Terms & Conditions

Terms and Conditions

[Last revised: August 2019 ]

NOTICE TO ALL USERS

If you obtain or use any service provided by Wozinga Pty Ltd. Australia or any of its affiliated websites in any capacity, you acknowledge and agree to all terms & conditions in this document.

You also acknowledge and agree that you are aware and accept that:

a)  Wozinga Pty Ltd. is not liable in any way for the risks or negative outcomes.

b)  You are aware of all the risks and dangers associated with transacting in digital currencies.

c)  You assume all risks with respect to your services and trading.

If you refuse to accept any of the Terms & Condition’s set out in this document, then you must not use any product or service of Wozinga in any capacity.

 

WOZINGA TERMS & CONDITIONS

This agreement (the "Agreement") is for customers who are based inside Australia.

This is a contract between you and:

  1. Wozinga Pty Ltd ("Wozinga Australia"), a private limited company incorporated in Australia with Australian Company Number625 841 741.

References in this Agreement to "Wozinga", "we", "our" or "us", are to Wozinga Pty Ltd.  Australia, and references to "you" or "your" are to the person with whom Wozinga enters into this Agreement.

By signing up to use an account through Wozinga.com or any of our associated websites (collectively the "Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our Privacy Policy.

1 AGREEMENT CONDITIONS

Wozinga reserves the right to modify or change the Terms at any time and at its sole discretion. We will provide notice of these changes by updating the revised Terms on the webpage and changing the “[Last revised: ]” date on this page. Any and all modifications or changes to these Terms will be effective immediately upon being announced on the website or released to users. As such, your continued use of Wozinga’s services acts as acceptance of the amended agreement and rules. If you do not agree to any modification to these Terms, you must stop using the Services. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.

2  ELIGIBILITY

To register for a Wozinga account you must meet the following criteria:

  1. You are 18 years of age

  2. You are the individual that you that you represent in the documentation provided

  3. You have not previously been suspended or ejected from any Wozinga service

  4. You are not making transactions to pay for randsomeware

  5. You are not making transactions to fund terrorism

  6. You reside in the country this service is registered in​

3 ACCOUNT CREATION & ACCESS
Registration of a New Account: To use the Wozinga Services, you will need to register for a Wozinga account (a "Wozinga Account") by providing your name, email address and a password and accepting the terms of this Agreement. By using a Wozinga Account, you agree and represent that you will use the Wozinga Services only for yourself, and not on behalf of any third party, unless you have obtained prior written approval from Wozinga in accordance with this Agreement. You are fully responsible for all activity that occurs under your Wozinga Account. We may, in our sole discretion, refuse to open a Wozinga Account for you, or limit the number of Wozinga Accounts that you may hold or suspend or terminate any Wozinga Account or the trading of specific Digital Currency in your account.
Approved Third Party Access:to your Wozinga services. Whether you directly permit a third party or one of their products or services to access your Wozinga Account, by granting permission to a third party who will take specific actions on your behalf you acknowledge and agree this does not relieve you of your responsibilities under this agreement. You are fully responsible and accountable for all acts or omissions of any third party with access to your Wozinga Account(s) and any action of such third party shall be considered to be an action authorised by you. Further, you acknowledge and agree that you will not hold Wozinga responsible for, and will indemnify Wozinga from, any liability arising out of or related to any act or omission of any third party with access to your Wozinga Account(s).

Account Usage: Accounts can only be used by the person whose name they are registered under. Wozinga reserves the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. You shall immediately notify Wozinga if you suspect or become aware of unauthorized use of your user name and password. Wozinga will not be liable for any loss or damage arising from any use of your Account by you or by any third party (whether or not authorized by you).

4 DIGITAL CURRENCY SERVICES

The following services (the "Digital Currency Services") may be provided to you by Wozinga:

  1. one or more hosted digital currency wallets enabling you to store, track, transfer, and manage your balances of certain supported digital currencies like Bitcoin or Ethereum (the "Digital Currency Wallet" and "Digital Currency" respectively); and

  2. a Digital Currency exchange service enabling you to obtain prices for your purchases and sales of Digital Currencies, and (subject to certain restrictions) carry out any such purchases or sales on the Site.

