Terms of Use
(Products and Services)

These Cryptolink Terms of Use (“Terms”) are entered between you (“you”, “your”, or “User”) and Cryptolink (defined below). By accessing, using, attempting to use or clicking “I agree” on any Cryptolink Services (defined below), you agree that you have read, understood and accepted all of the terms and conditions set out in these Terms as well as our Privacy Policy at https://cryptolink.com.au/privacy-policy-products-and-services.
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There is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Assets (defined below). By using Cryptolink Services, you acknowledge and agree that:

• You are aware of the risks associated with transacting Digital Assets;

• You assume all risks related to the use of Cryptolink Services and transacting Digital Assets; and

• Cryptolink shall not be liable for any such risks or adverse outcomes.

If you do not agree to these terms, do not access or use Cryptolink Services.
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I. Definitions

1. Cryptolink refers to an ecosystem comprising Cryptolink Services, websites (including https://cryptolink.com.au), applications, hardware and software provided by Cryptolink Pty Ltd (ABN 33 646 989 595).
2. Digital Assets refer to encrypted or digital tokens or cryptocurrencies with a certain value that is based on distributed ledger technology and cryptography technologies. Digital Assets available for purchase include BTC, ETH, DOGE and XRP. Privacy tokens (such as XMR, ZEC, DASH, XVG, XZC, KMD, ZEN, PIVX and GRS) are not available for purchase.
3. Fiat Currency refers to Australian banknotes ($5, $10, $20, $50 and $100).
4. Cryptolink Services refer to Cryptolink Bitcoin ATMs, Cryptolink Concierge, and other services provided by Cryptolink.
5. Cryptolink Concierge refers to a service in which a User may register a Cryptolink Account and exchange Digital Assets with Fiat Currency in person with Cryptolink or a related third-party.
6. Cryptolink Bitcoin ATMs refer to physical ATM installations (locations available at https://cryptolink.com.au/bitcoin-atms/#findanatm) provided by Cryptolink, which facilitate Cryptolink Account registration and the exchange of Digital Assets with Fiat Currency (spot transactions).
7. Government-Issued ID refers to an original primary photographic identification document that is physical (not scanned) and current (not expired), unless they are passports in which case, they must not be more than two years past expiration. If the government-issued ID does not display your Australian residential address, you will need to email it to support@cryptolink.com.au. Accepted forms of government-issued ID include a driver’s licence or permit from Australia or overseas (including a digital driver’s licence), an Australian passport, a government proof of age card issued in Australia, a foreign passport issued by a foreign government or the United Nations international travel documents issued by a foreign government or the United Nations, and a national identity card issued by a foreign government or the United Nations.
8. Cryptolink Accounts refer to the virtual accounts which are opened by Cryptolink for Users to record basic information and their usage of Cryptolink Services.
   
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II. General

1. Supplementary Terms. The Privacy Policy and all other agreements entered separately between you and Cryptolink are deemed supplementary terms that are an integral part of these terms and shall have the same legal effect.
2. Changes to These Terms. Cryptolink reserves the right to change these Terms at its discretion at any time. Cryptolink will notify such changes by updating the terms displayed on its website or via Cryptolink Services. Changes to these Terms become effective upon publication. If you do not agree to any changes to these Terms, you must stop using Cryptolink Services immediately.
   
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III. Cryptolink Account Registration and Requirements

Users must register and open a Cryptolink Account in accordance with the provisions of these Terms before being able to use Cryptolink Services to exchange Digital Assets with Fiat Currency.
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1. Registration

A User may apply to open a Cryptolink Account before using Cryptolink Services. You are required to bring:

1. Your Government-Issued ID; and
2. A mobile phone for SMS verification.

To complete your application, you must accept these Terms, the Privacy Policy, and other Supplementary Terms. Cryptolink may refuse, at its discretion, to open a Cryptolink Account for you. You agree to provide complete and accurate information when opening a Cryptolink Account and agree to update Cryptolink by emailing support@cryptolink.com.au if any information you provide changes.
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2. Eligibility

By applying for a Cryptolink Account, you represent and warrant that:

1. You are an individual at least 18 years old;
2. You have full legal capacity to enter these Terms;
3. You do not currently have a Cryptolink Account;
4. You have not had a Cryptolink Account previously suspended or cancelled;
5. You are opening a Cryptolink Account for yourself and not on or behalf of someone else and will only use Cryptolink Services for yourself and not on or behalf of someone else; and
6. Your use of Cryptolink Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
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3. User Identity Verification

By applying for a Cryptolink Account, you agree to provide a Government-Issued ID for identity verification. We may require additional personal information to verify your identity, including your name, email address, contact information, phone number, date of birth, and other information. You agree to allow us to keep a record of your personal information during the period for which your Cryptolink Account is active and within seven (7) years after your Cryptolink Account is closed. You also authorise us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud.
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4. Account Usage Requirements

Cryptolink Accounts can only be used by the account registrant. Cryptolink may suspend or cancel the use of Cryptolink Accounts by third parties. Cryptolink assumes no liability for any loss or damage arising from the use of your Cryptolink Account by you or any third party with or without your authorisation.
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5. Account Security

You shall agree to treat your access credentials (such as one-time SMS passwords) as confidential information and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Cryptolink Account and personal information.

