วันที่ 7 เมษายน 2565
\n\n\n\nหนังสือแจ้งสำคัญ เกี่ยวกับข้อกำหนดและเงื่อนไขใหม่และการจัดการโอนสินทรัพย์ดิจิทัล
\n\n\n\nขอขอบพระคุณที่ท่านใช้บริการและสนับสนุนเรามาโดยตลอด
\n\n\n\nท่านได้รับหนังสือแจ้งฉบับนี้ เนื่องจากท่านเป็นผู้ใช้บริการทั้งหมด หรือบริการใดบริการหนึ่งดังต่อไปนี้ที่ให้บริการโดย บริษัท ซิปเม็กซ์ จำกัด (“Zipmex Thailand”) (“เรา”, “พวกเรา”, “ของเรา”):
\n\n\n\nโดยคำต่าง ๆ ที่ใช้แต่ไม่ได้มีการนิยามไว้ในหนังสือแจ้งฉบับนี้ ให้มีความหมายเช่นเดียวกับที่ถูกนิยามไว้ในข้อกำหนดและเงื่อนไขที่เกี่ยวข้องของ Zipmex Thailand (ตามที่กำหนดไว้ด้านล่างตามแต่กรณี)
\n\n\n\nเหตุที่ท่านได้รับหนังสือแจ้งฉบับนี้
\n\n\n\nเราประสงค์จะแจ้งให้ท่านทราบว่า เราได้ดำเนินการเปลี่ยนแปลงข้อกำหนดและเงื่อนไขสำหรับ
\n\n\n\nเราขอแจ้งข้อมูลเกี่ยวกับการเปลี่ยนแปลงข้อกำหนดและเงื่อนไขของ ZipUp+ ในหนังสือแจ้งฉบับนี้ เรามีความจำเป็นที่จะต้องได้รับการตอบกลับจากท่านในเรื่องที่ระบุไว้ ดังนั้น โปรดพิจารณาเนื้อหาให้ครบถ้วน
\n\n\n\nหากท่านมีข้อสงสัยเกี่ยวกับหนังสือแจ้งฉบับนี้ การเปลี่ยนแปลงข้อกำหนดและเงื่อนไข หรือข้อกำหนดและเงื่อไขของ ZipUp+ ประการใด โปรดขอคำปรึกษาเพิ่มเติมจากที่ปรึกษาผู้เชี่ยวชาญของท่านต่อไป
\n\n\n\nการเปลี่ยนแปลงข้อกำหนดและเงื่อนไขของ ZipUp+ มีดังต่อไปนี้
\n\n\n\nการสิ้นสุดสถานะผู้ใช้บริการกับเรา: ตั้งแต่ 8 พฤษภาคม 2565 การให้บริการทั้งหมดตามข้อกำหนดและเงื่อนไขของ ZipUp+ จะถูกยกเลิก กล่าวคือตั้งแต่วันที่ระบุข้างต้นเป็นต้นไป สถานะผู้ใช้บริการกับเราภายใต้บริการ ZipUp+ จะยุติลง
\n\n\n\nการเปลี่ยนแปลงการให้บริการไปยัง Zipmex Asia: เพื่อให้การเปลี่ยนแปลงผู้ให้บริการเป็นไปอย่างราบรื่นที่สุด เราขอเสนอทางเลือกให้ท่านสามารถใช้บริการ ZipUp+ ต่อไปได้ ซึ่งจะให้บริการโดย Zipmex Asia Pte. Ltd. และ/หรือ บริษัทอื่นในเครือที่กำหนด (โดยเรียกรวมกันว่า “Zipmex Asia”) ภายใต้ทางเลือกนี้ ท่านจะมีสถานะเป็นผู้ใช้บริการของ Zipmex Asia และท่านจะสามารถใช้บริการ ZipUp+ ได้อย่างต่อเนื่องและอย่างราบรื่น (“การเปลี่ยนแปลง”)
\n\n\n\nคำขอโอนย้ายทั้งหมดจะเป็นไปตามดุลยพินิจของเราและภายใต้กฎหมายที่บังคับใช้ บริการต่าง ๆ ของ Zipmex Asia จะอยู่ภายใต้ข้อกำหนดและเงื่อนไขที่กำหนดไว้เป็นการเฉพาะ (รายละเอียดปรากฎตาม: https://zipmex.com/terms-and-conditions/) และคุณสมบัติการได้รับสิทธิ
\n\n\n\nเราต้องได้รับความยินยอมจากท่านเพื่อที่จะดำเนินการตามการเปลี่ยนแปลงดังกล่าว โปรดอ่านข้อมูลและแสดงความประสงค์ของท่าน การแสดงความประสงค์ของท่านภายในเวลาที่กำหนดมีความสำคัญและจำเป็นเป็นอย่างยิ่ง เพื่อหลีกเลี่ยงการที่จะถูกยกเลิกบริการ ZipUp+
\n\n\n\n| คำร้องขอให้ดำเนินการ – การจัดการสินทรัพย์ดิจิทัล และการจัดเตรียมการโอน | |
|---|---|
| สถานะ และความประสงค์ของท่าน | การดำเนินการ |
| ท่านยินยอมให้เปลี่ยนแปลงการให้บริการไปยัง Zipmex Asia | ท่านต้องให้ความยินยอมภายใน 18.00 น. (เวลาประเทศไทย) ของวันที่ 7 พฤษภาคม 2565 โดยการกด “Accept” เมื่อท่านลงทะเบียนเข้าใช้งานบัญชี Zipmex ของท่าน เพื่อให้ความยินยอมสำหรับการดำเนินการดังต่อไปนี้:
|
| หากท่านไม่ให้ความยินยอมภายในวันที่ 7 พฤษภาคม 2565 หรือ ท่านไม่ประสงค์ที่จะใช้บริการต่อไปเนื่องจากการเปลี่ยนแปลงผู้ให้บริการเป็น Zipmex Asia | ท่านจะไม่สามารถใช้บริการ ZipUp+ ได้ต่อไป ภายใน 8 พฤษภาคม 2565 ท่านจะไม่ได้รับโบนัสเข้าไปยังบัญชี ZipUp+ ของท่านที่เปิดไว้กับ Zipmex Thailand อีกต่อไปโดยไม่จำเป็นต้องมีการบอกกล่าวใดๆ |
การจัดเก็บข้อมูลส่วนบุคคลของท่าน
\n\n\n\nเราให้ความเคารพในความเป็นส่วนตัวและการรักษาข้อมูลความลับของท่าน ตลอดระยะเวลาที่ให้บริการ เราปฏิบัติตามโนยบายความเป็นส่วนตัวของเราซึ่งท่านได้ให้ความยินยอมในการเปิดเผยและโอนย้ายข้อมูลส่วนบุคคลไปยังบริษัทในเครือของเราในต่างประเทศเพื่อวัตถุประสงค์ในการดำเนินธุรกิจของเรา
\n\n\n\nเราได้ปฏิบัติตามกฎหมายและหลักเกณฑ์ที่เกี่ยวข้องทุกประการเรื่องการคุ้มครองข้อมูลส่วนบุคคล และจะไม่เก็บข้อมูลของท่านเกินกว่าระยะเวลาที่จำเป็น รวมถึงจะไม่ใช้ข้อมูลของท่านเพื่อวัตถุประสงค์อื่นซึ่งไม่ได้เปิดเผยให้ท่านทราบ เรามีหน้าที่ที่จะต้องเก็บข้อมูลของท่านภายใต้ระยะเวลาที่กฎหมายกำหนด ในระหว่างการเก็บรักษาข้อมูล เราจะไม่ใช้ข้อมูลของท่านเกินกว่าขอบเขตที่กำหนดไว้ภายใต้กฎหมายที่เกี่ยวข้อง
\n\n\n\nหากท่านมีคำถามเกี่ยวกับการจัดเก็บข้อมูลส่วนบุคคลของท่าน โปรดติตต่อเรา ตามรายละเอียดดังต่อไปนี้
\n\n\n\nหากท่านมีคำถามเพิ่มเติมเกี่ยวกับหนังสือแจ้งฉบับนี้
\n\n\n\nโปรดติดต่อสอบถามข้อมูลเพิ่มเติม
\n\n\n\nท่านสามราถติดต่อสอบถามเราได้ที่:
\n\n\n\nอีเมล: support.th@zipmex.com
\n\n\n\nเว็บไซต์: https://zipmex.com/th/contact-us/
\n\n\n\nขอแสดงความนับถือ
บริษัท ซิปเม็กซ์ จำกัด
Effective: 30 March 2022
\nThese terms and conditions (“ZipUp+ T&Cs” or “Agreement“) constitute a legally binding agreement between you and Zipmex (Pte. Ltd.) (“Zipmex”, “we”, “us”, “our”), a company incorporated in Singapore, which governs your use of ZipUp+, a feature within the Zipmex Wallet App (“Wallet App”). Your “Zipmex Account” is the account with us in which you may transfer qualifying Digital Assets to earn interest as described in the “TRANSFER” section below. References shall be made to the Zipmex T&Cs, unless otherwise stated, defined terms used in these ZipUp+ T&Cs shall have the same meanings given to them in the Zipmex T&Cs. For the avoidance of doubt, “ZipUp+ Assets” means any Digital Assets or other assets:
\nDisclosure of Risks
\nYou understand, acknowledge and agree that:
\nYou are only eligible to enter into this Agreement and use ZipUp+ if you are an approved user of Zipmex who has completed the registration process, received an approval email from us and agreed to the Zipmex T&Cs.
\nBy entering into this Agreement, you acknowledge and confirm that you satisfy all the conditions set out above (“Eligible User”). If we later become aware that you are not an Eligible User (“Ineligible User”), we may delete your ZipUp+ Account immediately and ban you from using any of our or our Affiliates’ products or services. Zipmex shall not be held liable for any legal or monetary consequences arising from the use of ZipUp+ or our services and products by an Ineligible User. Any Ineligible User shall indemnify and hold harmless Zipmex and its Affiliates from any legal or monetary consequences arising from such use.
\nZIPMEX EARN PLANS
\nZipmex offers flexible Earn Plans for different Digital Assets. ZipLock is a Fixed Earn Plan and ZipUp+ is a Flexi Earn Plan. Each Earn Plan you establish will be separate. In that way, the reward calculation for each of these Earn Plans will be done separately based on the cryptocurrency in the specific Earn Plan. Additionally, if you stake ZMT, you may enjoy a more favourable reward rate for your Earn Plan.
\nYou are allowed to have multiple active Earn Plans at a given time provided that the total Principal (as defined below) for all of your Earn Plans shall not exceed the maximum Principal limit as displayed on the Wallet App. We may change this maximum Principal limit at any time by disclosing such change and the new limit in your Wallet App.
\nTRANSFER
\nYou may transfer any Digital Assets supported by ZipUp+ (as displayed on the Wallet App and as may be revised from time to time) from the relevant wallet in your Wallet App to your ZipUp+ Account as principal (the “Principal”) to earn interest.
\nYou understand and agree that during the term of your holding, Zipmex may hold or convert the Principal into other cryptocurrencies for our investment purposes, which may include the making of loans to other Zipmex customers. Those investments by Zipmex are made in the name of Zipmex only and you will have no benefits or liabilities from such investments.
\nINTEREST AND RELATED TERMS
\nInterest Accrual. The Principal will start accruing interest 48 hours after you establish the Earn Plan and fund the Earn Plan with Digital Assets from the relevant wallet in your Wallet App. Interest will be compounded and calculated using the APY method. Accrued interest will be paid in the same Digital Assets as the Principal and credited to the relevant wallet in your Wallet App. If we do change any interest rates, we will notify you via email of such changes reasonably in advance of implementing them.
\nTimezone. Zipmex will be using Universal Coordinated Time (UTC) as the reference time to calculate all transfers, withdrawals and interest. Zipmex will endeavour to airdrop any amounts at or about 15:00 UTC daily.
