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Terms and conditions

NA-X.COM.AU
USER AGREEMENT

Last updated: 16 February 2024

 

BACKGROUND

These terms form a legal agreement (User Agreement) between you and Peer TC Pty Ltd trading as NA-X.COM.AU (“NA-X.COM.AU” or “Company”) for the use and access of website <https://NA-X.COM.AU/>, web or mobile application, any relevant information, connected features, functions, or software (collectively, Services) owned and operated by NA-X.COM.AU. 

Our Services are not intended to be used or accessed by any person or entity in any jurisdiction or country where such use or access would be contrary to law or regulation. Accordingly, persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance of local laws, to the extent local laws are applicable.

Information provided on our Website or as part of our Services is not, in any circumstance, financial advice. The Company nor any of its affiliates do not provide financial advice in any form.

This User Agreement contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that may apply to you. Please read it carefully.

  1. ACCEPTANCE OF THESE TERMS AND CONDITIONS

Our Services are only available to you upon acceptance of this User Agreement. By using our Services, you agree that you have read, understood, and agree to be bound by all of these terms and conditions. If you do not agree and/or accept all of these terms and conditions of use, then you are expressly prohibited from using our Services and you must discontinue use immediately.

 

  1. CHANGES TO THESE TERMS AND CONDITIONS

Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these terms at any time and for any reason. We will alert you of any changes by updating the “Last Updated” date of these terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised User Agreement by your continued use of our Services after the date such revised User Agreement are posted.

 

  1. APPLICATION OF THESE TERMS AND CONDITIONS

These terms apply to all users of our Services, including individuals, merchants, and legal entities. The Website is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use, access, register an account or access our Services.

  1. USER REGISTRATION

                                                                                                     

  • To access or use our Services, you must register a user account (Account). You agree to keep your password (if any) confidential and will be responsible for all use of your Account and password.

 

  • By registering an Account, you represent and warrant that you are not registering on behalf of any other entity other than what you have declared to us and the information you supply to us is true, correct, and complete.

 

  • We are under no obligation to open an Account for you. We reserve the right to refuse to accept a user account registration application from any applicant at our sole discretion and without any obligation to communicate a specific reason.

 

  • Upon receipt of your application to open an Account, we may contact you to request further information and/or documentation from us in order for us to comply with our regulatory and legal obligations. You acknowledge that your application will be voided as a result of your failure to provide documents or information on our request.

 

  • To the maximum extent allowed by law, we accept no liability for any losses suffered by you with regards to losing access to your account, its associated funds, or any of the information stored by us.

 

  • You may be required to provide verification documentation in accordance with our KYC policy. We reserve the right to suspend or restrict Account options on any Account until the required information is received.

 

  1. YOUR ACCOUNT

 

  • Accounts could use several currencies; in this case all Account balances and transactions appear in the currency used for the transaction.

 

  • We may close or suspend an Account if you are not or we reasonably believe that you are not complying with these Terms, or to ensure the integrity or fairness of the Service or if we have other reasonable grounds to do so. We may not always be able to give you prior notice. If we close or suspend your Account due to you not complying with these Terms, we may cancel and/or void any of your transactions and withhold any funds in your Account.

 

  • We reserve the right to close or suspend any Account without prior notice and return all funds that are not involved in any transaction.

 

  • We reserve the right to refuse, restrict, cancel or limit any participation in our Services at any time for whatever reason, including any participation perceived to be fraudulent in order to circumvent our Services.

 

  • You cannot transfer, sell, or pledge your Account to another person. Should you wish to close your Account with us, please send an email from your registered email address to us via the links on the Website.
  1. USER REPRESENTATIONS

By accessing and/or using the Services, you represent and warrant that:

 

