top of page

Coincurrent Terms and Conditions

 

Introduction

These Coincurrent Terms and Conditions (Terms) are current as at 1 September 2021.

 

What are in these Terms?

These Terms govern our products and services and your use, obligations and responsibilities pursuant to your Coincurrent subscription.

 

Terms apply

By becoming a member of Coincurrent, you have read, understood and agree to be bound by these Terms (as updated from time to time) and any other Terms as referenced below.

 

Products and services offered for members (including trial members)

 

Products and services included in your Coincurrent subscription (hereafter called Coincurrent in these Terms) include, but are not limited to the Coincurrent member website (www.coincurrent.com) and associated tools or services.

 

Applicability

These Terms apply to you from the published date, whether you are a new or existing member (including a trial member) and whether you are viewing Coincurrent on your own behalf, or on behalf of another person (such as your employer).

 

Who we are

Coincurrent is provided by Coincurrent Pty Ltd, (“Coincurrent”, “we” or “us”) ABN 84 651 496 178.

 

Our own disclosure

Coincurrent and its employees or associates may hold interests in cryptocurrencies referred to on this website.

 

General information only

Any information that Coincurrent provides you is general in nature and does not take into account your personal circumstances. You should therefore consider its appropriateness in light of your own objectives, your own financial situation and your own needs before acting on it.

 

Before making any decisions in relation to cryptocurrency, you should consider obtaining personal financial, legal and taxation advice.

 

Do not make decisions based only on information from Coincurrent.

 

Grant of licence

Coincurrent hereby grants you a limited, non-exclusive, non-transferable licence subject to the Terms included to use the products and services offered by Coincurrent.

Licence is not transferable

You may not temporarily or permanently transfer or sub-license your rights to use Coincurrent under the Terms, without the prior written consent from us.

 

Membership

These Terms apply to all Coincurrent members, being:

  • Private investor members
    This licence entitles you to use Coincurrent only for private purposes. You must not share your Coincurrent membership details (such as username and password), or provide Coincurrent reports or information to anyone else, or allow others to obtain them through your membership.

  • Trial members
    We may offer a trial membership to a prospective member (private investor or corporate) for such period, on such additional terms, and at such cost (if any), that we determine from time to time.

 

Any material or information you obtain from Coincurrent (including by download) during your trial in breach of these Terms remains our property and you agree to provide all, and any necessary information to allow us to recover our property and reimburse us for the reasonable cost of doing so.


A limit applies of one trial subscription per year and no more than two trial subscriptions per lifetime.  If you (or another person on your behalf) tries to exceed this limit, we can deny you access to the whole or any part of Coincurrent without notice.

 

Membership Period

Your membership commences:

  • if you are paying via a single amount – when we receive payment of the fee for your selected membership period (when your credit card is processed and approved, your cheque is received and cleared, or your electronic funds are cleared in our bank account);

  • if you are paying by instalment – on the first drawing from your account;

  • if there is no fee (e.g. for a trial membership) – the date notified to you;

  • if you are renewing your membership – your further period of membership commences from the end of the previous period, or when we receive your renewal payment, whichever is later.

 

Trial members – The membership period for a trial membership is the period of the trial membership as stated in the particular offer. You cannot renew a trial membership.
 

Private investor members – Membership and renewals for private investor members are for the period you select from those we offer. Your membership will be for the selected period or until terminated earlier (see the “Cancellation and Termination” section below).
 

For all members – At the end of the licence period (including any extensions), private and corporate members if requested, must certify in writing that they have destroyed any software or information that they have received as part of the subscription that may have recorded on any memory system or any other medium. Any such termination shall be without prejudice to the accrued rights of the parties.

 

Confidentiality of login details

To use Coincurrent, you need a valid username and password. You agree to:

  • treat these as confidential

  • not disclose them to anyone

  • take reasonable measures to prevent your username and password being used for unauthorised access to Coincurrent.

 

Unless you notify us that the confidentiality of your password has been compromised, we will construe all activity on Coincurrent using your password as being for, and on your behalf. You are responsible for all actions of others using your password.

 

Availability of Coincurrent

We will endeavour to make Coincurrent available 24 hours a day, 7 days a week, except for:

  • planned downtime (of which, to the extent practicable, we will provide 8 hours electronic notice if the downtime is estimated to be over 2 hours). Planned downtime is normally undertaken on weekday mornings.

  • things outside our control, such as an interruption to internet services to you, to us, or to another entity through which Coincurrent is administered, accessed or hosted, an Act of God, flood, fire, earthquake, civil unrest, Act of Terror, a fault in or delay by another telecommunications network that Coincurrent is connected to, a strike, or other labour problem (other than one involving our employees), or cyber-attacks such as a denial of service attack.

 

Permitted uses of Coincurrent

As a private investor Coincurrent member, you may:

  • browse Coincurrent and view the information on it for private, non-commercial use only and

  • print pages from Coincurrent to the extent reasonably necessary for your private use in accordance with these Terms.