  3. Unlike Fiat Currency Services, Digital Currency Services are not regulated by ASIC. Wozinga is not a regulated financial services provider. Wozinga is based in, and provides its services from Australia.

5 ACCOUNT SECURITY

Wozinga takes the security of its users and their cryto currency funds entrusted to us very seriously and we have implemented industry standard protections for our services. However, there are risks that are created by individual User actions. 

Your Responsibility: You agree to consider your access credentials such as user name and password as highly confidential information and not to disclose such information to any third party. You also agree that you alone are responsible for taking necessary safety precautions to protect your own account and personal information including changing your password regularly. You shall be solely responsible for the safekeeping of your Wozinga account and password on your own, and you shall be responsible for all activities under Account and Wozinga will not be responsible for any loss or consequences of authorized or unauthorized use of your Account credentials including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement, etc.

By creating an Account, you hereby agree that: 

  1. you will notify Wozinga immediately if you are aware of any unauthorized use of your Wozinga account and password by any person or any other violations to the security rules;

  2. you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; any

  3. You will setup 2 Factor Authentication for your Wozinga account

  4. You will never share your login credentials with any third party

  5. You understand that Wozinga will never ask you for your account username & password 

  6. you will log out from the website by taking proper steps at the end of every visit.

Security Breach. If you suspect that your Wozinga Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and / or Wozinga (together a "Security Breach"), you must:

  1. notify Wozinga Support as soon as possible by email free of charge at: security@wozinga.com, or by calling us on: +61 2 4017 0485 (international charges may apply);

  2. continue to provide accurate and up to date information throughout the duration of the Security Breach; and

  3. you must take any steps that we reasonably require to reduce, manage or report any Security Breach.

Failure to provide prompt notification of any Security Breach may be taken into account in our determination of the appropriate resolution of the matter.

6 IDENTITY VERIFICATION

You agree to provide us with the information we request for the purposes of KYC (Know Your Customer) identity verification and AML (Anti Money Laundering) the detection of money laundering, terrorist financing, fraud, or any other financial crime, including as set out in Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of Australia and permit us to keep a record of such information. you will need to successfully complete a KYC & AML check prior to being able to use any of the Wozinga products and services, the limits that apply to your use of the Wozinga Services may be altered as a result of information collected on an ongoing basis.

Potential Information Requested: The information we may request from you may include personal information, but is not limited to:

  1. Your full name

  2. Your home address

  3. Your phone number

  4. Your email address

  5. Your date of birth

  6. Your TFN (Tax File Number)

  7. Your id or licence details

  8. Your passport information

  9. Your bank account number

In providing us with this or any other information that may be required, you confirm that the information is accurate and correct and you agree to keep us updated if any of the information you provide changes. We will treat this information in accordance with our current Data Protection Agreement.

Enhanced Due Diligence. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with Wozinga staff if you wish to raise your limits ("Enhanced Due Diligence"). We reserve the right to charge you costs and fees associated with such Enhanced Due Diligence although if we intend to do so, we will notify you in advance so that you can decide whether you wish to proceed with the request. In our discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.

 

You authorise us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Wozinga Services and/or before permitting you to engage in transactions beyond certain volume limits. 

7 LIABILITY

Release of Wozinga. If you have a dispute with one or more users of the Wozinga Services (other than Wozinga), you agree that neither we nor our affiliates or service providers, nor any of our respective officers, directors, agents, joint venturers, employees and representatives, will be liable for any claims, demands and damages (actual and consequential, direct or indirect) of any kind or nature arising out of or in any way connected with such disputes.

Indemnification. You agree to indemnify us, our affiliates and service providers, and each of our, or their, respective officers, directors, agents, employees and representatives, in respect of any costs (including legal fees and any fines, fees or penalties imposed by any regulatory authority) that have been reasonably incurred in connection with any claims, demands or damages arising out of or related to your breach and / or our enforcement of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.

