These terms and conditions (Terms) form a binding legal agreement between the client (you, your, Account Holder) and Mr Merkle Pty. Ltd.. Ltd. ABN 256 193 201 60 (we, us, our, Mr Merkle).
Mr Merkle offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using our website. By visiting our site and/ or purchasing something through us, you engage in our “Service” and agree to be bound by these following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
By accessing or using any part of the site, you agree to be bound by these Terms of Service.
Any new features or tools which are added to Mr Merkle shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – USE OF THE MR MERKLE TRADING PLATFORM
1.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. A breach or violation of any of the Terms will result in an immediate termination of our Services.
1.2 Some functions of the site may not be available in some Countries.
1.3 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
1.4 You must not transmit any worms or viruses or any code of a destructive nature.
SECTION 2 - GENERAL CONDITIONS
2.1 We reserve the right to refuse service to anyone, for any reason, at any time.
2.2 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2.3 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
2.4 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
3.1 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
3.2 This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
4.1 Prices for our products are subject to change without notice.
4.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
4.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
5.1 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
5.2 We collect and use personal information to confirm our clients’ identities. We use this information to perform anti-money laundering and anti-fraud checks. We will use this information to contact you with relevant marketing material.
5.3 Mr Merkle reserves the right to place a hold on any order or activity on the platform at any time in order to confirm a client’s identity.We collect and use personal
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
6.1 We provide buyers’ agency services (Services) for clients that wish to purchase Coins, this allows you to quickly and easily buy Coins at a fair market rate, through our website, www.mrmerkle.com.au (Website).
6.2 Mr Merkle facilitates the purchase of coins for our clients. We control wallets which currency passes through. We do this in order to increase the reliability of coin transfers.
6.3 You agree to provide current, complete and accurate purchase and account information for all purchases made through Mr Merkle. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6.4 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased by an Account holder. In the event that we make a change to, or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to release and indemnify Mr Merkle in the event of a canceled order.
SECTION 7 - OPTIONAL TOOLS/THIRD PARTY LINKS
7.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
7.2 You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. WMr Merkle accepts e shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
7.3 Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 8 - ACCOUNTS
8.1 A Mr Merkle Account refers to an Account held by an "Account Holder" This account has the specific objective of exchanging digital currency (like bitcoin or Ethereum) and fiat currency by utilising the Mr Merkle platform.
8.3 A legal entity or natural person that wants to register as an Account Holder is advised to read these Terms and conditions of Service carefully and understand them before accepting them. These Terms and conditions of Service apply as long as the respective Account is accessible through the platform www.mrmerkle.com.au.
8.4 A new Account can be created by any natural person or legal entity as long as they have an e-mail address, a bank account, comply with the terms of service and satisfy the identity checks. All accounts will be provided with wallets generated by Mr Merkle. Account details must be verified before full services will be provided to an Account Holder. Please see our Account Verification section.
SECTION 9 - CONDITIONS
9.1 Mr Merkle reserves the right to limit, change, set or vary buy/sell limits on Account Holders behalfs. Mr Merkle reserves the right to abort a transaction at any time and to return received payments or coins to the Account Holder.
9.2 Account Holders are responsible for maintaining the confidentiality of their Account information and for all activity including any and all Transactions that occur within their Account.
9.3 Account Holders agree to provide Mr Merkle with accurate, current and complete information as stipulated by our identification section. We reserve the right to freeze accounts that delay or refuse to provide this information.
9.4 The account holder is solely responsible for any loss of coins resulting from an Account Holder not being able to access their personal wallet and/or address provided to Mr Merkle.
9.5 The validity of address(es) provided to Mr Merkle for sending (or returning) coins to the Account Holder is the sole responsibility of the Account Holder.
9.6 Account holders agree and acknowledge that the price of the coin is dependent upon the price that Mr Merkle pays or receives by initiating the buy and sell transactions on the exchange. Effects on price include but are not limited to volatile market conditions, exchange trading API delays that can affect the trading price, both positive and negative. Mr Merkle holds no responsibility for these effects.
9.7 Account Holders acknowledge and agree that any payment related to transactions may be delayed by the Account holders bank. Mr Merkle accepts no responsibility for such delays.
9.8 Account Holders acknowledge and agree that sending or returning coins to their Account may take between one (1) hour and forty eight (48) hours, though this may take longer if there are unforeseen issues.
SECTION 10 - SERVICES
10.1 The Services we provide are currently unregulated in Australia. However, it is our policy to comply with applicable Anti Money Laundering (AML) laws and regulations. Accordingly, the Company has implemented an Anti-Money Laundering and an Identity Verification Policy: AML Policy.
10.2 Mr Merkle does not provide investment advice. In order to facilitate our service, we may provide factual information on the price, range, volatility, historical data of digital currencies and events that have affected the price of these currencies.
10.3 Any article or content on the site is for information only. Users are advised to seek independent investment and financial advice. It is not intended as investment advice and it is agreed that it is not considered as such. Any decision to sell or purchase digital currency is the Account Holder’s decision and the Account Holder acknowledges that they are making this decision independently of Mr Merkle or any agent of Mr Merkle and Mr Merkle will not be liable for any loss suffered.
