6.Focus Tech Group’s Services shall be subject to pursuant to any such binding documents by and between Us and You, and by and between any relevant financial institution and/or authority and You, as will be executed from time to time. Focus Tech Group makes no representations or warranties as to whether the relevant financial institutions will accept and approve You as their customer.
8.The Services provided by Focus Tech Group are limited to the jurisdiction of Australia.
a)‘Account’ shall mean a personal account opened by You via the Website in the connection with the use of the Services.
b)‘Illegal Actions’ shall mean illegal, unlawful, fraudulent or other improper activities (including, but not limited to, (I) collusion between Users, (ii) sale, transfer and/or acquiring Accounts from other Users, (iii) breaking into the Website and/or Services or attempting to do the same.
c)‘Restricted Territories’ shall mean jurisdictions blocked by Focus Tech Group at its sole discretion, from time to time.
d)’User’, ‘You’ or ‘Your’ shall mean any individual who opens an Account with Focus Tech Group and uses the Website and/or Services.
e)‘We’, ‘Our’ or ‘Us’ shall mean Focus Tech Group, and/or of Focus Tech Group’s affiliated or associated companies, officers, directors, shareholders and employees.
f)‘Website’ shall mean http://www.paywithinfinite.com and/or any website owned, operated or hosted by Focus Tech Group, and any software or content that is used to access such website in order to use the Services.
10.The Services are available to and may only be used by individuals or companies who can form legally binding contracts under the law of Australia.
11.The trading of digital currency involves significant risks and the losses can be substantial. You should carefully consider and assess whether trading or holding of digital currency is suitable for you depending on Your financial circumstances and tolerance to risks.
12.Without derogating from the above provision, We shall not be responsible for verifying and/or checking whether You possess such sufficient knowledge and/or experience to use Our Website and/or Services, nor shall We be responsible for any damage and/or loss incurred by Your use to and/or related to the Website and/or the Services.
13.Without limiting the foregoing, Our Services are not available where they are illegal to use and We reserve the right to refuse and/or cancel Services to anyone at Our own discretion. You represent, warrant and agree to ensure that Your use of the Services will comply with all applicable laws, statues and regulations in Australia.
14.The availability of the Services shall not be deemed or interpreted as an invitation by Us to use the Services, if You reside in a place in which such use is currently forbidden by law (including without limitation any Restricted Territories), or where We, in Our sole discretion, elect not to offer Services. We do not intend to enable You to contravene applicable law. We make no representations or warranties, expressed or implied, concerning the legality of the Services and/or the lawfulness of any person’s participation in any activity through the Website and/or Services.
15.Due to the significant risks of trading digital currency as well as the impact of technology and the international market, We cannot warrant or guarantee that particular digital currency will be available on our Website and Services. We reserve the right to stop offering trades in relation to particular digital currency on Our Website and Services. We will use Our reasonable endeavours to notify You if we cease to support trading in particular digital currency.
16.You warrant to us that you will not:
(a)Engage in any restricted or criminal activities, including but not limited to terrorism financing, money laundering and illegal gambling;
(b)Knowingly or recklessly provide Us with inaccurate or incomplete information through the Website;
(c)Use Focus Tech Group’s Website and Services for the purpose of obtaining, processing, distributing, viewing, assessing, analysing, copying or replicating any information, methods or processes related to the Website (including without limitation by way of data scraping, the use of collection or accumulation tools and robotic or scripted responses);
(d)Reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Website’s source code, formulas or processes;
(e)Interfere with the security of the Website or the safe use of the Website by others (including without limitation by way of distributing viruses, corrupted files or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Website or its users);
(f)Use this Website for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us);
(g)Knowingly or recklessly use and/or take advantage of a technical or technological error, loophole or glitch on Focus Tech Group’s Website and Services;
(h)Use the Website or the information contained in it for commercial purposes which are competitive to the Website or our business or which would otherwise be detrimental or prejudicial to our interests in any way;
(i)Use systematic, repetitive or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Website or which may otherwise place an unreasonable load on the infrastructure of the Website;
(j)Publish, post, distribute, disseminate or send ‘spam material’ or engage in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive);
(k)Collect or store personal data about other users of the Website; or
(l)Do anything else which may interfere with or negatively affect the operation of our Website, Services or others users.
18.By opening an Account, You hereby represent, warrant, acknowledge and undertake, towards Focus Tech Group, that: (i) Your Account is for Your personal use only and not on behalf of any third party;
(ii) You are an individual or company who can form legally binding contracts under the law applicable to Your country of residence, and You are at least 18 years old at the age of legal consent as set by the law applying in the territory You are located in - whichever is higher;
(iii) if You are registering as or for you a business entity, You hereby declare that You have the authority to bind that entity this Agreement;
(iv) it is Your responsibility to read and comprehend the Services’ rules and procedures and You fully understand these rules and procedures;
(v) You will cooperate with Focus Tech Group and provide it with all requested documentation in a full, complete and truthful manner;
(vi) You have verified and determined that Your use of the Services does not violate any laws or regulations of any jurisdiction that applies to You;
(vii) You will use the Website and/or Services in good faith towards Focus Tech Group and others using the Website and/or Services;
(viii) Focus Tech Group may at its sole discretion, open, maintain and/or close Your Account;
(ix) You shall be solely responsible for maintaining the confidentially of your Account, and for any and all actions taken in connection with Your Account by anyone who enters Your Account while using Your Account, and for any and all actions taken in connection with Your Account by anyone who enters Your Account while using Your Account, and all such actions shall be deemed as actions taken by You;
(x) You will immediately inform Focus Tech Group of any suspected unauthorized use of Your Account;
(a) Your access to or use of the Website and/or Services, or
(c) Your breach of any applicable laws or regulations, or
(d) unauthorized use of the Website and/or Services by any third party using Your Account.