Limitation of Liability. You agree to indemnify us to the maximum extent permitted by applicable law, in no event will Wozinga, it's affiliates and their respective shareholders, members directors, legal teams, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities what so ever (including, without limitation, damages for loss of data, information, revenue, profits or other business or financial benefit) arising out of it or in connection with the services, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf og Wozinga and it's affiliates, whether under contract, statute, strict liability or other theory even if Wozinga has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of Wozinga gross negligence, fraud, wilful misconduct or intentional violation of law.

notwithstanding the foregoing, in no event will the liability of Wozinga, its affiliates and their respective shareholders, members, directors, officers, employees and legal teams, agents, representatives, suppliers or contractors arising out of or in connection the services, and performance or non-performance of the services, or any other product, service or other item provided by or on behalf of Wozinga or its affiliates whether under contract, statute, strict liability or other theory, be liable to any amount of fees paid by you to Wozinga under this agreement.

Limitation of loss. In addition to the liability cap above, in no event shall we, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with this Agreement or otherwise:

  1. any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and / or any actual or hypothetical trading losses, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if you claim that we failed to process a buy or sell transaction properly, you indemnify us of all damages resulting from the transaction, and that you may not recover for any "loss" of anticipated trading profits or for any actual trading losses made as a result of the failure to buy or sell;

  2. any loss of, or damage to, reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, whether direct or indirect, even if we are advised of or knew or should have known of the possibility of the same;

  3. any loss of use of hardware, software or data and / or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and / or any interruption in any such data; and

any loss or damage whatsoever which does not arise directly as a result of our breach of this Agreement (whether or not you are able to prove such loss or damage).

Applicable law. The limitation of liability in this Section 7 (Liability) is subject to any obligations that we have under applicable law and regulation, including our obligation to exercise reasonable care and skill in our provision of the Wozinga Services. Nothing in this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross negligence, deliberate misconduct, for death or personal injury resulting from either our or our subcontractors’ negligence.

No Warranties. The Wozinga Services are provided on an "as is" and "as available" basis, with no further promises made by us around availability of the Wozinga Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Site, any of the Wozinga Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.

We make no representations about the accuracy, order, timeliness or completeness of historical Digital Currency price data available on the Site. Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to you use and access of the Wozinga Services and Site.

No Liability for Breach. We are not liable for any breach of the Agreement, including delays, failure in performance or interruption of service, where they arise directly or indirectly from abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules.

Digital currency is not legal tender and is not backed by the government. Digital currency, such as Bitcoin, Litecoin, and Ethereum, is not subject to Federal Deposit Insurance Corporation (“FDIC”) or Securities Investor Protection Corporation protections.

Safety and Security of Your Computer and Devices. Wozinga is not liable for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.

8 GENERAL

Your Compliance with Applicable Law. You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws) in your use of the Wozinga Services.

Limited License. We grant you a limited, non-exclusive, non-transferable licence, subject to the terms of this Agreement, to access and use the Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the Site or Content is expressly prohibited and all other right, title, and interest in the Site or Content is exclusively the property of Wozinga and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.

Prohibited and Conditional Use. When you use the Services you agree and covenant to observe the following:

  • All the activities that you carry out during the use of the Services will be in compliance with the requirements of applicable laws, regulations, as well as the various guidelines of Wozinga:

  • Your use of the Services will not be in violation of public interests, public ethics or other’s legitimate interests including taking any action that would interfere with, disrupt, negatively affect, or inhibit other Users from using the Services:

  • You agree not to use the services for engaging in market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering regardless of whether prohibited by law);

  • The following commercial uses of Wozinga data is prohibited unless written consent from Wozinga is granted:
    1) Exchange services that use quotes or order book information from Wozinga.
    2) Data feed or data stream services that make use of any market data from Wozinga.
    3) Any other websites/apps/services that charge for, or otherwise commercially monetize (including through advertising or referral fees), market data obtained from Wozinga.

