dealings through the Website, including any fraudulent, illegal or unauthorised dealings, which are attributable to your conduct. You release and discharge CoinJar from any liability in respect of such dealings.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without CoinJar’s express written consent.

Users agree to provide CoinJar with accurate, current and complete information about themselves as prompted by our registration or service process, and keep such information updated.

CoinJar reserves the right to take any action necessary to recover funds, digital currencies or assets acquired by you as a result of fraudulent, unauthorised or exploitative behaviour, including legal action. CoinJar may also take such action to recover any funds, digital currencies or assets which you have received, acquired or accumulated due to an error, glitch or loophole. We will notify you if such error has occurred and you agree that it is our right to recover any such funds, digital currencies or assets, including by deducting funds from your CoinJar accounts.

13. Suspension, termination and cancellation

CoinJar may:

  1. refuse to complete, or block, or reverse a transaction you have authorised (even after funds have been debited from your CoinJar accounts);

  2. suspend, restrict, or terminate your access to any or all of the Services provided by CoinJar; and/or

  3. deactivate or close your CoinJar accounts with immediate effect.

CoinJar may do the above for any reason, including but not limited to where:

  • we are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;

  • we reasonably suspect you have breached our Terms of Service, Privacy Policy and/or other policies;

  • we are concerned that a transaction is erroneous or about the security of your CoinJar accounts or we suspect our Services are being used in a fraudulent or unauthorised manner;

  • we suspect money laundering, terrorist financing, fraud, or any other financial crime; and

  • use of your CoinJar account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or compliance associated with your CoinJar account’s activity.

CoinJar reserves the right to request identification information (including but not limited to passport, driver’s license, identity card, Government issued photographic identification, utility bills, residential certificate, signed certification of cohabitation, bank account statements, or similar) or additional information (including source of wealth, net worth, nature of and purpose for utilising our Services, occupation, employer and salary) depending on the amounts requested through our service or any apparent suspicious activity which may indicate money-laundering, terrorist financing or other illegal or fraudulent activity.

You must only use our Services with bank accounts held directly in your name. We may request identification of the bank account to or from which funds are transferred where we suspect or are notified of unauthorised transactions or otherwise to comply with applicable law and regulations. Your accounts and any pending transactions may be frozen until the identity check has been considered satisfactory by CoinJar as required by its internal fraud prevention measures or applicable anti-money laundering and counter-terrorist financing laws.

CoinJar may request additional identification information from you at any time at the request of any competent authority or by application of any applicable law or regulation. CoinJar may also make enquiries using third parties to verify your identity, any information you have supplied and/or your account details.

CoinJar reserves the right to restrict your service and/or disable your account access and password, and to refuse to process or cancel any pending transaction, as required by law, court order or any other binding government order. Subject to applicable law, we will make best efforts to assist you with, and allow you a reasonable amount of time to, comply with termination or withdrawal procedures requested by CoinJar.

In the event that CoinJar has made reasonable efforts to obtain instructions from you as to where to transfer any funds, assets or digital currencies in a closed CoinJar account but is unable to obtain such instructions or is unable to transfer as instructed due to no fault of CoinJar, applicable law may require us to report the funds, assets or digital currencies as unclaimed to the authorities in the relevant jurisdiction and to transfer them.

14. Prohibited Jurisdictions

By using CoinJar's Services, you represent and warrant that you are not:

a) an entity or individual located, organised or resident in a sanctioned jurisdiction;

b) an entity or individual on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List (“SDN List”) or Consolidated Non-SDN Lists;

c) an entity or individual on the United Nations Security Council Consolidated List or regional or foreign government watchlists; or

d) an entity directly or indirectly owned or controlled by any entity or individual falling within (a), (b) or (c) above.

Please refer to our "Prohibited Jurisdictions" article in our Knowledge Base here which sets out the jurisdictions in which our Services are not offered.

CoinJar reserves the right to lock, disable and/or close accounts for sanctions compliance violations. Any sanctions violations will be reported to the applicable authorities as soon as possible.

15. Complaints

If you experience an issue in relation to your use of our Services, please contact Support at first instance at support@coinjar.com. You may raise a complaint via the below means if your initial support request was not satisfactorily resolved.

15.1 Australia

If you have a complaint in relation to our Services, please quote your Support request number and send your complaint to CoinJar at:

Phone: 1300 264 652

Email: complaints@coinjar.com

Our preferred method of receipt is via email. We will endeavour to resolve your complaint within 5 business days at first instance, and to provide you with a final response to your complaint no later than 30 days from the date of receipt of your complaint.

CoinJar is not a member of the Australian Financial Complaints Authority (“AFCA”). Customers are not able to access AFCA in relation to any dispute relating to our Services, except CoinJar Card.

If your complaint relates to CoinJar Card, please refer to the complaints process set out in the Product Disclosure Statement.

15.2 United Kingdom

If you have a complaint in relation to your use of our Services, please quote your Support request number and send your complaint to CoinJar at:

Phone: +44 20 3322 8876

Email: complaints@coinjar.com

Our preferred method of receipt is via email. We will endeavour to resolve your complaint within 5 business days at first instance, and to provide you with a final response to your complaint no later than 30 days from the date of receipt of your complaint.

