Terms of Service

Last updated: 8 December 2023

1. Acceptance of Terms of Service

1.1. 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.

If you reside in the United Kingdom, the Bailiwicks of Jersey and Guernsey, or the Isle of Man, these Terms of Service do not apply and the Terms of Service available at www.coinjar.com/uk/legal apply instead.

If you reside in the United States of America, these Terms of Service do not apply and the Terms of Service available at www.coinjar.com/us/legal apply instead.

1.2. Your sole and exclusive counterparty to these Terms of Service is 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).

1.3. 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.

1.4. We may revise these Terms of Service from time to time by amending this page and providing you with reasonable notice. We will email you using the email address you most recently provided to us to advise you that our terms will be changing. 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.

1.5. 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 CoinJar Support.

2. Use of the Website and Services

2.1. Risk Warning

2.1.1. We do not make any recommendations about trading in digital currencies (also known as "cryptocurrencies", "cryptoassets", "digital assets" or "virtual assets"). Before making the decision to buy, sell or hold any cryptocurrencies, you should conduct your own due diligence and consult your financial advisor. It is your responsibility to determine whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance.

2.1.2. 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.

2.2. Access to CoinJar In Other Jurisdictions

2.2.1. CoinJar may, in order to protect our legitimate business interests and acting reasonably, restrict or prohibit the use of any or all of its Services in any jurisdiction due to commercial reasons, regulatory requirements or sanctions. If possible, we will endeavour to provide reasonable advance notice of such restrictions to allow you to withdraw any remaining balances in your CoinJar account.

2.2.2. 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.

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

3. Registration

3.1. 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.

3.2. To comply with our anti-money laundering obligations, we use third party service providers to electronically verify your identity. This may result in a soft footprint being left on your credit report, which is conducted solely for the purpose of verifying your identity and is not a credit check. These searches do not have an impact on your credit file and will not be seen by any company performing their own credit check.

3.3. We may, in our sole discretion, decline to open a CoinJar account for you based on various factors, including but not limited to our risk assessment procedures, compliance with applicable laws and regulations, and our internal policies.

3.4. 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.

3.5. 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.

3.6. 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

4.1. CoinJar Accounts

CoinJar provides customers access to 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. 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.

4.2. Instant Buy

4.2.1. Purchasing Digital Currencies via Instant Buy

CoinJar 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 apply other fees and charges which 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.

4.2.2. Reserved Balance

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.

Please note that Instant Buy purchases made using Apple Pay or Google Pay will always be subject to Reserved Balance regardless of the debit or credit card used.

The Reserved 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 Knowledge Base.

4.3. Deposits and Payments

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, including unsupported cryptocurrency protocols, are likely to be lost. If your deposit is deemed by us to be recoverable, you acknowledge that there will be a cost associated with us recovering the deposit and agree that we may deduct those costs 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 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.

4.4. Finality of Digital Currency Transactions

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.

4.5. Supported Digital Currencies

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.

4.6. Changes to Protocols and Forks

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 may 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 reasonably possible, we will 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

5.1. Risks Associated With 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.

In particular, there is a risk that any particular stablecoin:

• may not hold their value as against any fiat currency; or
• may not hold their value as against any other asset.

5.2. Redemption of Stablecoins

You acknowledge that CoinJar is not the issuer of any particular stablecoin and has no obligation to repurchase your stablecoins for any particular fiat currency or asset. Where CoinJar ceases to support trading of a stablecoin, 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 advance notice to you.

6. Payments & Refunds

6.1. Transaction Fees

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.

6.2. Spreads

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

6.3. Network Fees

We may charge network fees to process digital currency transactions on your behalf. We will notify you of the network fee at or before the time you authorise the digital currency transaction. The network fee quoted to you by CoinJar is calculated based on prevailing blockchain network fees and market standards. These are influenced by factors such as network demand at a particular time.

Please note that the network fee paid by you to CoinJar may be lower or greater than the network fee ultimately paid to the blockchain network to process your transaction. This may be caused by changes in network conditions between the time a quote is provided and the time the transaction is actually processed.

6.4. Dispute Fees

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. In order for us to protect our legitimate business interests and acting reasonably, you agree we may deduct the transaction dispute fee from any available funds in your CoinJar accounts, to the extent that is reasonable and proportionate to the context of the dispute.

6.5. Applicable Tax

6.5.1. Goods and Services Tax ("GST"), Value Added Tax ("VAT"), or equivalent sales taxes may apply to 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, we will notify you and 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.

