Legals

Last updated on March 01, 2023

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By accessing or continuing to use our Website, its associated applications (together the Platform)and/or related services, you agree to abide by these terms and conditions, including our Privacy Policy and/or any other of our policies applicable to you. If you do not agree with any of these terms, and/or the terms of our Privacy Policy and/or any other of our policies applicable to you, you should cease using our Website and/or Platform.

General

  1. The Platform is owned and operated by Arch Ventures Pty Limited (ACN 660 159 240) (hereafter referred to as ‘Arch Ventures’, ‘us’, ‘we’ and ‘our’). As noted above, your continued use of our Website and/or its associated applications indicates your agreement to these terms and conditions of use (Website Terms), our Privacy Policy and/or any other of our policies.
  2. Please read the following Website Terms to understand your rights and obligations when accessing our Platform.
    We operate a Digital Currency Exchange (DCE) whereby users are able to trade by making a deposit of cryptocurrency or fiat currency. The users are entitled to:
    • Receive settlements and payments in cryptocurrency and fiat currency;
    • Deposit fiat currency and convert it into cryptocurrency;
    • Deposit cryptocurrency and convert it into fiat currency;
    • Trade using cryptocurrency and fiat currency;
    • Use our payment gateway which enables transactions between merchants and clients for various transactions using cryptocurrency;
    In order to use the Services, you will also need to agree to our DCE Terms of Use which will be separately available.
  3. We may also offer additional products and services from time to time to you. By browsing or accessing our Website and/or its associated applications and using the Services, you agree to be bound by these Website Terms and acknowledge that you have read and understood them. If you do not accept these Website Terms, you must immediately cease using our Platform.
  4. We reserve the right to amend these Website Terms from time to time. Amendments will be effective as soon as such changes are notified on the Website and/or its associated applications. Your continued use of the Website and/or its associated applications and our Services following such notification constitutes agreement by you to be bound by these Website Terms as amended.
  5. You should regularly review these Website Terms. Where there is any inconsistency between the content on the Website (and/or its associated applications ) and these Website Terms, the Website Terms shall prevail to the extent of any inconsistency.
  6. These Website Terms constitute the entire agreement between you and us with respect to their subject matter and supersede all prior agreements and understandings between you and us in connection with the Website and with respect to their subject matter.

Information contained on our Platform

  1. The content and information we present on our Website is intended to provide a summary of the subject matter covered. While we use all reasonable steps to ensure the accuracy and completeness of information and content on our Website, to the greatest extent permitted by law, including the Australian Consumer Law, we give you no warranty concerning the accuracy or completeness of our content or information. Content and information on our Website may change without notice to you, but we do not warrant that we will keep this content or information updated. We are not liable to you or anyone else if the content or information on our Website is not up-to-date, accurate or complete.
  2. We are not liable to you or anyone else if any part of our Website (or a website we link to) causes interference with or damage to your computer systems (including your mobile devices). You must take such precautions as you feel are sufficient to protect yourself from any malware, viruses or any other way in which our Website (or a website we link to) could damage your computer systems (including your mobile devices).

Consumer Guarantees

  1. In Australia, our Services come with guarantees that cannot be excluded under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).
  2. Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and any other legal rights, arising under the Australian Competition and Consumer Act 2010 (Cth) or any other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 (Cth) are expressly excluded where permitted, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition.
  3. To the extent that we are in breach of any consumer guarantee, your sole remedy will be for us to provide to you the features or service that was previously provided, or to pay for those features or services to be re-performed for you.

Warranties and Disclaimer

  1. Nothing in these Website Terms excludes, restricts or modifies or purports to exclude, restrict or modify the conditions, warranties and undertakings arising under the Australian Consumer Law. Our liability for death or personal injury arising from our negligence or for any condition, warranty, right or liability implied in these Website Terms by law cannot be excluded.
  2. Our Website is provided to you strictly on an “as is” and “as available” basis. You acknowledge that:
    • Your use of the Website and Services is at your own risk and is also subject to the terms and conditions of the websites, products and services of our Affiliates that you access via our Website or Services;
    • You have read and understood our DCE Terms of Use which has been made separately available
    • Prior to accepting these Website Terms you have been given a reasonable opportunity to examine and satisfy yourself as to the contents of these Website Terms; and
    • At no time prior to accepting these Website Terms have you relied on our skill or judgement with respect to investing using fiat or cryptocurrency (whether on our platform or not), determining a financial plan or strategy, choosing our platform as your preferred platform or any other decision or determination made by you without our knowledge, and you acknowledge that it would be unreasonable for you to do so.
  3. To the maximum extent permitted by law, all other warranties or conditions which are not guaranteed by law are expressly excluded, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition. In particular, we do not warrant:
    • That your access to the Website or our Services will be free from interruptions, errors, delays or viruses; or
    • The accuracy, adequacy or completeness of information on the Website (nor do we undertake to keep the Website updated).
  4. To the extent that we are in breach of any consumer guarantee or any other warranty or condition that cannot be excluded from these Website Terms:
    • Your sole remedy will be for us to provide the features or services that were previously provided; and
    • Our maximum liability to you is limited to the purchase price of the goods or services you purchased in your last transaction using our Services or $100, whichever is lower.

Limitation of Liability

  1. To the maximum extent permitted by law, we do not accept responsibility for any loss or damage (including indirect, special or consequential loss or damage), however caused and whether or not foreseeable (whether in contract, tort, for breach of statutory duty or otherwise), even if we have previously been advised of the possibility of such loss or damage which you may directly or indirectly suffer in connection with:
    • Your use of the Website or our Services or any linked website, content, products and services (together, the linked services) (including interference with or damage to your computer or mobile devices arising in connection with any such use);
    • The Website or our Services being interrupted or unavailable;
    • Errors or omissions from the Website or our Services;
    • Any failure or lack of any security measures by us, or any third party including in relation to the storage or transfer of;
    • Viruses, malicious codes or other forms of interference effecting the Website or our Services or any linked services;
    • Your use of or reliance on information contained on or accessed through the Website or our Services or any linked services, which information may be incorrect, incomplete, inadequate or outdated;
    • Goods or services supplied pursuant to or in any way connected with the Website or our Services;
    • Unauthorised access to or use of, our servers and/or any information stored on them; or
    • Any failure or omission on our part to comply with our obligations as set out in these Website Terms.
  2. We do not accept responsibility for inaccuracies or errors in any information about, or advertisements in respect of, goods and services, contained in the Website which are supplied by our Affiliates. The placement of such advertisements does not constitute a recommendation or endorsement by us of the relevant goods or services and the third party or owner of the linked services is solely responsible for any representations made in connection with information in respect of it and its goods and services displayed on the Website.
  3. To the maximum extent permitted by law, you agree to indemnify and keep indemnified Arch Ventures, our Affiliates and their Personnel against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or indirectly in connection with your use of the Website or the Services, or from your violation of these Website Terms.

Specific Warnings

  1. You must ensure that your access to the Website and our Services is not illegal or prohibited by laws which apply to you in the jurisdiction in which you are located.
  2. You must take your own precautions to ensure that the process which you employ for accessing the Website and our Services does not expose you to the risk of viruses, malicious computer code or other forms of interference emanating from the Website or our Services (or any linked services) which may damage your own computer system.
  3. You agree that you will not rely on any information, whether financial or otherwise, contained on the Website or the availability of such information and that any decision you make in relation to the Website or our Services will be as a result of your own independent assessment and research of such information.
  4. Even though we intend on providing accurate information on the Website, we cannot guarantee that the information on the Website is accurate, complete or updated, or free from technical inaccuracies or typos. In an effort to continue providing you with complete and accurate information to the extent possible, the information on the Website may change or be updated from time to time without advance notice.

