Terms and Conditions
Terms and Conditions
Dated 18 May 2018
This website is owned by Hashmonean (us, we or our). By accessing this website you agree to be subject to the terms and conditions set out in this disclaimer and any other notices or disclaimers contained in this website.
The information contained in this website is believed to be accurate and current at the time of compilation and is provided in good faith.We do not accept any responsibility arising in any way (including negligence) for errors in, or omissions from, information contained in this website, or for any loss or damage (whether direct, indirect or otherwise) suffered by the recipient of the information contained in this website, or any other person.
General advice only
Any information provided on this website is intended to be general in nature. This website contains factual information that is not based on your personal objectives, financial situation or needs. A person should not act on this information without first seeking professional advice. The information provided is not personal or comprehensive investment advice and should not be relied on as such. Before acting on any information on this website, you should consider its appropriateness to your circumstances. In deciding whether to acquire or continue to hold an investment you should obtain independent financial advice and consider the Product Disclosure Statement (PDS) available from this website.
Fees and Benefits
If you acquire or hold an investment in the Investors Exchange Fund ARSN 127 384 767 (Fund), we will receive fees and other benefits which are disclosed in the PDS. Remuneration received by us does not imply financial advice to you. Please refer to the Financial Services Guide on this website.
Investment performance
We do not guarantee the repayment of capital or any particular rate of return on investment. Past performance is in no way a guarantee or indication of future performance. Any reference made to past performance is included for illustrative purposes only.
Investment Risk
All investments are subject to investment risks, which could include delays in repayment and loss of capital. Significant risks are outlined in the PDS available from this website.
Future Results
This website may contain statements which are based on current expectations of future events. Such statements are based on views held only at the date of publication of the material and are not guarantees of future performance, results or events. Actual results may differ from those expressed or implied in such statements. We do not give and representations or warranties as to the completeness or reliability of any statements of future results.
Website links
This website provides links to other websites operated by third parties. We not endorse, control or maintain responsibility for the content of those linked websites.
Unauthorised Use
Unless otherwise specified, all materials on this website are our property. No material published by us may be copied, reproduced, modified, republished, uploaded, transmitted or distributed without prior written permission from us. Unauthorised use of this website may give rise to a claim for damages and/or may violate copyright, trademark and other similar laws.
Modification
We reserve the right at any time and from time to time to remove, delete, alter, update or amend the website. In particular, if we believe the website requires technical updates, to be inappropriate, potentially breach regulations, receive complaints or, for any other reason, and in our reasonable discretion, we may remove or modify the website at any time without notice. We will endeavour to highlight any significant or substantive changes where possible. We shall not be liable to you or any third party for any when it is required. If you choose to use our website, then we will regard that use as conclusive evidence of your agreement and acceptance that these Terms and Conditions govern your and our rights and obligations to each other.
Complaints
Please refer to the Financial Services Guide (Section entitled: “If you have a complaint”) available on this website.
Terms of Service relating to supply of crypto-assets
hashmonean.com, and any associated web-based and mobile applications (collectively, "website") are operated by CCDA PTY LTD under Hashmonean business name (“Hashmonean”, “we,” “us”, “our”). We are registered in Queensland, Australia under the ABN 80 311 339 835 and have registered office at 3 Hillside Tce Mount Pleasant QLD 4740.
By using this website, https://hashmonean.com, you the user ("you", "user", "client", "customer"), are deemed to have read, warrant, agree to and accept these terms and conditions in full.
These Terms and Conditions are an agreement between you, the user, and us, Hashmonean. These terms and conditions govern your use of this website and / or services; by using this website and / or services, you accept these terms and conditions in full.
If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website and / or the services.
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.
Other applicable terms
These terms of service refer to our Privacy Policy https://hashmonean.com/policies/privacy/, which also apply to your use of our site. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Changes to these terms
We may revise these terms of use at any time by amending this page. We may email you using the email address you most recently provided to us to advise you that our terms have changed. By continuing to access our website once the revised terms have become effective, you agree to be bound by the revised terms. In the event that you do not agree to the revised terms, you must not access our website or the service and you should contact us at the following email address to close your Hashmonean account: support@hashmonean.com.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Changes to our website
We may update our website from time to time, and may change the content at any time. However, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it.
Accessing our website/s
To access our website and / or use our services, you must be a registered user. You can register as a user of our website and our services by providing an email address and certain identity information, and by creating a password. Once you have successfully registered as a user, we will open your Hashmonean account.
We do not guarantee that our website, or any content on it, will be free from errors or omissions.
We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Acceptable use
You must not use this website or services in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, including but not limited to money laundering, terrorism or any other type of illegal activity of any sort.
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 Hashmonean’s express written consent.
Users agree to provide Hashmonean with accurate, current and complete information about themselves as prompted by our registration or service process, and keep such information updated. You are responsible for verifying the accuracy of all information submitted to our website as part of a transaction.
Hashmonean reserves 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 (including apostille) may be requested. Transactions may be frozen until the identity check has been considered satisfactory by Hashmonean as required by applicable money laundering laws. Hashmonean may request additional identification information at any time at the request of any competent authority or by application of any applicable law or regulation. Hashmonean may also make enquiries using third parties to verify your identity and / or your account details.
Services
Hashmonean provides services for users to buy bitcoin. Hashmonean does not have control of, or liability for, the products or services that are paid for with bitcoin. We do not guarantee the identity of any user or other party or ensure that a buyer will complete a transaction. Hashmonean is not a money transmitter. Hashmonean assists its users in bitcoin transactions.