\nCap on Rewards. There may be campaigns organised from time to time where Zipmex will distribute additional rewards in addition to the interest on ZipUp+ Earn Plans. There may be a cap specified for these rewards and these rewards will be distributed while stocks last and at the sole discretion of Zipmex.
\nReward Rate. A variable rate of interest applies to ZipUp+ Earn Plans, so your reward rate may change. For the reward rate applicable to the ZipUp+ Earn Plan, please refer to the details of the ZipUp+ Earn Plan set out in the Wallet App. We may change the reward rate on your ZipUp+ Earn Plan at any time in our discretion. If we do change the reward rate, we will notify you via email of such new reward rate reasonably in advance of implementing the new rate.
\nWithdrawals. You may withdraw Principal from your ZipUp+ Earn Plan at any time by making a transfer to your wallet using the Wallet App. If you intend to withdraw funds, you may refer to any associated withdrawal fees at: https://zipmex.com/fee-schedule/.
\nOUR RIGHTS
\nWe expressly reserve the right to and at any time, without liability to you to:
\nIn consideration for your use of the ZipUp+ programme and other valuable consideration, you grant Zipmex all rights and title to all ZipUp+ Assets (including all ownership rights), subject to limited rights described in clause 2 below.
\n\n
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\n
\n
\n
\n
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in each case, subject to these Terms. As such, Zipmex only has a debtor-creditor relationship with you with respect to all ZipUp+ Assets;
\n\n
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Neither clause 1 nor 2 should be taken to imply:
\n\n
Both of clauses 1 and 2 are subject to applicable law and any regulatory requirements. Where any ZipUp+ Assets are required to be held in any other capacity (for example, beneficially for you), we will seek to notify you of that change.
\nTAXES
\nYou are responsible for your own tax obligation regarding your use of ZipUp+. It is your responsibility to determine what kind of filing or reporting is required of you by the competent tax authority, which taxes and to what extent you are obliged to pay and which tax exemptions you are eligible to. Zipmex shall not be required to compensate you for your tax obligation or advise you in relation to your tax issues. Notwithstanding the foregoing, Zipmex will make any tax withholdings or filings that we are required to make by law.
\nRESTRICTED ACTIVITIES
\nYou shall use ZipUp+ and our services in good faith. Without limiting the foregoing, you agree that you shall not: (i) violate or breach any terms in these ZipUp+ T&Cs, Privacy Notice or Cookies Policy or any applicable laws and regulations in any jurisdiction; (ii) provide false, inaccurate, incomplete, out-of-date or misleading information; (iii) commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities; (iv) interfere, intercept, or expropriate our network, system, data, or information; (v) transmit or upload any virus, or other malicious software or program; (vi) attempt to gain unauthorized access to other users’ accounts, website, network or systems relating to our services; (vii) decompile, reverse engineer or disassemble the ZipUp+ or any of our programme, system or product, or in any way infringe our intellectual properties rights; (viii) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the ZipUp+ or any of our programme, system or product; or unduly burdening or hindering the operation and/or functionality of any aspect of ZipUp+.
\nRISK DISCLOSURE
\nLegal and Regulatory: The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and subject to significant uncertainty. It is possible that in the future, certain laws, regulations, policies or rules relating to Digital Assets, blockchain technology, or blockchain applications may be implemented, which would directly or indirectly affect or restrict the services we provide to you.
\nYOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE USE OF ZIPUP+ OR ANY OF OUR SERVICES IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE ZIPUP+ OR ANY OF OUR SERVICES SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.
\nWe may be forced to suspend or discontinue or to change aspects of ZipUp+ or any of our services in any jurisdictions if demanded by the regulators without notice and for whatever reason. In such instance, Digital Assets in your ZipUp+ Account may be frozen for an indefinite period of time until the matter is resolved.
\nTheft, Hacking and Cyber Attack: Digital Assets may be subject to expropriation, theft and/or fraud; hackers or other malicious groups or organizations may attempt to interfere with our system/network in various ways, including malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing which may result in the loss of your Digital Assets, or the loss of your ability to access or control your Digital Assets. In such event, there may be no remedy, and holders of Digital Assets are not guaranteed any remedy, refund, or compensation.
\nSource Code Weakness: There is a risk that the Wallet App or any of our products may unintentionally include weaknesses or bugs in the source code which may adversely affect ZipUp+.
\nTax: The uncertainty in tax legislation relating to Digital Assets may expose you to any currently unknown or future tax consequences, associated with your holding of Digital Assets and the use of our service.
\nInsurance: The Digital Assets held in your account including your ZipUp+ are not protected by any government-backed insurance scheme.
\nForce Majeure: Zipmex shall not be liable for any delay, error, interruption or failure to perform any obligation under this ZipUp+ T&Cs where the delay or failure is directly or indirectly resulting from any cause beyond our control, including but not limited to (i) acts of God, nature, court or government; (ii) failure or interruption in public or private telecommunication networks, communication channels or information systems; (iii) acts or omissions of acts of a party for whom we are not responsible; (iv) delay, failure or interruption in, or unavailability of, third party services and sites; (v) strikes, lockouts, labour disputes, wars, terrorist acts and riots; and (vi) viruses, malwares, other malicious computer codes or the hacking of any part of the Zipmex Wallet App Services or ZipUp+.
\nYou understand and agree that you use the Wallet App and ZipUp+ at your own risk. This section is not exhaustive and does not disclose all the risks associated with Digital Assets and the use of our services. You should, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
\nLIMITATION OF LIABILITY
\nNOTWITHSTANDING ANY PROVISIONS IN THESE ZIPUP+ T&CS, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICES OR EQUIPMENT, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
\nExcept as expressly provided in these ZipUp+ T&Cs, to the extent permitted by law, we disclaim all other representations or warranties, express or implied, made to you, your affiliates or any other person, including without limitation, any warranties regarding quality, suitability, merchantability, fitness for a particular purpose or otherwise (regardless of any course of dealing, custom or usage of trade) of any service or any goods provided incidental to the Wallet App Services provided under these ZipUp+ T&Cs.
\nOur liability in respect of representations and warranties that cannot be excluded under these ZipUp+ T&Cs, at our option, is limited to any one of re-supplying, replacing or repairing, or paying the cost of the re-supplying, replacement or repairing, or paying the cost of supplying again the services in respect of which the breach occurred.
\nIN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH ZIPUP+ EXCLUDING THE FEES YOU PAID US FOR YOUR USE OF THE SERVICE DURING THE 12 MONTH PERIOD IMMEDIATELY PRECLUDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
\nINDEMNIFICATION
\nYou will defend, indemnify, and hold harmless Zipmex, its Affiliate, each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to any third-party claim concerning these ZipUp+ T&Cs or your use of ZipUp+ or any of our services in violation to these ZipUp+ T&Cs or any laws and regulations.
\nTERMINATION, SUSPENSION OR CLOSURE
\nThis Agreement will be terminated immediately by closing of your ZipUp+ Account and discontinuing use of ZipUp+. The termination of this Agreement shall not prevent any Party from seeking any remedies against any other Party for any breach of this Agreement occurring prior to such termination.
\nIf you have remaining balance in your ZipUp+ Account which has been suspended or closed, you are entitled to recover such balance in accordance with the Wallet App T&Cs, unless we are prohibited by law or a court order to release such assets or where we have reasonable grounds to suspect that such assets were obtained through fraud or any unlawful means or connected with any criminal activities. If you have any questions about or face any problems as a result of this Section, please contact us at https://zipmex.com/contact-us/.
\nGOVERNING LAW AND ARBITRATION
\nYou agree that these ZipUp+ T&Cs and any claim or dispute arising out of or in connection with the subject matter of these ZipUp+ T&Cs are governed by the laws of Singapore, without regard to principles of conflict of laws.
\nYou agree to submit to the personal and exclusive jurisdiction and venue of Singapore to determine any dispute or claim arising out of or in connection with ZipUp+, our products and services or these ZipUp+ T&Cs or their subject matter, existence, negotiation, validity, termination or enforceability (including any non-contractual dispute or claim). You hereby irrevocably waive any and all rights to trial by jury with respect to any dispute or proceeding arising out of these ZipUp+ T&Cs.
\nYou agree that regardless of any statute, regulation or law to the contrary, to the fullest extent permitted by applicable law, any claim or cause of action that you bring arising out of these ZipUp+ T&Cs must be filed within one (1) year after such claim or cause of action arose or be forever barred.
\nGENERAL
\nNotice: Any notice required or made under these ZipUp+ T&Cs by us to you may be provided through: (i) posting a notice on our Site or Wallet App; or (ii) sending an email to your registered email address. Notices provided through posting on our website or app shall become effective upon posting; and (iii) notices we sent by email shall become effective upon sending the email.
\nAny notice required or made under these ZipUp+ T&Cs by you to us shall only be made through email at support.global@zipmex.com in English language.
\nEntire Agreement: This Agreement (together with the Privacy Notice and Cookie Policy) represents the entire agreement between you and us in relation to the use of the services provided by ZipUp+. This Agreement supersedes all prior representations, understandings, agreements, or communications between you and us, whether written or verbal, including any statements published in our whitepaper, regarding the ZipUp+ platform.
\nYour use of other features of the Wallet App shall be governed by the Wallet App T&Cs.
\nSeverability: The invalidity of the whole or part of any provision of these ZipUp+ T&Cs shall not affect the validity of the whole or part of any other provision of this Agreement, the remaining portions of these ZipUp+ T&Cs shall remain in full force and effect.
\nWaiver: The failure by us to exercise or enforce any right or provision of these ZipUp+ T&Cs shall not constitute a present or future waiver of such right or provision.
\nAmendments: These ZipUp+ T&Cs (including fees and charges) may be updated or amended from time to time. We will post any such updates on https://zipmex.com/earn/ . Such updated terms as posted will take effect immediately unless otherwise indicated. You should regularly check https://zipmex.com/earn/ to inform yourself of any such changes. By continuing to use ZipUp+ after any such changes have taken effect, you are indicating your acceptance of the updated or amended ZipUp+ T&Cs. If you do not wish to be bound by any changes or amendments to the ZipUp+ T&Cs, you should stop using ZipUp+ immediately. If Zipmex chooses to seek your consent on any matter at its discretion despite these rights, such action will not be taken to be mandatory for any other purpose.
\nRelationship: By providing the ZipUp+ service to you does not make us your trustee or investment adviser and no fiduciary relationship exist between us. We have no trust or other obligations in respect of your crypto assets other than those expressly specified in these ZipUp+ T&Cs.
\nThird Parties Rights: Other than the Affiliates of Zipmex, a person who is not a party to this Agreement shall have no right under this Agreement.
\nTransfer and Assignment: You shall not assign, delegate or transfer any rights or obligations under this Agreement, without our prior written consent. Any such assignment, delegation or transfer made without our consent shall be void and invalid. Notwithstanding the foregoing, we reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time without your notice or consent. Conflicts: In the event that there are conflicts between these ZipUp+ T&Cs and the Wallet App T&Cs on aspects relating to ZipUp+, these T&Cs shall prevail; on aspects relating to the application of the Wallet App, the Wallet App T&Cs shall prevail.
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Last material update: 30 March 2022
\nThese terms and conditions (“ZipUp+ T&Cs” or ” Agreement“) constitute a legally binding agreement between you and Zipmex Australia Pty Ltd (“Zipmex“, ” we“, ” us“, ” our“) who is the Australian subsidiary of Zipmex Pte. Ltd., a company incorporated in Singapore. This agreement governs your use of ZipUp+, a feature within the Zipmex Wallet (“Zipmex Wallet“). Your “Zipmex Account” is the account with us in which you may transfer qualifying Supported Digital Currencies to earn interest as described in the “TRANSFER” section below.