Copyright

  1. All legal rights, title and interest in and to all elements of the Website, our Services and the content of the Website and our Services (including its “look and feel”, text, graphics (all art, drawings and artistic works), images, logos, icons, photographs, editorial content, films, sound recordings, literary works, software, design, systems, methods, information, computer codes, compilation of content, other codes, data and other material) (Intellectual Property), and all intellectual property rights in and associated with the Intellectual Property (including without limitations all copyright, trademarks, service marks and trading names) is owned by us or licensed to us by third parties and protected under applicable laws.
  2. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in the jurisdiction in which you are located, and except as expressly authorised by these Website Terms or in writing by us, you may not in any form or by any means:
    • copy, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Website, the Services or the Intellectual Property; or
    • commercialise any information, products or services obtained from any part of the Website, the Services or the Intellectual Property.
  3. All rights not expressly granted under these Website Terms are expressly reserved.
  4. Subject to the terms and conditions in these Website Terms (including clause 11), we grant you a limited licence to access the Website and view and use the content (and Materials).

Restricted Use

  1. The Website is provided for your personal, non-commercial use only.
  2. You warrant to us and agree that you are 18 years of age or over and have full legal capacity to access the Website under the laws of Australia or the laws of the jurisdiction in which you reside. If you are below 18 years old, you may not access the Website or use the Services under any circumstances, and you represent and warrant to us that you will not use access the Website or use the Services if you are under the age of 18.
  3. If we become aware that you are under 18 years old and have used or accessed or are using or accessing the Website or the Services, we may terminate or suspend your Account without notice to you and any digital assets in your Account may be forfeited and we will have no further obligations to you. Once your Account is cancelled, it cannot be re-activated and we reserve the right to deny you access to the Services.
  4. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within or derived from the Website or the Services without our prior written approval.
  5. You may not use the Website or the Services, or any of our content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website without our express, prior written consent.
  6. Your use of the Website and our Services is subject to international export controls and financial export requirements. By trading cryptocurrency, using our swap services or our payment system through the Website, you declare and undertake that you are aware of and subject to these requirements. Without limiting the foregoing, you are not entitled to use the Services if:
    • You are a citizen or resident of Cuba, Iran, North Korea, Sudan or Syria or any other country subject to US embargo, UN sanctions, the HM financial sanctions regime, or if you are on the list of specific citizens by the US Ministry of Finances or the list of people denied by the US Ministry of Trade, a non-verified list, the financial sanctions regime of the Ministry of Finances; or
    • You intend on supplying any digital asset purchased or stored to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to US embargo or the HM financial sanctions regime (or to a citizen or resident of any of these countries), or to a person on the list of specific persons, the list of denied persons, the non-verified list, the list of entities of the financial sanctions regime of HM.

Links in the Services

  1. The Website may contain links to linked services, social media websites or third party pages. Those links are provided for convenience only and may not remain current or be updated by us.
  2. We are not responsible for the content or privacy policies or practices of persons or companies associated with linked services. We will not be liable to you or any other person for any loss or cost arising in respect of use or access to linked services. When you access any linked services you do so entirely at your own risk.
  3. Linked services should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked services, or of any information, graphics, materials, products or services referred to or contained on those linked services, unless and to the extent stipulated to the contrary.

Links to the Website

  1. You may find links to access our Website from third-party websites and services. We do not control or are responsible for such links (including the validity and security of such links).
  2. We will not be liable to you or any other person for any loss or cost arising in respect of use or access (actual or purported) to our Website and services from links from third-party websites and services. When you access any such links you do so entirely at your own risk.
  3. Links to our Website from third-party websites and services should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those third party websites and services, or of any information, graphics, materials, products or services referred to or contained on those third party websites and services, unless and to the extent stipulated to the contrary.

Intellectual Property

  1. We, or our third-party licensors, own all intellectual property rights in or in connection with the Intellectual Property.
  2. We do not grant you any intellectual property rights in any thing (including the Intellectual Property and other information and content, whether in a material form or not) on or accessible via the Website (Materials).
  3. Your use of our Website, any Services or Materials does not grant you any intellectual property rights in, ownership rights of or other rights in, or in connection with the Intellectual Property, the Website, any Services or Materials.
  4. We reserve all rights to the Materials not expressly granted to you in these Website Terms.
  5. You must not reproduce the Materials or communicate the Materials to the public (including via any form of linking) without our prior written approval. Any permitted use or disclosure (including reproductions and communications to the public) of any Materials by you are on the basis that:
    • such use and disclosure is at your own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
    • you ensure that all links to Materials are presented or used in a way that makes it clear that our Website and Services are the source of the Materials;
    • you ensure that anyone who uses or reproduces your links to the Materials does so on the same terms as a person who accesses the Materials directly from the Services;
    • you ensure that anyone who uses or reproduces your links to the Materials is not able to circumvent the limits (including technological restrictions and as to location) applying in respect of the Materials were the Materials to be accessed or sought to be accessed directly from the Services rather than via their links;
    • you do not link the Materials in a way that damages or takes advantage of our reputation, including in a way that suggests or implies that you have any association or affiliation with us or approval or endorsement; and
    • you otherwise comply with our directions, including any take down or cease or desist directions.
  6. Subject to the terms and conditions of these Website Terms, you must not, or permit any third party to, do or attempt to do, any of the following without our express prior written consent in each case (consent could be withheld at absolute our discretion):
    • apply for, register, or otherwise use any intellectual property rights in the Intellectual Property or Materials, or substantially similar to the Intellectual Property or Materials, anywhere in the world;
    • sell, distribute for commercial gain or otherwise commercialise merchandise that includes, contains or consists of the Intellectual Property or Materials.
  7. To the extent that you use our Website (and any Materials) which contain third party intellectual property, you acknowledge and agree that:
    • You will not have the right to use that third-party intellectual property except as provided for in the Website and subject to these Website Terms;
    • You might be subject to additional restrictions regarding the use of that third-party intellectual property depending on the licences from the third-party to us;
    • You will be responsible for complying with any restrictions regarding the use of that third-party intellectual property.
  8. Your licence under these Website Terms to use the content of the Website and Intellectual Property (and Materials) applies when using any services available on our Website and is subject to any further limitations set out in any terms of use, or terms and conditions for additional products and/or services.

Proper Use

  1. You must only use the Website and our Services for lawful purposes. You are prohibited from doing any act that we, acting reasonably, consider to be inappropriate, or which is unlawful or prohibited by any laws applicable to the Website and our Services, including but not limited to any act which would constitute a breach of privacy, using the Services to defame or libel us, our employees or any other person.
  2. You must not:
    • reverse engineer the code contained in the Website or upload files which contain viruses or malware which may cause damage to our property or the property of other individuals or post or transmit to our Website any material which we have not authorised including material which is, in our sole opinion, likely to cause annoyance, or which is racist, defamatory, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our security protocols;
    • damage, disrupt, interfere with or misuse the Website, including by data mining, hacking, data harvesting or scraping or using similar data gathering and extraction tools in respect of the Website;
    • launch any automated program or script, including web crawlers, web robots, web indexers, bots, viruses or worms or any program which makes multiple server requests per second or impairs the operation and/or performance of the Website;
    • use any device, software or routine intended to damage or interfere with the proper working of the Website or to intercept or sequester any system, data, images or other multimedia elements from the Website; or
    • use the Website in any way that would breach any other provision of these Website Terms including the provisions of clauses 8 to 13.

