Last updated September 2023
1. Acceptance of Terms and who we are?

Welcome to Stables. Thank you for choosing us as your platform of choice!

These general terms of use (“Terms”) constitute a legally binding agreement between you and Stables.

The “Stables Group” is powered by a number of companies throughout the world.

These companies include:

Tiiik Pty Ltd (ACN 639 448 490) a company incorporated in Australia and also “Stables Europe” (KRS #0001027447), incorporated in Warsaw, Poland, a member of the European Union (EU), the Stables Group is collectively referred to as “Stables”, “Tiiik”, “we”, “us” and “our” in these Terms of Use, our App and on our websites.

Stables operate certain websites including this website, mobile applications and other applications, collectively referred to as the “Stables Platform” or “Platform”.

The Stables Platform provides access to the services offered by Stables and/or its subsidiaries and affiliates. These websites will be updated to reflect the different product offerings available to users.

Tiiik Pty Ltd is a Digital Currency Exchange provider ("DCE provider") registered with the Australian Transaction Reports and Analysis Centre (“AUSTRAC”) - DCE100780083-001 and remittance provider IND100780083-001.

Stables Europe has a Virtual Asset Service Provider (”VASP”) license.

Stables is a technology company, not a bank or fund manager or credit provider and your deposits are not guaranteed by the Australian Federal Government Financial Claims Scheme (”FCS”) or any other scheme.

Stables does not hold an Australian Financial Services Licence (”AFSL”) but leverages relationships with Third Party Providers where required.

These Terms apply to any person that registers and / or holds an Account with Stables through the App (the “App”).

These Terms of Use govern your use of the Platform and the exchange, access services provided to you through the Platform (“Services”) in relation to coins, tokens, crypto, digital currency, or digital assets of the like (collectively, called (“digital assets” or “cryptocurrency”).

By accessing or using the Platform / App you agree to be bound by these Terms. You should immediately cease using the Platform / App if you do not agree to these Terms.

By clicking "I Agree" or downloading our App, registering and creating an account or accessing or using any part of the Platform or App or Services, you agree to be bound by the Terms and our Privacy Policy.

Please read these Terms and the Risk Warnings / Disclosures carefully and obtain appropriate independent legal, financial and taxation advice before using the Platform or App or Services.

Note: Australian customers wishing to obtain access to the Stables card product, will also need to agree to the Card Terms & Conditions, Product Disclosure Statement (PDS) and Financial Services Guide (FSG).

2. Disclaimer

Information contained in the App, Platform and on the website is general in nature as it has been prepared without taking into account your personal objectives, financial situation or needs.

You should carefully read and consider these Terms, the Risk Warnings / Disclosures and information available on the website and App, and obtain appropriate independent financial, taxation and legal advice, before registering an account or making a decision based on information contained on the website and the Platform / App.

3. Amendment of terms

We may amend the Terms from time to time. We will provide you with reasonable notice of any amendments to the Terms that we consider likely to materially affect your rights and obligations. Such notice will be sent by email or in the Platform / App to the address associated with your Account (see Section 14, Electronic Communications). If you are not happy with any amendments or changes to our Terms, you can withdraw and leave at any time subject to these Terms (see Section 12, Withdrawal).

4. Our products and services

4.1. You can open and maintain a Stables account through the App (“Account”).

Australia:

For Australian customers, our App allows you to deposit Australian Dollars (“AUD”) into your Account via an external third party relationship with an ADI (“Authorised Deposit-taking Institution'') and Stablecoins, such as USDC (or other agreed digital asset) directly to the Platform / App or via one of our Third Party Providers.

Stables is currently exploring enabling other fiat currencies to be deposited in the chosen jurisdiction of the customer.

4.2. You acknowledge and agree that:

For Australian customers, once AUD funds are deposited into your Account, we or one of our Third Party Service Providers, will convert the funds received into Stablecoins, such as USDC or other coins of our choosing.

You can withdraw the available balance in your Account, in accordance with the Terms

(see Section 12, Withdrawal).