\nReferences shall be made to the Zipmex Terms of Service (“Zipmex T&Cs”). Unless otherwise stated, defined terms used in these ZipUp+ T&Cs shall have the same meanings given to them in the Zipmex T&Cs. For the avoidance of doubt, “ZipUp+ Assets” means any Digital Assets or other assets:
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Disclosure of Risks
\nYou acknowledge and agree that:
\nYou are only eligible to enter into this Agreement and use ZipUp+ if you are an approved user of Zipmex who has completed the registration process, received an approval email from us and agreed to the Zipmex T&Cs.
\nBy entering into this Agreement, you acknowledge and confirm that you satisfy all the conditions set out above (” Eligible User“). If we later become aware that you are not an Eligible User (“Ineligible User“), we may delete your Zipmex Account immediately and ban you from using any of our or our Affiliates’ products or services. Zipmex shall not be held liable for any legal or monetary consequences arising from the use of ZipUp+ or our services and products by an Ineligible User. Any Ineligible User shall indemnify and hold harmless Zipmex and its Affiliates from any legal or monetary consequences arising from such use.
\nZIPMEX EARN PLANS
\nZipmex offers different Earn Plans for different digital assets. ZipLock is a Fixed Earn Plan and ZipUp+ is a Flexi Earn Plan (each an “Earn Plan“). Each Earn Plan you establish will be separate. In that way, the interest calculation for each of these Earn Plans will be done separately based on the cryptocurrency in the specific Earn Plan. Additionally, if you stake ZMT, you may enjoy a more favourable interest rate for your Earn Plan.
\nYou are allowed to have multiple active Earn Plans at any given time provided that the total Principal (as defined below) for all of your Earn Plans shall not exceed the maximum Principal limit as displayed on the Zipmex Wallet. We may change this maximum Principal limit at any time by disclosing such change and displaying the new limit in your Zipmex Wallet.
\nTRANSFER
\nYou may transfer any Digital Assets supported by ZipUp+ (as displayed on the Zipmex Wallet and as may be revised from time to time) from the relevant wallet in your Zipmex Wallet to your ZipUp+ Account as principal (the “Principal“) to earn interest.
\nYou acknowledge and agree that during the term of your holding, Zipmex may hold or convert the Principal into other cryptocurrencies for our investment purposes, which may include the making of loans to other Zipmex customers. Those investments by Zipmex are made in the name of Zipmex only and you will have no benefits or liabilities from such investments.
\nINTEREST AND RELATED TERMS
\nInterest Accrual. The Principal will start accruing interest on the day after you establish the Earn Plan and fund the Earn Plan with Supported Digital Currencies from the relevant wallet in your Zipmex Wallet. Interest will be calculated and credited on a daily basis. Accrued interest will be paid in the same Supported Digital Currencies as the Principal and credited to the relevant wallet in your Zipmex Wallet. If you close your Earn Plan before interest is credited, you will only receive the accrued interest up to the day before the withdrawal instruction.
\nTimezone. Zipmex will be using Universal Coordinated Time (UTC) as the reference time to calculate all transfers, withdrawals and interest.
\nCap on Rewards. There may be campaigns organised from time to time where Zipmex will distribute additional rewards in addition to the interest on ZipUp+ Earn Plans. There may be a cap specified for these rewards and these rewards will be distributed while stocks last and at the sole discretion of Zipmex.
\nInterest Rate. A variable rate of interest applies to ZipUp+ Earn Plans, so your interest rate may change. For the interest rate applicable to the ZipUp+ Earn Plan, please refer to the details of the ZipUp+ Earn Plan set out in the Zipmex Wallet. We may change the interest rate on your ZipUp+ Earn Plan at any time in our discretion. If we do change the interest rate, we will notify you in writing in your Zipmex Wallet or by email of such new interest rate.
\nWithdrawals. You may withdraw Principal and any accrued interest credited from your ZipUp+ Earn Plan at any time by making a transfer to your wallet using the Zipmex Wallet.
\nOUR RIGHTS
\nWe expressly reserve the right, at any time and without liability to you, to:
\nIn consideration for your use of the ZipUp+ programme and other valuable consideration, you grant Zipmex all rights and title to all ZipUp+ Assets (including all ownership rights), subject to limited rights described in clause 2 below.
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in each case, subject to these Terms. As such, Zipmex only has a debtor-creditor relationship with you with respect to all ZipUp+ Assets;
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Neither clause 1 nor 2 should be taken to imply:
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Each of clauses 1 and 2 are subject to applicable law and any regulatory requirements. Where any ZipUp+ Assets are required to be held in any other capacity (for example, beneficially for you), we will seek to notify you of that change.
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TAXES
\nYou are responsible for your own tax obligation regarding your use of ZipUp+. It is your responsibility to determine what kind of filing or reporting is required of you by the Australian Taxation Office, which taxes and to what extent you are obliged to pay and which (if any) tax exemptions you are eligible for. Zipmex shall not be required to compensate you for your tax obligation or advise you in relation to your tax issues. Notwithstanding the foregoing, Zipmex will make any tax withholdings or filings that we are required to make by law.
\nRESTRICTED ACTIVITIES
\nYou shall use ZipUp+ and our services in good faith. Without limiting the foregoing, you agree that you shall not: (i) violate or breach any terms in these ZipUp+ T&Cs, Privacy Notice or Cookies Policy or any applicable laws and regulations in Australia; (ii) provide false, inaccurate, incomplete, out-of-date or misleading information; (iii) commit, conduct or perform any misrepresentation, fraud, malicious act or criminal activities; (iv) interfere, intercept, or expropriate our network, system, data, or information; (v) transmit or upload any virus, or other malicious software or program; (vi) attempt to gain unauthorized access to other users’ accounts, website, network or systems relating to our services; (vii) decompile, reverse engineer or disassemble the ZipUp+ or any of our programs, system or product, or in any way infringe our intellectual properties rights; (viii) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the ZipUp+ or any of our programme, system or product; or unduly burdening or hindering the operation and/or functionality of any aspect of ZipUp+.
\nRISK DISCLOSURE
\nLegal and Regulatory: The regulatory status of Digital Assets is currently unsettled, varies among jurisdictions and subject to significant uncertainty. It is possible that in the future, certain laws, regulations, policies or rules relating to Digital Assets, blockchain technology, or blockchain applications may be implemented, which would directly or indirectly affect or restrict the services we provide to you.
\nYOU ARE RESPONSIBLE FOR DETERMINING WHETHER YOUR USE OF ZIPUP+ OR ANY OF OUR SERVICES IS LEGAL IN YOUR JURISDICTION AND YOU SHALL NOT USE ZIPUP+ OR ANY OF OUR SERVICES SHOULD SUCH USE BE ILLEGAL IN YOUR JURISDICTION. IF YOU ARE UNCERTAIN, PLEASE SEEK INDEPENDENT LEGAL ADVICE.
\nWe may be forced to suspend or discontinue or to change aspects of ZipUp+ or any of our services in any jurisdictions without notice and for whatever reason if demanded by the regulators. In such instance, Digital Assets in your ZipUp+ Account may be frozen for an indefinite period of time until the matter is resolved.
\nTheft, Hacking and Cyber Attack: Digital Assets may be subject to expropriation, theft and/or fraud; hackers or other malicious groups or organizations may attempt to interfere with our system/network in various ways, including malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing which may result in the loss of your Digital Assets, or the loss of your ability to access or control your Digital Assets. In such event, there may be no remedy, and holders of Digital Assets are not guaranteed any remedy, refund, or compensation.
\nSource Code Weakness: There is a risk that the Zipmex Wallet or any of our products may unintentionally include weaknesses or bugs in the source code which may adversely affect ZipUp+.
\nTax: The uncertainty in tax legislation relating to digital assets may expose you to any currently unknown or future tax consequences, associated with your holding of digital assets and the use of our service.
\nInsurance: The digital assets held in your account including your ZipUp+ are not protected by any government-backed insurance scheme.
\nForce Majeure: Zipmex shall not be liable for any delay, error, interruption or failure to perform any obligation under this ZipUp+ T&Cs where the delay or failure is directly or indirectly resulting from any cause beyond our control, including but not limited to (i) acts of God, nature, court or government; (ii) failure or interruption in public or private telecommunication networks, communication channels or information systems; (iii) acts or omissions of acts of a party for whom we are not responsible; (iv) delay, failure or interruption in, or unavailability of, third party services and sites; (v) strikes, lockouts, labour disputes, wars, terrorist acts and riots; and (vi) viruses, malwares, other malicious computer codes or the hacking of any part of the Zipmex Wallet Services or ZipUp+.
\nYou acknowledge and agree that you use the Zipmex Wallet and ZipUp+ at your own risk. This section is not exhaustive and does not disclose all the risks associated with Digital Assets and the use of our services. You should, therefore, carefully consider whether such use is suitable for you in light of your circumstances and financial resources.
\nLIMITATION OF LIABILITY
\nNOTWITHSTANDING ANY PROVISIONS IN THESE ZipUp+ T&CS, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICES OR EQUIPMENT, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
\nExcept as expressly provided in these ZipUp+ T&Cs, to the extent permitted by law, we disclaim all other representations or warranties, express or implied, made to you, your affiliates or any other person, including without limitation, any warranties regarding quality, suitability, merchantability, fitness for a particular purpose or otherwise (regardless of any course of dealing, custom or usage of trade) of any service or any goods provided incidental to the Zipmex Wallet Services provided under these ZipUp+ T&Cs. Nothing in these ZipUp+ T&Cs limits any condition, guarantee or warranty imposed by the Australian Consumer Law, including any consumer guarantee rights that may apply.
\nOur liability in respect of representations and warranties that cannot be excluded under these ZipUp+ T&Cs, at our option, is limited to any one of re-supplying, replacing or repairing, or paying the cost of the re-supplying, replacement or repairing, or paying the cost of supplying again the services in respect of which the breach occurred.
\nIN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH ZIPUP+ EXCLUDING THE FEES YOU PAID US FOR YOUR USE OF THE SERVICE DURING THE 12 MONTH PERIOD IMMEDIATELY PRECLUDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS THE LOSS, HARM OR DAMAGE WAS DUE TO FRAUD, GROSS NEGLIGENCE OR WILFUL MISCONDUCT BY ZIPMEX OR ITS AFFILIATES.
\nINDEMNIFICATION
\nYou will defend, indemnify, and hold harmless Zipmex, its Affiliates, each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to any third-party claim concerning these ZipUp+ T&Cs or your use of ZipUp+ or any of our services in violation to these ZipUp+ T&Cs or any laws and regulations. This indemnity does not apply where the loss, harm or damage was due to fraud, gross negligence or wilful misconduct by Zipmex or its Affiliates.
\nTERMINATION, SUSPENSION OR CLOSURE
\nThis Agreement will be terminated immediately by the closing of your ZipUp+ Account and discontinuing use of ZipUp+. The termination of this Agreement shall not prevent any Party from seeking any remedies against any other Party for any breach of this Agreement occurring prior to such termination.
\nIf you have a remaining balance in your ZipUp+ Account which has been suspended or closed, you are entitled to recover such balance in accordance with the Zipmex Wallet T&Cs, unless we are prohibited by law or a court order to release such assets or where we have reasonable grounds to suspect that such assets were obtained through fraud or any unlawful means or connected with any criminal activities. If you have any questions about or face any problems as a result of this Section, please contact us at https://zipmex.com/au/contact-us/.
\nGOVERNING LAW AND ARBITRATION
\nYou agree that these T&Cs and any claim or dispute arising out of or in connection with the subject matter of these ZipUp+ T&Cs are governed by the laws of Australia, without regard to principles of conflict of laws.
\nYou agree to submit to the personal and exclusive jurisdiction and venue of Australia to determine any dispute or claim arising out of or in connection with ZipUp+, our products and services or these ZipUp+ T&Cs or their subject matter, existence, negotiation, validity, termination or enforceability (including any non-contractual dispute or claim). You hereby irrevocably waive any and all rights to trial by jury with respect to any dispute or proceeding arising out of these T&Cs.