Visitor Material

  1. Other than information about an identifiable individual, which is covered under our Privacy Policy, any material you post, transmit or upload to the Website (including without limitation, reviews, comments, bug reports, ideas or other feedback) (Visitor Material) will be considered non-confidential and non-proprietary.
  2. You consent to any act or omission which would otherwise constitute an infringement of your moral rights you may have in respect of Visitor Material. This consent survives any termination of these Website Terms.
  3. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data images, sounds, text and other things embodied in the Visitor Material for any and all commercial and non-commercial purposes.
  4. By posting, uploading or transmitting any Visitor Material, you represent and warrant that any Visitor Material does not and will not:
    • breach any applicable law;
    • contain any viruses or any other harmful program;
    • contain any defamatory, obscene or offensive material;
    • promote violence or discrimination;
    • infringe the intellectual property rights of another person;
    • breach any legal duty owed to a third party (such as a duty of confidence);
    • promote illegal activity or breach the privacy of any other person;
    • be threatening, abusive or invade another person’s privacy or be likely to harass, upset, embarrass or annoy any other person;
    • give the impression that the Visitor Material originates from us;
    • be used to impersonate another person or to misrepresent your affiliation with another person; or
    • contain any unsanctioned advertising, promotional materials, or other forms of unsanctioned solicitation, including without limitation, junk mail, spam, chain letters or any unsolicited mass distribution of email.
  5. The prohibited acts set out in clause 13.4 are not exhaustive. We reserve the right (but do not undertake, unless required by law, any obligation) to edit or remove any Visitor Material without notice to you, in our sole discretion.
  6. You grant us an irrevocable, perpetual, exclusive, transferable, royalty free worldwide licence to use, copy, modify and distribute any Visitor Material in any manner we think fit (including without limitation, by reproducing, altering or communicating the Visitor Material to the public). You also grant us the right to sublicense these rights.
  7. All Visitor Material contained on the Website is for information purposes only and does not constitute advice from us. Visitor Materials reflect the opinions of users who have used the Website and any statements, advice or opinions provided by such persons are theirs alone. To the maximum extent permitted by law, including any restrictions contained in the Australian Consumer Law, we assume no responsibility or liability to any person for any Visitor Materials, including without limitation, any errors, defamatory statements, obscenity, omissions or misrepresentations in any such Visitor Materials.

Promotions

  1. From time to time we may make certain offers, or carry out promotions or contests. Additional terms may apply to those offers, promotions or contests and you must agree to those additional terms. In the event of any inconsistency between these Website Terms and the terms of any offer, promotion or contest, the terms of the offer, promotion or campaign prevail over these Website Terms to the extent of any inconsistency.

Privacy Policy

  1. We undertake to comply with the terms of our Privacy Policy which is available on our Website.
  2. Your continued usage of our Website and/or Services will be taken to indicate your acceptance of the terms of our Privacy Policy insofar as it relates to our Website.
Security of Information
  1. No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us.
  2. Any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Service Access While we endeavour to ensure the Website is available 24 hours a day, we are not under any obligation to do so, and will not be liable to you if the Website is unavailable at any time or for any period. Your access to the Website or our Services may also be restricted at our discretion.

Termination of Access
  1. Your access to the Website or the Services may be terminated at any time by us without notice to you. Following termination we will have no further obligations or liabilities to you. Any exclusions of liability or other provisions contained in these Website Terms which by their nature survive termination of these Website Terms will survive any such termination.
  2. If your access to the Website or the Services is terminated by us following your breach of these Website Terms or your unlawful conduct (or suspected breach of these Website Terms or suspected unlawful conduct), termination will be in addition to any other rights we may have against you at law or in equity
Severability If any provision of these Website Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof will to that extent be severed and deemed not to form part of these Website Terms but the legality, validity and enforceability of all other provisions of these Website Terms will not be affected.

Governing Law These Website Terms are governed by the laws in force in the State of New South Wales and you agree to submit to the exclusive jurisdiction of the courts of that State in respect of any dispute arising from these Website Terms.

Definitions In these Website Terms:

  • Affiliate means a third party with whom we have entered into an agreement to assist our provision of the Website or our Services, and to or from which you hereby instruct us to obtain or send data, including payment instructions;
  • Personnel means any employee, contractor, subcontractor, agent, partner, shareholder, ultimate beneficial owner, director or officer of a party;
  • Arch Ventures, we, us and our and similar terms are a reference to Arch Ventures Pty Limited (ACN 660 159 240) and our related entities;
  • Website means [insert] and/or any other website as we may operate from time to time.

Arch Ventures Pvt Limited Privacy Policy

This privacy policy was last modified on July 2022.

About our Privacy Policy
  1. The privacy of your Personal Information is important to Arch Ventures Pty Limited (ACN 660 159 240). We respect your rights to privacy and rights under the Privacy Act and are committed to complying with the requirements of Privacy Laws in the collection and handling of your Personal Information.
  2. This policy explains how we collect, retain, process, share, transfer and handle your Personal Information and describes the kinds of Personal Information we collect, use, disclose and our purposes for doing so.
  3. We use some defined terms in this policy. You can find the meaning of each defined term at the end of this policy.
  4. Personal Information is information which may be used to reasonably identify you. For example, your name, address, date of birth, gender, email address, telephone number is generally considered to be Personal Information. Personal Information may also include information we collect about your individual preferences.
  5. In order to provide our Services, we collect Sensitive Information from you. For more information on what Sensitive Information is, and what kinds of Sensitive Information we may collect, see clause 3.3 below.
  6. This policy applies to your Personal Information when you use our Website, and interact generally with us but does not apply to Third Party Sites. Although we may share your Personal Information with third parties, we are not responsible for the privacy policies or content of Third Party Sites.
  7. For the avoidance of doubt, unless stated otherwise, this policy will govern our collection of your Personal and Sensitive Information irrespective of the forum.
  8. This policy may be updated from time to time and the most up to date version will be published on our Website. We encourage you to check our Website periodically to ensure that you are aware of our current policy.
  9. Your continued usage of our Website and/or services will be taken to indicate your acceptance of the terms of this privacy policy insofar as it relates to our Website. If you do not accept the terms listed in this privacy policy you should refrain from using our Website or Services.

Why we collect Personal Information

When you visit our Website, we collect Personal Information so that we can verify your identity, provide you with products and services, facilitate the function and use of the Services, and improve and customise your experience with us. We only collect Personal Information if it is reasonably necessary for us to carry out our functions and activities.

The purposes for which we collect and hold your Personal Information include:

  • to verify the identity of our clients and process your transactions;
  • to deliver our products and services to you;
  • to enable us to receive funds from and send funds to our clients;
  • so we may receive contact from and get in contact with our clients;
  • so we may market to our clients;
  • to gather data on the clients using the Services and assist with marketing and engagement with new users;
  • to improve our products and services to you;
  • to provide and improve technical support and customer service;
  • to facilitate our internal business operations, including fulfilment of any legal and regulatory requirements and monitoring, analysing and improving the performance and functionality of our Website and investigating breaches of or enforcement of any legal terms applicable to our Website;
  • to protect our property, the Website or our legal rights including to create backups of our business records;
  • to manage our business, including analysing data collected from our Website concerning visits and activities of users on our Website including the Analytics Services. This analysis helps us run our Website more efficiently and improve and personalise your experience online.
What Personal Information do we collect?

The kinds of Personal Information we collect will depend on the type of interaction you have with us. Generally, the kinds of Personal Information we collect may include:

  • your name, address (postal and residential), email address, telephone number(s), date of birth, gender or any other information we require from time to time to verify your identity and understand the relationship and activity you have with us when you register an account;
  • information from third party sources such as data providers and credit organisations, where permitted by law, including public blockchain data such as your nominated public key for a digital asset wallet (including any Metamask wallet address);
  • details of the device you have used to access any part of our Website, including carrier/operating system, connection type, IP address, payment methods, browser type and referring URLs and other information may be collected and used by us automatically if you use our Website, through the browser on your device or otherwise;
  • demographic information;
  • location data;
  • credit card, debit card, PayPal, AliPay, WeChat Pay or any other online payment methods;
  • credit information including credit worthiness, bank statements, credit reporting information, credit related information or any other financial based information we may require from time to time;
  • for corporations, any information we deem necessary to verify the entity name, controllers and ultimate beneficial owners (directors and shareholders);
  • your connections with others whose personal information we may collect or hold; and
  • transaction details relating to your use of our products, services or rewards including data regarding your feature usage patterns, interactions on our website and interactions with us.

Telephone calls to us may also be recorded for training and quality assurance purposes.