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IV. Cryptolink Bitcoin ATMs

Upon completion of the registration and identity verification for your Cryptolink Account, you may use Cryptolink Bitcoin ATMs to exchange Digital Assets with Fiat Currency in accordance with the provisions of these Terms.
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1. Getting Started

Before using a Cryptolink Bitcoin ATM to exchange Digital Assets with Fiat Currency, you are required to bring:

1. A QR code of the receive/deposit address of the Digital Asset you would like to purchase (certain ATMs allow you to print a paper wallet, in which this step is optional);
2. A mobile phone for SMS verification; and
3. The Fiat Currency you would like to exchange for Digital Assets.

You will need to find a Cryptolink Bitcoin ATM and sign in using your Cryptolink Account or complete the registration steps mentioned above.
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2. Sales and Purchases

Once you have signed into a Cryptolink Bitcoin ATM, you can view the Digital Assets available for purchase and their respective prices per unit. To proceed, you must select the Digital Asset you would like to purchase before presenting a QR code of the receive/deposit address of the relevant Digital Asset or selecting the option for the ATM to print a new paper wallet. You will then arrive at a screen displaying the price per unit of the selected Digital Asset as well as the amount of any applicable fixed fees (defined below). At this stage, the ATM will allow you to begin inserting Fiat Currency.

By using a Cryptolink Bitcoin ATM, you acknowledge and agree that:

1. All sales and purchases of Digital Assets by Cryptolink are final and cannot be reversed or cancelled as soon as Fiat Currency is inserted into the ATM. We do not accept any cancellations, returns or provide refunds for your purchase of Digital Assets.
2. The price may fluctuate during the time between viewing the price and finalising your purchase.
3. All Digital Assets are subject to availability, and we reserve the right to discontinue the sale and purchase of Digital Assets without notice.
4. We may restrict exchange or impose any control on exchanges without any prior notice.
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3. Exchange Amounts

There may be a minimum amount of fiat you can exchange for cryptocurrency. The first note you enter must be equal or higher than this minimum amount. After that, the rest of the notes can be either $5, $10, $20, $50 or $100 (provided they are for the same transaction).

You can exchange a maximum of $20,000 per transaction. You can make multiple transactions.
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4. Fees

Cryptolink Bitcoin ATMs earn fee revenue from variable fees and fixed fees. Variable fees are not directly displayed to the User and incorporated into the displayed price of a Digital Asset. Fixed fees are displayed to the User prior to purchase (“fixed fees”). You agree to pay all variable fees and fixed fees. Cryptolink reserves the right to modify variable fees and fixed fees at any time prior to purchase without notice. Modifications to variable fees and fixed fees are effective immediately.
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5. Safety Obligations

By using a Cryptolink Bitcoin ATM, you acknowledge and agree that:

1. You must only ever use a wallet address that belongs to you when purchasing Digital Assets. Never use a wallet address that does not belong to you.
2. You are responsible for ensuring the wallet address you enter is correct. Cryptolink assumes no liability for incorrectly entered addresses.
3. You must not use our ATMs for any transactions related to fraud or illegal activities.
4. You must not engage in any illegal activities or do anything that would cause damage to our services or systems. This includes depositing incorrect Fiat Currency or inserting other items into our ATMs.
5. Cryptolink will not be held responsible for any loss should you fall victim to fraud or scams.
6. Digital Assets transactions are irreversible. It is impossible for Cryptolink to recover lost Digital Assets.
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6. Tax

You agree that it is your responsibility to determine what, if any, taxes apply to the purchases you complete via our ATMs, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Cryptolink is not responsible for determining whether taxes apply to your trades or for collecting, reporting, withholding or remitting any taxes arising from any trades.
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7. Economic Risk

You agree that you shall take all risks incurred in purchasing Digital Assets with Fiat Currency. Cryptolink is not responsible for any loss incurred in trading. You may lose all your funds by purchasing Digital Assets. Cryptolink may not be able to provide the liquidity of the exchange. Your exchange may be subject to high slippage. You bear all the loss from using our services.
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8. Errors

In the event of an error, whether via our services, in processing your purchase, or otherwise, we reserve the right to correct such error and revise your purchase transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received. You agree to contact support@cryptolink.com.au immediately and provide details of the problem. You understand that in rare instances in may take weeks for us to reach a resolution or longer due to circumstances which are out of our control, such as delays from related third-parties (such as cash collections companies or ATM manufacturers).

