- The website Hadley Trading Solutions is owned, operated and controlled by no other entity. Employees are referred to as “we”, “us” or “our” in these Terms and Conditions and throughout the website.
- The website provided and operated by Hadley Trading Solutions enables individuals and companies to trade digital currencies. For a fee (refer Fees in the Terms and Conditions) we execute Buy and Sell Orders, on behalf of our clients on various digital currency exchanges.
- “Hadley Trading Solutions” may also refer to the services, website, content, products or any other services provided by Hadley Trading Solutions (collectively “Services”).
- Hadley Trading Solutions reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, Hadley Trading Solutions grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website.
- We grant you a non-exclusive, revocable, non-transferable licence to use the software on a server controlled by us for the sole purpose of accessing and obtaining the material on the website.
- Your eligibility and use of our website and Services is dependent upon your country of residence. The Services provided by Hadley Trading Solutions are limited to the following jurisdiction: Australia.
Risks of Trading and Holding Crypto or Digital Currencies
1. The buying or selling of coins, tokens, crypto, digital currency, or digital assets of the like (collectively “Coins“) involves significant risks and the losses can be substantial. You should carefully consider and assess whether trading or holding of Coins is suitable for you depending upon your financial circumstances and tolerance to risk.
2. For the purpose of this Terms of Conditions, the term “wallet” is defined as a secure digital wallet that is used to store, send, and receive digital currency. Wallets are a third party program and as per the Liability section, we are not liable for any losses that may occur as a result of the use of these programs. We use wallets to store customer Coins during the Buy/Sell Order execution. Customer’s Coins are transferred to a and individual client wallet once the Buy Order is complete.
3. Coins such as Bitcoin and Ether are unlike traditional currencies, goods or commodities in the market and are subject to exceptional risks. Unlike other traditional forms of currency, Coins are decentralised and are not backed by a central bank, government or legal entities and remains unregulated. As such, the value of Coins may swing depending upon the market, confidence of investors, competing currencies, regulatory announcements or changes, technical problems or any other factors.
4. Due to the significant risks of trading Coins as well as the impact of technology and the international market, Hadley Trading Solutions cannot warrant or guarantee that particular Coins will be available on our website and Services. Hadley Trading Solutions reserves the right to stop offering trades in relation to particular Coins on our website and Services. We will use our best endeavours to notify you if we cease to support trading in particular Coins.
5. Hadley Trading Solutions only supports mechanisms such as Metacoins, Alt-Coins, Forks, Sidechains, Colour Coins or any other Coins which supplement and interact with digital currency, if Hadley Trading Solutions explicitly specifies through our website.
6. Hadley Trading Solutions is not responsible or liable for any Coins once they are transferred from our wallets to another site, device, platform, user or to another wallet. Nor is Hadley Trading Solutions responsible or liable for any Coins not traded on our website that have been sent into our wallets or Coins that have been sent to an incorrect wallet address or a wallet address for a different Coin. It is imperative for you to take maximum precautions when transferring and storing your Coins whether on our website or through other sites, wallets or devices. We take no responsibility for misappropriation or theft of your Coins. You should familiarise yourself with the security measures available when using a wallet service or other device for storage. Always take the utmost care and precaution to secure your passwords when operating in a digital environment.
- You warrant to us that you are a bona fide user of Hadley Trading Solution’s website and Services for the purposes of trading Coins.
- You must not:
- Engage in any restricted or criminal activities, including but not limited to:
- Terrorist financing;
- Money laundering;
- Illegal gambling;
- Distributing or funding drugs and drug paraphernalia;
- Malicious hacking;
- Knowingly or recklessly provide us with inaccurate or incomplete information through the website;
- Use Hadley Trading Solution’s website and Services for the purpose of obtaining, processing, distributing, viewing, assessing, analysing, copying or replicating any information, methods or processes related to the website (including without limitation by way of data scraping, the use of collection or accumulation tools and robotic or scripted responses);
- Reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the website’s source code, formulas or processes;
- Interfere with the security of the website or the safe use of the website by others (including without limitation by way of distributing viruses, corrupted files or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the website or its users);
- Use this website for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us);
- Knowingly or recklessly use and/or take advantage of a technical or technological error, loophole or glitch on Hadley Trading Solutions website and Services;
- Use the website or the information contained in it for commercial purposes which are competitive to the website or our business or which would otherwise be detrimental or prejudicial to our interests in any way;
- Use systematic, repetitive or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the website or which may otherwise place an unreasonable load on the infrastructure of the website;
- Publish, post, distribute, disseminate or send ‘spam material’ or engage in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive);
- Collect or store personal data about other users of the website;
- Do anything else which may interfere with or negatively affect the operation of our website, Services or others users.