10.4 We reserve the right to deactivate unconfirmed Accounts or Accounts that have been inactive for a period of 6 months or more, and/or to modify or discontinue our Site or Services. Account Holders agree that Mr Merkle will not be liable to them or to any third party for termination of their Account or access to the Site. Notice of deactivation or cancellation of services will be provided in writing to the primary account holder.
SECTION 11 - APPOINTMENT AS AGENT
11.1 By using the site, you appoint us as your agent for the purpose of acquiring coins for you. You do this by creating an order on our platform.
11.2 By placing an order, you are directing us to acquire coins for you. You understand that though the actual number may fluctuate, you are directing us to place an order and fulfill it at the rate acquirable at the time the order is placed.
- On your behalf; and
- At the best price that we can obtain through the coin providers we hold accounts with. (If the price we receive from our providers is different from the Estimate, you agree to bear the difference.
11.3 The Estimate we provide to you is based on the average price across the exchanges we have accounts with. It takes into account any fluctuations, fees, exchange rates and the purchase of any fiat currencies in order to access these exchanges.
11.4 We are limited in authority as your agent to purchase and sell coins on your behalf as defined by the terms of the Order.
11.5 Mr Merkle determines where to purchase any currency and has full discretion on how it facilitates this order.
11.6 Mr Merkle is not an agent, nor do we act for any exchange or wholesale seller of coins. Nor do we accept any commission or remuneration from any exchange or wholesaler.
11.7 When an Account Holder places a Sell order, the price for the transaction will be updated with the actual sell price of the exchange at the time of receiving your currency. In most cases, this is almost immediately but it can take longer.
SECTION 12 - BUYING/SELLING COINS
12.1 Once you place an order, we confirm the value in AUD. The total of any order includes the value of coins purchased and includes our commission. (Refer to section 3 for details of the commission).
12.2 When we confirm the amount of coins in the order details, this is an estimate only. The coins that you will receive depends on the cost of the currency at the time your order is fulfilled.
12.3 In order to complete the order, you must pay the AUD amount for the order by Poli Payments.
12.4 Upon confirmation of payment by Polipay, we will process the order that you have paid for. As soon as possible, we will facilitate the fulfillment of the purchase of your coins. This will be done by using one of the coin providers with which we hold accounts.
12.5 The exact amount of coins that you receive in an order may vary. This variation from the Estimate can be due to many reasons, including but not limited to fluctuations of rates on the exchanges. You agree to and acknowledge that the risk of a variation greater or lesser in coins is born by you.
12.6 Upon receipt of the coins, we will transfer them to your wallet at your request. Otherwise, we may hold the coins in wallets registered to us in order to limit gas fees (Transfer fees which occur when using the Blockchain). If you have verified your identity with us, you can send currency from your Mr Merkle account to a public coin address anytime you wish.
SECTION 13 - FEES AND COMMISION
13.1 We charge our clients a fee or commission, which is always a fixed percentage of the Australian dollar value of the currency that you order. This fee is automatically added to the price of the coins in your order.
13.2 The commission is currently fixed at 2% of every order. We reserve the right to change the commission at any time, unless, the order has already been placed.
13.3 The commission forms part of the total amount to be paid by you as displayed on the order confirmation page.
13.4 Once the order is completed, we will provide you with a tax invoice which details the amount of the commission.
13.5 Mr Merkle makes no representation or warranty that any currency acquired by our clients is a creditable acquisition for Goods and Services Tax.
13.6 We will not identify the seller or buyer of our currencies.
13.7 Our commission does not include cryptocurrency transfer fees (miners fees).
SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS
14.1 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information provided by our Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
14.2 We undertake no obligation to update, amend or clarify information regarding the Service provided by Mr Merkle or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 - PROHIBITED USES
15.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
16.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
16.2 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
16.3 You expressly agree that your use of, or inability to use, the service is at your sole risk.
16.4 In no case shall Mr Merkle, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 - INDEMNIFICATION
17.1 You agree to indemnify, defend and hold harmless Mr Merkle and subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 - SEVERABILITY
18.1 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
18.2 In any jurisdiction that does not allow a limitation or exclusion or limitation of liability, but does allow for a limitation of liability to a certain extent, then Mr Merkle’s liability is limited to that extent.
18.3 If the legal system of the user's country invalidates any of these Terms under any law, the provision will be limited, construed, narrowed or altered as required to render it valid. This is only to the extent required to achieve validity and no further.
18.4 If absolutely required, the invalid provision will be excised or deleted from these Terms in part or in whole. The remaining provisions will remain in full force and effect.
SECTION 19 - TERMINATION
19.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
19.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us in writing that you no longer wish to use our Services, or when you cease using our site.
19.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 - NO WAIVER
20.1 A failure by Mr Merkle to act upon a breach by you or any third party, does not waive the right by us to act upon that or any subsequent or similar breaches. Any breach may be acted upon retrospectively, with no limitation as to time.
SECTION 21 - ASSIGNMENT
21.1 Mr Merkle reserves the right to assign these Terms in whole or in part to any business entity or person.
21.2 You agree to not delegate your rights or obligation under these Terms without our prior written authority and consent.
SECTION 22 - ENTIRE AGREEMENT
22.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
22.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
22.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23 - GOVERNING LAW
23.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia.
SECTION 24 - CHANGES TO TERMS OF SERVICE
24.1 You can review the most current version of the Terms of Service at any time at this page.
24.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
25.1Questions about the Terms of Service should be sent to: [email protected].