We may also collect Sensitive Information from you. Sensitive Information is a subset of Personal Information that is given a higher level of protection under the Privacy Act. The kinds of Sensitive information we may collect will depend on the type of interaction you have with us. We collect Sensitive Information to provide our Services to you through the Website.

Generally, the kinds of Sensitive Information we collect may include information relating to your:

  • Criminal record;
  • Biometric information;
  • Racial or ethnic origin; and
  • Sexual orientation.

We may collect different kinds of Sensitive Information in the future and will update this privacy policy if and when we decide to. Should you wish to stay informed about the types of Sensitive Information we collect, we recommend regularly reviewing these terms.

With whom do we share Personal Information?

We may disclose Personal Information to entities both within Australian and overseas, collected from you:

  1. to our related entities, employees, officers, agents, contractors, other companies that provide services to us, sponsors, government agencies or other third parties to satisfy the purposes for which the information was collected (as outlined in clause 2.2 of this policy) or for another purpose if that other purpose is closely related to the primary purpose of collection and an individual would reasonably expect us to disclose the information for that secondary purpose;
  2. to third parties who help us to verify the identity of our clients and customers, and other software service providers who assist us to provide the services we provide to you;
  3. to third parties who help us analyse the information we collect so that we can administer, support, improve or develop our business and the services we provide to you including cloud hosting services, off-site back ups, marketing services and customer support and we may use third party software or services to facilitate this;
  4. to third party payment providers such as banks, acquirers, financial services companies (such as Visa) or any other institution that we engage to provide payment related services to for the purposes of providing the Services including credit reporting bodies such as Equifax or Illion;
  5. to third party service providers, verification service providers (such as SumSubstance and Onfido) and software developers who we may engage from time to time to assist us in the provision of the Services;
  6. if the disclosure is requested by law enforcement, government regulators or agencies, or is required by a law, or legal process, such as a subpoena, court or other legal process with which we are required to comply, including in relation to our obligations under the Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth);
  7. if disclosure is required to enforce the terms of this policy or to enforce any of our terms and conditions with you;
  8. to our professional advisers such as consultants, lawyers and auditors so that we can meet our regulatory obligations, and administer, support, improve or develop our business;
  9. to any other person, with your consent (express or implied);
  10. to facilitate the sale of all or a substantial part of our assets or business or to companies with which we propose to merge or who propose to acquire us and their advisers;
  11. to protect the interests of our users, clients, customers and third parties from cyber security risks or incidents and other risks or incidents; and
  12. to maintain the integrity of our Website and protect our rights, interests and property and those of third parties.

In addition to the above recipients, we may disclose your Personal Information at our absolute discretion to law enforcement if we are required to do so under law. We may also disclose your Personal Information if the disclosure is made in connection with either the normal operation of our business in a way that you might reasonably expect, for example, if such disclosure is incidental to IT services being provided to our business or for the resolution of any dispute that arises between you and us. This disclosure may involve your Personal Information being transmitted Overseas.

In the event of a proposed restructure or sale of our business (or part of our business) or where a company proposes to acquire or merge with us, we may disclose Personal Information to the buyer and their advisers without your consent subject to compliance with Privacy Laws. If we sell the business and the sale is structured as a share sale, you acknowledge that this transaction will not constitute the ‘transfer’ of Personal Information.

We may disclose de-identified, aggregated data with third parties for marketing, advertising, and analytics purposes. We do not sell or trade your personal information to third parties.

How we collect and store data and transmit Personal Information

We usually collect and store information including in paper, physical and electronic form provided by you when you communicate with us by telephone, email, web-based form, letter, facsimile or other means,including when:

  1. you contact us over the phone;
  2. we provide you with our services via telephone, email or our Website;
  3. we provide you with assistance or support for our products or services;
  4. you participate in our functions, events or activities or on our social media pages;
  5. you request that we provide you with information concerning our products or services;
  6. you upload or submit information to us or our Website; or
  7. you complete any forms requesting information from you, including on registration with us, complete any survey or provide feedback to us concerning our products or services.

Where practicable we will only collect information from you personally. However, we will also collect your Personal Information through our partners and third parties who supply services to us.

Please note that we use our own and third party computer servers including our Website hosts, data backups and payment gateway(s), which may be located Overseas and your Personal Information will likely be stored and transmitted Overseas as part of the normal operation of our business.

We do not accept responsibility for Personal Information being released to public blockchains through the use of our Website, whether it be through public smart contracts or metadata matching.

We also collect information from your computer or mobile device automatically when you browse our Website. This information may include:

  • the date and time of your visit;
  • your domain;
  • locality;
  • operating system;
  • the server your computer or mobile is using to access our Website;
  • your browser and version number;
  • search terms you have entered to find our Website or access our Website;
  • pages and links you have accessed both on our Website and on other websites;
  • the last website you visited;
  • the pages of our Website that you access;
  • the device you use to access our Website; and
  • your IP Address.

While we do not use some of this information to identify you personally, we may record certain information about your use of our Website such as which pages you visit and the time and date of your visit and that information could potentially be used to identify you.

It may be possible for us to identify you from information collected automatically from your visit(s) to our Website. If you have registered an account with us, we will able to identify you through your user name and password when you log into our Website. Further, if you access our Website via links in an email we have sent you, we will be able to identify you.

The device you use to access our Website may collect information about you including your location using longitude and latitude co-ordinates obtained through GPS, Wi-Fi or cell site tri-angulation. For information about your ability to restrict the collection and use of such information, please use the settings available on your device.

We may use statistical analytics software tools and software known as cookies which transmit data to third party servers located Overseas. To our knowledge, our analytic providers do not identify individual users or associate your IP Address with any other data held by them.

We will retain your Personal Information for any time period we consider necessary to provide our products and services to you and to comply with our legal obligations. The period may vary depending on the type of Personal Information we hold. If we no longer need your personal information for these purposes we will take steps to destroy the information or ensure it is de-identified.

How we protect your Personal Information

We will endeavour to take all reasonable steps to keep secure and protect any Personal Information which we hold about you, including:

  1. securing our physical premises and digital storage media;
  2. using reputable global cloud based providers to store information;
  3. placing password protection and access control over our information technology systems and databases to limit access and protect electronic information from unauthorised interference, access, modification and disclosure; and
  4. taking regular back-ups of our electronic systems.

Notwithstanding that we will take all reasonable steps to keep your Personal Information secure, data transmission over the internet is never guaranteed to be completely secure. We do not and cannot warrant the security of any information you transmit to us or from any online services.

Use of Cookies

When you visit our Website or the website of any of our partners, we and our partners may use cookies and other tracking technology (Cookies) to recognise you and customise your online experience. Cookies are small files that store information on your computer, mobile phone or other device. They enable us to recognise you across different websites, services, devices and/or browsing sessions. Cookies also assist us to customise online content and advertising, save your preferences for future visits to the Website, measure the effectiveness of our promotions, prevent potential fraud and analyse your and other users’ interactions with the Website.

If you do not wish to grant us the right to use cookies to gather information about you while you are using our Website, then you may set your browser settings to delete, disable or block certain Cookies. The following browsers have publicly available information about how to adjust cookie preferences: Microsoft Edge, Mozilla Firefox, Google Chrome and Apple Safari.

You may be requested to consent to use of Cookies when you access certain parts of our Website, for example, when you are asked if you want the Website to “remember” certain things about you.

Certain aspects and features of the Website are only available through use of Cookies. If you disable Cookies, your use of the Website may be limited or not possible or parts of our Website may not function properly when you use them.

Upon your first visit to our Website (or the first visit after you delete your Cookies), you may be prompted by a banner to accept our use of Cookies and other tracking technology (Cookies policy). Unless you have adjusted your browser setting so that it will refuse cookies and or declined to accept our Cookies policy, our system will issue Cookies when you access our Website.

Our Website may contain web beacons (also called single-pixel gifs) or similar technologies (Web Beacons) which are electronic images that we use:

  1. to help deliver Cookies;
  2. to count users who have visited our Website; and
  3. in our promotional materials, to determine whether and when you open and act on them.

