dWealth Services Terms of Service

Terms of Service
Last updated: 26 July, 2018

www.dwealthservices.com, sub-domains, any associated web-based and mobile applications, and APIs (collectively, "website") are operated by dWealth Services which is a project of Sicoor Pty Ltd (“dWealth Services”, “we,” “us”, “our”). Sicoor Pty Ltd, as the operating entity, are registered in Australia and have our registered office at Sunshine Coast Innovation Centre, 90 Sippy Downs Drive, Sippy Downs, Queensland, Australia 4556. Our ABN number is 20 603 238 893. Any reference to dWealth Services in this document or on our website refers to the project, with the operating entity being Sicoor Pty Ltd.

By using this website, you the user ("you", "user", "client", "customer"), are deemed to have read, warrant, agree to and accept these Terms of Service in full.

These Terms of Service are an agreement between you, the user, and us, dWealth Services. These Terms of Service govern your use of this website and/or any of our services; by using this website and/or any of our services, you accept these Terms of Service in full.

If you disagree with these Terms of Service or any part of them, you must not use this website and/or any of our services. You must be at least eighteen (18) years of age to use this website and/or any of our services. By using this website and/or any of our services, you warrant and represent that you are at least eighteen (18) years of age.

You agree that dWealth Services may communicate with you about its services electronically. You are responsible for keeping your email address up to date in your Account Profile. If at any time you no longer wish to receive these communications, please contact support@dwealthservices.com.

We do not make any recommendations about trading in digital assets. Please consider your own circumstances before using our services and obtain independent legal and/or financial advice. Please also consider the impact of the buying, selling and trading of digital assets under all applicable laws and regulations.

Other applicable terms

These Terms of Service refer to our Privacy Policy which also apply to your use of our website and/or our services. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our website and/or our services, you consent to such processing and you warrant that all data provided by you is accurate.

Changes to these terms

We may revise these Terms of Service from time to time by amending this page. We will email you using the email address you most recently provided to us to advise you that our terms have changed. By continuing to access our website and/or use our services once the revised terms have become effective, you agree to be bound by the revised terms. In the event that you do not agree to the revised terms, you must not access our website or any of our services and you should contact us at support@dwealthservices.com to close your dWealth Services accounts.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our website

We may update our website from time to time, and may change the content at any time. However, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it.

Accessing our website

To access parts of our website and/or use some of our services, you must be a registered user. You can register as a user of our website and our services by providing your name, email address, mobile phone number and certain identity information. You are also required to create a password and username, and confirm your acceptance of these Terms of Service.

We do not guarantee that our website, or any content on it, will be free from errors or omissions.

We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website and/or services are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our website.

Acceptable use

You must not use this website and/or our services in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.

You agree to use this website and/or our services in good faith, in accordance with these Terms of Service and any applicable law or regulation.

You will comply with any policies, procedures, operating rules, directions of dWealth Services from time to time in relation to your access to the website and the manner of performance of your obligations under these Terms of Service.

You are responsible for all dealings through the website, including any fraudulent, illegal or unauthorised dealings, which are attributable to your conduct. You release and discharge dWealth Services from any liability in respect of such dealings.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without dWealth Services’s express written consent.

Users agree to provide dWealth Services with accurate, current and complete information about themselves as prompted by our registration or service process, and keep such information updated.

dWealth Services reserves the right to request identification information (including but not limited to passport, driver’s license, identity card, Government issued photographic identification, utility bills, residential certificate, signed certification of cohabitation, bank account statements, or similar) depending on the amounts requested through our service or any apparent suspicious activity which may indicate money-laundering, terrorist financing or other illegal or fraudulent activity. You must only use our services with bank accounts held directly in your name. We may request identification of the bank account to or from which funds are transferred where we suspect or are notified of unauthorised transactions or otherwise to comply with applicable law and regulations. Your accounts and any pending transactions may be frozen until the identity check has been considered satisfactory by dWealth Services as required by its internal fraud prevention measures or applicable anti-money laundering and counter-terrorist financing laws.