- Engage in any restricted or criminal activities, including but not limited to:
3. Any user of Hadley Trading Solutions ’s website who violates or breaches our Terms and Conditions may have their membership and registered account terminated, as well as any pending transactions cancelled. You may also be held liable for any losses incurred by Hadley Trading Solutions or any other user of the website.
4. Hadley Trading Solutions encourages users to report any problems or vulnerabilities with our website and Services by submitting a support request on our website or emailing us at firstname.lastname@example.org. If you notify us in good faith, we will not restrict your use of our website or Services.
Buying and Selling using our Service
- Hadley Trading Solutions will use its best endeavours to ensure that it meets its deposit and withdrawal time-frames. From time to time factors outside of Hadley Trading Solutions ’s control may lead to delays. You acknowledge that Hadley Trading Solutions is not responsible for any losses that occur due to delays in processing deposits or withdrawals.
- By using Hadley Trading Solutions ’s website and Services, you acknowledge that Hadley Trading Solutions is not responsible for any delays you may experience in sending Coins to Hadley Trading Solutions ’s wallets. These delays may be due to issues beyond
Hadley Trading Solutions ’s control, including issues with third party websites and platforms, wallets, congestion of the blockchain and Hadley Trading Solutions moving Coins into a secure storage vault or platform.
- In the circumstance where you have received, acquired, or accumulated any funds or Coins due to an error, glitch or loophole, Hadley Trading Solutions may take reasonable action, including but not limited to requesting the recipient of the misplaced funds or Coins to transfer them to our wallet addresses or account where we shall attempt to rectify the issue, requesting the recipient of the misplaced funds or Coins to return them to the wallet address or account which they came from, or seeking legal action, we will notify you if such error has occurred and it is our right to recover the misappropriated funds or assets.
- It is your responsibility to check your Hadley Trading Solutions account and monitor the movement of your Coins including any pending, lapsed or cancelled through your transaction history and to re-execute any transactions which fail.
- All deposits and withdrawals made are subject to the limits displayed on our website. This amount may change from time to time due to the blockchain as well as the user demand, market activity and the price of particular Coins.
- All fiat deposits and withdrawals can only be made to and from a financial institution account held by the verified Hadley Trading Solutions account holder.
- Hadley Trading Solutions is not liable for any price variation due to market volatility, market or technology disruptions, delays or any other matters that caused by things that are outside Hadley Trading Solutions ’s control. Hadley Trading Solutions may reasonably decide not to execute a trade and cancel your buy/sell order and return the funds into the account/wallet which they were sent from. Hadley Trading Solutions will exercise reasonable care to notify you of these events and when you receive a notification you must check your account and any pending or cancelled transactions.
- Hadley Trading solutions will execute your order within 2 business days of receiving the funds or Coins into our bank account or wallets. We are not liable for any losses that occur as a result of this time delay.
- In the unlikely event that the customer sends Coins to the wrong wallet address, those Coins are lost and we are unable to retrieve them.
- Example, sending bitcoins to a bitcoin cash deposit address will result in ALL bitcoins sent lost. There are no exceptions and it is the nature of cryptocurrencies.
- Example, mis-typing the correct sending address we provide on our website or via email, will result in ALL bitcoins sent lost. There are no exceptions and it is the nature of cryptocurrencies.
- Rouge Coins refer to any Coins that have been deemed ‘lost’, these rouge Coins will be held by us for a period of 28 days prior to which it will be the duty of the customer who sent the Coins to prove to us, beyond reasonable doubt, that they are in fact the source of the transaction. After 28 days have passed since the Coins have been deemed as rogue Coins they will be absorbed by Hadley Trading Solutions and no further course of action will be taken.
- In the unlikely event the customer sends Coins to our deposit address during the process of a sale order without attaching the correct order number we provide, we make no guarantees that we can verify the transaction. We will use best endeavours to verify this transaction. We may ask you to provide a photograph of the transaction from your wallet, provide the date and time it was sent and/or other information we may deem necessary to verify from where the transaction originated. If there is reasonable doubt and the transaction is not uniquely identifiable, we have no option but your consider your Coins as rogue Coins.