6.5.2. Capital Gains Tax may be payable on 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.

6.6. Set Off

CoinJar may combine or set-off the balances of two or more of any type of CoinJar accounts (e.g. a digital currency account and a fiat currency account, or even two different digital currency accounts). This may happen when one account is in debit, and another is in credit. For example, an account may be in debit if there is an outstanding amount owed to CoinJar resulting from daily-consolidated transaction fees. Where this is the case, the credit balance in one account can be used to repay the debit balance in another account. CoinJar will promptly inform you if it has exercised this right and CoinJar need not give you notice in advance. Further, CoinJar may reasonably delay, block or refuse any withdrawal from any of your CoinJar accounts while reviewing whether to exercise or arranging to exercise the set-off right in this clause, and CoinJar will incur no liability to you if it does so.

7. CoinJar Exchange

7.1. What is CoinJar Exchange?

7.1.1. CoinJar Exchange is an advanced digital currency exchange platform ("CoinJar Exchange") which gives users more control over their buy and sell orders, including the ability to place market orders, limit orders, and to view all current quotes on CoinJar Exchange. All use of CoinJar Exchange is subject to the trading rules available on our Website ("Trading Rules").

7.1.2. Users have access to a separate account on CoinJar Exchange which can be funded and used to place orders on CoinJar Exchange.

7.1.3. CoinJar acts as an agent by matching the user’s instructions to buy or sell currencies at a price nominated by the user against instructions from another user.

7.1.4. CoinJar has discretion to determine the minimum trading size.

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

7.1.6. 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.

7.2. How do users trade on CoinJar Exchange?

7.2.1. When a user submits an order on CoinJar Exchange, CoinJar will attempt to match the instruction with a quote available on CoinJar Exchange. 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 CoinJar Exchange account, and to deduct any transaction fees (or other amounts owing under these Terms of Service) from the user’s Exchange Account. In some circumstances, we may be unable to completely fulfil your order, as this will depend on the liquidity available in CoinJar Exchange. The remainder of any partially fulfilled orders will wait to be filled in CoinJar Exchange. CoinJar reserves the right to refuse to process any order or transaction in its sole discretion.

7.2.2. 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 will take reasonable steps to prevent pricing errors from occurring. Should a pricing error occur due to a typographical error or obvious mistake in pricing, CoinJar will not be liable for any damages, claims, losses, liabilities or costs arising from the pricing error. Any dispute arising from a pricing error will be resolved on the basis of the fair market price, as reasonably determined by CoinJar, of the relevant trading pair at the time such pricing error occurred. Users acknowledge that prices may change when processing their order instructions due to network delay.

7.3. Market Making

7.3.1. CoinJar or its related entities may participate in CoinJar Exchange as a market maker or taker to provide liquidity, to hedge against market risk, and for operational reasons. You acknowledge, agree, and accept that, as part of this activity:

• we may enter into any transaction with you as your counterparty;
• we may maintain positions in various digital currencies, including positions that are contrary to your positions; and
• such market making activities may be done by way of algorithmic trading.

7.3.2. Our market making activity can have an impact on the price of the digital currencies and liquidity available on our platform. We may realise a profit or equally a loss in connection with market making activity.

7.4. CoinJar Exchange Fees

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 in accordance with the Trading Rules.

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.

7.5. CoinJar Exchange API

CoinJar Exchange allows users to trade using an Application Programming Interface Key ("API Key") that is specific to each user. You must keep your API Key secure, confidential and safe. All instructions provided to CoinJar through the API using your API Key will be deemed to be instructions authorised by you and will be binding on you. You may revoke your API keys at any time using the Website.

8. CoinJar Card

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.

9. CoinJar Bundles

9.1. What are CoinJar Bundles?

CoinJar Bundles is a service offered by CoinJar which allows users to easily diversify their portfolio by investing in baskets of cryptocurrencies with pre-defined allocations, either on a proportional basis or a cap-adjusted basis ("Bundles"). When you add funds into a Bundle, you instruct us to initiate multiple purchases of cryptocurrencies on your behalf in accordance with the allocations indicated to you within the Bundle.

Please note that you are unable to purchase Bundles directly. Bundles simply assist you to purchase individual cryptocurrencies on a diversified basis, without needing to place multiple buy orders.

For example:

• if a user adds $100 AUD into a Bundle with a proportional allocation of 50% Bitcoin and 50% Ether ("Popular Duo Bundle"), $50 AUD will be used to purchase Bitcoin and $50 AUD will be used to purchase Ether; and

• if a user adds $100 AUD into a Bundle with a cap-adjusted allocation of Bitcoin, Ether and Ripple ("Popular Trio Bundle"), as at the time of writing, $50 AUD will be used to purchase Bitcoin, $46 AUD will be used to purchase Ether and $4 AUD will be used to purchase Ripple. This allocation is reviewed and updated approximately every quarter.