You must ensure that the user ID and passwords provided by Hashmonean are kept confidential and maintained with adequate security. Hashmonean may restrict your service and / or disable your user ID and password at Hashmonean’s sole discretion if it is suspected that your account has been compromised.
You agree that Hashmonean may provide you communications about your Account and Hashmonean services electronically. You are responsible for keeping your email address up to date in your Account Profile. If at any time you no longer wish to receive these communications, please contact support@hashmonean.com .
Hashmonean reserves the right to restrict your service and / or disable your user ID and password, and to refuse to process or cancel any pending transaction, as required by law, court order or any other binding government order.
Payments
All amounts payable under this Agreement to Hashmonean are exclusive of any GST or VAT. If VAT/GST is or becomes chargeable on any supply made by Hashmonean and Hashmonean is required to account to the relevant tax authority for the VAT/GST, you must pay to Hashmonean (in addition to and at the same time as paying any other consideration for such supply) an amount equal to the amount of the VAT.
Bitcoin
Hashmonean provides a service and acts as agent to purchase bitcoin. The legal status of bitcoin is uncertain. It is not legal tender.
Trading in digital or virtual commodities, goods, or products is inherently risky. You should be aware that the price or value of bitcoin can change rapidly, and may fall or decrease significantly and without warning. By using our services, you represent and warrant that you understand the risks associated with bitcoins and digital or virtual commodities, goods, or products.
Hashmonean accepts no responsibility for any loss or damages if you provide us with any wrong or false information, including but not limited to, incorrect wallet IDs. Hashmonean has no responsibility for ensuring that a third party you are dealing with will or is authorised to complete the transaction. Hashmonean has no control over or liability for the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party. If there are any problems with the way in which a third party has transacted with you, or has provided services to you, you must handle them directly with that third party.
Hashmonean cannot cancel or reverse any bitcoin-to-bitcoin transactions, as long as they are accepted and confirmed on the bitcoin network. Once submitted to the bitcoin network, bitcoin transactions are subject to verification for a period of time, awaiting confirmation by the bitcoin network. A transaction is not complete until this verification has been complete, and transactions will not be reflected in your bitcoin wallet balance until complete.
If or when in doubt regarding any or all of our services, please obtain independent legal and / or financial advice, including but not limited to, the buying, selling and trading of bitcoins or any other digital commodities, products or goods, under the local laws of your jurisdiction.
Hashmonean reserves the right to refuse to process any order or transaction for any reason.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
You must not use any part of the content on our website for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Linking to our website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
Third party links and resources in our website
Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
Warranties
This website is provided ’as is‘ without any representations or warranties, express or implied. Hashmonean makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Hashmonean does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Any part of this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.
Limitations of liability
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Australian law.
The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website, or any content on it, and / or to the services, whether express or implied.
Hashmonean will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website and / or the services:
- for any use of, or inability to use, our site and / or the services;
- for any use of or reliance on any content displayed on our website;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
- These limitations of liability apply even if a loss was foreseeable, or if Hashmonean has been expressly advised of the potential loss.
We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Without prejudice to the limitations and exclusions set out above, to the extent that Hashmonean is liable to you, whether in contract (including under any indemnity or warranty), in tort (including negligence), for breach of statutory duty, or otherwise, under or in connection with these terms, Hashmonean’s liability to you is limited to $50 Australian dollars.
Other parties
We may use third party service providers in the provision of parts of our services, including our technology and banking partners.
You accept that Hashmonean has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Hashmonean’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Hashmonean’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Hashmonean.
Save as expressly stated otherwise, a person who is not a party to these terms has no right to enforce any term of this agreement under the Contracts (Rights of Third Parties) Act 1999.
Indemnity
You hereby indemnify Hashmonean and undertake to keep Hashmonean indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by CoinJvult to a third party in settlement of a claim or dispute on the advice of Hashmonean’s legal advisers) incurred or suffered by Hashmonean arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Severability
If any provision of these terms is or becomes invalid, illegal or unenforceable in any jurisdiction in connection with its performance, such provision shall be deemed deleted to the minimum extent necessary in the relevant jurisdiction (which can include deleting only part of the relevant provision) and shall continue in full force and effect without deletion in jurisdictions where it is not invalid, illegal or unenforceable.
Assignment
Neither of us shall assign, novate, subcontract or otherwise dispose of any or all of our rights and obligations under this Agreement without the prior written consent of the other.
Entire agreement
These terms and conditions, together with our privacy policy and disclaimer, constitute the entire agreement between you and Hashmonean in relation to your use of this website and services, and supersede all previous agreements in respect of your use of this website and our services.
We each acknowledge that, in entering into these terms, we do not rely on, and shall have no remedies in respect of, any statement, promises, assurances, warranties, representations or understandings (whether oral or written, and whether made innocently or negligently) made by or on behalf of the other that are not set out in these terms.
We each agree that we shall have no claim for innocent or negligent misrepresentation based on any statement in these terms, save that nothing in these terms shall limit or exclude any liability for fraud.
Law and jurisdiction
If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by Queensland State law. You and we both agree to that the courts of Australia will have non-exclusive jurisdiction.
If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Queensland law. We both agree to the exclusive jurisdiction of the courts of Australia.
Contact us
To contact us, please email support@hashmonean.com
This information is general only and does not constitute financial product advice and does not take into account your personal objectives, financial situation or needs and you should consider these before acting.