\nExcept to the extent that you have rights that are protected by law to bring a later claim or cause of action, any claim or cause of action that you bring arising out of these T&Cs should be filed within one (1) year after such claim or cause of action arose.
\nGENERAL
\nNotice: Any notice required or made under these ZipUp+ T&Cs by us to you may be provided through: (i) posting a notice on our Site or Zipmex Wallet; or (ii) sending an email to your registered email address. Notices provided through posting on our website or app shall become effective upon posting; and (iii) notices we sent by email shall become effective upon receipt of the email.
\nAny notice required or made under these ZipUp+ T&Cs by you to us shall only be made through email athttps://zipmex.com/au/contact-us/ in English language.
\nEntire Agreement: This Agreement (together with the Privacy Notice and Cookie Policy) represents the entire agreement between you and us in relation to the use of the services provided by ZipUp+. This Agreement supersedes all prior representations, understandings, agreements, or communications between you and us, whether written or verbal, including any statements published in our whitepaper, regarding the ZipUp+ platform.
\nYour use of other features of the Zipmex Wallet shall be governed by the Zipmex Wallet T&Cs.
\nSeverability: The invalidity of the whole or part of any provision of these ZipUp+ T&Cs shall not affect the validity of the whole or part of any other provision of this Agreement, the remaining portions of these ZipUp+ T&Cs shall remain in full force and effect.
\nConsistency with laws: Where more than one interpretation of a provision of these ZipUp+ T&Cs is available an interpretation that is consistent with the laws in Australia will be preferred over one that is not. Where a provision of these ZipUp+ T&Cs is inconsistent with the requirements of a law in Australia then that provision will read down to the extent possible to comply with the requirements of law.
\nWaiver: The failure by us to exercise or enforce any right or provision of these ZipUp+ T&Cs shall not constitute a present or future waiver of such right or provision.
\nAmendments: These ZipUp+ T&Cs (including fees and charges) may be updated or amended from time to time. We will post any such updates on https://zipmex.com/earn/ . Such updated terms as posted will take effect immediately unless otherwise indicated. You should regularly check https://zipmex.com/earn/ to inform yourself of any such changes. By continuing to use ZipUp+ after any such changes have taken effect, you are indicating your acceptance of the updated or amended ZipUp+ T&Cs. If you do not wish to be bound by any changes or amendments to the ZipUp+ T&Cs, you should stop using ZipUp+ immediately. If Zipmex chooses to seek your consent on any matter at its discretion despite these rights, such action will not be taken to be mandatory for any other purpose.
\nRelationship: Providing the ZipUp+ service to you does not make us your trustee or investment adviser and no fiduciary relationship exist between us. We have no trust or other obligations in respect of your Digital Currencies other than those expressly specified in these ZipUp+ T&Cs.
\nThird Parties Rights: Other than the Affiliates of Zipmex, a person who is not a party to this Agreement shall have no right under this Agreement.
\nTransfer and Assignment: You shall not assign, delegate or transfer any rights or obligations under this Agreement, without our prior written consent (which will not be unreasonably withheld). Any such assignment, delegation or transfer made without our consent shall be void and invalid. Notwithstanding the foregoing, we reserve the right to assign, delegate or transfer this Agreement and the rights and obligations hereunder to any third party at any time without your notice or consent.
\nConflicts: In the event that there are conflicts between these ZipUp+ T&Cs and the Zipmex Wallet T&Cs on aspects relating to ZipUp+, these T&Cs shall prevail; on aspects relating to the application of the Zipmex Wallet, the Zipmex Wallet T&Cs shall prevail.
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Effective: 30 March 2022
\nZipmex Pte. Ltd (formerly known as Zipmex (Pte. Ltd.)) (“Zipmex”) runs a Digital Currency trading platform operating under the trade name ‘Zipmex’ and may from time to time offer additional Services. Users are advised to read these Terms of Service carefully and in particular the Risk Warning on Digital Payment Token Services.
These Terms of Service and any terms expressly incorporated herein (“Terms”) constitute a legally binding contract between you and Zipmex. The Terms apply to any access to, or use of, any Services made available by Zipmex using the Site, and to any other related Services provided by Zipmex. Zipmex’s policies related to the Services that are posted from time to time on the Site constitute a part of these Terms. All capitalized terms used in these Terms are defined in clause 1.1 or elsewhere in these Terms. References in these Terms to “we”, “our” or “us”, are to Zipmex, and references to “you” or “your” are to the person who reads and accepts these Terms as a User.
\nBy signing up to use an account through the Site, you acknowledge and agree that you have read, understood and accepted all of the terms and conditions contained in these Terms, as well as the following documents of Zipmex:
\nZipmex is not currently regulated by the Monetary Authority of Singapore (“MAS”). As of date, Zipmex operates pursuant to the Payment Services (Exemption for Specified Period) Regulations 2019 (Exemption Regulations) and is an exempted payment services provider with regard to the provision of digital payment token (“DPT”) services.
\nRISK WARNING ON DIGITAL PAYMENT TOKEN SERVICES
\nThe MAS requires us to provide this risk warning to you as a customer of a DPT service provider.
\nBefore you pay Zipmex any money or DPT, you must be aware of the following.
\n1. INTERPRETATION
\n1.1 Definitions
\nUnless otherwise defined herein or the context otherwise requires, defined terms used in these Terms have the following meanings:
\n1.2 Headings
\nHeadings of sections in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.
\n2. ELIGIBILITY
\n2.1 Eligibility for Services
\nYou acknowledge that the Services are intended to be provided by Zipmex solely for Users who satisfy the criteria described in these Terms.
\n2.2 General Requirements
\n2.3 Restricted Locations
\n3. USER ACCOUNTS
\n3.1 Creating a User Account
\nIn order to use the Services, you will need to register for a User Account. Zipmex may in its sole discretion refuse to open a User Account for you. You are only entitled to hold one User Account. Upon verification of your identity (as described in clause 6.4), you will have the ability to fund your User Account using supported fiat currencies or Supported Digital Currencies, as well as store (for use with the Services), and Trade with, supported fiat currencies or Supported Digital Currencies, through the Site.
\n3.2 Accounts under False or Altered Identities
\nIf it is discovered that you have opened other accounts under false or altered identities, Zipmex may at its sole discretion suspend or cancel your User Account or otherwise exercise any of its rights as set out in these Terms, including clause 12.1.
\n3.3 Voluntary Cancellation of User Account
\n3.4 Death or Legal Incapacity of User
\nFor security or any other reasons, if Zipmex receives legal documentation confirming your death or legal incapacity (or other information causing Zipmex to believe that you have died or become legally incapacitated), Zipmex may freeze your User Account such that no transactions may be completed until: (i) your designated fiduciary has opened a new User Account (as further described below), and the entirety of your User Account has been transferred to such new account, or (ii) Zipmex receives proof in form and substance satisfactory to it that you have not died or that you have not become (or are no longer) legally incapacitated. If Zipmex has reason to believe that you may have died or become legally incapacitated but does not have proof of your death or legal incapacity in form and substance satisfactory to it, you authorize Zipmex to make inquiries, whether directly or through third parties, that it considers necessary to ascertain whether you have died or become legally incapacitated.
\nUpon receipt by Zipmex of proof satisfactory to it that you have died or become legally incapacitated, the fiduciary you have designated in a valid will or similar testamentary document (or, in the case of a legal incapacity, a power-of-attorney or similar document) will be required to open a new User Account. If you have not designated such a fiduciary, then Zipmex reserves the right to (i) (in the case of your death) treat as your fiduciary any person entitled to inherit your User Account, as determined by Zipmex upon receipt and review of the documentation it, in its sole and absolute discretion, deems necessary or appropriate, including (but not limited to) a will, a living trust or a small estate affidavit, or (ii) require an order designating a fiduciary from a court having competent jurisdiction. In the event Zipmex determines, in its sole and absolute discretion, that there is uncertainty regarding the validity of any fiduciary designation, Zipmex reserves the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your User Account.
\nPursuant to the above, the opening of a new User Account by a designated fiduciary is mandatory if Zipmex so requires it following your death or legal incapacity, and you hereby agree that your fiduciary will be required to open a new User Account if so required by Zipmex and provide the information required under these Terms in connection with the establishment of a User Account in order to gain access to the contents of your User Account.
\nIn the case of an enterprise user that has dissolved, ceased its business or become bankrupt or insolvent prior to the closing of its User Account and the withdrawal of the assets held therein, Zipmex may similarly freeze such User Account and require evidence in form and substance satisfactory to it of the right of any successor, owner, trustee in bankruptcy or other representative to receive such assets or otherwise provide instructions regarding the operation or termination of such User Account before lifting such freeze (and Zipmex may, in its sole discretion and to the maximum extent permitted by applicable law, require that any such successor, owner, trustee in bankruptcy or other representative open a new User Account and provide the information required under these Terms in connection with the establishment of a User Account in order to gain access to the contents of such enterprise user’s User Account).
\nIn the event that Zipmex determines, in its sole and absolute discretion, that there is uncertainty regarding the legal status, bankruptcy or insolvency of an enterprise user, Zipmex reserves the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to such enterprise user’s User Account.
\n3.5 Equipment and Access
\nTo access the Services, you must have the necessary computer or similar equipment and the associated telecommunication service subscriptions to access the internet and the Site. Access to the Services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to Trade Digital Currencies or otherwise access the Services for periods of time and may also lead to support response time delays. Zipmex does not represent or guarantee that the Site or Services will be available without interruption or that any Order will be promptly executed, accepted, recorded or remain open at all times. Zipmex shall not be liable for any losses resulting from or arising out of any such delay or disruption.
\n4. COMPLIANCE WITH LAWS AND TAXES
\n5. SECURITY
\n5.1 Enhanced Security Features
\n5.2 User Account Activities
\n6. USER INFORMATION, DATA AND IDENTITY VERIFICATION
\n6.1 Personal Information Provided by You
\nYou are required to provide certain personal information and documentation as part of the registration process in order to allow Zipmex to verify your identity. During registration of your User Account, and from time to time thereafter if requested by Zipmex, you agree to provide Zipmex with the information it requests for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, and you agree to permit Zipmex to keep a record of such information to the maximum extent permitted by all applicable laws. You hereby acknowledge and agree that all such personal information and documentation provided by you shall be true, accurate and complete in all respects.
\nYou acknowledge that Zipmex and its service providers may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to Zipmex or its service providers in relation to employees and/or other individuals associated with you, in connection with these Terms and your use of the Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and such data was or will be true, accurate and complete, up to date and relevant when disclosed, (ii) before providing any such personal data, you have read and understood the Privacy Policy (and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of the Privacy Policy to that individual), and (iii) if from time to time Zipmex provides you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to Zipmex or its service providers.
\nIn the event that Zipmex is acquired by or merged with a third party entity, Zipmex reserves the right, in any of these circumstances and to the maximum extent permitted by all applicable laws, to transfer or assign the information Zipmex or its service providers have collected from you as part of such merger, acquisition, sale or other change of control.
\n6.2 Disclosure to Affiliated Companies
\nThe Zipmex group of companies comprises a number of affiliated companies and legal entities located both within and outside Singapore. We may disclose, where appropriate and to the extent necessary, your personal data to such affiliated companies and legal entities for the purposes of corporate reporting, management of your customer relationship, identity verification, compliance with applicable laws and regulations (including those relating to detection of money laundering, terrorist financing, fraud, or any other financial crime), provision of technical and other support, and other related legal and business purposes. Please note that we provide our affiliated companies and legal entities with only the personal data they need for such business and legal purposes, and we require that they protect such personal data in accordance with the applicable laws and regulations.
\n6.3 Change in Personal Information
\nIn the event of any change to your personal information or documentation provided to Zipmex (either during the registration process or on an ongoing basis thereafter), you must notify Zipmex of the change in writing using the form provided on the Site’s Contact Us page at https://zipmex.com/contact-us/; and submit any documents subsequently requested by Zipmex.