  • You may not modify, reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any proprietary notices or labels, license, sublicense, sell, mirror, frame, rent, lease, private label, grant a security interest in, create derivative works of, or otherwise exploit the Properties, or any portion of the Properties without Wozinga’s prior written consent.

  • You may not: 

    1. use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Properties or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Services, 

    2. attempt to gain unauthorized access to any portion or feature of the Properties or any other systems or networks connected to the Services or to any Wozinga server or to any of the services offered on or through the Services, by hacking, password "mining," or any other illegitimate or prohibited means, 

    3. probe, scan, or test the vulnerability of the Services or any network connected to the Properties, nor breach the security or authentication measures on the Services or any network connected to the Services, 

    4. reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Services, 

    5. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Wozinga’s systems or networks or any systems or networks connected to the Services, 

    6. use any device, software, or routine to interfere with the proper working of the Services or any transaction conducted on the Services, or with any other person's use of the Services, 

    7. forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to the Services, or 

    8. use the Services in an unlawful manner.

By accessing the Service. you agree that Wozinga shall have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to:

  1. block and close order requests

  2. freezing your account

  3. reporting the incident to authorities

  4. publishing the alleged violations and actions that have been taken

  5. deleting any information you published that is in violation

Amendments. We may make amendments to the Agreement by posting the revised Agreement on the Site or by emailing it to you, indicating when the revised Agreement becomes effective. Although we will endeavour to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if you do not agree with any such modification, you should close your Wozinga Account and cease using the Wozinga Services.

Copies of the most up-to-date version of the Agreement will be made available in the Site at all times and will be provided to you by email on your request.

Relationship of the Parties. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or Wozinga to be treated as partners or joint ventures, or either you or Wozinga to be treated as the agent of the other.

Privacy of Others. If you receive information about another user through the Wozinga Services, you must keep the information confidential and only use it in connection with the Wozinga Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited communications to another user through the Wozinga Services.

Contact Information. You are responsible for keeping your email address and telephone number up to date in your Wozinga Account profile in order to receive any notices or alerts that we may send you (including notices or alerts of actual or suspected Security Breaches).

Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Wozinga Services, and to withhold, collect, report and remit the correct amount of tax to the appropriate tax authorities. Your transaction history is available through your Wozinga Account.

Unclaimed Property. If we hold Digital Currency, and we are unable to contact you and have no record of your use of the Wozinga Services for several years, applicable law may require us to report the Digital Currency as unclaimed property to the authorities in certain jurisdictions. We will try to locate you at the address shown in our records, but if we are unable to, we may be required to deliver any such Digital Currency to the authorities in certain jurisdictions as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

Entire Agreement. This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and Wozinga as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and Wozinga.

Interpretation. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.

Transfer and Assignment. This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving Wozinga, provided that this transfer or assignment does not materially impact the quality of the Wozinga Services you receive. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

Security Interests. You must not create security over your Digital Currency unless we say you can in writing.

Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.

Enforcement of Our Rights. We may not always strictly enforce our rights under this Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time.

Language. This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only and may not accurately represent the information in the original English. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.

Change of Control. In the event that Wozinga is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, acquisition, sale, or other change of control.

Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the Sections relating to suspension or termination, Wozinga Account cancellation, debts owed to Wozinga, general use of the Site, disputes with Wozinga, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.

Transaction Fulfilment. We will make reasonable efforts to fulfil all purchases of Digital Currency, but in some circumstances, we may be unable to. If this is the case, we will notify you and seek your approval to re-attempt the purchase at the current Exchange Rate (as defined below).

Availability of Payment Methods. The availability of a method of payment depends on a number of factors including, for example, where you are located, the identification information you have provided to us, and limitations imposed by third party payment processors.

Conversion Fees. Each purchase or sale of Digital Currency is subject to a fee (a "Conversion Fee"). The applicable Conversion Fee will be displayed to you on the Site prior to each transaction and is stated in each receipt we issue to you. We may adjust our Conversion Fees at any time. We will not process a transaction if the Conversion Fee and any other associated fees would, together, exceed the value of your transaction. 