4.3. You can also Deposit Stablecoins (or other agreed digital assets) directly to Stables  via the Platform / App. Further instructions are provided on the website and Platform / App.

4.4 Stables may withdraw or amend this product at its sole discretion.

4.5  Stables also intends to offer further payment and spend functionality in the future and these Terms will be updated to reflect that closer to the release of this feature.

Other regions:

4.6 Stables is enabling other stablecoins and fiat currencies to be deposited, withdrawn and sent to customers in countries all over the world.

Stables will use a number of external Third Party Providers to help deliver our solutions and further information can be found in our App and on our website.

5. Eligibility

5.1. In order to open an Account, you must be:

(a) 18 years of age or over and have full capacity to accept the Terms and enter any transaction available through the website /  Platform / App;

(b) hold an Australian bank account (if depositing AUD); and

(c) not currently already be registered on the Platform / App, except where you are acting as an (“Authorised Representative”).

Stables will review this from time to time and update its website accordingly.

Stables is not obliged to accept all account applications and has sole and absolute discretion to accept or reject applications to open accounts. Stables has no responsibility or liability towards any applicant unless and until Stables provides written confirmation that an account has been successfully opened for such an application.

If you are a user outside of Australia and gain access to the Platform / App, it is your responsibility to make sure your use of the Platform / App does not contravene any laws or regulations in the jurisdiction where you reside or are utilising the Platform / App from.

6. Your Obligations

6.1.  By opening an Account, you accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you live or that may be applicable to your use of your Account, including but not limited to, those related to export or import activity, taxes or foreign currency transactions. Depending on your country of residence, you may not be able to use all the functions of the Platform / App. You currently can only transfer AUD funds into your account from an Australian bank account.

6.2.  You also agree and accept that you will not:

(a)  open, or attempt to open, a Stables Account under any name except your own;

(b)  use your Account to carry out transactions on behalf of a third party, whether related or otherwise;

(c) have more than one Account;

(d)  use or access any Account other than your own;

(e)  assist any other person in obtaining unauthorised access to any Account;

(f)  use your Account for or in relation to any illegal activity, any Restricted Activities (see Section 7, Restricted Activities), in violation of any laws, statutes, ordinances or regulations.

6.3.  By opening a Stables Account you accept and agree that Stables may, in its sole discretion, reasonably terminate, suspend or restrict your Account if we reasonably suspect that you may be using the Account in a manner that is inconsistent with the Terms.

6.4.  You may also terminate the Terms applicable to your Account by deactivating your Account at any time. If these Terms are terminated or suspended for any reason:

(a)  you agree to immediately terminate and cease use of the Platform / App and all Services;

(b)  we will endeavour to delete your information and account data stored on our servers; and

(c)  we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Platform / App services, or for deletion of your information or Account data.

6.5 You have an obligation to check the recipient details are correct when using the Send feature and will be responsible for any errors on your part.

7. Restricted activities

7.1.  In connection with your use of the Platform / App and services and by opening an Account, you confirm that you will not participate in Restricted Activities.

7.2.  The following are considered restricted activities in connection to the Platform / App and Services (“Restricted Activities”):

(a) Violation (or assist another in violation) of any applicable law, statute, ordinance or regulation;

(b)  Facilitation, support, or undertaking in criminal activity of any kind, including but not limited to, money laundering, terrorist financing, illegal gambling operations or malicious hacking;

(c)  Providing false, misleading or inaccurate information;

(d)  Participating in abusive activity, including but not limited to:

i) imposing an unreasonable or disproportionately large load on our infrastructure, or otherwise taking any action that may negatively affect the performance of the Platform / App, or our reputation;

ii) attempting to gain unauthorised access to any Account;

iii) transmitting or uploading any material to the website or Platform / App that contains viruses, Trojan horses, worms, or any other harmful programmes; or

iv) Transferring your Account access or rights to your Account to a third-party, unless required by law or with our prior written consent.

(e)  Decompile, disassemble or reverse engineer the Platform / App or website or any of its components or source code, or modify, tamper, create derivative works, or otherwise incorporate the Platform / App or website in other programs or platforms without our prior written consent.