  • You are over the age of 18 and we reserve the right to request proof of age documents from you at any time to verify compliance.
  • You have the legal capacity to enter into a binding legal agreement with us. Access to our Services is prohibited for individuals lacking legal capacity.
  • You are a bona fide user of our Services.
  • You are a resident in a jurisdiction that allows the use of our Services. You are not a resident of any country, nor located in, any country where access to our Services is prohibited to its residents. It is your sole responsibility to ensure that your use of the service is lawful and complies with local laws.
  • You may not use a VPN, proxy or similar services or devices that mask or manipulate the identification of your real location.
  • You are the authorized user of the payment method you use.
  • You must make all payments to us in good faith and not attempt to reverse a payment made or take any action which will cause such payment to be reversed by a third party.
  • When utilising our Services, you may lose your money deposited and you will be fully responsible for that loss.
  • You fully understand and have experience with using our Services and the risks associated with our Services.
  • You are not acting on behalf of another party or for any commercial purposes, but solely on your own behalf in your personal capacity.
  • You must not either attempt to manipulate any market or element within the Services in bad faith nor in a manner that adversely affects the integrity of the Services or us.
  • You will not use our Services in connection with one or more Prohibited Activities described in this User Agreement.
  • You are not entering into transactions that are above your financial abilities and that you are aware of the risks related to tokens, cryptocurrencies, and digital assets, for which you are solely responsible and liable for.
  • You acknowledge and agree that we do not provide any advice, guidance, or recommendations on the opportunity to invest into, disinvest from, or remain invested in any token.
  • You are responsible for consulting with your professional financial advisor for any advice, guidance, or recommendation prior to using our Services.

 

  1. DEPOSIT OF FUNDS

 

  • All deposits, whether made via traditional banking methods or from self-custody crypto wallets, should be made from an account or payment system or credit card that is registered in your own name, or a crypto wallet that you nominated and linked to your Account, and any deposits made in any other currency will be converted using the daily exchange rate at the Company’s sole discretion, or at our own bank’s or our payment processor’s prevailing rate of exchange following which your Account will be deposited accordingly.

 

  • You are responsible for your own bank charges and any cryptocurrency network fees that you may incur due to depositing funds with us.

 

  • We are not a financial institution, and we use third-party electronic payment processors to process credit and debit card deposits. If you deposit funds by either a credit card or a debit card, your Account will only be credited if we receive an approval and authorisation code from the payment issuing institution. If your card issuer gives no such authorisation, your Account will not be credited with those funds. For deposits from cryptocurrency wallets, the credit to your Account will be processed upon successful validation of the transaction on the respective blockchain network.

 

  • You acknowledge and agree that your Account is not a bank account and is therefore not guaranteed, insured or otherwise protected by any deposit or banking insurance system or by any other similar insurance system of any other jurisdiction, including but not limited to your local jurisdiction. Furthermore, the Account does not bear interest on any of the funds held in it.

 

  • Funds originating from criminal and/or illegal and/or unauthorized activities must not be deposited with us.

 

  • All transactions made on our site might be checked to prevent money laundering or terrorism financing activity. Suspicious transactions will be reported to the relevant authority.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

  • You acknowledge and agree that our Services are the property of NA-X.COM.AU or its licensors. Subject to your compliance with these Terms, NA-X.COM.AU grants you a limited right to access and/or use our Services, which is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations contained herein. Nothing in these terms gives you any licence (other than as set out in this section), right, title, or ownership of, in, or to any of our Services.

 

  • You acknowledge and agree that NA-X.COM.AU retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, the software and application programming interfaces (APIs), and any other proprietary rights in our Website and used as part of our Services. You acknowledge and agree that all marks containing “NA-X.COM.AU” and its graphics logo are the trademarks of NA-X.COM.AU, whether registered or not.

 

  • You are not permitted to create, for commercial use, fan art (tokenised or physical), merchandise, or similar content stemming from the Website or our Services. If you create any fan-art for personal, non-commercial use, the artwork must clearly state “NA-X.COM.AU Fan Art” and a link to the Website. We reserve the right and absolute discretion to remove your fan-art.

 

  1. DATA PROTECTION

In order to provide you with our Services, you acknowledge and agree that NA-X.COM.AU may collect, store, and process your personal data and/or information. By accessing and/or using our Services, you acknowledge to have read, understood, and accepted the terms of NA-X.COM.AU’ Privacy Policy, and you further acknowledge and agree that NA-X.COM.AU may use such data and/or information in accordance with the terms of its privacy policy.

  1. THIRD-PARTY PAYMENT GATEWAYS

We reserve the right to employ and use third-party payment gateways. If you elect to purchase, trade, or sell, via our Services, any financial transaction where you elect to pay via a third-party payment gateway service, requires you to abide by their terms and conditions. Any third-party payment services used are not controlled by us. You agree to use the third-party payment services at your own risk. You agree to indemnify NA-X.COM.AU from all liability in relation to any third-party payment services. We accept no liability owed to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via any third-party payment gateways.

