1. By using this Website, www.hiveex.com, or any Services that we, Hive Empire Ventures PTY
LTD (“HiveEx”, “HiveEx”,“we”, “us”, “our”) offer, you the user (“you”, “user”, “client”, “customer”),
are deemed to have read, understand, warrant, agree to and accept these terms and conditions
in full. You acknowledge that these terms and conditions, and our disclaimer and other
documents made available on our Website, constitute the entire agreement between you, the
user, and us, HiveEx (herein referred to as "Agreement").
2. You acknowledge that this Agreement supersedes all other agreements and understandings, and no representations by us (express or implied), terms, conditions or warranties not expressly stated in this Agreement are binding on the parties. This Agreement can only be varied in writing and on execution by the parties.
3. For the sake of clarity, these terms and conditions govern your use of this Website and our Services; and by using this Website and our Services, you accept these terms and conditions in their entirety. If you disagree with these terms and conditions or any part of them, you must not use this Website or our Services.
4. You must be at least eighteen (18) years of age to use this Website and / or any of our Services. By using this Website and / or our Services, you warrant and represent that you are at least eighteen (18) years of age.
5. You must qualify as a Sophisticated Investor, this means you either have: A gross income for each of the last two financial years of at least $250,000; or Net assets of at least $2.5 million.
6. You must not use this Website or Services in any way that causes, or may cause, damage to
the Website, our Services or the business of HiveEx, including undertake any act or omission
that causes, or may cause, disruption or impairment to the availability or accessibility of the
Website or our Services; any act or omission that is unlawful, illegal, fraudulent or harmful,
whether intentionally or recklessly, including but not limited to any act of money laundering,
corruption, unlawful collusion or terrorism or any other type of illegal activity of any sort.
7. You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
8. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without prior written notification and obtaining our express written consent.
9. Users must not intentionally or unintentionally use TOR or any other anonymous network or protocol to access the site or our Services. Any user found or suspected of doing so will be marked as suspicious and possibly denied access.
10. Users must agree not to access our site or Services by any means other than the interfaces we provide for use in accessing them.
11. You acknowledge that any misuse of this Website as described in these terms and conditions can and will result in the seizure of your accounts and funds. Victims of fraud will not receive refunds, but will be notified and advised on how to prevent such future problems.
12. Users agree to provide us with accurate, current and complete information about themselves as prompted by our registration or service process, and keep such information updated. We reserve the right, at any time and in our sole discretion, to refuse to process a transaction if we believe that information provided by you is not accurate, current and complete.
13. We reserve the right to request identification information (such as driver’s license, identity card, invoices, Government issued photographic identification, utility bills, residential certificate, signed certification of cohabitation, or similar, banking information) depending on the amounts requested through our service or any apparent suspicious activity which may indicate money-laundering or other illegal activity. Identification of the bank account to or from which funds are transferred may also be requested. In certain cases notarization of certain documents may be requested. We also reserve the right in our sole discretion to suspend or cancel any order where the information provided is incomplete or unsatisfactory and to hold the funds in suspense pending resolution of any such enquiries. We may request additional identification information at any time at the request of any competent authority or by application of any applicable law or regulation.
24. Under this Agreement, you are engaging us as your agent to facilitate the purchase of the
encrypted digital or virtual commodity/currencies known as Bitcoin, Ethereum, Litecoin and/or
Ripple on your behalf in accordance with your instructions. That is, we are not selling virtual
commodity/currencies to you. As a result of our Services, you will enter into an agreement with
another entity chosen by us (Counterparty) for the completion of the requested transaction.
Upon request, we can provide you with a copy of the terms and conditions governing the buying
of Bitcoin by the Counterparty in accordance with your order.
25. In consideration for the provision of our Services, you agree to pay us the fees disclosed to you for our services Services provided under this Agreement (Fees).
26. Where you are buying virtual commodities/currencies, you agree to pay our Fees in addition to the amount you provide us to pay the Counterparty on your behalf. You agree that we may deduct our fees from the amount we receive from you.