You may be subject to withdrawal restrictions from time to time, including where dWealth Services determines it is necessary to minimise fraud, money laundering and other risks. dWealth Services may, at its sole discretion, terminate your accounts, including where the results of its internal investigation are deemed unsatisfactory. We will make best efforts to assist you with, and allow you a reasonable amount of time to, comply with termination or withdrawal procedures requested by dWealth Services.

dWealth Services may request additional identification information from you at any time at the request of any competent authority or by application of any applicable law or regulation. dWealth Services may also make enquiries using third parties to verify your identity, any information you have supplied and/or your account details.

Digitally Mined Asset/Commodity Services

dWealth Services provides a platform for you to acquire and manage digitally mined assets/commodities by giving instructions through the dWealth Services website. We will process digitally mined asset/commodity transactions in accordance with the instructions we receive from you. You are responsible for verifying the accuracy of all transaction information prior to submitting instructions to us. dWealth Services accepts no responsibility for any loss or damages if you provide us with any wrong or false information, including but not limited to the incorrect wallet address, destination tag, or similar, of the receiver, or the incorrect username of the dWealth Services user. We do not guarantee the identity of any user, receiver, requestee or other party.

dWealth Services cannot cancel or reverse any digitally mined asset/commodity transactions once they have been submitted to the relevant digitally mined asset/commodity network. Digitally mined asset/commodity transactions are subject to confirmation by the relevant digitally mined asset/commodity network and may not be reflected in your account until this process is complete.

We may charge network fees to process digitally mined asset/commodity transactions on your behalf. The network fee is calculated by dWealth Services at its discretion and may change from time to time. These fees provide digitally mined asset/commodity “miners” incentive to continue processing digitally mined asset/commodity transactions, and including an appropriate fee to your digitally mined asset/commodity transfer will directly influence the time it takes for that amount to be confirmed on each of the blockchains. We will notify you of the network fee at or before the time you authorise the digitally mined asset/commodity transaction. dWealth Services reserves the right to refuse to process any order or transaction for any reason.

dWealth Services will, at its discretion, select those digitally mined asset/commodity it supports, and this may change from time to time. We assume no responsibility or liability in connection with any attempt to use your account to store, send, request or receive digital assets in any form that we do not support. If we decide, at our discretion, to discontinue support for a digital asset, we will use reasonable efforts to assist you with moving or selling the digital asset that is no longer supported.

dWealth Services does not issue financial products or provide financial services in relation to its Digitally Mined Asset/Commodity Services. dWealth Services does not provide remittance services.

dWealth Services Accounts

In your accounts, dWealth Services also allows users to buy and sell digital assets by trading directly with dWealth Services as principal. Buy and sell trades between fiat currency and digital assets incur a trading fee.

dWealth Services does not issue financial products or provide financial services in relation to its accounts.

Contractual Obligation

Where we have outlined the terms of a product on a webpage we agree to honour the terms as presented at the time of your acceptance of the offer. Details of the terms of a product constitute an offer and your action taken to place an order or otherwise accept an agreement with us through our website or otherwise constitutes acceptance of the offer unless expressly communicated otherwise. We suggest that you make a copy of the terms of any offer that you have taken action to accept for your records as product terms may change at our discretion.

Security

Under no circumstances may you access, use, or sign in to, the account of another dWealth Services user. You must ensure that your email and password are kept confidential and maintained with adequate security. You must also ensure you are visiting the correct website before attempting to sign in to your accounts. dWealth Services may restrict your service and/or disable your account access or password at dWealth Services’s sole discretion if it is suspected that your accounts have been compromised. dWealth Services accepts no responsibility for any loss or damages you may suffer in connection with your accounts being compromised, even where our actions or omissions have caused or contributed to the loss or damage (provided that we have not acted fraudulently, in breach of applicable laws or in wilful breach of these Terms of Service).