(f) Depositing or withdrawing funds that have been obtained by illegal, money laundering or terrorism financing related activities.

(f) Depositing, withdrawing or sending funds that have been obtained by illegal, money laundering or terrorism financing related activities.

8. Third Party Service Providers

8.1 Stables has arrangements in place with third party service providers (“Third Party Service Providers”) in order to provide the services and features available to you through your Account and the Platform / App.

8.2  Stables relies in whole or partly, on the continued development and support of the product and services provided by Third Party Service Providers. Access to the features and functions of the Platform / App may be made conditional upon you consenting, agreeing and meeting the terms and conditions of such Third Party Service Providers or others and those terms shall govern your use of such services they provide. These may include but are not limited to third party services providers who assist us with our identity verification procedures (see Section 15, Identity Verification).

8.3  There is no assurance or guarantee that the Third Party Service Providers will maintain their support of their products and services, all of which may have a material adverse effect on the features and functions available in the Platform / App.

8.4  The Platform / App may contain links to third party vendors, websites, resources and services (“Third Party Material”) not controlled by us. You acknowledge and agree that Stables is not responsible or liable for (i) availability or accuracy of such Third Party Material, or (ii) the content, products or services on or available from such Third Party Material. You acknowledge and hold sole responsibility for and assume all risk arising from your use of any such Third Party Material.

9. Deposits

9.1.  In order to deposit AUD funds into your Account, the funds must be deposited from an Australian bank account in your name. Deposits from banks that do not provide sufficient details (eg: account owner’s name) in the payment data will either be held by us until you can prove the bank account belongs to you, or funds will be refunded to the BSB and account number which we receive from the initiating bank in the payment file. If your bank sends your deposit from an omnibus/generic BSB and account number, your funds may not be returned directly back into your account. We strongly suggest sending funds from a bank which is part of the New Payments Platform (NPP).

9.2 Stables may also support deposits via alternative methods such as wire transfer or virtual currency transfer in its sole discretion.

9.3.  You acknowledge, and expressly agree that once you deposit funds into your Account, your deposited funds will be exchanged from AUD to Stablecoins. In order to perform this conversion of currency (or exchange), fees may be charged by our Third Party Service Providers and we make take a spread on this exchange. You acknowledge and expressly agree that we will deduct any equivalent fees charged by the Third Party Service Providers or us from your Account balance.

9.4.  Similarly, fees may also be charged when you withdraw any available funds from your Account as a result of converting Stablecoins to AUD.

9.5.  You acknowledge and agree that Stables will convert your Deposited Funds on a standalone basis and the associated fees and exchange rates are specific to your Deposited Funds.9.6. You can also deposit Stablecoins direct to Stables via the Platform / App. Further information of how it works is available on the website.

9.7 By proceeding with a deposit, you are confirming that the source of funds for the transaction have not been obtained by any illegal, money laundering or terrorist financing related activities. If you cannot confirm this, please do not proceed with using our product and services.

10. Interest

No interest or yield will be paid on your balance.

11. Referral Rules

11.1  Referral Rules will be changed from time to time and different promotions will be offered, these will be communicated through the Platform, App and website.

12. Withdrawal and Send

12.1  We will process withdrawals and send requests out of your available funds from your Account in accordance with your instructions and these Terms. You are solely responsible for ensuring that any withdrawal or send instructions provided to Stables are complete and correct and you accept and agree that under no circumstances will we be under any obligation to reverse or amend any withdrawal or send request.

12.2  Where you have deposited AUD funds into your Account from an Australian bank account in your name, you may only generally withdraw the available funds from your Account to the same Australian bank account in your name. The available funds that you can withdraw at any time are the principal amount held in your Account.

12.3  When you complete a withdrawal of available funds from your Account to your bank account, you are exchanging your Stablecoins for AUD through our Third Party Service Providers. Please refer to the website, App and Platform to learn more about the product features.