 

  1. TAXES

You shall be solely responsible for any taxes applying to the payments you make or receive through the Website, and to collect, report, and remit such taxes to the appropriate tax authorities. You acknowledge and agree that, at the moment, NA-X.COM.AU is not able to prepare any taxation report concerning the operation executed and that it is your duty to collect all the information required by the competent tax authorities in order to comply with your tax obligations.

 

  1. FRAUD

We will seek criminal and contractual sanctions against any user involved in fraud, dishonesty or criminal acts. We will withhold payment to any user where any of these are suspected. The user shall indemnify and shall be liable to pay to us on demand all costs, charges or losses sustained or incurred by us (including any direct, indirect or consequential losses, loss of profit, loss of business and loss of reputation) arising directly or indirectly from the user’s fraud, dishonesty or criminal act.

 

  1. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding our Services (Submissions) provided by you to us are non-confidential and should become our sole property. We own exclusive rights, including all intellectual property rights, and are entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment from or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

 

  1. THIRD PARTY WEBSITE AND CONTENT

 

  • The Website may contain (or you may be sent via the Website) links to other Websites (Third-Party Websites), as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (Third-Party Content). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through our Services, Cor any Third-Party Content posted on, available through, or installed from our Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.

 

  • If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms and Conditions no longer govern your use of and interaction with the Third-Party Websites and/or Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from our Website or Services.

 

  • Any transaction you make through Third-Party Websites will be through those websites and from other companies, and we take no responsibility whatsoever in relation to such transaction which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and we are not liable for any harm caused by your purchase of such products and services. Additionally, you agree and acknowledge that we accept no liability for any losses sustained by you or harm caused to you relating to or resulting, in any way, from any Third-Party Content or any contact with Third-Party Websites.

 

  1. TERMINATION OF USE AND BANNING OF WALLET ADDRESS

 

  • You terminate these terms at any time by withdrawing consent to abide by these terms via writing. If you withdraw consent, or otherwise terminate these Terms, you will not receive any refunds for any transactions that you might make on or through our Services.

 

  • You agree that we, in our sole discretion and for any or no reason, may terminate these Terms or suspend and/or terminate your use of our Services, or ban your wallet address from using the Services without the provision of prior notice. You agree that any suspension or termination of your access to our Services may be without prior notice and that we will not be liable to you or to any third party for any such suspension or termination.

 

  • If we terminate these terms or suspend or terminate your access or a wallet’s access to or use of our Services due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Activities), then termination of these terms will be in addition to any other remedies we may have at law or in equity.

 

  • We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorised use of our Services. Without limiting the forgoing, we have the right to fully cooperate with any law enforcement authorities or court order requestion or directing us to disclose the identity or other information of anyone using our Services.

 

  • Upon any termination or expiration of these terms, whether by you or us, you may no longer have access to information that you have used or gathered via our Services or that is related to your wallet, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.

 

  1. LIMITATION OF LIABILITY

 

  • In no event will NA-X.COM.AU, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to your use of the Website, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not NA-X.COM.AU was advised of the possibility of such damages.

 

  • Without limiting the generality of the foregoing, we take no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Website or Services, including, without limitation, to any of the following:

 

  • as a result of your own fault whether acts or omissions;
  • delays, interruption or loss of services;
  • technical failure, malfunction or shutdown;
  • server failure, hacks or unavailability;
  • data loss;
  • corrupted data on NA-X.COM.AU’s servers;
  • failure to update or provide correct information;
  • “phishing” or other websites or services masquerading as NA-X.COM.AU;
  • stolen, lost, or unauthorised use of your means of authorization; and
  • loss of business or goodwill.

           

  • The limitation of liability set out above shall not be applicable in case of loss or damages caused by NA-X.COM.AU or any of its employees by intentional misconduct or gross negligence.

 

  • The Website is provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws.

 

  • NA-X.COM.AU disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.

 

  1. INDEMNIFICATION

To the fullest extent permitted under applicable laws, you agree to hold harmless and indemnify NA-X.COM.AU, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third-party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of:

 

  • Your alleged or actual breach of these terms, including, without limitation, your express representations and warranties;
  • Your alleged or actual use or misuse of the Services; and
  • Your alleged or actual infringement or violation of any laws or of the rights of a third party.

 

  1. ENTIRE AGREEMENT

These Terms constitute all the terms and conditions agreed upon between you and NA-X.COM.AU and supersede any prior agreements in relation to the subject matter of these terms, whether written or oral.