You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, and that we may add a margin or ‘spread’ to the quoted Exchange Rate. You agree to accept the Exchange Rate when you authorise a transaction. 

Authorisations; Reversals; Cancellations. By clicking the ‘Buy’ or ‘Sell’ button on the Site, you are authorising Wozinga to initiate the transaction at the quoted Buy Price or Sell Price and agree to any associated Conversion Fees.

You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorise us, in our sole discretion to cancel the transaction or debit your other Digital Currency Wallets, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds.

Digital Currency Transactions. We will process Digital Currency Transactions in accordance with the instructions we receive from you. You should verify all transaction information prior to submitting instructions to us. We do not guarantee the identity of any user, receiver, requestee or other third party and we will have no liability or responsibility for ensuring that the information you provide is accurate and complete.

Digital Currency Transactions cannot be reversed once they have been broadcast to the relevant Digital Currency network. If the recipient does not have a valid wallet Address we will return the relevant Digital Currency to your Digital Currency Wallet, if you enter the wrong address and it is still valid the transaction will complete as normal and we are not liable for the wrong addresses being provided by the user.

We may charge network fees ("miner fees") to process a Digital Currency Transaction on your behalf. We will calculate the miner fees at our discretion, although we will always notify you of the miner fees at (or before) the time you authorise the Digital Currency Transaction.  Miner fees for each individual transaction will be disclosed to you at the time of purchase on the checkout page. When you or a third party sends Digital Currency to a Wozinga wallet from an external wallet not hosted on Wozinga, the person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, payment of miner’s fees in order for the transaction to be successful. Non-payment of miner fees may cause your transaction to remain in a pending state outside of Wozinga' control and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions.

Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A Digital Currency Transaction is not complete while it is in a pending state. Digital Currency associated with Digital Currency Transactions that are in a pending state will be designated accordingly and will not be included in your Digital Currency Wallet balance or be available to conduct Digital Currency Transactions until confirmed by the network.

*We may also refuse to process or cancel any pending Digital Currency Transaction as required by law, regulation or any court or other authority to which Wozinga is subject in any jurisdiction. *

Orders. Upon placing an instruction to effect a trade using the Services (an “Order”), your Account will be updated to reflect the open Order and your Order will be included in Wozinga’s order book for matching with Orders from other Users. If all or a portion of your Order is matched with another User, the Services will execute an exchange (a “Trade”). Upon execution of a Trade, your Account will be updated to reflect that the Order has either been closed due to having been fully executed, or updated to reflect any partial fulfilment of the Order. Orders will remain open until fully executed or cancelled. For purposes of effectuating a Trade, you authorize Wozinga to take temporary control of the Digital Currency that you are disposing of in the Trade.

Cancellations. You may only cancel an order initiated via the Services if such cancellation occurs before your Order has been matched with an Order from another user. Once your Order has been matched with an Order from another user, you may not change, withdraw, or cancel your authorization for Wozinga to complete such Order. If any order has been partially matched, you may cancel the unmatched portion of the Order unless and until the unmatched portion has been matched. Wozinga reserves the right to refuse any cancellation request associated with an Order after you have submitted such Order. If you have an insufficient amount of Digital Currency in your Account to fulfill an Order, Wozinga may cancel the entire Order or may fulfill a partial Order that can be covered by the Digital Currency in your Account (in each case after deducting any fees payable to Wozinga in connection with the Trade).

Fees. You agree to pay Wozinga the fees set forth in Fee schedule which may be updated from time to time at Wozinga’s sole discretion. Any such updated fees will apply prospectively to any trades or other transactions that take place following the effective date of such updated fees. You authorise Wozinga to remove any amounts from your Account for any applicable fees owed by you under these Terms.

Supported Digital Currencies. Our Digital Currency Services are available only in connection with those digital currencies that Wozinga supports, and this may change from time to time.