27. The provision of our Services to you under this Agreement is a taxable supply to you for the purposes of the GST law. Our Fees disclosed to you are inclusive of GST. We will provide you with a tax invoice for the services we provide you under this Agreement.
28. You acknowledge that:
(a) in utilising the Services and trading in virtual commodities/currencies, or similar digital goods, or products is inherently risky, is not recognized legal tender in Australia and other parts of the world, is unregulated by any central or government authority, and may be subject to extreme price volatility;
(b) by using our Website and Services, you represent and warrant that you understand the risks associated with the Services, Bitcoins and digital or virtual currencies, commodities, goods, or products, including those described in this Agreement;
(c) you are responsible for maintaining the security and integrity of your own Bitcoins, Litecoins, Ethereum and/or Ripple wallet, computers, software and digital interfaces;
(d) we accept no responsibility for any loss or damage suffered by you, or any of your authorised agents or representatives, in connection with your use of the Services, including if you provide us with any inadequate, incorrect or false personal information, including but not limited to, incorrect wallet ID’s, digital accounts and information, bank account details, and personal information;
(e) all Concluded Transactions are irreversible, unless agreed by the Counterparty;
(f) we are not responsible for payments made to any incorrect Wallet ID or incorrect bank account details provided by you, your authorized agents or representatives and you and your agents and representatives agree to release and indemnify us for all loss or damage suffered in connection with such incorrect payments; and
(g) before using our Services, you have obtained independent legal and financial advice, including but not limited to, the risks associated with buying, selling and trading of Bitcoins or any other digital currency, commodities, products or goods, under the applicable local laws in your jurisdiction. Sale of Bitcoins and other virtual currencies
29. Subject to the terms and conditions contained herein, we agree to purchase Bitcoins and other virtual currencies from you in accordance with your instructions. Procedures for buying Bitcoins
30. Any payments to be made by you to us for the purposes of buying Bitcoins and other virtual currencies from the Counterparty must be made by way of instant bank transfer using the POLi payment system, cash deposit over the counter at any Westpac Bank branch or a bank transfer to HiveEx’s bank account.
31. You acknowledge that:
(a) in accordance with its terms and conditions, the Counterparty reserves the right to refuse any buy order for any reason, which is at their absolute discretion;
(b) when you enter your details and place an order to buy Bitcoins or other virtual currencies with us, you authorise us to place your order in accordance with your instructions with the Counterparty in order to fulfil your order in accordance with your instructions and in our capacity as your agent for the purposes of you buying Bitcoins and/or other virtual currencies;
(c) when you place an order to buy Bitcoin and/or other virtual currencies with us, we will submit your order to the Counterparty for their acceptance or rejection;
(d) where your buy order has been accepted by the Counterparty and you choose to pay for the Bitcoins and/or other cryptocurrencies over the counter at a Westpac Bank branch, you will receive communication from us over your chosen communication method with an Order ID. You are required to make payment within four (4) hours of receiving the confirmation;
(e) where your buy order has been accepted by the Counterparty and you choose to pay for the Bitcoins and/or other virtual currency using the POLi payment system, you will receive a link to make your direct payment. You will then be redirected to your bank's website to make the payment via the POLi payment system;
(f) you authorise us to apply the payment referred to in clause 31(d) and (e) above as your agent for the purposes of buying Bitcoins and/or other virtual currency (in the appropriate amount as identified or determined by us in accordance with your instructions) from the Counterparty on your behalf;
(g) if payment referred to in clause 31(d) is not received by us as cleared funds into the bank account details that we provide within the four (4) hour payment window, that buy order placed by you is deemed by the Counterparty to have lapsed; and
(h) in the event of a lapsing buy order, the Counterparty reserves the right, at our absolute unfettered discretion, whether to proceed to process the order at the current Bitcoin or other virtual currency market rate, for the currency payment made. Procedures for selling Bitcoins