We may also work with third-parties:

  1. to place Web Beacons on their websites or in their promotional materials as part of our business development and data analysis; and
  2. to allow Web Beacons to be placed on our Website from Analytics Services to help us compile aggregated statistics about the effectiveness of our promotional campaigns or other operations.

The Web Beacons of Analytics Services may enable such providers to place Cookies or other identifiers on your device, through which they may collect information about your online activities across applications, websites or other products.

How we use Personal Information for communicating with you and direct marketing

We may communicate with you by email, SMS or push notification, to inform you about existing and new products and services that may be of interest to you including administering contests, promotions, surveys or other site features.

We will ensure that any email we send as direct marketing complies with the SPAM Act 2003 (Cth) and contain an ‘unsubscribe’ option so that you can remove yourself from any further marketing communications. To opt-out of communications via SMS, reply with “STOP”. You may decline marketing messages sent by push notifications by refusing the relevant permission in your phone or tablet settings, however this setting will prevent you from receiving other messages from us via push notification. You may also opt-out of receiving marketing materials from us using the contact details set out below or adjusting your user dashboard on our Website.

You can also call or write to us to request that your details be removed from our direct marketing list. We will endeavour to remove your details from our direct marketing list within a reasonable time (ordinarily 5 working days).

Our direct marketing list may be operated by software and servers located Overseas and your Personal Information may be sent Overseas as part of our marketing.

We will also send communications that are required or necessary to send to users of our Website that contain information about important changes or developments to or the operation of the Website or as well as other communications you request from us. You may not opt out of receiving these communications but you may be able to adjust the media and format through which you receive these notices.

Not identifying yourself

It may be impracticable to deal with you on an anonymous basis or using a pseudonym. You may interact with our Services anonymously, or using a pseudonym but the extent of the Services available to you may be limited. In order to perform a designated service on the Website, you will need to identify yourself.

You may use our gateway product (Gateway) in an anonymous manner. Gateway is a payment method for our clients (for example merchants) to receive payments from their customers (merchant customers). In this instance, the merchant customer will use our website to transfer cryptocurrency to the merchant, but is able to do so anonymously as we do not require their Personal Information to provide our Services.

We may be able to provide you with limited information in the absence of your identifying yourself but generally we will be unable to provide you with any information, goods and/or services unless you have identified yourself.

How to access or correct your Personal Information or make an enquiry or complaint

If you have any queries in relation to this policy, wish to access or correct the Personal Information we hold about you, or make a complaint, please contact us in writing at:

    Email: info@monolo.io or

    Mail: Privacy Officer

    Arch Ventures Pty Limited
    Level 7 77 Market Street, Wollongong, NSW, Australia, 2500

We aim to acknowledge receipt of all privacy complaints from you within 5 working days and resolve all complaints within 30 business days. Where we cannot resolve a complaint within that period, we will notify you of the reason for the delay as well as advising the time by which we expect to resolve the complaint.

In order to disclose information to you in response to a request for access we may require you to provide us with certain information to verify your identity. There are exceptions under Privacy Laws which may affect your right to access your Personal Information – these exceptions include where (amongst other things):

  1. access would pose a serious threat to the life, health or safety of any individual;

  2. access would have an unreasonable impact on the privacy of others;

  3. the request for access is frivolous or vexatious;

  4. the information relates to existing or anticipated legal proceedings between you and us and the information would not otherwise be accessible by the process of discovery;

  5. giving access would reveal our intentions in relation to negotiations with you;

  6. giving access would be unlawful;

  7. denying access is required or authorised by or under an Australia law or a court/tribunal;

  8. the information relates to commercial sensitive decision making process; or

  9. giving access would prejudice enforcement related action.

We may (depending on the request) charge you a fee to access the Personal Information. We will inform you of any fees payable in respect of accessing your Personal Information prior to actioning your request. All requests for Personal Information will be handled in a reasonable period of time (within 30 calendar days after the request is made).

If you wish to have your Personal Information deleted, please contact us using the details above and we will take reasonable steps to delete the information (unless we are obliged to keep it for legal or auditing purposes). To the extent that any Personal Information is stored on a blockchain it may be impracticable, unfeasible or impossible to delete.

In the event that you believe that there has been a breach of Privacy Laws, we invite you to contact us as soon as possible.

If you are not satisfied with our handling of a complaint or the outcome of a complaint you may make an application to:

  1. the Office of the Australian Information Commissioner by visiting www.oaic.gov.au, emailing enquiries@oaic.gov.au; or writing to GPO Box 5218 Sydney NSW 2001; or
  2. the Privacy Commissioner in your State or Territory.

You may also view, access, edit or delete (to the extent possible) your Personal Information through your user account on our Website. There will be certain data or information that may not be edited or deleted for you to be able to access our Website, for example your digital wallet address.

Notifiable Data Breach

We are bound by the Privacy Act and are committed to complying with the Notifiable Data Breaches Scheme (NDB) established by the Privacy Amendment (Notifiable Data Breaches) Act 2017.


The NDB requires that where a data breach is likely to result in serious harm to any individuals to whom the information relates, we are required to notify those individuals and the Office of the Australian Information Commissioner.


The NDB provides greater protection to the Personal Information of consumers, greater transparency in the way organisations like us respond to data breaches and give you the opportunity to minimise the damage caused by any unauthorised use of your Personal Information.

Changes to this Privacy Policy

We may amend this privacy policy from time to time at our sole discretion, particularly where we need to take into account and cater for any:

  1. business developments; or
  2. legal or regulatory developments.

If we make changes, we will notify you by revising the date at the top of the Privacy Policy and, in some cases, may provide you with additional notice (such as adding a statement to the Website homepage or sending you a notification). We recommend you review the Privacy Policy whenever you access the Services or otherwise interacts with us to stay informed about our information practices and the ways you can help us to protect your privacy.

Definitions used in this policy
  1. Analytics Services means any third party website analytics provider, for example Google Analytics.
  2. Australian Privacy Principles or APPs means the principles set out in Schedule 1 of the Privacy Act.
  3. IP Address means a number automatically assigned to your computer which is required when you are using the internet and which may be able to be used to identify you.
  4. Overseas means any place or country other than Australia including, but not limited to, the United States of America.
  5. Personal Information has the meaning set out in the Privacy Act.
  6. Privacy Act means the Privacy Act 1988 (Cth) as amended from time to time.
  7. Privacy Policy means our Privacy Policy as amended from time to time.
  8. Third Party Sites means online websites or services that we do not own or control, including websites of our partners
  9. Website means [insert] and/or any other website as we may operate from time to time.
  10. we, our, us and similar terms means Arch Ventures Pty Limited ACN 660 159 240 and our related entities.
  11. you, your and similar terms means, as the context requires (1) you, when you use our Website; and/or (2) you, during your dealings with us as a customer; and/or (3) any agent providing your Personal information to us; and/or (4) any agent dealing with us on your behalf.

MONOLO COOKIE POLICY
Your privacy is important to you and to us. Please read our Cookie Policy (hereinafter the “Cookie Policy) carefully to know how MONOLO (hereinafter “we”, “us”, “our”, or “MONOLO”) collects, uses, shares, and stores cookies, or similar technologies when a person (hereinafter “you” or the “user”) uses the MONOLO Website (hereinafter the “Website”) and/or our website, https://.........., (hereinafter the “Website”).

What is a Cookie?
A cookie is a small file (typically of letters and numbers) that is placed on your computer or device when you visit certain websites and allow a website or an Websitelication to recognize your computer or device. Cookies contain information that can be read later such as information about the user’s visit (content viewed, language preference, duration of the visit, etc.) that help that website to make it easier to visit the site again and make the site more useful for its user. Cookies can be implemented by us but also by third-party. Cookies managed by us only are called “first party cookies” whereas cookies from third parties are called “third party cookies”.