12.4  Withdrawals to the bank account of any third party are expressly prohibited. You agree not to make, or attempt to make, any deposits or withdrawal of funds from your Account to the bank account of a third party and accept that any such deposit or withdrawal may be refused and/or result in the restriction, suspension or termination of your Account.

12.5  You may only withdraw funds that are available in your Account.

12.6  Stablecoin withdrawals occurs via the Platform or App and Stablecoins can only be withdrawn to a wallet belonging to the user.

12.7 User withdrawal requests will be processed as quickly as possible on a best endeavours basis but these timings may be impacted by external Third Party Providers and market conditions.

12.8 Users can currently only Send stablecoins, not fiat, to other Stables wallets. Send requests must be completed in the Stables App. Further information on “Send” is available in our App and on our website.

12.9 By proceeding with a withdrawal or Send request, you are confirming that the source of funds for the transaction have not been obtained by any illegal, money laundering or terrorist financing related activities. If you cannot confirm this, please do not proceed with using our product and services.

13. Privacy

13.1 Your privacy is important to us. We collect, share and use your customer information in accordance with our Privacy Policy.

13.2  Stables is required to retain certain information and documentation obtained as part of the Identity Verification and enhanced due diligence (“EDD”) procedures. These requirements apply even when you have terminated your relationship with us.

13.3  We reserve the right to keep such information and documentation for the required period and you accept and agree that information and documentation you provide to us may be retained by us, including following the closure of your Account, this is to comply with AML / CTF requirements.

14. Electronic communications

14.1  You accept and agree that:

(a)  any communications, agreements, notices and/or any other documents (together “Communications”) relating to your Account or your use of Platform / App and services will be provided to you electronically by posting them on the website, emailing them to the email address you have provided to us, or through any other form of electronic communication. You consent to receiving all Communications from us electronically;

(b)  you will at all times have available to you the necessary hardware and software to receive, access and retain Communications sent to you electronically, including a device with an internet connection and a valid and accessible email address;

(c)  you assume full responsibility for providing us with a valid and accessible email address to which any Communications may be sent, and for ensuring that email address and any other contact information is kept up to date. Any Communication sent to the email address you have provided to us will be deemed to have been received by you. You can amend your contact information by contacting the Stables team.

14.2  You may at any time withdraw your consent to receiving Communications electronically by contacting the Stables team. You acknowledge that failure to give, or withdrawing, consent to receiving Communications electronically puts the security of your Account at risk

(see Section 16, Account Security)

and that Stables reserves the right to close your Account in the event you fail to give, or withdraw, your consent to the receipt of Communications electronically.

15. Identity verification

15.1  In order to open an Account, your identity must be verified in order to deposit AUD into your Account. Stables implements and maintains high standards of Know Your Customer (“KYC”) processes and controls as part of our commitment to combating fraud and assisting in the prevention of money laundering and terrorist financing. Stables ~~~~utilises world-class Third Party Service Providers to perform these checks.

15.2  To ensure we meet the requirements in the Anti-Money Laundering and Counter- Terrorism Financing Act 2006 (Cth), and any related rules and regulations (collectively, the “AML Laws”), our customers are required to provide certain personal details and documents when opening a Stables Account (“Identity Verification”).

15.3  You accept and agree that we may also perform EDD procedures in relation to your Account.

15.4  Stables reserves the right to, at any time:

(a)  restrict or suspend your Account when we,in our sole discretion, consider it necessary to carry out further Identity Verification and/or EDD; or

(b)  terminate your Account if you provide, or we suspect you have provided, false information or refuse to provide information we require for Identity Verification and/or EDD.

15.5 You accept and agree that there may be delays in accessing your Account, or in carrying out transactions through your Account, while we undertake any Identity Verification and/or EDD procedures.

16. Account security

16.1 Security and customer safety is always our number one concern, however, you will remain responsible for, including but not limited to:

(a)  maintaining security and control over the email mailbox, phone number and phone associated with your Account, this includes ensuring you lock your phone, have a password or biometric authentication over access controls to your phone,

(b)  maintaining adequate security and control over your Account sign-in details, including but not limited to any passwords (Account passwords, or passwords which grant access to your phone) any other codes associated with your Account;

and

(c)  keeping your contact details up to date so that you can receive alerts we may send to you.