\n6.4 Identity Verification
\n6.5 Loss or Corruption of User Data; Computer Viruses
\n6.6 Dormant User Account
\nIf your User Account has been inactive for a period of two years, Zipmex may designate such User Account as a dormant account and may require you to verify certain information or provide certain documentation to confirm that you are the proper owner of the User Account. Until your account is verified and reactivated in accordance with such procedures, you will be unable to access your User Account or make any transfers or Trades. Zipmex reserves the right to impose a fee on accounts that have been designated as dormant accounts and/or on accounts that have been inactive for a period of one year or longer, the details of which would be set forth in the Fee Schedule, and any such fees may be collected from the assets held in your User Account (including, without limitation, by liquidating Digital Currencies at current market prices and retaining the proceeds thereof). Subject to any limitations imposed by applicable law, including any relevant abandoned property laws or similar laws as referenced in clause 9.6, Zipmex reserves the right to terminate a dormant account that has been inactive for a period of 6 years of more, in which case any assets remaining in such dormant account may, in the sole discretion of Zipmex, be forfeited and thereafter retained by Zipmex for its own use.
\n6.7 Suspension or Closure of User Account Based on User Data or Failure to Verify
\n7 STATUS OF ON-EXCHANGE ASSETS
\n7.1 Grant to Zipmex
\nIn consideration for your use of our Services and other valuable consideration, you grant Zipmex all rights and title to all On-Exchange Assets (including all ownership rights), subject to limited rights described in clause 7.2.
\n7.2 Your acknowledgments
\nWithout limiting the generality of clause 7.1, you acknowledge and agree that some of the key implications of the grant under clause 7.1 are that:
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in each case, subject to these Terms. As such, Zipmex only has a debtor-creditor relationship with you with respect to all On-Exchange Assets;
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7.3 Disclaimer
\nNeither clause 7.1 nor 7.2 should be taken to imply:
\n7.4 Applicable law
\nEach of clauses 7.1 and 7.2 are subject to applicable law and any regulatory requirements. Where any On-Exchange Assets are required to be held in any other capacity (for example, beneficially for you), we will seek to notify you of that change.
\n8. ACCOUNT FUNDING, TRANSFERS AND TRADES
\n\n
With respect to the transfer of Digital Currencies using the Services, you acknowledge that: (i) you have read and understand the process for transferring Digital Currencies from external accounts to your Hosted Wallet and vice versa as set out in the User Guide; (ii) you will not transfer any Unsupported Digital Currencies to your Hosted Wallet, as such Unsupported Digital Currencies may be permanently lost; and (iii) it is your responsibility to ensure that you send any Digital Currency to the correct address provided for that Digital Currency (and that any external wallet address provided for a withdrawal of a Digital Currency is accurate and able to receive such Digital Currency), as Digital Currencies sent to an incorrect address may never be recovered.
\n8.2 Establishing and using a Fiat Wallet
\n\n
8.3 Transaction Limits; Refusal of Transfer and Trade Requests
\n8.4 Timing for Completion of Transfers
\n8.5 Trade Process
\n8.6 Use of a Credit Card to Fund a User Account or Trade
\nZipmex may from time-to-time permit Users to fund their User Accounts, or specific Trades, using a credit card. If you use a credit card for such purposes, you represent and warrant that you are an authorized user of such credit card. Zipmex reserves the right at any time to cease support for credit card transactions or to impose other restrictions or limitations on credit card transactions, either generally or on an individual User basis. Among other such restrictions, Zipmex may determine to delay your ability to effect a Trade using amounts funded through a credit card until it is satisfied, in its sole discretion, that the transaction has been authorized and the relevant funds have cleared and been settled to your User Account. Zipmex may rely on the services of third parties in confirming such authorization and settlement status and such authorization and settlement determination process may delay your ability to trade with amounts funded with a credit card. Without limiting the generality of clause 8.2 and other applicable provisions of these Terms, Zipmex may delay or withhold a withdrawal or transfer by you (in whole or in part) if, at the time of the withdrawal or transfer, amounts funded to your User Account using a credit card have not been fully settled or have been subject to reversal (such as on account of a chargeback).
\n8.7 Additional Information in Connection with Transfers and Trades
\nZipmex reserves the right to delay any transfer or Trade if it perceives a risk of fraud or illegal activity. Zipmex does not guarantee the availability of its Services, and the act of acquiring Supported Digital Currencies using the Services does not result in a guarantee that you may sell your Supported Digital Currencies using the Services.
\n8.8 Reversal of Transfers or Trades
\n8.9 No Investment or Other Advice
\nFor the avoidance of doubt, Zipmex does not provide investment, tax or legal advice. All Trades are executed automatically, based on the parameters of your Order instructions and in accordance with Zipmex’s Trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your own legal or tax professionals regarding your specific situation. The information provided on the Site or any third-party sites for which a link may be available on the Site does not constitute investment advice, financial advice, trading advice or any other sort of advice, and you should not treat any of the Site’s content as such. Zipmex does not recommend that any Digital Currency should be bought, earned, sold or held by you, and Zipmex will not be held responsible for the decisions you make to buy, sell or hold Digital Currency. You acknowledge and agree that you have read, understood and accept the risks contained in the Risk Disclosure Statement and (as applicable) in the State License Disclosures.
\n9. GENERAL SERVICE TERMS
\n9.1 Conditions and Restrictions
\n9.2 Error Correction
\n9.3 Support for Digital Currencies
\n9.4 Derivative Protocols
\n9.5 AML/KYC Compliance
\nYou acknowledge and agree that:
\n9.6 Unclaimed Property
\nIf your User Account has been inactive for an extended period of time (as may be specified under applicable state or other laws), Zipmex will attempt to contact you using the contact information provided by you. If Zipmex is unable to locate you or you do not respond within thirty days (or such other time period as may otherwise be required by applicable state or other laws), Zipmex may be obligated to (i) report any remaining funds or property in your User Account as unclaimed property in accordance with applicable state or other laws and/or (ii) deliver any such unclaimed funds or property to the relevant state or other governmental authority in accordance with applicable state or other laws. In addition to such fees as may be imposed on dormant accounts in accordance with clause 6.6, if and to the extent permitted by applicable law, Zipmex reserves the right to deduct an administrative fee in relation to unclaimed funds or property.
\n9.7 Property Disputes
\n9.8 LEN Off-Exchange Trades
\nIn the case of the Digital Currency known as LINE Yen (LEN), Zipmex may engage in off-exchange (“over-the-counter”) trades with certain buyers and/or sellers of LEN at prices that may differ from market prices available on the Zipmex exchange. You acknowledge that such trading activity may have an impact on the liquidity of LEN trading available on the Zipmex exchange and/or on the market price of LEN on the Zipmex exchange.
\n9.9 Digital Currency Promotions
\n10. UNACCEPTABLE USE OR CONDUCT
\n11. FEES
\n12. CHANGES, SUSPENSION AND TERMINATION OF SERVICES
\n12.1 Remedies for Zipmex
\n12.2 Changes to Services; Limitations on Services
\nZipmex may, at its discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of any Services. In addition, Zipmex may not make all the Services available in all markets and jurisdictions and may restrict or prohibit use of all or a portion of the Services from certain countries, states, territories or jurisdictions
\n12.3 Suspension or Termination of Services; Closure of Account
\n12.4 Limitation of Liability
\nWITHOUT LIMITING THE GENERALITY OF CLAUSE 16, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL ZIPMEX, OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, REPRESENTATIVES, SUPPLIERS, CONTRACTORS OR OTHER SERVICE PROVIDERS, BE LIABLE FOR: (A) LOSSES SUFFERED BY YOU OR ANY THIRD PARTY RESULTING FROM ANY MODIFICATION OF ANY SERVICES OR FROM ANY SUSPENSION OR TERMINATION OF YOUR ACCESS TO ALL OR A PORTION OF ANY SERVICES (WHETHER PURSUANT TO THIS CLAUSE 12 OR FOR ANY OTHER REASON); OR (B) ANY AMOUNT IN EXCESS OF THE VALUE OF THE DIGITAL CURRENCY ON DEPOSIT IN YOUR USER ACCOUNT.
\n12.5 Resumption of Services
\nIf and when the Services resume following a suspension of the Services, you acknowledge that Digital Currency valuations and exchange rates may differ significantly from the valuations and rates prior to such suspension.
\n12.6 Effect of Termination
\n12.7 Survival of Termination
\nAll provisions of these Terms which by their nature extend beyond the expiration or termination of your access to the Services shall survive such termination or expiration, including (without limitation) the following provisions:
\n13. PROPRIETARY RIGHTS
\n13.1 Ownership of Zipmex Materials
\nZipmex Materials, together with all Intellectual Property Rights in any of the Zipmex Materials, as between you and Zipmex, are owned by Zipmex.
\n13.2 Limitations
\n14. THIRD PARTY CONTENT
\nZipmex may engage third party service providers to carry out certain activities relating to the Services, including (without limitation) to collect information to verify User identities and/or to process any fiat currency payments, including but not limited to payments in relation to your use of the Services or deposits or withdrawals from your Fiat Wallet.
\nYou acknowledge and agree that:
\n15. RELEASE AND INDEMNIFICATION
\n16. DISCLAIMERS
\n16.1 Disclaimer of Warranties
\n16.2 Exclusion of Liability for Consequential or Similar Damages
\n16.3 Additional Limitations of Liability
\n17. GENERAL
\n17.1 Governing Law; Jurisdiction
\n17.2 Zipmex Affiliates and Contractors
\nThe Site and any Services may be operated or provided by Zipmex, its Affiliates or their respective independent service providers.
\n17.3 Non-waiver
\nZipmex’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver of any thereof. These Terms shall not be construed to waive rights that cannot be waived under applicable laws of the jurisdiction in which you are located, including without limitation applicable state money transmission laws.
\n17.4 Title
\nWith respect to any Digital Currencies you sell, transfer or deliver using the Services, you represent that you are the owner of such Digital Currencies with good and marketable title thereto and you have the absolute right to sell, assign, convey, transfer and deliver such Digital Currencies. You further represent that you are the lawful owner of any external wallet you may use to fund your User Account, receive withdrawals from your User Account or otherwise use to settle Trades, and that you have good title thereto and that such wallet is owned and operated solely for your benefit, and no person or entity other than you has any right, title or interest to or in any such wallet. You acknowledge and agree that Zipmex makes no representations or warranties as to good and marketable title with respect to Digital Currencies that you may purchase or receive in connection with your use of the Services, and Zipmex shall under no circumstances be liable for any title defects with respect to such Digital Currencies.
\n17.5 Severability
\nThe invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
\n17.6 Force Majeure
\nZipmex will have no responsibility or liability for any failure, delay or interruption in any Services which results (directly or indirectly) from any cause, circumstance, event or condition beyond the reasonable control of Zipmex, including without limitation any significant market volatility, any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, strike or other labour dispute, accident, action of government, act of military authorities, act of terrorists, civil disturbance, interruption in telecommunications or Internet services or network provider services, power failure, equipment or software malfunction, or other catastrophe or any other occurrence which is beyond Zipmex’s reasonable control, or any loss or damage that you may incur as a result thereof.
\n17.7 Assignment
\n17.8 Relationship of the Parties
\nZipmex is an independent contractor, and nothing in these Terms shall be deemed to cause you and Zipmex to be treated as partners or joint venturers or to have any similar relationship, nor shall either party be deemed an agent of the other party (except as otherwise expressly provided herein).
\n17.9 Feedback
\nIf you have any feedback, please contact Zipmex via feedback@zipmex.com. When you contact Zipmex, please provide your name, address, and any other information Zipmex may need to identify you, your User Account, and the transaction on which you have feedback or questions. If you believe your User Account has been compromised, you may also report your claim by calling +66 2 251 8421.