Do we use Cookies and similar technologies? Why do we use them?
We do use cookies and might use similar technologies (such as scripts, web beacons, pixels, fingerprinting and redirects) to ensure everyone who uses the Website and the Website has the best possible experience. We generally use Cookies for the following purposes:

  • To recognize new or past user and/or visitors,
  • To improve our Website and to better understand your visits on our Website and Website,
  • To serve you with interest-based or eventually targeted advertising,
  • To observe your behaviours and browsing activities over time,
  • To better understand the interests of our users and visitors to our Website and Website.
Some Cookies are necessary for certain uses of the Website or the Website, and without such Cookies, we would not be able to provide many services that you need to properly use the Website or the Website. These Cookies, for example, allow us to operate our Website and our Website so you may access it as you have requested and let us recognize that you have created an account (means an account which is owned by a specific user and provides the ability to use the functions of the Website and/or the Website, hereinafter an "Account") and have logged into that Account to access our Website or Website. They also include Cookies that enable us to remember your previous actions within the same browsing session and secure our Website and Website.  
We might also use functional Cookies and eventually Cookies from third parties for analysis and marketing purposes. Functional Cookies enable certain parts of the Website and the Website to work properly and your preferences to remain known. Analysis Cookies, among other things, collect information on how visitors use our Website and our Website, and the content and products that users view most frequently.
Advertising Cookies assist in delivering ads to relevant audiences and having ads Websiteear at the top of search results.
Cookies are either “session” Cookies which are deleted when you end your session, or “persistent,” which remain until their deletion by you or the party who eventually served the cookie.

How to disable Cookies? 
You can generally activate or later deactivate the use of cookies through a functionality built into your web browser, such as the “Private Browsing” setting and managing cookie settings in Firefox, “Incognito” and managing cookie settings in Chrome, “InPrivate” and managing cookie settings in Internet Explorer, or “Private Browsing” and managing cookie settings in Safari.
In addition, certain third party advertising networks, including Google, permit to opt out of or customize preferences associated with your internet browsing.
Please note that if you decline the use of Cookies, some functions of the Website or the Website may be unavailable and we might not be able to present personally tailored content and/or advertisements to you. 
We may link the information collected by Cookies with other information we collect from you pursuant to our Privacy Policy and use the combined Information. 
Similarly, the third parties who might serve cookies on our Website or our Website may link your name or email address to other information they collect, which may include your online usage information. 
You have certain rights that are described in Our Privacy Policy, including the right to inspect and correct or delete the data that we have about you.


Published on 18th August, 2023

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1. General

  • 1.1. Please read the following terms and conditions, our Privacy Policy and any other of our policies applicable to you (Terms) to understand your rights and obligations when accessing Arch Ventures’ digital currency exchange through its Website and its associated applications (Together the Platform). The Terms are an agreement between you and Arch Ventures Pty Limited ACN 660 159 240.
  • 1.2. We provide services to you, including:
    • (a) Selling to you digital currency in amounts you direct from time to time and buying digital currency from you as you may request from time to time;
    • (b) Receiving payments from you for the above sales and purchases;
    • (c) a Digital Currency payment gateway enabling merchants to accept Digital Currency from their clients; and
    • (d) other functions and services we may offer from time to time via the Platform; (together, the Services).
  • 1.3. Arch Ventures is an AUSTRAC registered Digital Currency Exchange. None of the Services provided by Arch Ventures constitute investment advice, general or personal.
  • 1.4. By accessing the Platform and creating an account with us you agree to be bound by the Terms. If you do not accept the Terms, you must immediately cease using the Services and the Platform.
  • 1.5. We reserve the right to amend the Terms from time to time. Amendments will be effective as soon as such changes are published on our Website or its associated applications. Your continued use of the Services constitutes agreement by you to be bound by the Terms as amended. You should regularly review the Terms. Where there is inconsistency between the content on the Website and its associated applications and/or other content displayed as part of the Services, the content on the ……….. will prevail.
2. Your Account
  • 2.1. You may access some areas of the Platform without registering your details with us. However, to use the Services, you must provide us with some of your personal information and register an account (Account). When you register an Account via our Platform, you become a User.
  • 2.2. At this time our Services are only available to users who are at least of majority age. In future we may permit a parent or guardian to read the Terms and agree to them for a user aged under the majority age.
  • 2.3. To obtain an Account, you must submit your first name, last name, email address, Payment Method and or bank account details, investment preferences and any other required identification to verify your account. All personal information you provide through Arch Ventures will be collected, handled and used in accordance with our Privacy Policy. 
  • 2.4. You agree to keep your Account information accurate and complete. You will not be able to use the Platform and/or our Services if you provide invalid, expired or incorrect information (including payment details). 
  • 2.5. You acknowledge and agree that you are responsible for any activity that occurs through your Account and you will not sell, transfer, license or assign your Account to anyone else. You agree that you will not create an account for another person, share an Account with another User, and will not possess more than one Account, unless permitted by us in writing. 

3. Payment

  • 3.1. When using the Services you will have the option to make a buy, sell or trade order in which you choose intervals for a purchase of Digital Currency and the timing (including immediate timing) for those purchases to occur (Standing Order). We will endeavour to make available for sale to you your preferred Digital Currency at the intervals nominated in your Standing Order, and you acknowledge that we may execute such sale to you in accordance with your Standing Order within 1 Business Day of the interval nominated in the Standing Order.
  • 3.2. We will direct debit your bank account within a reasonable period following our sale of Digital Currency to you under your Standing Order.
  • 3.3. Fees which include but are not limited to conversion fees may apply to all Standing Orders where Digital Currencies are purchased, sold or traded. By using the Platform, you accept and acknowledge that we may adjust our fees at any time. Arch Ventures will notify you of the fees that apply to your transaction at the time of the Standing Order. 
  • 3.4. You acknowledge that, due to the volatility of Digital Currencies and timing of direct debits, your Standing Order will not be executed at the market price prevailing at the time of the direct debit. While we will endeavour to obtain the best market price, the price at which we will you buy, sell or trade Digital Currencies will likely not be the same price prevailing when your direct debit is processed. When you offer to sell Digital Currency to us, we will confirm the price at which we are prepared to buy that Digital Currency prior to you finalising your offer to sell. You will remain on risk at all times for any price movements relating to your Digital Currency from the time we enter into a Standing Order to sell to you, or agree to buy from you, Digital Currency.
  • 3.5. If your Payment Method or direct debit authorisation in connection with a Standing Order is rejected for any reason we reserve the right to, and you hereby authorise us to, sell any Digital Currencies which were the subject of your Standing Order, Apply liquidated damages of $100 to your account and that you will be liable to us immediately as a debt due, for any shortfall in the price we sell the Digital Currency for as compared to the price prevailing when the Standing Order was accepted by us. You agree the above is a genuine pre-estimate of the likely damages we will suffer in needing to sell the Digital Currency the subject of any failed Standing Order.
  • 3.6. All payments to us must be received and paid in Australian dollars. We do not allow any depositing or withdrawal of Digital Currencies when creating an account with us.
4. Licence
Subject to your acceptance of the Terms, we grant you a limited, non-exclusive, non-assignable, non-transferable licence to access and use the Platform solely for personal and/or commercial purposes.  