Failure to do so may result in adverse results like unauthorised access to your Stables Account and potential theft or money laundering.

16.2 We shall have no liability to you for or in connection with any unauthorised access to your Account, where such unauthorised access was due to no fault of us, and/or any failure by you to act upon any notice or alert that we send to you. The security of your Account may be compromised, or interruption caused to it, by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment. We strongly recommend being vigilant of potential scams and frauds when it comes to investing.

16.3  Care should be taken when reviewing communication which seems to be sent by us as there is always a possibility of a phishing attempt. We will always send emails from our official domain.

16.4  To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your Account and accept all risks of any unauthorised or authorised access to your Account.

17. Risks Warning & Indemnity

17.1  Your Account is not a bank / savings account nor a traditional bank savings account, and it is not covered by insurance against losses.

17.2  Although the digital assets which make up your account balance are USDC or other cryptocurrency, there is the risk that the digital assets lose their underlying peg which in turn may result in increases or decreases in the value of your Account balance.

17.3  By utilising your Account you indemnify Stables, its operating entities or any other affiliates (including their respective directors, members, employees or agents) (the ‘Indemnified Parties'), to the maximum extent permitted by law, against any loss, liability action, cost, claim, damages, proceedings or expense that the Indemnified Parties may suffer, directly or indirectly, in connection with your Account and you accordingly hereby waive any claim that you may have against the Indemnified Parties arising thereof (including in respect of any claim for direct, indirect, consequential or pecuniary damages).

17.4  You agree to indemnify, defend and hold Stables and its agents, contractors, services providers and affiliates (“Indemnified Parties” or “Indemnified Party”), harmless against all liabilities, claims, demands, damages, losses, fines, judgments, disputes, costs, charges and expenses (including, without limitation, reasonable attorneys' fees incurred in connection with such claims) made by you or others resulting from, arising out of or related to (i) any breach or alleged breach of these Terms, or any related policies such as our Privacy Policy and Complaints Policy, (ii) the loss of the Deposited Funds into your Account (whether in whole or in part) (iii) your violation of any law, regulation, order or the rights of a third party, (iv) any unauthorised access or breaches of security in connection with your Account (v)

Stables or any other Indemnified Parties’ reliance on Account information, transaction instructions, or other information and data furnished by you or (vi) information and data resulting from activities that we or any other Indemnified Party undertakes at your request, or at the request of Stables or any other Indemnified Party believes in good faith to be your authorized agent, in providing the Platform / App and services.

17.5 Before using your Account, you should ensure that you understand the risks associated with digital assets and the digital asset market. There may be additional risks not identified in these Terms.

18. US Dollar Coin (USDC)

18.1  Any reference to USDC or US$ in the Terms, App and Website refers to US Dollar Coin which is, a digital asset (stablecoin) governed by Circle, a membership-based consortium founded by Circle Internet Financial Limited (“Circle”) that sets technical, policy and financial standards for USD. The USD is fully backed by cash and equivalents and short-duration U.S. Treasuries, so that it is always redeemable 1:1 for U.S. dollars.

18.2  The underlying balance in your Account is USDC or as advised. By depositing AUD and thereby acquiring USDC, you acknowledge that you will become the owner of the balance held in your Account and that, accordingly, you agree to abide by any rules or technical standards set by Circle and/or the applicable USD issuer, including (without limitation) the Circle USDC Agreement (located at support.usdc.circle.com).

18.3  For the avoidance of doubt, Stables is not the issuer of USDC, does not hold US Dollars on reserve for USDC holders, and has no obligation to repurchase or redeem your USDC for any fiat currency. Any redemption of USDC should be done against the issuer directly. We reserve the right to change, suspend, or discontinue any service in relation to USDC at any time, without notice and without attracting any liability thereof. We may also opt to use another US Dollar stablecoin in the future.