\n17.10 Formal Complaint Process
\nIf you have a dispute with Zipmex (a “Complaint”), you agree to contact Zipmex through its support team to attempt to resolve any such dispute amicably. You may contact Zipmex’s Customer Support team via its Contact Us page at https://zipmex.com/contact-us/, in writing at Zipmex Customer Support, if you and Zipmex cannot resolve the dispute through the Zipmex support team, you and Zipmex agree to use the formal complaint process set forth below in clause 17.11. You agree to use this process before filing any small claims action or other court action. If you do not follow the procedures set out in clause 17.11 before filing a small claims action or other court action, Zipmex shall have the right to ask the court to dismiss your filing unless and until you complete such steps.
\n17.11 Procedural Steps for Complaints
\n17.12 Entire Agreement; Conflicts
\n17.13 Separately Negotiated Agreements
\nTo the extent permitted by applicable law, Zipmex may from time to time enter into separately negotiated agreements (which may include side letters or other written communications) with certain Users. Such agreements may supplement or modify certain of these Terms as they apply to the particular User. This may include supplemental or modified provisions regarding, among other matters, (i) economics, fees and funding in relation to a User Account, (ii) access to particular market information (which may not be generally available to other Users at all or in the same level of detail or within the same timeframe), or (iii) appointment of a User or its representative to any advisory committee or other User representative bodies that Zipmex may establish from time to time. Any such separately negotiated agreements will be entered into in Zipmex’s sole discretion and based on such factors as Zipmex deems to be relevant. You acknowledge that such agreements are generally not available to all, or any particular subset of, Users. Factors that may be considered by Zipmex include, but are not limited to: (1) actual or planned volume of trading activity by a particular User and (2) any specific or unique legal, tax or regulatory obligations or requirements that may be applicable to a particular User. The existence and terms of any such separate negotiation agreement with another User shall not affect the validity or enforceability of these Terms as between you and Zipmex, and you shall not have any rights or legal recourse against Zipmex or any other User that receives supplemental or modified terms or rights as a result of a separately negotiated agreement.
\n17.14 Confidentiality
\nAny information you receive about another User through the Services must be kept strictly confidential. Unless such other User expressly consents otherwise, you may use such information only in connection with the Services (as reasonably necessary to execute a Trade or transfer or to carry out other actions incidental thereto), and you may not disclose such information to any third party.
\n17.15 Legal Process
\nYou acknowledge and agree that Zipmex, as well as its Affiliates and service providers, and their respective officers, directors, agents, employees and representatives (such Affiliates, service providers and other persons, collectively, the “Zipmex Service Providers”) may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant or other legal process which Zipmex or any of the Zipmex Service Providers reasonably and in good faith believes to be valid in connection with or relating to the Services utilized by you or the fiat currency or Digital Currency held in your User Account or any transaction in such fiat currency or Digital Currency.
\nZipmex and the Zipmex Service Providers may, but are not required to, notify you of any such process by electronic communication. Zipmex and any Zipmex Service Provider may charge you for associated costs, in addition to any legal process fees.
\nYou agree to indemnify, defend and hold harmless Zipmex and each Zipmex Service Provider from and against all actions, claims, liabilities, losses, costs, attorneys’ fees or damages associated with their compliance with any process that any of them reasonably believes in good faith to be valid in connection with or relating to the Services utilized by you or the fiat currency or Digital Currency held in your User Account or any transaction in such fiat currency or Digital Currency. You further agree that Zipmex and any Zipmex Service Provider may honour any such legal process, regardless of the method or location of service.
\n17.16 Modification of Terms; E-Signature and Electronic Communications Consent
\n17.17 Third-party rights
\nExcept for entities related to Zipmex, a person who is not a party to this agreement should have no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B of Singapore) to enforce any term of this agreement but this does not affect any right or remedy of a third party which exists or is available apart from the Contracts (Rights of Third Parties) Act (Cap. 53B of Singapore).
\n\n
Appendix A
\nProhibited Businesses and conditional uses
\nYou agree that you will not use your User Account (or the Site, the Services or other Zipmex Materials) to engage in the following categories of business activity (“Prohibited Businesses”). The particular examples of Prohibited Businesses enumerated below are merely representative and do not constitute an exhaustive list of all prohibited businesses. If you are uncertain as to whether or not your use of the Services involves a Prohibited Business, or if you have questions about how these requirements apply to you, please contact Zipmex using the form provided on the Site’s Contact Us page at https://zipmex.com/contact-us/.
\nProhibited Businesses include (without limitation):
\nInvestment, Financial or Credit Services: Securities brokers; debt reduction or mortgage consulting services; credit counselling or repair services; real estate investment services; check cashing; bail bonds; collection agencies; and other investment, financial or credit services businesses;
\nDrugs, Paraphernalia and Pseudo-Pharmaceuticals: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs, as well as pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body;
\nSubstances Designed to Mimic Illegal Narcotics: Sale of any substance that provides the same or a similar effect as any illegal narcotics;
\nRegulated Products and Services: Offering online pharmaceutical or prescription services; selling weapons, munitions, gunpowder, explosives, fireworks, or toxic, flammable, or radioactive materials; operating a medical or recreational marijuana dispensary or related business; selling of tobacco, e-cigarettes, e-liquids or related items or other age-restricted goods or services;
\nUnfair, Predatory or Deceptive Practices: Investment opportunities or other services that promise high rewards; sale of any service without benefit to buyer; resale of government offerings without authorization or added value; or any other practices Zipmex determines (in its sole discretion) to be unfair, deceptive, or predatory towards consumers;
\nAdult Content and Services: Manufacturing, distribution or sale of pornography and other obscene materials; offering any services relating to sex (e.g., prostitution, escorts, adult live chat features);
\nMulti-level Marketing: Pyramid schemes, network marketing, and referral marketing programs;
\nUnauthorized Sale of Goods: Unauthorized sale of designer or brand name products or services; sale of illegally imported or exported or stolen goods or services; and
\nHigh-risk Businesses: Any other businesses that Zipmex determines (in its sole discretion) pose heightened financial, legal or other risks or violate the policies of any banking partner or other partner of Zipmex.
\nIn addition, you must obtain prior written consent from Zipmex in order to engage in the following categories of activities and/or business (“Conditional Uses”). You may request consent by contacting Zipmex using the form provided on the Site’s Contact Us page at https://zipmex.com/contact-us/. Zipmex may grant or deny such consent or may place conditions or restrictions on its consent, including (without limitation) requiring you to provide additional representations and warranties, to complete additional on-boarding procedures, and/or to operate subject to restrictions. Conditional Uses include (without limitation):
\nMoney Services: Money transmitters (including transmitters of Digital Currencies); exchanges or dealers of currencies or Digital Currencies; sellers, issuers, administrators or exchangers of gift cards or prepaid cards; sellers of in-game currency; acting as a payment intermediary or aggregator or otherwise reselling any of the Services;
\nCharities and Religious or Spiritual Organizations: Operating or accepting donations for a non-profit enterprise or a for-profit religious or spiritual organization;
\nGames of Skill: Games which do not constitute gambling under these Terms or by law, but which require an entry fee and award a prize.
\n\n
Updated: 30 March 2022
\nZipmex Australia Pty Ltd (“Zipmex”) is the Australian subsidiary of Zipmex Pte. Ltd. based in Singapore which runs a Digital Currency trading platform and may from time to time offer additional Services (as defined herein). Users are advised to read these Terms of Service carefully.
\nThese Terms of Service and any terms expressly incorporated herein (“Terms”) constitute a contract between you and Zipmex. The Terms apply to any access to, or use of, any Services made available by Zipmex using Zipmex’s Site, and to any other related Services provided by Zipmex. Zipmex’s policies related to the Services that are posted from time to time on the Site constitute a part of these Terms. All capitalized terms used in these Terms are defined in clause 1.1 or elsewhere in these Terms.
\nBy signing up to use an account through the Site, you acknowledge and agree that you have had the opportunity to review and consider all of the terms and conditions contained in these Terms, as well as the following documents of Zipmex:
\n(a) Privacy Policy;
\n(b) Fee Schedule;
\n(c) User Guide (FAQ).
\nZipmex is currently registered with the Australian Transaction Reports and Analysis Centre (“AUSTRAC”) as a digital currency exchange provider.
\nZipmex Pte. Ltd. has notified the Monetary Authority of Singapore (“MAS”) pursuant to the Payment Services (Exemption for Specified Period) Regulations 2019 (“Exemption Regulations”) and under Singapore Law is currently an exempted payment services provider with regard to the provision of digital payment token services.
\nThe MAS requires us to provide this risk warning to you as a customer of a digital payment token (“DPT”) service provider.
\nBefore you pay your DPT service provider any money or DPT, you should be aware of the following:
\n1. Your DPT service provider is currently operating under an exemption by MAS to provide DPT services. Please note this means you will not be able to recover all the money or DPTs you paid to your DPT service provider if your DPT service provider’s business fails.
\n2. You should not transact in the DPT if you are not familiar with this DPT. Transacting in DPTs may not be suitable for you if you are not familiar with the technology that DPT services are provided.
\n3. You should be aware that the value of DPTs may fluctuate greatly. You should buy DPTs only if you are prepared to accept the risk of losing all of the money you put into such tokens.
\n4. DPT held in your Hosted Wallet is not subject to the Singapore Deposit Insurance Scheme (“SDIC”), the Australian Financial Claims Scheme (“FCS”) or any similar insurance or guaranty scheme of any other jurisdiction. In addition, funds stored in your Fiat Wallet do not benefit from the SDIC, FCS or any similar insurance or guaranty scheme of any other jurisdiction.
\n1.1 Definitions
\nUnless otherwise defined herein or the context otherwise requires, capitalized terms used in these Terms have the following meanings:
\n1.2 Headings
\nHeadings of sections in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.
\n1.3 Consistency with laws
\nWhere more than one interpretation of a provision of these Terms is available an interpretation that is consistent with the laws in Australia will be preferred over one that is not. Where a provision of these Terms is inconsistent with the requirements of a law in Australia then that provision will read down to the extent possible to comply with the requirements of law.
\n2.1 Eligibility for Services
\nYou acknowledge that the Services are intended to be provided by Zipmex solely for Users who satisfy the criteria described in these Terms.
\n2.2 General requirements
\n2.3 Restricted Locations
\n3.1 Creating a user account
\nIn order to use the Services, you will need to register for a User Account. Zipmex may in its sole discretion refuse to open a User Account for you. You are only entitled to hold one User Account. Upon verification of your identity (as described in clause 6.4), you will have the ability to fund your User Account using supported fiat currencies or Supported Digital Currencies, as well as store (for use with the Services), and Trade with, supported fiat currencies or Supported Digital Currencies, through the Site.
\n3.2 Accounts under False or Altered Identities
\nIf it is discovered that you have opened other accounts under false or altered identities, Zipmex may at its sole discretion suspend or cancel your User Account or otherwise exercise any of its rights as set out in these Terms, including clause 12.1.
\n3.3 Voluntary Cancellation of User Account
\n3.4 Death or Legal Incapacity of User
\nFor security or any other reasons, if Zipmex receives legal documentation confirming your death or legal incapacity (or other information causing Zipmex to believe that you have died or become legally incapacitated), Zipmex may freeze your User Account such that no transactions may be completed until: (i) your designated Fiduciary has opened a new User Account (as further described below), and the entirety of your User Account has been transferred to such new account, or (ii) Zipmex receives proof in form and substance satisfactory to it that you have not died or that you have not become (or are no longer) legally incapacitated. If Zipmex has reason to believe that you may have died or become legally incapacitated but does not have proof of your death or legal incapacity in form and substance satisfactory to it, you authorize Zipmex to make inquiries, whether directly or through third parties, that it considers reasonably necessary to ascertain whether you have died or become legally incapacitated.