5. Warranties and Disclaimer

  • 5.1. In Australia, our services come with guarantees that cannot be excluded under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).
  • 5.2. Nothing in these Terms excludes, restricts or modifies or purports to exclude, restrict the conditions, warranties and undertakings arising under the Australian Consumer Law. Our liability for death or personal injury arising from our negligence or for any condition, warranty, right or liability implied in these Terms by law cannot be excluded.
  • 5.3. The Services and the Platform are provided to you strictly on an “as is” and “as available” basis. You acknowledge that:
    • (a) your use of the Services and the Platform is at your own risk;
    • (b) prior to accepting these Terms you have been given a reasonable opportunity to examine and satisfy yourself regarding the Services and the Platform, which are the subject of these Terms;
    • (c) at no time prior to accepting these Terms have you relied on our skill or judgement and that it would be unreasonable for you to do so;
    • (d) we do not make any guarantees as to the price at which certain Assets will be purchased or sold;
    • (e) we do not have any responsibility to obtain the ‘best available price’ for any Digital Currency we supply to meet a Standing Order, but we will use our best endeavours to supply the Digital Currency at a reasonable market price, determined in our absolute discretion; and
    • (f) we do not make any representations or warranties concerning any content contained in or accessing through the Services or the Platform, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or the Platform.
  • 5.4. To the maximum extent permitted by law, all other warranties or conditions which are not guaranteed by law are expressly excluded, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition. In particular, we do not warrant:
    • (a) that your access to the Services or the Platform will be free from interruptions, errors or viruses; or
    • (b) the accuracy, adequacy or completeness of information on the Services or the Platform (nor do we undertake to keep our Website, the Platform or the Services updated).
  • 5.5. To the extent that we are in breach of any consumer guarantee or any other warranty or condition that cannot be excluded from these Terms:
    • (a) your sole remedy will be for us to provide the features or services that were previously provided; and
    • (b) our maximum liability to you is limited to the purchase price of the goods or services you purchased in your last transaction using our Services or $100, whichever is lower.
6. Limitation of Liability
  • 1. To the maximum extent permitted by law, we do not accept responsibility for any loss or damage (including indirect, special or consequential loss or damage), however caused and whether or not foreseeable (whether in contract, tort, for breach of statutory duty or otherwise), even if we have previously been advised of the possibility of such loss or damage which you may directly or indirectly suffer in connection with:
    • (a) your use of the Services or the Platform or any linked website, content, products and services (together, the linked services) (including interference with or damage to your computer or mobile devices arising in connection with any such use);
    • (b) the Services or the Platform being interrupted or unavailable, including any inability on our part to meet a Standing Order;
    • (c) errors or omissions from the Services or the Platform;
    • (d) any failure or lack of any security measures by us, or any third party including in relation to the storage or transfer of data;
    • (e) viruses, malicious codes or other forms of interference effecting the Services, or the Platform, or any linked services;
    • (f) your use of or reliance on information contained on or accessed through the Services or the Platform or any linked services, which information may be incorrect, incomplete, inadequate or outdated;
    • (g) goods or services supplied pursuant to or in any way connected with the Services or the Platform;
    • (h) unauthorised access to or use of, our servers and/or any information stored on them; or
    • (i) any failure or omission on our part to comply with our obligations as set out in these Terms.
  • 2. To the maximum extent permitted by law, you agree to indemnify and keep indemnified us and our Personnel against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or indirectly arising from your use of the Platform or the Services, or from your violation of these Terms.
7. Limitation of Liability
  • 7.1. In using our Services and the Platform, you acknowledge and agree that:
    • (a) these Terms apply between you and us only;
    • (b) there is a risk of malicious actors seeking to interfere with our Services and the Platform and that we expressly disclaim any liability for loss associated with that circumstance;
    • (c) there is no professional relationship (including any attorney-client or advisor-advisee relationship) between you and us.
  • 7.2. In entering into these Terms, you represent and warrant to us that:
    • (a) any information provided to us by you is accurate and complete;
    • (b) we and our Personnel will be entitled to rely on the accuracy and completeness of any information provided by you;
    • (c) you have not entered into these Terms in reliance on or as a result of any statement or any conduct of any kind or on behalf of any other person;
    • (d) you have independently satisfied yourself in respect of all matters in connection with these Terms;
    • (e) entry into the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
    • (f) you will not infringe or violate any of the Terms;
    • (g) you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Platform or the Services in accordance with these Terms, and to fully perform your obligations hereunder;
    • (h) if you use the Platform or the Services on behalf of a business, corporate or charitable entity, you represent, warrant and agree:
      • (1) that you are duly authorised under any applicable law to represent such entity in connection with these Terms and to commit it to be bound by these Terms;
      • (2) make all representations and warranties herein on both your and its behalf; and
      • (3) personally guarantee performance by such entity;
    • (i) you possess the knowledge and judgment necessary to decide whether to use the Platform or otherwise engage with us or use of the Services;
    • (j) you are solely responsible for complying with applicable laws regarding use of the Platform or the Services including, without limitation, the determination of whether use of the Platform or our Services complies with laws applicable to you; and
    • (h) you have read and agree to assume the risks identified above.
8. User Data
  • 8.1. Notwithstanding any other term of this Agreement, you acknowledge and agree that:
    • (a) we may Process User Data that has been aggregated and sufficiently -identified such that identification of the underlying user (as the source of the information) is not reasonably possible (Aggregated Data);
    • (b) we shall own all intellectual property rights and other rights in the Aggregated Data; and
    • (c) we may use the Aggregated Data for any purpose, including for purposes that are not related to the Services or these Terms. Without limitation, we may Process, use, reproduce, communicate, licence, broadcast, distribute, publish, commercialise, disseminate and exploit the Aggregated Data for any purpose.
  • 8.2. You hereby assign absolutely to us, free of all encumbrances, and we accept the assignment from you, of all of the your right, title and interest throughout the world in relation to the Aggregated Data as and when it comes into existence.
  • 8.3. This clause 8 survives the expiration or termination of these Terms.
9. Specific Warnings
  • 9.1. You must ensure that your access to the Platform or the Services is not illegal or prohibited by laws which Apply to you in the jurisdiction in which you are located. Some jurisdictions regulate the holding of Digital Currency and you should ensure you are compliant with local laws and regulations.
  • 9.2. You must take your own precautions to ensure that the process which you employ for accessing the Services and the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference emanating from the Services, the Platform (or any linked services) which may damage your own computer system.
  • 9.3. You agree that you will not rely on any information contained on our Website, the Platform or the availability of such information and that any decision you make in relation to the Services and the Platform will be as a result of your own independent assessment of such information.
10. Copyright
  • 10.1. The content of the Platform and the Services (including its “look and feel”, text, graphics, images, logos, icons, photographs, editorial content, sound recordings, software and other material) is owned by us or licensed to us by third parties and protected under applicable laws.
  • 10.2. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which Applies in the jurisdiction in which you are located, and except as expressly authorised by these Terms or in writing by us, you may not in any form or by any means:
    • (a) copy, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Platform or the Services; or
    • (b) commercialise any information, products or services obtained from any part of the Platform or the Services.
  • 10.3. All rights not expressly granted under these Terms are expressly reserved.
11. Links in the Services
  • 11.1. the Platform and the Services may contain links to linked services. Those links are provided for convenience only and may not remain current or be updated by us.
  • 11.2. We are not responsible for the content or privacy policies or practices of persons or companies associated with linked services. We will not be liable to you or any other person for any loss or cost arising in respect of use or access to linked services. When you access any linked services you do so entirely at your own risk.
  • 11.3 Linked services should not be construed as an endorsement, Approval or recommendation by us of the owners or operators of those linked services, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
  • 11.4 Your interactions with organisations and/or individuals found on or through the Platform or the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or Appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that the Platform shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
12. Arch Ventures Materials
  • 12.1. such use and disclosure is at your own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
  • 12.2. Any use or disclosure (including reproductions and communications to the public) of any Materials by you are on the basis that:
    • (a) such use and disclosure is at your own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
    • (b) you ensure that all links to Materials are presented or able to be used in a way that makes it clear to a viewer or user of the links or linked materials that the source of the Materials is Arch Ventures;
    • (c) you ensure that anyone who uses or reproduces your links to the Materials does so on the same terms as a person who accesses the Materials directly from our Platform;
    • (d) you ensure that anyone who uses or reproduces your links to the Materials is not able to circumvent the limits (including technological restrictions and as to location) Applying in respect of the Materials were the Materials to be accessed or sought to be accessed directly from our Website rather than via their links;
    • (e) you do not link the Materials in a way that damages or takes advantage of our reputation, including in a way that suggests or implies that you have any association or affiliation with us or Approval or endorsement; and
    • (f)you otherwise comply with our directions, including any take down or cease or desist directions.
  • 12.3 Linked services should not be construed as an endorsement, Approval or recommendation by us of the owners or operators of those linked services, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
  • 12.4 Your interactions with organisations and/or individuals found on or through the Platform or the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or Appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that the Platform shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
13. Proper Use
  • 13.1. You must only use the Platform and the Services for lawful purposes. You are prohibited from doing any act that we, acting reasonably, consider to be in appropriate, or which is unlawful or prohibited by any laws applicable to the Platform
  • 13.2. You must not:
    • (a) use the Platform or our Services in order to, or at any time impersonate any other person or entity;
    • (b) use the Services or interact with the Services in a manner that jeopardises the security of your Account or anyone else’s (such as allowing someone else to log on as you)
    • (c) reverse engineer the code contained in the Services, our Website or the Platform or upload files which contain viruses or malware which may cause damage to our property or the property of other individuals or post or transmit to our Services any material which we have not authorised including material which is, in our sole opinion, likely to cause annoyance, or which is racist, defamatory, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our security protocols;
    • (d) damage, disrupt, interfere with or misuse the Services or the Platform, including by data mining, hacking, data harvesting or scraping or using similar data gathering and extraction tools in respect of the Services or the Platform;
    • (e)launch any automated program or script, including web crawlers, web robots, web indexers, bots, viruses or worms or any program which makes multiple server requests per second or impairs the operation and/or performance of the Platform;
    • (f) rent, lease, loan, trade, sell/re-sell or otherwise monetise the Platform or related data or access to the same; or
    • (g) use any device, software or routine intended to damage or interfere with the proper working of the Services or to intercept or sequester any system, data, images or other multimedia elements from the Platform.
14. Visitor Material
  • 14.1. Other than information about an identifiable individual, which is covered under our Privacy Policy, any material you post, transmit or upload to the Services (including without limitation, reviews) (Visitor Material) will be considered non-confidential and non-proprietary.
  • 14.2. You consent to any act or omission which would otherwise constitute an infringement of your moral rights you may have in respect of Visitor Material. This consent survives any termination of these Terms.
  • 14.3. You agree that we will have no obligations with respect to any Visitor Material, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data images, sounds, text and other things embodied in the Visitor Material for any and all commercial and non-commercial purposes.
  • 14.4-Any information and content (including Visitor Material) that you share or post may be seen by other Users, Visitors or others (including off of the Services). Where we have made settings available, we will use reasonable commercial endeavours to honour the choices you make about who can see content or information
  • 14.5-Any information and content (including Visitor Material) that you share or post may be seen by other Users, Visitors or others (including off of the Services). Where we have made settings available, we will use reasonable commercial endeavours to honour the choices you make about who can see content or information
    • (a) breach any applicable law;
    • (b) contain any viruses or any other harmful program;
    • (c) contain any defamatory, obscene or offensive material;
    • (d) promote violence or discrimination;
    • (e) infringe the intellectual property rights of another person;
    • (f) breach any legal duty owed to a third party (such as a duty of confidence);
    • (g) promote illegal activity or breach the privacy of any other person;
    • (h) be threatening, abuse or invade another person’s privacy or be likely to harass, upset, embarrass or annoy any other person;
    • (i) give the impression that the Visitor Material originates from us;
    • (j) be used to impersonate another person or to misrepresent your affiliation with another person;
    • (k)execute any form of auto-responder or “spam” within the Platform or in connection with the Services, or any processes that run or are activated while you are not logged into the Platform, or that otherwise interfere with the proper working of the Services and the Platform (including by placing an unreasonable load on the Platform or the Services’ infrastructure); or
    • (l)contain any unsanctioned advertising, promotional materials, or other forms of unsanctioned solicitation, including without limitation, junk mail, spam, chain letters or any unsolicited mass distribution of email.
  • 14.6. The prohibited acts set out in clause 14.5 are not exhaustive. There is no tolerance for objectionable content or abusive users. If we become aware of harmful content or conduct we will take Appropriate actions within 24 hours by removing the content and ejecting the user who provided the offending content.
  • 14.7. You grant us an irrevocable, perpetual, exclusive, transferable, royalty free worldwide licence to use, copy, modify and distribute any Visitor Material in any manner we think fit (including without limitation, by reproducing, altering or communicating the Visitor Material to the public). You also grant us the right to sublicense these rights.
  • 14.8. All Visitor Material contained on the Services is for information purposes only and does not constitute advice from us. Visitor Materials reflect the opinions of users who have used the Services and any statements, advice or opinions provided by such persons are theirs alone. To the maximum extent permitted by law, including any restrictions contained in the Australian Consumer Law, we assume no responsibility or liability to any person for any Visitor Materials, including without limitation, any errors, defamatory statements, obscenity, omissions or misrepresentations in any such Visitor Materials.