18.4 USDC are held with a US financial institution and are audited monthly.

19. Restriction, suspension and termination

19.1 We reserve the right to restrict, suspend or terminate your Account where we reasonably suspect:

a) your Account is subject to an operational or other error, in which case we may be required to suspend access to your Account until such time as the error is rectified;

b) your Account has been or is being used in relation to any unlawful, fraudulent or Restricted Activities, or in breach of these Terms;

c) you or your Account is or has been associated with, or poses a high risk of, money laundering, financing of terrorism, fraud, or any other financial crime;

d) you are taking any action that we consider to be a circumvention of our controls, including but not limited to opening multiple accounts;

e) we reasonably suspect your involvement in any attempt to gain unauthorised access to any Account;

f) your Account is or appears to be the subject of any legal, regulatory or government process and/or we, in our sole discretion, consider there to be a heightened risk of legal or regulatory non-compliance associated with your Account;

g) we are compelled to do so by a prima facie valid subpoena, court order, or other binding order of a government or regulatory authority; or

h) we reasonably conclude that you, or any person or geography with whom you transact, are / is the subject of any governmental sanctions.

We will make all reasonable efforts to provide you with notice of any decision to restrict, suspend or terminate your Account, unless we are prevented from doing so by any legal or regulatory process or requirement, or where doing so may compromise our security and/or risk management procedures.

You accept and agree that Stables is under no obligation to disclose to you the fact of or reason for any decision to restrict, suspend or terminate your Account, and shall have no liability to you in connection with the restriction, suspension or termination of your Account.

Subject to these Terms, we may reasonably terminate or suspend your Account or your access to any Stables service, by giving reasonable notice to you. We may add or remove, suspend, stop, delete, discontinue or impose conditions on Platform / App or services or any feature or aspect of the Stables Service. We will take reasonable steps to notify you of termination or these other types of service changes.

Where we elect to terminate your Account in accordance with the above, we shall (except where legally obligated not to) return your available balance on your Account.

20. Dispute resolution

If you wish to raise a dispute or submit a complaint to us, please follow the instructions in our Complaints Policy.

21. Account types

There are three types of account that can be registered on the Platform, being personal, business and self managed superannuation fund (SMSF) accounts.

Individual accounts are registered in the name of one natural person who is, and will continue to be, the only person authorised to take any action in the account. By opening an individual account, you represent and warrant that you are and will at all times continue to be the sole beneficial owner of the account and user of all Services.

Business, corporate entity and other associated entity accounts, e.g. Trusts are owned by a company, association, partnership, government body or other legally recognised and/or incorporated group (interchangeably defined as an Entity), holding an account on the Platform in any capacity other than an individual capacity.

SMSF accounts are owned by the individual or Entity that is the trustee of the SMSF.

An Entity can apply to open an account through any natural person(s) who is duly authorised by the Entity to do so (Authorised Representative). Authorised Representatives represent, warrant and agree, on behalf of the relevant Entity, as well as on their own behalf, that the Authorised Representative:

a) is fully authorised to bind the Entity and execute all documents or do all things necessary to otherwise complete our requirements in the Authorised Representative’s stated capacity;

b) has provided us all documents or other information necessary to demonstrate and verify that authority; and

c) will provide other documents and complete other requirements as we may request from time to time.

d) We may refuse to recognise any such authorisation in relation to a business or SMSF account if, in our sole and absolute discretion, it appears to be incomplete or improperly executed.

e) By opening a business or SMSF account, the Authorised Representative represents and warrants on behalf of the Entity that the Entity is, and shall at all times continue to be, the sole beneficial owner of the account and user of all Services provided by us and that the ultimate beneficial owners of all assets belonging to the Entity are as represented during the establishment of the account.

f) We may refuse to recognise any such authorisation in relation to a business or SMSF account if, in our sole and absolute discretion, it appears to be incomplete or improperly executed.

g) By opening a business or SMSF account, the Authorised Representative represents and warrants on behalf of the Entity that the Entity is, and shall at all times continue to be, the sole beneficial owner of the account and user of all Services provided by us and that the ultimate beneficial owners of all assets belonging to the Entity are as represented during the establishment of the account.