 

But you must not, and will not allow or cause a third party to:

  • systematically copy (by printing onto paper, storing on disk, screen capture, or in any other way) or download substantial parts of Coincurrent

  • remove, decompile, change, reverse engineer, obscure, disassemble or manipulate in any way anything on or from Coincurrent

  • use all or any part of Coincurrent to develop a product or service that is similar to Coincurrent, or assist another person to do so

  • otherwise use anything on or from Coincurrent except as set out in these Terms

  • reproduce, retransmit, disseminate, sell, publish or broadcast anything from Coincurrent

  • use Coincurrent or anything available from Coincurrent in connection with creating, promoting, trading, or marketing products without our prior written consent

  • use Coincurrent, or anything from Coincurrent for unlawful purposes

  • breach any applicable law

  • either temporarily or permanently transfer, assign, or transfer your rights to use Coincurrent without our prior written consent

  • interfere with, or disrupt other users of Coincurrent, or any of our services or equipment (including by way of viruses)

  • use Coincurrent in any service bureau arrangement (unless you hold a Corporate licence) and/or

  • do any act which infringes the copyright in Coincurrent

 

For corporate members, further conditions are contained in their Corporate Agreement.


A breach of these Terms may result in your membership being immediately cancelled and you being permanently blocked from using Coincurrent.

 

Payment

Membership fees are paid on a monthly instalment. Our current fees and more information about fees and discounts are at www.coincurrent.com and, for corporate members, in the Corporate Agreement.

Membership fee – For membership, you must pay us the agreed fee prior to Coincurrent granting you account access.

 

Automatic Renewal – We will automatically debit your nominated payment method at the end of your membership period. Trial membership cannot be renewed.

 

Free period – You may receive a Coincurrent membership for a free period, for example, as part of a trial membership (see above). You are bound by these Terms during any free membership period.

 

You can pay your fees on a monthly basis if you are a private investor member. For monthly payments:

  • We will periodically debit your fee from your nominated account.

  • The first drawing from your account will be on processing of your Coincurrent registration form.

  • Subsequent amounts will be debited from your account on or about the same date each month.

  • If any drawing falls due on a non-business day (in Sydney), it will be debited from your account on the next business day.

  • We will give you at least 14 days’ notice by email or post if there are any changes to these arrangements.

  • To discuss any changes, you can contact our Customer Services Team by emailing support@coincurrent.com.

 

Your obligations

It is your responsibility to ensure that:

  • your nominated account can accept direct debits (your financial institution can confirm this)

  • there are sufficient cleared funds in the nominated account on the drawing dates

  • you advise us if the nominated account is transferred or closed

  • you advise us if your credit card is discontinued or has expired (if applicable).

 

If your drawing is returned or dishonoured by your financial institution, we will re-draw after 3 days. If this has the same result, we will contact you (by phone, email, or letter) to discuss payment options. Any transaction fees payable by us in respect of a payment that is returned or dishonoured will be deducted from your nominated account or invoiced to you. Failure to pay membership and transaction fees will result in termination of your Coincurrent membership and/or us deciding to cancel the instalment arrangement, with payment for the full membership period immediately falling due.

 

Your rights

To make changes to your nominated account, contact our Customer Services Team by emailing support@coincurrent.com.

 

All changes to the drawing arrangements should be made at least 5 business days before the next scheduled drawing date.

  • If you believe that a drawing has been initiated incorrectly, please immediately contact our Customer Services Team by emailing support@coincurrent.com.

  • We will refund a drawn amount if we cannot substantiate the reason for the drawing.

  • We can decline your instalment application at any time.

 

Cancellation and Termination

If you are not satisfied, you can terminate your membership at any time (except if you are a trial member). You will retain account access for the remainder of your unused membership period. 

 

Corporate members normally cannot terminate their membership (as stated above) and if they do so there will be no reimbursement of any monies pursuant to their agreement.

 

Termination by us

If you breach any of these Terms, we can terminate your membership immediately by notice in writing (including email) and withdraw your access to Coincurrent. On receipt of such notice, we can require you to immediately provide us with written confirmation that you have not retained any copies of information derived from Coincurrent.

 

Coincurrent rights

You acknowledge that the rights to the intellectual property (IP) provided via your licence are the sole and exclusive property of Coincurrent. By accepting these Terms, you do not become the owner of the IP, but you do have the right to use the IP in accordance with these Terms. You agree to use your best efforts and to take all reasonable steps to protect the IP from unauthorised use, illegal reproduction, or illicit distribution.

 

Liability

Subject to your statutory rights, you agree that, in deciding to become or remain a Coincurrent member, you have not relied in any way on our representations, descriptions, illustrations, specifications, skill or judgment and that you have satisfied yourself as to the condition and suitability of Coincurrent (and its software) for you. 