We may require you to add Enhanced Security to your accounts by adding, including but not limited to, SMS-based and/or App-based two factor authentication. We will communicate with you through the website or through dWealth Services Support using an address from the domain "@dwealthservices.com". You should ignore any emails that appear to come from us that request your password, security information or login details. These emails may come from other parties seeking to use this information to access your accounts.

dWealth Services reserves the right to restrict your service and/or disable your account access and password, and to refuse to process or cancel any pending transaction, as required by law, court order or any other binding government order.

Risks

Investing in digital assets is inherently risky. The legal status of digital assets is uncertain. They are not legal tender. Using our services carries a range of risks, including the following:

  • Market risk. This is the risk that the value of any digital assets you hold will fluctuate. Changes in value may be significant and may occur rapidly and without warning. Digital asset valuations may be impacted by a range of market factors (such as market volatility; market sentiment; movements in interest rates; domestic and international economic conditions, which generally affect business earnings; political events, war, natural events; and changes in government, monetary policies, taxation and other laws and regulations).
  • Liquidity risk. Digital assets may, at a particular time, have limited liquidity which may make it difficult or impossible for you to sell your current holding when you wish to do so, at a price which you consider to be reasonable.
  • Availability risk. We do not guarantee that our services will be available at any particular time or that our services will meet any minimum uptime levels. It may not be possible for you to buy, sell, store, transfer, send or receive digital assets using dWealth Services when you wish to do so.
  • Security risk. This is the risk that your dWealth Services accounts may be compromised and that you may lose some or all of your digital assets. dWealth Services may implement systems to reduce the risk of accounts being compromised, but it is not possible for dWealth Services to eliminate this risk completely. You must follow dWealth Services's instructions regarding adequate security of your user ID and passwords, including as set out in these Terms of Service, on our website and as otherwise notified to you from time to time.
By using the website and/or our services, you represent and warrant that you understand the risks associated with digital assets.

Payments

Each transaction that you process using our service is subject to a transaction fee. We may, at our discretion, deduct transaction fees from your accounts either on an individual per transaction basis or on a daily-consolidated basis.

We will deduct the applicable transaction fees from the digital asset or fiat currency amounts you hold in your dWealth Services accounts. By using our website and our services, you agree that we may use any digital asset and/or fiat currency ("funds") held in your dWealth Services account to pay any outstanding amount owed by you to dWealth Services under these Terms of Service (regardless of the digital asset or fiat currency to which those amounts relate). If you owe us an amount in one form and do not have sufficient funds in that form then we may deduct the fees in another form to effect payment. Wherever practicable, we will notify you in advance before making such a deduction. If there are insufficient funds in your dWealth Services accounts when we collect our fees, we may restrict your account access. You can restore your account access by depositing additional funds that at least meet the transaction fees owed to dWealth Services. By depositing additional funds, you authorise dWealth Services to deduct any amounts due from your dWealth Services accounts before restoring your access.

There are currently no fees to receive or deposit digital assets into your dWealth Services wallet account, or to withdraw fiat currency to your bank account (collectively "fee-free services"). However, network fees will apply when making a payment out of your accounts, to transfer, withdraw or pay digital assets to external wallet addresses. dWealth Services neither warrants that its fees will remain unchanged nor that the current fee-free services will remain so in the future.

You must only fund your fiat currency account with deposit services supported by dWealth Services and these may change from time to time. Deposits made via unsupported methods (including deposits from credit accounts) may be subject to additional payment processing fees of up to 5% of the deposited amount or $5 AUD, whichever is greater. You agree we may deduct the processing fees from available funds (including from your digital asset account) before releasing the deposit to your dWealth Services account. You must ensure that your deposit instructions (including but not limited to BSB, Account Number, Transaction Reference, Biller Code or Customer Reference Number) are treated in confidence and not shared with anyone. Disputing a deposit service transaction, raising an investigation or error correction request with your bank for any reason (fraudulent or otherwise) will result in a dispute fee. The current dispute fee is $22 AUD, and is subject to change as determined by our payment provider. You agree we may deduct the dispute fee from any available funds in your dWealth Services accounts.

