These Terms of Service ("Terms") set out the conditions under which Clanz offers the use of its trading platform (the "Platform") to Users (Users are described in Section 7 of these Terms and are referred to in these Terms as "Users", "you", "your").
You should read the entire Terms and Conditions carefully before you use this Platform or any of the services of this website. As used herein, "Clanz" refers to the company ("Clanz") Pty Ltd, including without limitation thereby, its owners, directors, investors, employees or other related parties.
Your use of the Platform indicates your acceptance of and agreement with these Terms. Depending upon context, "Clanz" may also refer to the services, products, site, content or other materials (collectively, "Materials") provided by Clanz.
The Service operated by Clanz allows buyers ("Buyers") and sellers ("Sellers"), to buy, sell and transfer the cryptocurrencies Bitcoin, Ripple, Ether, Bitcoin Cash, Litecoin, INVO (known as "digital currencies" from herein). Depending on the Users country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Site and Services.
As long as you agree to and actually comply with these Terms and Conditions, Clanz grants to you a personal, non-exclusive, non-transferable, and limited right to enter and use the Site and the Service. If you do not accept the terms and conditions outlined in this agreement, do not access this site and do not use this service.
By opening an account to use the Service ("Account"), Users expressly represent and warrant that you have accepted these Terms.
By registering to use the Platform you agree to be bound and have accepted our Privacy Policy and Anti-Money-Laundering Policy, as well as any rules, statements, instructions, etc. that we may publish from time to time.
Holding and trading digital currencies carries a high level of risk and may not be suitable for all investors. Before deciding to hold or trade digital currencies you should carefully consider your objectives, financial situation, needs and investment experience.
You should carefully consider and evaluate each of the following risk factors and all other information contained in these Terms before deciding to purchase digital currencies via the platform.
By using the Clanz platform, you acknowledge that you are aware of the risks associated with digital currency transactions, including but not limited to:
The information and, if applicable, any recommendations made on the Platform and Website are general only. They do not consider the personal circumstances, investment objectives, or financial situation of any particular person. A User needs to determine what is suitable for their personal situation when making any investment decisions.
By signing up as a User of Clanz, you confirm and acknowledge that:
Clanz reserves the right at their discretion to prevent citizens, residents or nationals of countries not mentioned above from being granted access to use of the Platform.
You indemnify Clanz for any losses, costs, expenses or similar should you breach this Agreement or any applicable law, regulation or regulatory policy, including all costs and expenses relating to damage or loss (including consequential loss) incurred by Clanz or its related bodies corporate arising or flowing from such breach (including legal or consultancy fees, among others).
To the full extent permitted by law, Clanz is not liable for any damages, losses, costs, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, loss of digital currency or any other direct, indirect or consequential loss to any person including the User arising out of any use of the Platform, Clanz acting or failing to act on any Instruction, any Transaction, any failure of the Platform, any error or failure or lack of any security measures by Clanz or any third party including in relation to storage or transfer of digital currencies by or on behalf of Clanz or for any other reason, except to the extent the loss is directly caused by the Clanz's fraud or wilful default. Clanz shall not be liable for any loss as a result of cancelling in whole or in part a User's Instructions.
Clanz will not be liable for any breakdown, delay or interruption to the Internet connection, or if for any reason the Platform or website is unavailable at any time or for any period.
Where Clanz website contains links to other sites and resources provided by third parties, these links are provided for your information only. Clanz have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
In signing up to registration, Users comply with the following rules for digital currency transactions. The Clanz Platform will enable a User to place digital currency transaction buying and/or selling orders. Clanz supplies a digital currency wallet which you can use to make digital currency transactions through the Website.
By submitting a Transaction Request, you authorise Clanz to initiate the digital currency Transaction on your behalf. The Platform will automatically match you with another User (or other trader) when the User submits a Transaction Proposal that meets your price quotation, with matching occurring in the order Transaction Requests were placed Clanz will then complete the digital currency transaction, without prior notice to you.