22. Important Statements

22.1 Stables is not a bank and does not hold an AFSL

Stables is a technology company and does not have an Australian Financial Services Licence (AFSL) but it does leverage licences held by Third Party Providers.

22.2 No guarantee under the Financial Claims Scheme

Deposited Funds and the returns generated on the Deposited Funds held in your Account are not backed by the Australian Federal Government and are thus not insured by the Financial Claims Scheme (FCS). While Stables and its partners make every effort to keep your money safe, please note that any investment entails financial risk. Funds in Stables aren’t insured - similar to investing in the stock market, where you could lose your balance.

INSURANCE

Stables’s third party digital asset / cryptocurrency custody solution has its own insurance arrangements in place to cover any loss of crypto from hacks, third party risks and smart contract failures.

22.3  Risk of Loss
The Deposited Funds are held by our Third Party Service Provider(s). If such Third Party Service Provider(s) suffers a security breach or any other loss, you may suffer a loss of some or all of your Account balance.

22.4  No Warranty
The Platform / App and services are provided "AS IS" and on an "AS AVAILABLE" basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STABLES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, DATA LOSS, NONINFRINGEMENT, OR THE ACCURACY, RELIABILITY, QUALITY OF ANY INFORMATION OR CONTENT IN OR LINKED TO THE SERVICE. STABLES DOES NOT WARRANT THAT THE SERVICE WILL BE COMPLETELY SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. STABLES DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF THE APPLICATION, AND OPERATION OF THE TIIIK APPLICATION MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. STABLES WILL MAKE REASONABLE EFFORTS TO ENSURE THAT INSTRUCTIONS ARE EXECUTED IN A TIMELY MANNER BUT TIIIK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE AUD, FIAT OR DIGITAL ASSET PROCESSING BECAUSE THE APPLICATION IS DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL.

22.5 Disclaimer of warranties

The Platform / App and any related products or services are offered on a strictly “as-is” and “where-available” basis and Stables expressly disclaims, and you waive, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, the Platform / App and any related products or services are offered without any warranty as to merchantability or fitness for any particular purpose.

22.6  Limitation of liability

In no event shall Stables, Tiiik, its operating entities, contractors, services providers and affiliates or any other affiliates (including their respective directors, members, employees or agents) be liable to you for any direct, indirect, special, consequential, exemplary or punitive damages or any other damages of any kind, including but not limited to any unauthorised access or breaches of security in connection with your Account, loss of your Deposited Funds, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, whether in contract, tort or otherwise, arising out of or in any way connected with your use of, inability to use, or unavailability of the Account, including without limitation any damages caused by or resulting from any reliance upon any information received from us, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorised access to Stables’s records, programmes or services.

Without limiting the generality of the above, in no event will any liability of Stables, Tiiik, its operating entities or any other affiliates (including their respective directors, members, employees or agents) arising in relation to your use of the Account, exceed (in aggregate) the fees earned by Stables in connection with your use of your Account in the six month period immediately preceding the event giving rise to the claim for liability.

The above limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the limitations in this section may not apply to you.

23. GENERAL TERMS

23.1  Entire Agreement

These Terms, together with the Privacy Policy, Complaint Policy and any other terms and conditions or policies agreed to by you during the life of your Account, constitutes the entire agreement between Stables and you regarding the Platform / App and services and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter.

23.2  Severability

If any court of law, having the jurisdiction, rules that any part of these Terms is invalid, that section will be removed without affecting the remainder of the Terms. The remaining terms will be valid and enforceable.

23.3  Assignment

These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

23.4  Survival

All provisions of these Terms that by their nature extend beyond the expiry or termination of these Terms, including but not limited to, sections relating to the suspension or termination of your Account, use of the website, disputes with Stables and general provisions, shall survive the termination of these Terms.

23.5  Headings

Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.