\nUpon receipt by Zipmex of proof satisfactory to it that you have died or become legally incapacitated, the Fiduciary you have designated in a valid will or similar testamentary document (or, in the case of a legal incapacity, a power-of-attorney or similar document) will be required to open a new User Account. If you have not designated such a Fiduciary, then Zipmex reserves the right to (i) (in the case of your death) treat as your Fiduciary any person entitled to inherit your User Account, as determined by Zipmex upon receipt and review of the documentation it, in its sole and absolute discretion, deems necessary or appropriate, including (but not limited to) a will, similar testamentary document or an enduring power of attorney ,or (ii) require an order designating a Fiduciary from a court having competent jurisdiction. In the event Zipmex determines, in its sole and absolute discretion, that there is uncertainty regarding the validity of any Fiduciary designation, Zipmex reserves the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your User Account.
\nPursuant to the above, the opening of a new User Account by a designated Fiduciary is mandatory if Zipmex so requires it following your death or legal incapacity, and you hereby agree that your Fiduciary will be required to open a new User Account if so required by Zipmex and provide the information required under these Terms in connection with the establishment of a User Account in order to gain access to the contents of your User Account.
\nIn the case of an enterprise user that has dissolved, ceased its business or become bankrupt or insolvent prior to the closing of its User Account and the withdrawal of the assets held therein, Zipmex may similarly freeze such User Account and require evidence in a form and substance satisfactory to it of the right of any successor, owner, trustee in bankruptcy or other representative to receive such assets or otherwise provide instructions regarding the operation or termination of such User Account before lifting such freeze. Zipmex may, in its sole discretion and to the maximum extent permitted by applicable law, require that any such successor, owner, trustee in bankruptcy or other representative open a new User Account and provide the information required under these Terms in connection with the establishment of a User Account in order to gain access to the contents of such enterprise user’s User Account.
\nIn the event that Zipmex determines, in its sole and absolute discretion, that there is uncertainty regarding the legal status, bankruptcy or insolvency of an enterprise user, Zipmex reserves the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to such enterprise user’s User Account.
\n3.5 Equipment and Access
\nTo access the Services, you must have the necessary computer or similar equipment and the associated telecommunication service subscriptions to access the internet and the Site. Access to the Services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to Trade Digital Currencies or otherwise access the Services for periods of time and may also lead to support response time delays. Zipmex does not represent or guarantee that the Site or Services will be available without interruption or that any Order will be promptly executed, accepted, recorded or remain open at all times. Zipmex shall not be liable for any losses resulting from or arising out of any such delay or disruption and any temporary unavailability for systems including to allow for systems upgrades, and any protracted unavailability which are outside of Zipmex’s reasonable control.
\n6.1 Personal Information Provided by You
\nYou are required to provide certain personal information and documentation as part of the registration process in order to allow Zipmex to verify your identity. During registration of your User Account, and from time to time thereafter if requested by Zipmex, you agree to provide Zipmex with the information it requests for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, and you agree to permit Zipmex to keep a record of such information to the maximum extent permitted by all applicable laws. You hereby acknowledge and agree that all such personal information and documentation provided by you shall, to the best of your knowledge, be true, accurate and complete in all respects.
\nYou acknowledge that Zipmex and its service providers may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to Zipmex or its service providers in relation to employees and/or other individuals associated with you, in connection with these Terms and your use of the Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and such data was or will be true, accurate and complete, up to date and relevant when disclosed, (ii) before providing any such personal data, you have had the opportunity to review and consider the Privacy Policy (and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of the Privacy Policy to that individual), and (iii) if from time to time Zipmex provides you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to Zipmex or its service providers.
\nIn the event that Zipmex is acquired by or merged with a third party entity, Zipmex reserves the right, in any of these circumstances and to the maximum extent permitted by all applicable laws, to transfer or assign the information Zipmex or its service providers have collected from you as part of such merger, acquisition, sale or other change of control.
\n6.2 Disclosure to Affiliated Companies
\nThe Zipmex group of companies comprises a number of affiliated companies and legal entities located both within and outside Australia. We may disclose, where appropriate and to the extent necessary, your personal data to such affiliated companies and legal entities for the purposes of corporate reporting, management of your customer relationship, identity verification, compliance with applicable laws and regulations (including those relating to detection of money laundering, terrorist financing, fraud, or any other financial crime), provision of technical and other support, and other related legal and business purposes. Please note that we provide our affiliated companies and legal entities with only the personal data they need for such business and legal purposes, and we require that they protect such personal data in accordance with the applicable laws and regulations.
\n6.3 Change in Personal Information
\nIn the event of any change to your personal information or documentation provided to Zipmex (either during the registration process or on an ongoing basis thereafter), you must notify Zipmex of the change in writing using the form provided on the Site’s Support page at https://zipmex.com/au/contact-us/; and submit any documents subsequently requested by Zipmex.
\n6.4 Identity Verification
\nFurther, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon or any other branded wireless operator) to use your mobile number, name, address, email address, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to Zipmex with your wireless operator account profile information for the duration of your relationship with Zipmex. Standard text message and data rates may apply with respect to the use of such services, as well as any two-factor authentication procedures employing mobile devices that may be implemented in accordance with Clause 5.1.You acknowledge that in certain circumstances it could take up to a month or more to undertake the registration and verification process.
\n6.5 Loss or Corruption of User Data; Computer Viruses
\n6.6 Dormant User Account
\nIf your User Account has been inactive for a period of two years, Zipmex may designate such User Account as a dormant account and may require you to verify certain information or provide certain documentation to confirm that you are the proper owner of the User Account. Until your account is verified and reactivated in accordance with such procedures, you will be unable to access your User Account or make any transfers or Trades. Zipmex reserves the right to impose a fee on accounts that have been designated as dormant accounts and/or on accounts that have been inactive for a period of one year or longer, the details of which would be set forth in the Fee Schedule, and any such fees may be collected from the assets held in your User Account (including, without limitation, by liquidating Digital Currencies at current market prices and retaining the proceeds thereof). Subject to any limitations imposed by applicable law, including any relevant abandoned property laws or similar laws as referenced in clause 9.6, Zipmex reserves the right to terminate a dormant account that has been inactive for a period of 6 years of more, in which case any assets remaining in such dormant account may, in the sole discretion of Zipmex, be forfeited and thereafter retained by Zipmex for its own use.
\n6.7 Suspension or Closure of User Account Based on User Data or Failure to Verify
\n7. STATUS OF ON-EXCHANGE ASSETS
\n7.1 Grant to Zipmex
\nIn consideration for your use of our Services and other valuable consideration, you grant Zipmex all rights and title to all On-Exchange Assets (including all ownership rights), subject to limited rights described in clause 7.2.
\n7.2 Your acknowledgments
\nWithout limiting the generality of clause 7.1, you acknowledge and agree that some of key implications of the grant under clause 7.1 are that:
\n\n
\n
\n
\n
\n
\n
in each case, subject to these Terms. As such, Zipmex only has a debtor-creditor relationship with you with respect to all On-Exchange Assets;
\n\n
\n
\n
7.3 Disclaimer
\nNeither clause 7.1 nor 7.2 should be taken to imply:
\n\n
7.4 Applicable law
\nEach of clauses 7.1 and 7.2 are subject to applicable law and any regulatory requirements. Where any On-Exchange Assets are required to be held in any other capacity (for example, beneficially for you), we will seek to notify you of that change.
\n\n
Transferring Digital Currency
\n\n
8.2 Establishing and using a Fiat Wallet
\n\n
8.3 Transaction Limits; Refusal of Transfer and Trade Requests
\n8.4 Timing for Completion of Transfers
\n8.5 Trade Process
\n8.6 Use of a Credit Card to Fund a User Account or Trade
\nZipmex may from time to time permit Users to fund their User Accounts, or specific Trades, using a credit card. If you use a credit card for such purposes, you represent and warrant that you are an authorized user of such credit card. Zipmex reserves the right at any time to cease support for credit card transactions or to impose other restrictions or limitations on credit card transactions, either generally or on an individual User basis. Among other such restrictions, Zipmex may determine to delay your ability to effect a Trade using amounts funded through a credit card until it is satisfied, in its sole discretion, that the transaction has been authorized and the relevant funds have cleared and been settled to your User Account. Zipmex may rely on the services of third parties in confirming such authorization and settlement status and such authorization and settlement determination process may delay your ability to trade with amounts funded with a credit card. Without limiting the generality of clause 8.3 and other applicable provisions of these Terms, Zipmex may delay or withhold a withdrawal or transfer by you (in whole or in part) if, at the time of the withdrawal or transfer, amounts funded to your User Account using a credit card have not been fully settled or have been subject to reversal (such as on account of a chargeback).
\n8.7 Additional Information in Connection with Transfers and Trades
\nZipmex reserves the right to delay any transfer or Trade if it perceives a risk of fraud or illegal activity. Zipmex does not guarantee the availability of its Services, and the act of acquiring Supported Digital Currencies using the Services does not result in a guarantee that you may sell your Supported Digital Currencies using the Services.
\n8.8 Reversal of Transfers or Trades
\n8.9 No Investment or Other Advice
\nFor the avoidance of doubt, Zipmex does not provide investment, tax or legal advice. All Trades are executed automatically, based on the parameters of your Order instructions and in accordance with Zipmex’s Trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your own legal or tax professionals regarding your specific situation. The information provided on the Site or any third-party sites for which a link may be available on the Site does not constitute investment advice, financial advice, trading advice or any other sort of advice, and you should not treat any of the Site’s content as such. Zipmex does not recommend that any Digital Currency should be bought, earned, sold or held by you, and Zipmex will not be held responsible for the decisions you make to buy, sell or hold Digital Currency. You acknowledge and agree that you have had the opportunity to review and consider the risks contained in the relevant disclosure documents.
\n9.1 Conditions and Restrictions
\n9.2 Error Correction
\n9.3 Support for Digital Currencies
\n9.4 Derivative Protocols
\n9.5 AML/KYC Compliance
\nYou acknowledge and agree that:
\n9.6 Unclaimed Property
\nIf your User Account has been inactive for an extended period of time (as may be specified under applicable state or other laws), Zipmex will attempt to contact you using the contact information provided by you. If Zipmex is unable to locate you or you do not respond within thirty days (or such other time period as may otherwise be required by applicable state or other laws), Zipmex may be obligated to (i) report any remaining funds or property in your User Account as unclaimed property in accordance with applicable state or other laws and/or (ii) deliver any such unclaimed funds or property to the relevant state or other governmental authority in accordance with applicable state or other laws. In addition to such fees as may be imposed on dormant accounts in accordance with clause 6.5, if and to the extent permitted by applicable law, Zipmex reserves the right to deduct an administrative fee in relation to unclaimed funds or property.
\n9.7 Property Disputes
\n9.8 LEN Off-Exchange Trades
\nIn the case of the Digital Currency known as LINE Yen (LEN), Zipmex may engage in off-exchange (“over-the-counter”) trades with certain buyers and/or sellers of LEN at prices that may differ from market prices available on the Zipmex exchange. You acknowledge that such trading activity may have an impact on the liquidity of LEN trading available on the Zipmex exchange and/or on the market price of LEN on the Zipmex exchange.
\n9.9 Digital Currency Promotions
\n12.1 Remedies for Zipmex
\n12.2 Changes to Services; Limitations on Services
\nZipmex may, at its discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of any Services. In addition, Zipmex may not make all the Services available in all markets and jurisdictions and may restrict or prohibit use of all or a portion of the Services from certain countries, states, territories or jurisdictions
\n12.3 Suspension or Termination of Services; Closure of Account
\n12.4 Limitation of Liability
\nWITHOUT LIMITING THE GENERALITY OF CLAUSE 16, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL ZIPMEX, OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, REPRESENTATIVES, SUPPLIERS, CONTRACTORS OR OTHER SERVICE PROVIDERS, BE LIABLE FOR: (A) LOSSES SUFFERED BY YOU OR ANY THIRD PARTY RESULTING FROM ANY MODIFICATION OF ANY SERVICES OR FROM ANY SUSPENSION OR TERMINATION OF YOUR ACCESS TO ALL OR A PORTION OF ANY SERVICES (WHETHER PURSUANT TO THIS CLAUSE 12 OR FOR ANY OTHER REASON); OR (B) ANY AMOUNT IN EXCESS OF THE VALUE OF THE DIGITAL CURRENCY ON DEPOSIT IN YOUR USER ACCOUNT; UNLESS THE LOSS, HARM OR DAMAGE WAS DUE TO FRAUD, GROSS NEGLIGENCE OR WILFUL MISCONDUCT BY ZIPMEX OR ITS AFFILIATES.