32. Any payments we make to you from the sale of Bitcoins to us will be made by electronic transfer.
33. You acknowledge that:
(a) we reserve the right to refuse any sell order for any reason, which is at our absolute discretion;
(b) when you place an order to sell Bitcoins and/or other virtual currencies with us, you are required to transfer the nominated quantity of Bitcoins and/or other virtual currency within fifteen (15) minutes of receiving confirmation of your sell order from us
(c) where we accept your sell order, you will receive a message on your chosen communication platform confirming your order and be provided with an Order ID;
(d) where we reject your sell order, the Bitcoins and/or other virtual currency that you transferred to us pursuant clause 33(b) will be transferred back to you;
(e) you warrant to us that you are the person lawfully entitled to sell those Bitcoins and/or virtual currency in return for the purchase price identified or determined by us in accordance with your instructions;
(f) if, according to the blockchain history transaction record on the global register, the transfer has not been made within the fifteen (15) minutes of confirming their order, the sell order is considered by us to have lapsed;
(g) in the event of a lapsing sell order, we reserve the right, at our absolute unfettered discretion, whether to process the order at the current Bitcoin market rate,for the currency payment made;
(h) all fund transfers from a Sell- Bitcoins order confirmation are usually received into your bank account within 1-3 days of your receipt of the email order confirmation and your Order ID. We do not take responsibility for, or guarantee these time-frames, particularly with respect to international transfers. We take no responsibility for any interruption to the transfer of funds caused by banking delays or administration errors, including but not limited to delays or errors that arise from incorrect, inaccurate, incomplete or fraudulent personal or banking information, identification and related security information. We will use reasonable endeavors to co-operate with your nominated banking institution to minimise any delays to fund transfers, however we do not guarantee time-frames for your receipt of cleared funds into your nominated account. You hereby agree, without limitation, to release us from all claims, actions, loss or damage directly or indirectly suffered by you, your employees, agents, assigns and representatives whosoever arising from, or in connection with, any such delay to the transfer of funds;
(i) When we have received your Bitcoins and/or virtual currencies from you, we will send you an acknowledgement of the sale by email; and
(j) if the sale of your Bitcoins and/or virtual currencies to us is a taxable Taxable supply Supply for GST purposes, then you must provide us with a valid tax Tax invoice Invoice with respect to that supply. To assist in this process, we will include a pro-forma tax invoice in the acknowledgement referred to in clause 33(i). Once you notify us of your acceptance of the form and contents of the pro-forma tax invoice, such document will be deemed to be the Tax Invoice that you issued to us for your supply of Bitcoins.The tax invoice must be provided to us at the same time that you place an order to sell Bitcoins on our Website. Indemnity
37. You, your employees, agents, assigns or representatives hereby agree to fully indemnify us (whether under the law of contact, the law of torts or otherwise) for all liability, loss and damage (including all legal costs and disbursements on an indemnity basis) arising from or in connection with the use of the Services, the Website and content, including but not limited to any advice or representations (express or implied) made by us in connection with the Services, and you agree that this indemnity extends to all liability, loss or damage arising from any breach of Website security, digital fraud or embezzlement, or internet hacking of the Website and related software, personal and banking information, digital identification and passwords and wallets ID’s, whether or not such liability, loss or damage was due to any act or omission of you, your employees, agents, assigns or representatives. Your liability pursuant to this clause shall be reduced to the extent that such liability, loss or damage arises due to our negligence or default, including an act of fraud or fraudulent misrepresentation or any other unlawful conduct that directly caused or contributed to such liability, loss or damage, or wherever it would otherwise be unlawful to seek indemnity from you.
38. In addition to the above you agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any negligence or breach by you of any provision of this Agreement, or arising out of any claim raised by us or a third party against you for negligence or breach of any provision of these terms and conditions.