Under no circumstances should you attempt to use your Digital Currency Wallet to store, send, request, or receive digital currencies in any form that we do not support (although we will use reasonable efforts to help you move or sell Digital Currency that we no longer support). We assume no responsibility or liability in connection with any attempt to use your Digital Currency Wallet for digital currencies that we do not support.

Advanced Protocols. Unless specifically announced on the Site or via an official public statement of Wozinga, we do not support metacoins, coloured coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Currency we support (collectively, "Advanced Protocols"). You should not use your Wozinga Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. Our platform is not configured to detect and/or secure Advanced Protocol transactions.

You acknowledge and agree that we have no responsibility whatsoever in respect of an unsupported Advanced Protocol.

Digital Currency Storage & Transmission Delays. Wozinga securely stores Digital Currency private keys, in a combination of online and offline storage, which are the means by which you can securely approve a Digital Currency Transaction. As a result of our security protocols, it may be necessary for us to retrieve private keys or related information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Digital Currency Transaction.

Third party Payments. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase from, or sell to, any third party (including other users of the Digital Currency Services). We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorised to do so. If you experience a problem with any goods or services purchased from, or sold to, any third party using Digital Currency transferred using the Digital Currency Services, or if you have a dispute with such third party, you should resolve the dispute directly with that third party.

If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Wozinga Support at: disputes@wozinga.com so that we may consider what action to take, if any.

Operation of Digital Currency Protocols. We do not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. Generally, the underlying protocols are ‘open source’ and anyone can use, copy, modify, and distribute them.

We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee their functionality, security, or availability. You acknowledge and accept the risk that underlying software protocols relating to any Digital Currency you store in your Digital Currency Wallet may change.

In particular, the underlying protocols are likely to be subject to sudden changes in operating rules ("forks"), and such forks may materially affect the value, function, and/or the name of the Digital Currency you store in your Digital Currency Wallet. Where possible, we may provide you with notices or alerts on forks and you must read such notices or alerts received from us to consider how to deal with upcoming forks.

However, it is your responsibility to make yourself aware of, and consider how to deal with, upcoming forks. In the event of a fork, there is a risk that we may need to temporarily suspend operations in relation to that fork without providing advance notice to you. We may, in our reasonable discretion, decline to support either or both branches of a fork. You acknowledge the risks presented by forks and you accept that we have no responsibility to assist you to move or sell an unsupported branch of a forked protocol.

Digital Currency Title. All Digital Currencies held in your Digital Currency Wallet are custodial assets held by the Wozinga for your benefit. Among other things, this means:

    1. Title to Digital Currency shall at all times remain with you and shall not transfer to Wozinga or any of its subsidiaries shall have any liability for fluctuations in the fiat currency value of Digital Currency held in your Digital Currency Wallet.

    2. You control the Digital Currencies held in your Digital Currency Wallet. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Digital Currency by sending it to a different blockchain address controlled by you or a third party.

    3. In order to more securely custody assets, the Wozinga may use shared blockchain addresses, controlled by a member of Wozinga, to hold Digital Currencies held on behalf of customers and/or held on behalf of Wozinga. Although we maintain separate ledger accounting entries for customer and Wozinga accounts, no member of the Wozinga shall have any obligation to segregate by blockchain address Digital Currencies owned by you from Digital Currencies owned by other customers or by any member of Wozinga.

No Financial Advice. Wozinga is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using the Services. No communication or information provided to you by Wozinga is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. All trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation. Wozinga does not recommend that any Digital Currency should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Currency, you should conduct your own due diligence and consult your financial advisors before making any investment decision. Wozinga will not be held responsible for the decisions you make to buy, sell, or hold Digital Currency based on the information provided by Wozinga.

Electronic Delivery of Communications. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Wozinga Account and your use of Wozinga Services. Communications include:

  1. terms of use and policies you agree to (e.g. the Agreement and Privacy Policy), including updates to these agreements or policies;

  2. account details, history, transaction receipts, confirmations, and any other account or transaction information;

  3. legal, regulatory, and tax disclosures or statements we may be required to make available to you; and

  4. responses to claims or customer support inquiries filed in connection with your Wozinga Account.