19.Your further represent, warrant, acknowledge and undertake, towards Focus Tech Group, that
(i) You will not use Your Account and will not allow any third party to use Your Account for any Illegal Actions;
(ii) in case You will perform any Illegal Action Focus Tech Group shall be entitled to disclose any and all of Your Account details and information to the relevant authorities, and to suspend and/or cancel Your Account;
(iii) You shall be solely responsible for all losses, liabilities and damages incurred as a result of any Illegal Action performed by You and You shall indemnify Focus Tech Group for any such losses, damages, and liabilities; and
(iv) You have not had an Account in the past which was terminated or suspended by Focus Tech Group.
20.You may not damages, disable, overburden or impair the Website and/or Services. You may not:
(i) upload any content to the Website and/or Services that is libelous, defamatory, offensive threatening, abusive, hateful, objectionable, harassing, sexually explicit, obscene, illegal, or that infringes or violates any intellectual property rights of any person or otherwise violates the law;
(ii) use any automated means to access or use the Website and/or Services or copy or scrape data from the Website and/or Services;
(iii) bypass any measure Focus Tech Group may use to prevent or restrict access to the Website or any of the Services;
(iv) fraudulently manipulate the Website and/or Services in any way. For avoidance of doubt, You shall be responsible and bound by any unauthorized use of the Website and/or Services, made in breach of this section.
21.By using Our Website and Services, you acknowledge that We are not responsible for any delays You may experience in sending and transferring digital currency to and/or from Our Website to other Websites, websites, users or wallets. These delays may be due to issues beyond Our control, including issues with third party websites and Websites.
VI.Powers and Authorities of Focus Tech Group
22.Focus Tech Group shall make reasonable efforts to prevent malfunctioning in the Website and/or Services activity. However, in any event of a technical failure (or any other error) in the Website and/or Services systems for any reason whatsoever, Focus Tech Group will be entitled to cancel Your participation in any of the Services, concerning which the malfunctioning has occurred. Focus Tech Group shall not be held liable for any and all failures and errors, including but not limited to, technical failures, malfunction, viruses, bugs, errors, tampering or unauthorized intervention, fraud or any causes which are beyond the control of Focus Tech Group etc., which You encounter in connection with the Website or the Services.
23.Focus Tech Group reserves the right to cancel, terminate, modify or suspend the Services if for any reason, the Services cannot be conducted as planned, including, but not limited to, infection by computer virus, bugs, tampering or unauthorized intervention, fraud, technical failures or any other causes beyond the control of Focus Tech Group; Focus Tech Group is entitled to take any action it, at its sole discretion, decides to take in order to counter any such circumstances.
24.Focus Tech Group reserves the right to limit, refuse or cancel any act by You or through Your Account (regardless of whether such cancellation was due to actions on Your part or of any third party), where Focus Tech Group believes that any act of fraud or any other act of bad faith has been taken against Focus Tech Group or any third party.
25.Focus Tech Group shall be entitled, at its sole discretion, to amend, modify, or discontinue, from time to time, any of the Services and/or introduce new Services. Focus Tech Group shall not be liable for any loss suffered by You resulting from any changes made and You shall have no claims against Focus Tech Group in such regard.
26.Focus Tech Group reserves the right, but is under no duty and/or obligation, to monitor any content uploaded to the Website by You and./or any third party. Focus Tech Group, at its sole discretion, may remove any such content.
27.Focus Tech Group may hold your funds, assets or digital currencies on different exchange Websites.
28.By using Our Website and/or Services you agree to provide us with current, accurate and complete information, including any personal information, and agree to keep such information up to date.
29.Focus Tech Group may provide your personal information or any other information such as your IP address or when your account was last accessed if requested by law enforcement agency or government agency.
30.By creating an account with Us, you authorise Us to make enquiries to verify your identity either directly or through third parties, in order to protect Our Website and Services and other users against fraud. The verification of your identity and on-boarding of your account may take up to ten (10) business days to complete. You represent and warrant that the information you provide to us through our Website is correct and up-to-date.