15. Privacy Policy We undertake to comply with the terms of our privacy policy which is available on our App and our Website. 16. Security of Information

  • 16.1. No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us
  • 16.2. Any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information.
17. Service Access While we endeavour to ensure the Platform and our Services are available twenty four (24) hours a day, we are not under any obligation to do so, and will not be liable to you if the Services are unavailable at any time or for any period. Your access to the Platform and our Services may also be restricted at our discretion.

18. Termination of Access
  • 18.1. Your access to the Services may be terminated at any time by us without notice to you. Following termination we will have no further obligations or liabilities to you. Any exclusions of liability or other provisions contained in these Terms which by their nature survive termination of these Terms will survive any such termination.
  • 18.2. On termination, you lose the right to access or use the Platform, or the Services. The following shall survive termination:
    • (a) Users and/or Visitors’ rights to further re-share content and information you shared through the Services; and
    • (b) Sections 4, 5, 6 and 7 of these Terms.
19. Severability
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof will to that extent be severed and deemed not to form part of these Terms but the legality, validity and enforceability of all other provisions of these Terms will not be affected.


20. Governing Law
These Terms are governed by the laws in force in the State of New South Wales and the courts of Australia and you agree to submit to the exclusive jurisdiction of the courts of New South Wales in respect of any dispute arising from these Terms.

21. Definitions
21.1. In these Terms:

  • (a) Account has the meaning given in clause 2.1;
  • (b) Digital Currency or Digital Currencies means any cryptographic tokens (also referred to as cryptocurrencies) offered for purchase by us and including, but not limited to; BTC, ETH, LTC, BCH, USDT and USD Coin USDC.
  • (c) we, us and our and similar terms are a reference to Arch Ventures Pty Limited (ACN 660 159 240) and our related entities;
  • (d) Device means any tangible object or thing that is capable of generating, sending, receiving, storing or otherwise processing Electronic Communications to or from us that enables you to receive information about, or to transact on, your Account and includes a computer, mobile telephone, tablet, or any other telecommunications device;
  • (e) Electronic Communication means a communication of information in the form of data, text or images by means of guided and/or unguided electromagnetic energy;
  • (f) Personnel means any employee, contractor, subcontractor, agent, partner, shareholder, ultimate beneficial owner, director or officer of a party;
  • (g) Payment Method means the bank account or any other POLi, BPAY or payment account linked to your Account to facilitate all deposits and withdrawals to/from your Account;
  • (h) Platform means the Services, Website and associated applications provided by us to Users;
  • (i) Process means to perform an operation or set of operations on data, content or information, whether or not by automated means, including to collect, record, organise, structure, store, adapt or alter, retrieve, consult, use, disclose by transmission, disseminate or otherwise make available, align, combine, restrict, erase or destroy;
  • (j) Services has the meaning given in clause 1.2;
  • (k) User means any user of the Services that has registered an Account;
  • (l) User Data means all data and information of any kind relating to a User or Visitor, in whatever form and whether entered by or on behalf of the user using the Services, stored in, generated by, transferred to or processed through the Services, or otherwise transferred to us;
  • (m) Visitor means any person who accesses or otherwise uses any part of our Service without registering an Account; and
  • (n) Website means [insert]