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V. Liabilities
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1. Disclaimer of Warranties

To the maximum extent permitted by law, any products, services or other items provided by or on behalf of Cryptolink are offered on an “as is” and “as available” basis, and Cryptolink expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from or in the course of performance, dealing or usage in trade. Without limiting the foregoing, Cryptolink does not represent or warrant that Cryptolink products or services are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Cryptolink does not guarantee that any purchase will be executed, accepted or recorded. Except for the express statements set forth in these Terms, you hereby acknowledge and agree that you have not relied upon any other statement or agreement, whether written or oral, with respect to your use and access to Cryptolink Services. Without limiting the foregoing, you hereby understand and agree that Cryptolink will not be liable for any losses or damages arising out of or relating to:

1. Any inaccuracy, defect or omission of digital assets price data;
2. Any error or delay in the transmission of such data;
3. Interruption in any such data;
4. Regular or unscheduled maintenance carried out by Cryptolink and service interruption and change resulting from such maintenance;
5. Any damages incurred by other Users’ actions, omissions or violation of these terms; and
6. Any damage caused by illegal actions of other third parties or actions without authorised by Cryptolink.

2. Disclaimer of Damages and Limitation of Liability

To the maximum extent permitted by law, Cryptolink (and each of our officers, directors, members, employees, agents and affiliates) is not liable to the User in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the User of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.

Notwithstanding the foregoing, in no event will the liability of the Cryptolink (and each of our officers, directors, members, employees, agents and affiliates) under or in connection with these Terms, whether arising in contract, tort, negligence, breach of statutory duty or otherwise must not exceed the fees paid by the User to Cryptolink for the use of Cryptolink Services under these Terms in the 12 months prior to the act that gave rise to the liability, in each case, whether or not Cryptolink has been advised of the possibility of such damages.
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3. Indemnification

You agree to defend, indemnify and hold harmless Cryptolink (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable legal fees, arising out or relating to:

1. Your use of, or conduct in connection with Cryptolink Services;
2. Any feedback you provide;
3. Your violation of these Terms; or
4. Your violation of any rights of any other person or entity.

If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it and, if so, on what terms.

VI. Termination
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1. Suspension of Cryptolink Accounts

You agree that Cryptolink shall have the right to immediately suspend your Cryptolink Account, freeze or lock the Digital Assets or Fiat Currency in all such accounts, and suspend your access to Cryptolink without notice and in our sole discretion for any reason, including if Cryptolink suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that Cryptolink shall not be liable to you for any permanent or temporary modification of your Cryptolink Account or suspension or termination of your access to all or any portion of Cryptolink Services. Cryptolink shall reserve the right to keep and use the transaction data or other information related to such Cryptolink Accounts.
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2. Cancellation of Cryptolink Accounts

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use our services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law. If your Cryptolink Account is terminated, the account and transactional information that meet data retention standards will be securely stored for seven (7) years. In addition, if a transaction is unfinished during the account termination process, Cryptolink shall have the right to notify your counterparty of the situation at that time.

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VII. No Advice

Cryptolink is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any exchanges or other decisions or activities effected by you using Cryptolink Services. Cryptolink is not obligated to provide you with training, education, advice, or any other services in relation to Digital Assets, including how to use store, transfer, or transact any Digital Assets you purchase from or sell to Cryptolink. No communication or information provided to you by Cryptolink is intended as or shall be considered or construed as investment advice, financial advice, trading advice, or any other sort of advice. Cryptolink does not recommend that any Digital Asset should be exchanged or held by you. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation.

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VIII. Privacy Policy

Opening a Cryptolink Account requires the submission of certain personally identifiable information. Please review our Privacy Policy at https://cryptolink.com.au/privacy-policy-products-and-services for a summary of our guidelines regarding the collection and use of personally identifiable information.

1. Miscellaneous
2. Force Majeure. Cryptolink will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Cryptolink’s reasonable control.
3. Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
4. Assignment. You may not assign or transfer any right to use Cryptolink Services or any of your rights or obligations under these Terms without prior written consent from Cryptolink, including any right or obligation related to the enforcement of laws or the change of control. Cryptolink may assign or transfer any or all its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
5. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
6. Contact Information. For more information on Cryptolink, please refer to our website at https://cryptolink.com.au. If you have any questions regarding these Terms, please contact us at https://cryptolink.com.au/contact-us.