31.You are aware that the Website or Services could contain links provided by third parties which could link directly or indirectly to, inter alias, third party websites and/or advertisements and/or Services, none of which are affiliated with Focus Tech Group in any way. You acknowledge that Focus Tech Group shall not assume any responsibility with respect to any third party and/or third party post and/or links and/or advertisements of any sort on the Website or the Services. Should any of Your actions or decisions be with regard to a third party, including but not limited to, Your decision to access any third party link, You understand that Your decisions are at Your own risk and that Focus Tech Group will not bear any liability with regard to any of Your actions.
32.We make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products and Services contained and/or offered on the Website and/or the Services for any purpose. All information, software, products and Services are provided ‘as is’ without warranty of any kind. We hereby disclaim all warranties with respect to information, software and Services contained or offered on the Website and/or Services, whether express or implied.
33.In any event, We shall have no liability with respect to any damage or loss that was caused due to reliance, of any type, on the information or any other publication or content appearing on the Website and/or Services, and You and anyone using the Website and/or Services are invited to verify the information published on the Website and/or Services.
34.In no event shall Focus Tech Group or any of its affiliated or associated companies, officers, directors, shareholders and employees be liable to You for any damages whatsoever, including without limitation indirect, incidental, special, punitive, or consequential damages, arising out of or incurred by You or any third party, whether in action for contract, tort or any other legal theory, in connection with Your access to, or use of, the Website, the Services or otherwise regardless of whether the damages are foreseeable and whether Focus Tech Group had been advised of the possibility of such damages.
35.Focus Tech Group shall not be responsible or hold any liability for any actions or omissions of internet service providers or any other third party which provides You with access to the Website or Services. You undertake not to hold Focus Tech Group liable for any of Your actions or the actions of anyone associated with You.
36.You will use the Website and Services at Your own risk, Focus Tech Group shall not be responsible for any damage or loss You shall incur as a result of modifications, enhancement, termination, suspension or discontinuation of the Website or any of the Services. Focus Tech Group will not be responsible for any damage or loss You shall incur as a result of Your use or reliance on the content of any website or application to which links appear on the Website and/or Services.
37.It is hereby agreed that any claim and/or cause of action pertaining to the Services and/or the Website must be filed by You or any other third party within one(1) year after such claim and/or cause of action arouse or be forever barred.
38.The Website and/or Services content used in connection therewith are provided ‘as is’, and Focus Tech Group makes no warranty or representation, whether express or implied (whether by law, statute, or otherwise), including but not limited to implied warranties and conditions of merchant-ability, satisfactory quality, fitness for a particular purpose, completeness or accuracy, non infringement of third parties’ rights or of applicable laws and regulations, or that the Website and/or Services content used in connection therewith will be uninterrupted, timely, secure, or error-free, or that defects will be corrected, or will be free of viruses or bugs or as to results or the accuracy of any information through the Website and/or Services.
39.We do not provide any warranty in relation to Your use of Focus Tech Group’s Website and Services and we do not provide any warranty that the information displayed on our Website and in relation to the Services is up-to-date, accurate or complete. Focus Tech Group’s Website and Services do not provide information to evaluate whether or not you should invest, use and trade in Coins. We give no warranties, guarantees or accept any liability (except that which cannot be excluded by law) in relation to the statements, representations and information of others (including without limitation data, reports and analyses) displayed on our Platform and in relation to the Services.
40.You should independently satisfy yourself as to the information provided through Focus Tech Group’s Platform and Services. You agree to use Focus Tech Group’s Platform and Services at your sole risk and at an “as is” basis.
41.We may suspend, limit, restrict, deactivate or terminate Your access to Our Website and Services, including Your account with us, if:
(a)You gain or attempt to gain unauthorized access to the Website or another Focus Tech Group member’s account;
(b)There is a technical or operational difficulty;
(c)You use Our Website in order to perform illegal or criminal activities;
(d)Your use of Our Website is subject to any pending investigation, litigation or government proceeding;
(e)You fail to pay or fraudulently pay for any transactions;
(f)We are unable to support your use;
(h)We receive a request from a law enforcement or government agency to do so.
42.You may cancel Your account at any time, following the settlement of any pending transaction or trades.
44.You may not use any data and/or content and/or any part whatsoever of the Website and/or Services in order to build a product or service or anything in that matter which might compete with and/or competes with the Website and/or the Services to provide services to any third parties, except with the express permission in writing by Focus Tech Group. In this respect You recognize and acknowledge that this shall constitute as a breach of agreement and shall entitle Focus Tech Group to terminate this agreement effective immediately without any prior warning.
45.You may contact Us in connection with anything related to the Website and/or the Services at any time via Our customer support or via Email at firstname.lastname@example.org.
46.Any communication with Our customer support will be handled with the utmost care and without any delay. For such purpose, We will contact You via the contact details provided to Us, and You hereby provide Your consent for such contact.
48.Focus Tech Group may transfer or assign any and all of its rights and obligations here-under to any third party; without derogating from the above, the Website and/or any of the Services may be operated by third parties. You may not transfer assign or pledge in any manner whatsoever any of Your rights or obligations under this Agreement.
51.We may provide You with notices with respect to or in connection with this document in an Email and/or through the Website and/or Services.
52.No failure or delay on Our part in exercising any right, power or remedy thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.