 

Coincurrent and the officers, employees and agents give no guarantee, warranty, undertaking or representation in relation to the condition, accuracy, suitability, quality of or title to Coincurrent (including any data contained in or supplied in relation to it, or reports generated, or produced by, or with the aid of it). All implied guarantees, warranties and liabilities (including liability as to negligence) in relation to same are negated and excluded. This disclaimer does not exclude any liability, warranties implied, or rights conferred, by law that may not be lawfully excluded.

 

Except as provided by consumer protection law, Coincurrent specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to, or use of any stock selection or portfolio management strategies/tools.

 

Except as provided by consumer protection law, under no circumstances will Coincurrent be liable for any loss or damage caused by a client’s use or access to any cryptocurrency selection or portfolio management strategies/tools.

 

Subject to any statutory rights you might have, you agree that Coincurrent is not liable for any loss or damage, including consequential loss or damage, that in any way results from your use or non-use of Coincurrent (including as a result of any malfunction, breakdown, error or virus in Coincurrent), or as a result of, or in connection with, the provision or non-provision of services under these Terms.

 

Subject to any contrary statutory provisions, you agree to indemnify us and keep us indemnified against: (a) all and any demands, claims, actions and proceedings whatsoever and howsoever arising made by any third person in connection with or arising out of your use of Coincurrent; and (b) all and any losses, costs, expenses and damages whatsoever and howsoever incurred by Coincurrent in connection with, or arising out of a breach by you of any provision of this document.

 

Nothing in these Terms excludes, restricts, or modifies any condition, warranty, guarantee, right or remedy conferred on you by statute that we are not lawfully able to exclude, restrict or modify. If we breach a non-excludable condition, guarantee or warranty imposed by statute, our liability for breach will be limited, to the extent lawfully permissible, to: (a) for the supply of goods – the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent materials, or the payment of the cost of having the goods repaired; (b) for the provision of services – supplying the services again, or paying the cost of having the services supplied again; whichever we see fit to provide.


 

Third party data providers – liability, copyright and disclaimers

Coincurrent contains information supplied by us and third parties, which is protected by copyright and made available under licence. Any unauthorised reproduction of this information is prohibited. These Terms do not pass on any intellectual property or other ownership rights in Coincurrent
 

Neither Coincurrent, nor any third-party provider is liable to you for:

  • failure relating to the supply (or lack of supply) of data by a third-party provider,

  • failure in the operation of the Coincurrent where that failure arises as a result of any non-supply of the necessary data from a third-party provider, and

  • any loss suffered by any person (whether arising from negligence or otherwise) for any errors or omissions in, delay or interruption to, or for the use of or results obtained from, data supplied by a third-party data provider.

 

Governing law and enforceability

These Terms are governed by, and interpreted in accordance with, the laws of New South Wales, Australia. Any Term found to be unenforceable will be deleted but will not affect the remaining Terms.

 

Entire agreement

Subject to the terms of any Corporate Agreement (for corporate members), these Terms constitute the entire agreement between you and us and apply:

  • for your own use, if you are a private investor member, and

  • for you, your company and that company’s employees, for corporate memberships.

 

Privacy policy

We are committed to preserving and respecting your privacy and complying with the Privacy Act 1988. We maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your personal information.

We can disclose personal information to our service providers in accordance with our privacy policy. For example, if you are paying by instalments, information will be given to our financial institution in order to initiate the drawing to your nominated account and information may be given to a Credit Reporting Agency if payments are overdue by more than 60 days. For full details about our privacy practices and your rights, see our ‘Privacy Policy and Collection Notice’. By accessing and using Coincurrent, you acknowledge you have obtained and read the 

 

Privacy policy and collection notice.

We can change information provided on or by Coincurrent, including these Terms, at any time without notice by publishing updated Terms on the Coincurrent section of the website. By accessing and using Coincurrent, you agree to regularly review these Terms for changes. When renewing your membership or you transfer from being a trial member to a full member, you will be asked to acknowledge these terms and conditions so that you are aware of any changes.

 

Dispute resolution

If you would like to seek access to personal information we hold about you, or if you have any questions or complaints about how we collect, use, disclose, manage or store your personal information, you can contact us via following ways:

 

Postal Address:

Privacy Officer

GPO Box 267

Sydney, NSW 2001

Australia

​

Email: support@coincurrent.com

 

If you make a complaint, we will take reasonable steps to investigate the complaint and respond to you within a reasonable time. If you are not happy with our response, you may complain directly to the Office of the Australian Information Commissioner at www.oaic.gov.au. 

 

For more information about privacy in general, or if you are dissatisfied with our response to your complaint, you can contact the Office of the Australian Information Commissioner at www.oaic.gov.au.

 

Enquiries

If you have any queries, please email Coincurrent at support@coincurrent.com.
 

TERMS AND CONDITIONS

bottom of page