If your complaint relates to CoinJar Card, please refer to the complaints process set out in the CoinJar Card Terms and Conditions.

16. Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this Website.

Your use of this Website does not grant or transfer any rights, title or interest to you in relation to this Website. However, we do grant you a licence to access the Website on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this Website is prohibited and may result in civil and criminal penalties. In addition, you must not copy the contents of this Website to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this Website or any part of it is prohibited, except to the extent permitted by law. However, you are permitted to make one copy of any page on our Website for the purpose of viewing the content for your own personal use and you may draw the attention of others within your organisation to content posted on our Website.

17. Linking to our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any Website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

18. Third party links and resources in our Website

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

19. Warranties

This Website is provided ‘as is’ without any representations or warranties, express or implied. CoinJar makes no representations or warranties in relation to this Website or the information and materials provided on this Website.

Without prejudice to the generality of the foregoing paragraph, CoinJar does not warrant that:

  • this Website will be constantly available, or available at all;

  • the information on this Website is complete, true, accurate or non-misleading; or

  • any part of this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

20. Limitations of liability

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website, or any content on it, and / or to the Services, whether express or implied.

CoinJar will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website and/or our Services:

  • for any use of, or inability to use, our site and/or our Services;

  • for any use of or reliance on any content displayed on our Website;

  • for any indirect, special or consequential loss; or

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if a loss was foreseeable, or if CoinJar has been expressly advised of the potential loss.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any Website linked to it.

We assume no responsibility for the content of Websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked Websites. We will not be liable for any loss or damage that may arise from your use of them.

Without prejudice to the limitations and exclusions set out above, to the extent that CoinJar is liable to you, whether in contract (including under any indemnity or warranty), in tort (including negligence), for breach of statutory duty, or otherwise, under or in connection with these terms, CoinJar’s liability to you is limited to the total amount of fees paid by you to CoinJar for the Services during the 12 months immediately preceding the date on which the relevant claim arose.

If you reside in Australia or are a Global Customer: Nothing in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.

If you reside in the United Kingdom: Nothing in these Terms of Service excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

21. Other parties

We may use third party service providers in the provision of parts of our Services, including our technology and banking partners.

You accept that CoinJar has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against CoinJar’s officers or employees in respect of any losses you suffer in connection with the Website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect CoinJar’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as CoinJar.

Save as expressly stated otherwise, a person who is not a party to these terms has no right to enforce any term of this agreement under the Contracts (Rights of Third Parties) Act 1999 in the United Kingdom, or equivalent applicable laws in any jurisdiction.

22. Indemnity

You hereby indemnify CoinJar and each of its directors, officers, shareholders, advisers, consultants, agents and contractors against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by CoinJar to a third party in settlement of a claim or dispute on the advice of CoinJar’s legal advisers) incurred or suffered by CoinJar arising out of any breach by you of any provision of these Terms of Service, or arising out of any claim that you have breached any provision of these Terms of Service.

23. Severability

If any provision of these terms is or becomes invalid, illegal or unenforceable in any jurisdiction in connection with its performance, such provision shall be deemed deleted to the minimum extent necessary in the relevant jurisdiction (which can include deleting only part of the relevant provision) and shall continue in full force and effect without deletion in jurisdictions where it is not invalid, illegal or unenforceable.

24. Assignment

You must not assign, novate, subcontract or otherwise dispose of any or all of your rights and obligations under this Agreement without our prior written consent.

25. Entire agreement

These Terms of Service, together with our privacy policy and disclaimer, constitute the entire agreement between you and CoinJar in relation to your use of this Website and Services, and supersede all previous agreements in respect of your use of this Website and our Services.

We each acknowledge that, in entering into these terms, we do not rely on, and shall have no remedies in respect of, any statement, promises, assurances, warranties, representations or understandings (whether oral or written, and whether made innocently or negligently) made by or on behalf of the other that are not set out in these terms.

We each agree that we shall have no claim for innocent or negligent misrepresentation based on any statement in these terms, save that nothing in these terms shall limit or exclude any liability for fraud.

26. Law and jurisdiction

If you reside in Australia or are a Global Customer:

These terms of use, its subject matter and its formation, are governed by the laws of Victoria, Australia. We each agree to submit to the non-exclusive jurisdiction of the courts of Victoria.

If you reside in the United Kingdom:

If you are a consumer, these terms of use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

27. Contact us

To contact us, please email support@coinjar.com.

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Your information is handled in accordance with CoinJar's Privacy Collection Statement.

CoinJar’s digital currency exchange services are operated by CoinJar Australia Pty Ltd ACN 648 570 807, a registered digital currency exchange provider with AUSTRAC.

CoinJar Card is a prepaid Mastercard® issued by EML Payment Solutions Limited ABN 30 131 436 532 AFSL 404131 pursuant to license by Mastercard. CoinJar Australia Pty Ltd is an authorised representative of EML Payment Solutions Limited (AR No 1290193). We recommend you consider the Product Disclosure Statement and Target Market Determination before making any decision to acquire the product. Mastercard and the circles design are registered trademarks of Mastercard International Incorporated.

Google Pay is a trademark of Google LLC. Apple Pay and Apple Watch are trademarks of Apple Inc.

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