39. The indemnities provided by you in clause 37 and 38 above are unlimited, and are separate liabilities from that which may arise under law or statute, and each indemnity extends to liability for any indirect, special or consequential loss suffered by us not contemplated at the time of entry into this Agreement, and includes without limitation, our business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
40. Any liability, cost or expense for which you indemnify us in clause 37 and 38 is immediately payable by you on receiving written demand from us, and whether or not we have already incurred such liability cost or expense. Reasonableness
41. By using this Website or Services, you agree that the indemnities above are fair and reasonable. If you do not think that the indemnities above are fair and reasonable, you must not use this Website or the Services.
42. You accept that we have an interest in limiting the personal liability of its officers and
employees. You agree that you will not bring any claim personally against our officers or
employees in respect of any losses you suffer in connection with the Website or the Services.
Without limiting the foregoing, you agree that the indemnity above will protect us, our officers,
employees, agents, subsidiaries, successors, assigns and sub-contractors.
43. If any provision of this Agreement is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Agreement. Breaches of these terms and conditions
44. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate or may be required to deal with the breach, including suspending your access to the Website and Services, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you and recovering the costs from you under the indemnity set out in this Agreement. Variation
45. We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this Website from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version. You agree and are taken to accept any revised terms whether or not you have taken the time to read the revised terms. Assignment
46. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
47. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions, without express written consent. Severability
48. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Entire Agreement
49. This Agreement constitutes the entire agreement between you and us in relation to your use of this Website and the Services, and supersedes all previous agreements in respect of your use of this Website and Services. Law and jurisdiction
50. These terms and conditions will be governed by and construed in accordance with the law of New South Wales, Australia, and any disputes relating to this Agreement will be subject to the exclusive jurisdiction of the courts of NSW.
51. Laws in the country where the user resides may not allow the usage of an online tool/s with the characteristics of HiveEx or any of its features. HiveEx does not encourage and cannot be held liable for the violation of any such laws. It is up to you to ensure that you are not breaking any laws in which country or jurisdiction you reside.
52. We at HiveEx value your personal information and are required by law to verify your
personal identity. As a condition of use of our Services, and our Website, HiveEx requires all
customers to complete the personal identification verification process.
53. Where a customer authorises a third party (or agent of the customer) to make cash payment on the customers behalf in respect of a bitcoin and/or virtual currency purchase, for each such buy order, authorisation must in writing and signed by the customer providing details of the third party or agent making cash payment on the customer's behalf in respect of each buy order, including the current name, address and birthdate of the third party or agent. Such written authorisation must be disclosed by the customer to HiveEx prior to using our Services. If such disclosure is not made in advance by the customer within 24 hours of submitting the buy order, HiveEx reserves the right as a condition of submitting any buy order to the Counterparty, that such written authorisation be provided before any buy order will be submitted to the Counterparty. Where no written authorisation is provided by the customer within the 24 hour period, HiveEx may at its absolute discretion not facilitate the order and may elect to refund the cash payment to the third party or agent that made the cash deposit in respect of the buy order. The customer indemnifies HiveEx for all liability of any kind whatsoever and however caused, without limitation, in respect of its failure to provide written authorisation in the proper form in accordance with these Terms and Conditions.
Wherever the following words are referred to in this Agreement and are given the meanings
Agreement - means these terms and conditions, our Website disclaimer and any other policies which are accessible on this Website.
Ancillary Services - means any digital product, process, thing or service required to be used in connection with this Website.
Bitcoins - means the digital or virtual encrypted currency that is the commodity which is the subject of the Services and is exchanged on this Website.
Concluded Transactions – means when the transfer of Bitcoin/s to your wallet ID is recorded with 6 confirmations in the blockchain history transaction record on the global register.
Counterparty - means the entity chosen by us to complete your requested transaction.
Fee - means the commission amount charged by us to you as consideration for the Services provided by us to you.
Parties - means the persons described in this Agreement.
Services – means the Website and related digital services provided by us to you to facilitate the exchange purchase of Bitcoin, and any ancillary services.
Taxable Supply - has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended from time to time.
Tax Invoice - has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended from time to time.
Wallet - means your personal digital identification (ID) for taking receipt of and storing Bitcoins and other virtual currencies.
Website - means “www.hiveex.com”