9.2. Rebalances

A user can initiate a rebalance of their holdings within each Bundle if:

• CoinJar makes a change to the pre-defined allocations of cap-adjusted Bundles;
• CoinJar adds or removes a type of cryptocurrency within each Bundle; or
• the prices of cryptocurrencies change such that the cryptocurrencies held within a Bundle do not reflect the target allocation.

For example, over time, the value of Bitcoin may have increased and the value of Ether may have decreased such that the value of the cryptocurrencies held within a user's Popular Duo Bundle may be at a proportion of 75% Bitcoin and 25% Ether. When a user initiates a rebalance, Bitcoin will be sold and Ether will be purchased, such that the value of the cryptocurrencies held within the bundle will reflect a proportion of 50% Bitcoin and 50% Ether.

Adding funds into a Bundle or rebalancing a Bundle will incur transaction fees for the purchase or sale of the cryptocurrencies within the Bundle. No additional fees apply for the use of the CoinJar Bundles feature.

For more information about CoinJar Bundles, please refer to our Knowledge Base.

10. CoinJar Rewards

10.1. CoinJar Rewards is a loyalty scheme provided by CoinJar which enables users to earn CoinJar Rewards Points as they use CoinJar's services. CoinJar Rewards Points can only be used to redeem rewards offered by CoinJar on its Website, including its mobile applications.

10.2. CoinJar makes no representation that CoinJar Rewards Points have any intrinsic value except that they may be used to redeem rewards that are made available by CoinJar at its sole discretion from time to time. If your CoinJar Rewards Points balance is insufficient to make any redemptions through the CoinJar Website, CoinJar will not redeem your CoinJar Rewards Points for the partial value of any rewards.

10.3. If you close your CoinJar Account, or if we close your CoinJar Account in accordance with these Terms of Service, any remaining CoinJar Rewards Points in your account will be forfeited.

10.4. Users residing in the United Kingdom are unable to access CoinJar Rewards.

10.5. For up-to-date information about how you can use and redeem CoinJar Rewards Points, please refer to our Knowledge Base.

11. Security

11.1. Your Responsibility to Keep Your Account Secure

11.1.1. You are solely responsible for taking necessary security measures to protect your CoinJar Account and to keep your login credentials secure. 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 CoinJar website before attempting to sign in to your CoinJar account.

11.1.2. 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.

11.1.3. 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.

11.1.4. 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 in relation to your failure to keep your login credentials secure.

11.2. Phishing, Viruses and Malware

We are not liable for any damage or interruption caused by computer viruses, spyware, Trojan horses, worms, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We advise the use of reputable virus screening and malware prevention software on all your devices. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.

11.3. Access by Third Parties

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).

12. Risks

12.1. 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 third party custodial and liquidity services. Customers depositing or withdrawing their respective cryptocurrencies are processed on the blockchain, with the whole process being supported by Fireblocks Ltd. and BitGo Trust Company, Inc., a South Dakota chartered trust company ("BitGo"). BitGo holds limited 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 or any transfers authorised by you. 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: Cryptoassets carry high 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.

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

13. Acceptable use

13.1. General Prohibitions on Use

13.1.1. 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.

13.1.2. 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.

13.1.3. 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.

13.1.4. 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.

13.1.5. 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.

13.1.6. 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.

13.2. Fraudulent, Unauthorised or Exploitative Behaviour

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.

14. Suspension, termination and cancellation

14.1. General

14.1.1. CoinJar may:

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

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

• deactivate or close your CoinJar accounts with immediate effect,

for reasons including, but not limited to when:

• 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 are concerned that unusual trading activity is occurring on your account;

• 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.

14.1.2. 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.

14.1.3. 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.

14.1.4. 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.

14.2. Enhanced Customer Due Diligence

14.2.1. 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.

14.2.2. 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.

14.2.3. 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.

15. 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 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.

16. Complaints

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

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.

17. 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.

18. 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.

If you reside in or have audiences who reside in the United Kingdom, you should be aware that there are specific regulations which prohibit the promotion of cryptoassets without appropriate authorisation.

We reserve the right to withdraw linking permission without notice.

19. 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.

20. 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.

21. Limitations of liability

21.1. 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.

21.2. 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.

21.3. 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.

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

21.5. 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.

21.6. 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.

21.7. Without prejudice to the limitations and exclusions set out above, CoinJar’s liability to you is limited to the actual amount of loss or damage which is caused directly and is reasonably foreseeable by our breach of these terms, and shall in no event exceed an amount equal to the aggregate fees received by us from you in connection with the supply of Services to you in the preceding 12 month period.

21.8. 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.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.

27. Law and jurisdiction

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.

28. Contact us

To contact CoinJar Support, please email support@coinjar.com.