When you make payments through dWealth Services, dWealth Services does not have control of, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase from, or sell to, a third party. We do not guarantee the identity of any user or other party or ensure that a buyer will complete a transaction. If there are any problems with the way in which a third party has transacted with you, or has provided services to you, you must handle them directly with that third party.

It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. dWealth Services is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

All amounts payable under this Agreement to dWealth Services are exclusive of any GST. If GST is or becomes chargeable on any supply made by dWealth Services and dWealth Services is required to account to the relevant tax authority for the GST, you must pay to dWealth Services (in addition to and at the same time as paying any other consideration for such supply) an amount equal to the amount of the GST.

Goods and Services Tax (GST) for Australian residents may also apply on some of our services. We will provide you with a valid receipt if GST has been collected from you. We will not charge GST on cross-border transactions where you are an eligible Australian-based business recipient and you have provided your Australian Business Number (ABN) to us prior to the transaction.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.

You must not use any part of the content on our website for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

Third party links and resources in our website

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

Warranties

This website is provided ’as is‘ without any representations or warranties, express or implied. dWealth Services makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, dWealth Services does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.
  • Any part of this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.

Limitations of liability

Nothing in these Terms of Service excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Australian law.

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website, or any content on it, and / or to the services, whether express or implied.

dWealth Services will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website and/or our services:

  • for any use of, or inability to use, our site and/or our services;
  • for any use of or reliance on any content displayed on our website;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if a loss was foreseeable, or if dWealth Services has been expressly advised of the potential loss.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Without prejudice to the limitations and exclusions set out above, to the extent that dWealth Services is liable to you, whether in contract (including under any indemnity or warranty), in tort (including negligence), for breach of statutory duty, or otherwise, under or in connection with these terms, dWealth Services’s liability to you is limited to the balance in your dWealth Services wallet at the date on which the relevant claim arose.

Other parties

We may use third party service providers in the provision of parts of our services, including our technology and banking partners.

You accept that dWealth Services has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against dWealth Services’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect dWealth Services’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as dWealth Services. Save as expressly stated otherwise, a person who is not a party to these terms has no right to enforce any term of this agreement.

Indemnity

You hereby indemnify dWealth Services and undertake to keep dWealth Services indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by dWealth Services to a third party in settlement of a claim or dispute on the advice of dWealth Services’s legal advisers) incurred or suffered by dWealth Services arising out of any breach by you of any provision of these Terms of Service, or arising out of any claim that you have breached any provision of these Terms of Service.

Severability

If any provision of these terms is or becomes invalid, illegal or unenforceable in any jurisdiction in connection with its performance, such provision shall be deemed deleted to the minimum extent necessary in the relevant jurisdiction (which can include deleting only part of the relevant provision) and shall continue in full force and effect without deletion in jurisdictions where it is not invalid, illegal or unenforceable.

Assignment

Neither of us shall assign, novate, subcontract or otherwise dispose of any or all of our rights and obligations under this Agreement without the prior written consent of the other.

Entire agreement

These Terms of Service, together with our privacy policy, constitute the entire agreement between you and dWealth Services in relation to your use of this website and services, and supersede all previous agreements in respect of your use of this website and our services.

We each acknowledge that, in entering into these terms, we do not rely on, and shall have no remedies in respect of, any statement, promises, assurances, warranties, representations or understandings (whether oral or written, and whether made innocently or negligently) made by or on behalf of the other that are not set out in these terms.

We each agree that we shall have no claim for innocent or negligent misrepresentation based on any statement in these terms, save that nothing in these terms shall limit or exclude any liability for fraud.

Law and jurisdiction

If you are a consumer, please note that these terms of service, its subject matter and its formation, are governed by Australian law. You and we both agree to that the courts of Australia will have non-exclusive jurisdiction. If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Australian law. We both agree to the exclusive jurisdiction of the courts of Australia.

Contact us

To contact us, please email support@dwealthservices.com.