Where a transaction is unable to be fully matched and completed, Clanz will not automatically cancel the partially filled Transaction Request / Transaction Proposal. The remainder of the transaction will await future digital currency Transactions. As a User, you have the right to revoke or modify a digital currency transaction request through the Website at any time before the relevant digital currency transaction concludes.
A Users Account will be subject to the fees described on the Clanz Website.
Deposits and withdrawals of fiat (i.e. EUR and those listed on the website) are made within the Platform. Upon signup, the Platform designates a fiat deposit address (banking address) for a User to utilise depending on the fiat type. A User will be able to send to Clanz approved fiat currency types to this designated deposit address.
Deposits and withdrawals of digital currencies are made within the Platform. Upon signup, the Platform designates a digital currency deposit address for each User, which is specified by reference to digital currency type (e.g. Bitcoin, Ethereum, Invo). A User will be able to send Clanz-approved digital currency types to this designated deposit address. Users must not disclose their designated deposit address to any person other than when transferring digital currencies to or from their Account.
The networks by which digital currencies and fiat currencies transfers occur are operated by third parties and are outside of the Platform. Clanz gives no guarantee of and takes no liability for the security of the digital currency and fiat currency transfer networks.
The speeds of the digital currency transfer networks are outside the control of the Company.
All services are provided without warranty of any kind, either express or implied. We do not represent that this Site will be available 100% of the time to meet your needs. We will strive to provide Users with the Service as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information. We will use reasonable endeavours to ensure that the Site can normally be accessed by Users in accordance with these Terms and Conditions. We may suspend use of the Platform for maintenance and will make reasonable efforts to give you notice. You acknowledge that this may not be possible in an emergency.
All intellectual property rights vested in texts, images or any other content found on or related to the Platform are owned by Clanz.
Users may not engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit software, or other licensed materials without the appropriate authorization from the rights holder; use of Clanz intellectual property, name, or logo, including use of Clanz trade or service marks, without express consent from Clanz or in a manner that otherwise harms Clanz or the Clanz brand; any action that implies an untrue endorsement by or affiliation with Clanz.
Clanz may take any action available in law or equity to protect its intellectual property and to remedy any breach or potential breach of its rights, including by seeking an injunction to prevent a breach of its rights.
You agree that Clanz may limit, suspend or terminate your account, use of the Service, or the processing of any digital currency transaction, at any time in its sole discretion. The Company may suspend or terminate a User's Account at any time immediately upon written notice to the User for any reason, including without limitation for:
After the termination of this Agreement, you do not have the right to require the Platform / website to continue to provide you with any Service or perform any other obligation, including, but not limited to, requesting the Platform / website to keep or disclose to you any information in your Member Account, or to forward to you or any third party any information therein that is not read or sent.
The suspension of an Account shall not affect the payment of the commissions due for past Transactions. Clanz also reserve the right to cancel 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 Service. Members agree that Clanz will not be liable to them or to any third party for termination of their Account or access to the Site.
Users should retain its own records of your digital currency transactions and any transaction requests in the event you may require them in the future. You may need to produce your records for the purposes of taxation.
Within a reasonable period after termination of this Agreement, we will transfer to you all digital currencies we hold for you, after deduction of any amounts you owe us under this Agreement and subject to any applicable laws which would prevent us from transferring the digital currencies to you.
These Terms and User's use of the website and the Platform will be governed by the laws of Australia. All Users submit to the non-exclusive jurisdiction of the courts of NSW.
If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the provision will be enforceable to the maximum extent permissible and the remaining provisions remain in full force and effect.
If Clanz is unable to perform the Services outlined in the Terms and Conditions due to factors beyond our control including but not limited to an event of Force Majeure, change of law or change in sanctions policy we will not have any liability to You with respect to the Services provided under this agreement and for a time period coincident with the event.
Clanz reserves the right to change, add or remove portions of these Terms, at any time, in an exercise of its sole discretion. Your continued use of the Site following the posting of a notice of changes to the Terms signifies that you accept and agree to the changes, and that all subsequent transactions by you will be subject to the amended Terms.