\n12.5 Resumption of Services
\nIf and when the Services resume following a suspension of the Services, you acknowledge that Digital Currency valuations and exchange rates may differ significantly from the valuations and rates prior to such suspension.
\n12.6 Effect of Termination
\n12.7 Survival of Termination
\nAll provisions of these Terms which by their nature extend beyond the expiration or termination of your access to the Services shall survive such termination or expiration, including (without limitation) the following provisions:
\n13.1 Ownership of Zipmex Materials
\nZipmex Materials, together with all Intellectual Property Rights in any of the Zipmex Materials, as between you and Zipmex, are owned by Zipmex.
\n13.2 Limitations
\nZipmex may engage third party service providers to carry out certain activities relating to the Services, including (without limitation) to collect information to verify User identities and/or to process any fiat currency payments, including but not limited to payments in relation to your use of the Services or deposits or withdrawals from your Fiat Wallet.
\nYou acknowledge and agree that:
\nunless the loss, harm or damage was due to fraud, gross negligence or wilful misconduct by Zipmex or its Affiliates.
\n16.1 Disclaimer of Warranties
\nNothing in these Terms of Service limits any condition, guarantee or warranty imposed by the Australian Consumer Law, including any consumer guarantee rights that may apply.
\nAlthough Zipmex intends to provide accurate and timely information on the Site, the Site and the other Zipmex Materials may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to provide complete and accurate information, information may be changed or updated from time to time without notice, including without limitation information regarding Zipmex’s policies, products and services. If a change is material in nature, we will provide you with reasonable notice before the change takes effect. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and Zipmex shall have no liability for such decisions. To the extent that the Site provides access to market data or other information sourced from third parties, including historical price and supply data for Digital Currencies, such material is for informational purposes only and Zipmex makes no representations or warranties as to its accuracy.
\n16.2 Exclusion of Liability for Consequential or Similar Damages
\nunless the loss, harm or damage was due to fraud, gross negligence or wilful misconduct by Zipmex or its Affiliates.
\n16.3 Additional Limitations of Liability
\n17.1 Governing Law; Jurisdiction
\n17.2 Zipmex Affiliates and Contractors
\nThe Site and any Services may be operated or provided by Zipmex, its Affiliates or their respective independent service providers.
\n17.3 Non-waiver
\nZipmex’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver of any thereof. These Terms shall not be construed to waive rights that cannot be waived under applicable laws of the jurisdiction in which you are located, including without limitation applicable state money transmission laws.
\n17.4 Title
\nWith respect to any Digital Currencies you sell, transfer or deliver using the Services, you represent that you are the owner of such Digital Currencies with good and marketable title thereto and you have the absolute right to sell, assign, convey, transfer and deliver such Digital Currencies. You further represent that you are the lawful owner of any external wallet you may use to fund your User Account, receive withdrawals from your User Account or otherwise use to settle Trades, and that you have good title thereto and that such wallet is owned and operated solely for your benefit, and no person or entity other than you has any right, title or interest to or in any such wallet. You acknowledge and agree that Zipmex makes no representations or warranties as to good and marketable title with respect to Digital Currencies that you may purchase or receive in connection with your use of the Services, and Zipmex shall under no circumstances be liable for any title defects with respect to such Digital Currencies.
\n17.5 Severability
\nThe invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
\n17.6 Force Majeure
\nZipmex will have no responsibility or liability for any failure, delay or interruption in any Services which results (directly or indirectly) from any cause, circumstance, event or condition beyond the reasonable control of Zipmex, including without limitation any significant market volatility, any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, strike or other labor dispute, accident, action of government, act of military authorities, act of terrorists, civil disturbance, interruption in telecommunications or Internet services or network provider services, power failure, equipment or software malfunction, or other catastrophe or any other occurrence which is beyond Zipmex’s reasonable control, or any loss or damage that you may incur as a result thereof.
\n17.7 Assignment
\n17.8 Relationship of the Parties
\nZipmex is an independent contractor, and nothing in these Terms shall be deemed to cause you and Zipmex to be treated as partners or joint venturers or to have any similar relationship, nor shall either party be deemed an agent of the other party (except as otherwise expressly provided herein).
\n17.9 Feedback
\nIf you have any Feedback or general questions, please contact Zipmex via https://zipmex.com/au/contact-us/. When you contact Zipmex, please provide your name, address, and any other information Zipmex may need to identify you, your User Account, and the transaction on which you have feedback or questions. If you believe your User Account has been compromised, you may also report your claim by contacting support.au@zipmex.com.
\n17.10 Formal Complaint Process
\nIf you have a dispute with Zipmex (a “Complaint”), you agree to contact Zipmex through its support team to attempt to resolve any such dispute amicably. You may contact Zipmex’s customer support team via its Customer Support webpage, in writing at https://zipmex.com/au/contact-us/, if you and Zipmex cannot resolve the dispute through the Zipmex support team, you and Zipmex agree to use the formal complaint process set forth below in clause 17.11 or any internal dispute resolution process which we may establish for handling complaints which out customer support team tell you about or for which details are made available on our website. You agree to use this process before filing any small claims action or other court action or seeking resolution in any applicable external dispute resolution (EDR) scheme which is able to hear your claim. If you do not follow the procedures set out in clause 17.11 before making a claim with an EDR Scheme, filing a small claims action, or taking any other court action, Zipmex shall have the right to ask the court or EDR scheme to dismiss or suspend your filing or your claim unless and until you complete such steps.
\n17.11 Procedural Steps for Complaints
\n17.12 Entire Agreement; Conflicts
\n17.13 Separately Negotiated Agreements
\nTo the extent permitted by applicable law, Zipmex may from time to time enter into separately negotiated agreements (which may include side letters or other written communications) with certain Users. Such agreements may supplement or modify certain of these Terms as they apply to the particular User. This may include supplemental or modified provisions regarding, among other matters, (i) economics, fees and funding in relation to a User Account, (ii) access to particular market information (which may not be generally available to other Users at all or in the same level of detail or within the same timeframe), or (iii) appointment of a User or its representative to any advisory committee or other User representative bodies that Zipmex may establish from time to time. Any such separately negotiated agreements will be entered into in Zipmex’s sole discretion and based on such factors as Zipmex deems to be relevant. You acknowledge that such agreements are generally not available to all, or any particular subset of, Users. Factors that may be considered by Zipmex include, but are not limited to: (1) actual or planned volume of trading activity by a particular User and (2) any specific or unique legal, tax or regulatory obligations or requirements that may be applicable to a particular User. The existence and terms of any such separately negotiation agreement with another User shall not affect the validity or enforceability of these Terms as between you and Zipmex, and you shall not have any rights or legal recourse against Zipmex or any other User that receives supplemental or modified terms or rights as a result of a separately negotiated agreement.
\n17.14 Confidentiality
\nAny information you receive about another User through the Services must be kept strictly confidential. Unless such other User expressly consents otherwise, you may use such information only in connection with the Services (as reasonably necessary to execute a Trade or transfer or to carry out other actions incidental thereto), and you may not disclose such information to any third party.
\n17.15 Legal Process
\nYou acknowledge and agree that Zipmex, as well as its Affiliates and service providers, and their respective officers, directors, agents, employees and representatives (such Affiliates, service providers and other persons, collectively, the “Zipmex Service Providers”) may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant or other legal process which Zipmex or any of the Zipmex Service Providers reasonably and in good faith believes to be valid in connection with or relating to the Services utilized by you or the fiat currency or Digital Currency held in your User Account or any transaction in such fiat currency or Digital Currency.
\nZipmex and the Zipmex Service Providers may, but are not required to, notify you of any such process by electronic communication. Zipmex and any Zipmex Service Provider may charge you for associated costs, in addition to any legal process fees.
\nYou agree to indemnify, defend and hold harmless Zipmex and each Zipmex Service Provider from and against all actions, claims, liabilities, losses, costs, attorneys’ fees or damages associated with their compliance with any process that any of them reasonably believes in good faith to be valid in connection with or relating to the Services utilized by you or the fiat currency or Digital Currency held in your User Account or any transaction in such fiat currency or Digital Currency. You further agree that Zipmex and any Zipmex Service Provider may honor any such legal process, regardless of the method or location of service.
\n17.16 Modification of Terms; E-Signature and Electronic Communications Consent
\nAppendix A
\nProhibited Businesses and conditional uses
\nYou agree that you will not use your User Account (or the Site, the Services or other Zipmex Materials) to engage in the following categories of business activity (“Prohibited Businesses”). The particular examples of Prohibited Businesses enumerated below are merely representative and do not constitute an exhaustive list of all prohibited businesses. If you are uncertain as to whether or not your use of the Services involves a Prohibited Business, or if you have questions about how these requirements apply to you, please contact Zipmex using the form provided on the Site’s Contact Us page at https://zipmex.com/au/contact-us/
\nProhibited Businesses include (without limitation):
\nInvestment, Financial or Credit Services: Securities brokers; debt reduction or mortgage consulting services; credit counselling or repair services; real estate investment services; check cashing; bail bonds; collection agencies; and other investment, financial or credit services businesses;
\nDrugs, Paraphernalia and Pseudo-Pharmaceuticals: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs, as well as pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body;
\nSubstances Designed to Mimic Illegal Narcotics: Sale of any substance that provides the same or a similar effect as any illegal narcotics;
\nRegulated Products and Services: Offering online pharmaceutical or prescription services; selling weapons, munitions, gunpowder, explosives, fireworks, or toxic, flammable, or radioactive materials; operating a medical or recreational marijuana dispensary or related business; selling of tobacco, e-cigarettes, e-liquids or related items or other age-restricted goods or services;
\nUnfair, Predatory or Deceptive Practices: Investment opportunities or other services that promise high rewards; sale of any service without benefit to buyer; resale of government offerings without authorization or added value; or any other practices Zipmex determines (in its sole discretion) to be unfair, deceptive, or predatory towards consumers;
\nAdult Content and Services: Manufacturing, distribution or sale of pornography and other obscene materials; offering any services relating to sex (e.g., prostitution, escorts, adult live chat features);
\nMulti-level Marketing: Pyramid schemes, network marketing, and referral marketing programs;
\nUnauthorized Sale of Goods: Unauthorized sale of designer or brand name products or services; sale of illegally imported or exported or stolen goods or services; and
\nHigh-risk Businesses: Any other businesses that Zipmex determines (in its sole discretion) pose heightened financial, legal or other risks or violate the policies of any banking partner or other partner of Zipmex.
\nIn addition, you must obtain prior written consent from Zipmex in order to engage in the following categories of activities and/or business (“Conditional Uses”). You may request consent by contacting Zipmex using the form provided on the Site’s Contact Us page at https://zipmex.com/au/contact-us/. Zipmex may grant or deny such consent or may place conditions or restrictions on its consent, including (without limitation) requiring you to provide additional representations and warranties, to complete additional on-boarding procedures, and/or to operate subject to restrictions. Conditional Uses include (without limitation):
\nMoney Services: Money transmitters (including transmitters of Digital Currencies); exchanges or dealers of currencies or Digital Currencies; sellers, issuers, administrators or exchangers of gift cards or prepaid cards; sellers of in-game currency; acting as a payment intermediary or aggregator or otherwise reselling any of the Services;
\nCharities and Religious or Spiritual Organizations: Operating or accepting donations for a non-profit enterprise or a for-profit religious or spiritual organization;
\nGames of Skill: Games which do not constitute gambling under these Terms or by law, but which require an entry fee and award a prize.
\n\n
Transfers to and from ZipUp+ are classified as deposits and withdrawals respectively
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