 

  1. SEVERABILITY AND WAIVER

Unless as otherwise stated in these terms, should any provision of these terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these terms, and the application of that provision shall be enforced to the extent permitted by applicable laws.

 

The failure of NA-X.COM.AU to exercise or enforce any of the rights or provisions of these terms shall not considered as a waiver of NA-X.COM.AU’ rights to do so.

 

  1. ASSIGNMENT

NA-X.COM.AU may assign these terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license your rights under these terms to any third party.

 

  1. NO PARTNERSHIP

Nothing contained in these terms shall be deemed or construed to create a principal and agent, partnership, or joint venture relationship between you and NA-X.COM.AU.

 

  1. FORCE MAJEURE

NA-X.COM.AU will not be deemed in default of these terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labour disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government, or any other delay or failure caused by a third party, obstruction or failure of telecommunication services, any other cause beyond NA-X.COM.AU’ reasonable control. In such an event, we reserve the right to cancel or suspend our Services without incurring any liability.

 

  1. GOVERNING LAW

These Terms, and your use of the Website and Services, are/is governed by and constructed in accordance with the law in force in the state of Victoria, Australia.

  1. ACCESSING AND AMENDING PERSONAL INFORMATION

You are entitled to review, correct, or amend your personal information, or to delete that information where it is inaccurate. You may do this by contacting us via our Website.

If your access to our Services is suspended or terminated, we will keep your information in our database for at least seven years for regulatory purposes. This ensures that those who are attempting to avoid fraud cannot achieve this by simply closing or terminating their access. When your access is closed or terminated, your information will not be used by us for any further purposes, including sharing to third parties.

 

 

 

Prohibited Activities

Prohibited Activities include but not limited to:

  1. Systematically retrieving data or other content from the Website or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

 

  1. Using the Website or Services in any unauthorised manner, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;

 

  1. Using a buying agent or purchasing agent to make purchases on the Website or Services;

 

  1. Using the Website or Services to advertise or offer to sell goods and services;

 

  1. Circumventing or disabling or otherwise interfering with security-related features of the Website or Services, including features that prevent or restrict the use or copying of any Website content or enforce limitations on the use of the Website or Services and/or the content contained therein;

 

  1. Engaging in unauthorised framing of or linking to the Website or Services;

 

  1. Defrauding or misleading us and/or other users, especially in any attempt to learn sensitive account information such as user password;

 

  1. Knowingly or recklessly providing us with inaccurate or incomplete information through the Website or Services;

 

  1. Improperly using our support services or submitting false reports of abuse or misconduct;

 

  1. Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

 

  1. Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website or Services;

 

  1. Attempting to impersonate another user or person or use the username of another user;

 

  1. Selling or otherwise transferring your profile;

 

  1. Using any information obtained from the Website or Services in order to harass, abuse, or harm another person;

 

  1. Use of the Website or Services as part of any effort to compete with us or otherwise use Website or Services and/or the content contained within for any revenue-generating endeavour or commercial enterprise;

 

  1. Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Website or Services;

 

  1. Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website or Services, or any portion of it;

 

  1. Harassing, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Website or Services to you;

 

  1. Deleting copyright or other proprietary rights notice from any content from or derived from the Website or Services;

 

  1. Copying or adapting the Services’ software, including, but not limited to HTML, JavaScript, or other code;

 

  1. Uploading or transmitting (or attempting to upload or to transmit) viruses, trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website or Services;

 

  1. Uploading or transmitting (or attempting to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“GIFs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”);

 

  1. Except as may be the result of standard search engines or Internet browser usage, using, launching, developing, or distributing any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website or Services, or using or launching any unauthorised script or other software;

 

  1. Disparaging, tarnishing, or otherwise harming, us and/or the Website or Services, such harm which is assessed and judged at our sole discretion and opinion;

 

  1. Using the Website or Services as a minor (under the age of 18 years old) or operating as an agent for or at the behest of a person under the age of 18 years;

 

  1. Terrorist financing, money laundering, or illegal gambling;

 

  1. Malicious hacking, including payments for ransomware;

 

  1. Any business activity we believe poses an elevated financial risk, including legal liability, pyramid schemes, network marketing, and referral marketing programs;

 

  1. Using the Website or Services or the information contained in it for any revenue-generation endeavours or commercial purposes, including those which are competitive to the Website or Services, or which would otherwise be detrimental or prejudicial to our interests in any way; and

 

  1. Using the Website or Services in a manner inconsistent with any applicable laws or regulations.