23.6  Change of Control

In the event that Stables is acquired by or merged with another entity, we reserve the right, in any of these circumstances, to transfer or assign your Account and the information we have collected from you as part of such merger, acquisition, sale, or other change of control.

23.7  Force Majeure

Stables shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions of these Terms.

23.8 Taxes

You are solely responsible for determining and paying any income, sales or capital gains taxes to the appropriate tax authorities in connection with any of your activities on the Platform / App, including, without limitation.

23.9 Governing Law

This agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia. You and we agree to submit all disputes, claims or controversies (including non-contractual Disputes, claims or controversies) arising out of or in connection with these Terms, or the breach, termination, enforcement or interpretation thereof, to the exclusive jurisdiction of the courts of New South Wales, Australia.

24 RISKS ASSOCIATED WITH USING THE PLATFORM / APP

24.1 General

This section sets out some of the risks involved in connection with digital assets / cryptocurrency and using the Services. However, this section does not constitute an exhaustive list of such risks and as such, you should carefully consider whether using our Services is suitable for you in light of your circumstances. You should also read the Tiiik Risk Warnings / Disclosures

24.2 Legal status

a) The legal status of digital assets / cryptocurrency (including cryptographic coins, tokens and digital assets) remains uncertain in many countries and jurisdictions around the world. Such digital assets / cryptocurrency may be legally prohibited in certain countries or jurisdictions or be subject to specific restrictions and limitations with which you are solely responsible for complying at your own risk and expense. We take no position on the legal status of any digital asset / cryptocurrency.

b) It is your responsibility to undertake your own investigations and enquiries and satisfy yourself of the legal status of the digital asset / cryptocurrency (particularly in Australia). You acknowledge and agree that you use digital asset / cryptocurrency through the Services at your own risk.

24.3 Risks of trading and holding cryptocurrency

a) Historically, the value of digital assets / cryptocurrency has been highly volatile and there is a risk that they could have little to no value in the future. The trading or holding of digital assets / cryptocurrency involves significant risks and the losses can be substantial. It may be difficult to value digital assets / cryptocurrency accurately and reliably given the nature of their trading and difficulty in identifying fundamentals. You should carefully consider and assess whether trading or holding digital assets / cryptocurrency or using cryptocurrency-adjacent services is suitable for you depending upon your financial circumstances and tolerance to risk.

b) Due to the significant risks of trading digital assets / cryptocurrency as well as the impact of technology and the international market, Stables cannot warrant or guarantee that particular digital assets / cryptocurrency will be available as part of the Services. Stables reserves the right to stop offering trades in relation to particular digital assets / cryptocurrency as part of the Services. We will use our reasonable endeavours to notify you if we cease to support trading a particular digital asset / cryptocurrency.

24.4 Cyber risks, delivery and custody

a) Stables is not responsible or liable for any fiat currency sent to an incorrect bank account that is not the Account or an Australian bank account in the name of the user. It is important for you to take precautions when transferring and storing your funds or providing us with bank details. You should familiarise yourself with the security measures available when using a wallet service or other device for storage. Always take a greater degree of care and precaution to secure your passwords when operating in a digital environment. You are strongly advised to double check that you have inserted the correct wallet address or Australian bank account details where required.

b) If we determine (in our sole reasonable discretion) that transferring digital currency / cryptocurrency or fiat currency to you would be unlawful, or in any way contrary to our AML/CTF obligations, we may suspend such a transfer for as long as we reasonably determine is required. You agree that when this occurs, you have no claims regarding the delayed transfer and agree to assist us with every request for information in this regard.

c) market conditions, or other operational or technical difficulties which could result in the immediate halt of transactions either temporarily or permanently. Provided that Stables has taken reasonable commercial and operational measures to prevent such events in technical systems controlled by us, Stables is not and will not be responsible or liable for any loss or damage of any kind incurred by you as a result of such cyber-attacks, operational or technical difficulties or suspensions of transactions.

Further information is available on the website, Platform, App, Risk Warnings / Disclosures and in our Frequently Asked Questions (FAQs).