We will provide these Communications to you by posting them on the Wozinga website, emailing them to you at the primary email address listed in your Wozinga profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.

How to Withdraw Your Consent. You may withdraw your consent to receive Communications electronically by contacting us at: https://support.wozinga.com. If you fail to provide or if you withdraw your consent to receive Communications electronically, Wozinga reserves the right to immediately close your Wozinga Account or charge you additional fees for paper copies.

Updating your Information. It is your responsibility to provide us with a true, accurate and complete email address and your contact information, and to keep such information up to date. You understand and agree that if Wozinga sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out-of-date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Wozinga will be deemed to have provided the Communication to you.

You may update your information by logging into your account and visiting settings or by contacting our support team at: https://support.wozinga.com

9 Termination of Agreement

You agree that Wozinga shall have the right to immediately suspend your account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the funds in all such accounts, and suspend your access to Wozinga for any reason including if it suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that Wozinga shall not be liable to you for any permanent or temporary modification, suspension or termination of your Account or access to all or any portion of the Services. Wozinga shall have the right to keep and use the transaction data or other information related to such accounts. The above account controls may also be applied in the following cases:

  • The account is subject to a governmental proceeding, criminal investigation or other pending litigation;

  • We detect unusual activity in the account;

  • We detect unauthorized access to the account;

  • We are required to do so by a court order or command by a regulatory/government authority

In case of any of the following events, Wozinga shall have the right to directly terminate this agreement by cancelling your Account, and shall have the right to permanently freeze (cancel) the authorizations of your account on Wozinga and withdraw the corresponding Wozinga Account thereof:

  • after Wozinga terminates services to you;

  • you allegedly register or register in any other person’s name as Wozinga user again, directly or indirectly;

  • the information that you have provided is untruthful, inaccurate, outdated or incomplete;

  • when these Terms are amended, you expressly state and notify Wozinga of your unwillingness to accept the amended Terms;

  • you request that the Services be terminated; and

  • any other circumstances where Wozinga deems it should terminate the services.

Should your Account be terminated, the Account and transactional information required for meeting data retention standards will be securely stored for the duration required by law. In addition, if a transaction is unfinished during the Account termination process, Wozinga shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.

If Wozinga receives notice that any funds held in your Account are alleged to have been stolen or otherwise are not lawfully possessed by you, Wozinga may, but has no obligation to, place an administrative hold on the affected funds and your Account. If Wozinga does place an administrative hold on some or all of your funds or Account, Wozinga may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Wozinga has been provided to Wozinga in a form acceptable to Wozinga. Wozinga will not involve itself in any such dispute or the resolution of the dispute. You agree that Wozinga will have no liability or responsibility for any such hold, or for your inability to withdraw funds or execute trades during the period of any such hold.

Remaining funds after Account termination. once the Account is closed/withdrawn, all remaining balance (which includes charges and liabilities owed to Wozinga) on the account will be payable immediately to Wozinga. Upon payment of all outstanding charges to Wozinga (if any), the User will have 5 business days to withdraw all funds from the Account.

Remaining funds after Account termination due to fraud, violation of law, or violation of these terms). Wozinga maintains full custody of the funds and User data/information which may be turned over to governmental authorities in the event of Account suspension/closure arising from fraud investigations, violation of law investigations or violation of these Terms.

10 DATA PROTECTION.

Personal Data. You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided (or in the future provide) to us in relation to your employees and other associated, or other individuals (if you not an individual), in connection with this Agreement, or the Wozinga Services. We will process this personal data in accordance with the Privacy Policy. Accordingly, you represent and warrant that:

    1. your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;

    2. before providing any such personal data to us, you acknowledge that you have read and understood our Privacy Policy, a copy of which is available here: Privacy Policy, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided the individual with a copy of, or directed the individual towards a webpage containing that Privacy Policy (as amended from time to time); and

    3. if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide updated copies of the Privacy Policy to, or re-direct towards a webpage containing the updated Privacy Policy, any individual whose personal data you have provided to us.