- In the unlikely event we receive Coins without prior expectation these Coins are considered as rogue Coins.
- Example, a customer submits a Sell Order and sends their Coins to our deposit address, but neglects to initially contact us for the necessary identifying order number. These coins are deemed rogue Coins.
- We clearly state the process of buying/selling Coins on our website and it is the customer’s responsibility to follow the process and contact us if they believe something has gone wrong.
- A commission fee applies to all transactions where Coins are purchased or sold on the customer’s behalf. These fees are subject to change at Hadley Trading Solutions discretion, customers will be notified via email if any change occurs, including periodic offers in which fees are temporarily reduced.
- Hadley Trading Solutions website has our fees listed on the ‘Our Fees‘ page and these fees will be calculated based on the total fiat value of the Buy/Sell Order prior to purchase. Our fees are the same for both
- It is up to the customer prior to purchase to be aware of any fees that are payable in relation to their Buy/Sell Order prior to purchase. A comprehensive list of all fees are found on our ‘our fees‘ page. Once the customer elects an endpoint for Coins or funds we have processed on their behalf, we will generate an invoice clearly listing all the fees paid.
- Due to the nature of the Services provided by Hadley Trading Solutions no refunds can be issued once the Coins or funds have been processed by us and we have executed your order. If however a customer contacts us before the Coins/funds have been processed we will refund the customer without taking fees.
- If a customer wishes to cancel or reverse the Buy/Sell Order once it has been labelled as ‘processed’ in our system, this request will be denied and the order will be processed as a normal transaction until complete. The customer is entitled to initiate another Buy/Sell Order in an attempt to recover any losses incurred from the initial transaction (See Liability section). This transaction would be treated like any other and thus subject to any fees payable.
- A customer may lodge a ‘cancellation request’ for an order under the View Order page on the website, this request is subject to the conditions above. This option is unavailable for customers that purchase any products without being logged in, and these customers must contact us via email or phone in regards to cancelling an order.
- Purchase order example.
- A customer purchases the product ‘EOS’ and selects the $1000 option. This customer has now placed an order for $1000 worth of EOS and our fee is 3% + $20 for this transaction.
- Sell order example
- A customer wishes to sell 4 Bitcoins. The market value of these 4 bitcoins in this example is $18500, and for this transaction our fee is 2.5% + $20.
- Purchase order example.
- By using the Hadley Trading Solutions website, you accept and acknowledge that we may adjust our conversion fees at any time.
- Fees payable in a purchase order are as follows, Hadley Trading Solutions commission fee, BPAY deposit fees from exchanges we use, trading and withdrawal fees from the digital currency exchanges we use to Buy/Sell Coins. GST is not yet applicable to Hadley Trading Services.
- Fees payable in a sale order are as follows, Hadley Trading Solutions commission fee, withdrawal and trading fees from the digital currency exchanges we use to buy/sell Coins. GST is not yet applicable to Hadley Trading Services. Withdrawal fees are only payable in certain circumstances. These circumstances are as follows;
- Certain Coins we have listed to sell require an additional step to be converted into a fiat currency to send to the customer. These Coins will be marked with an * on the ‘sell cryptocurrencies‘ page.
- This extra step requires having to sell a customer’s Coins on one exchange, e.g Binance, for a secondary Coin that is able to be traded for $AUD on another exchange, e.g Coinspot. Unlike the unmarked Coins in which the customer’s Coins can be sold without having to buy a secondary Coin.
- We may delay, suspend or cancel a transaction if we believe the transaction may be subject to illegal activity and fraud.
- We reserve the right to delay, suspend or cancel a trade or transaction if there are technical reasons that prevent us from completing the transaction, or if Hadley Trading Solutions is unable to execute the transaction. This may be subject to reliance on a third party supplier, where we have reasonable belief that the trade is subject to illegal activity or fraud, technical difficulties or subject to a law enforcement action.
- The ‘Refer a Friend’ offer is subject to change at any time. This offer is only redeemable on Buy Orders you will be notified via email of any credit you have received.
- This works by Customer A placing a Buy Order and then referring Customer B who places, for example, a Buy Order worth $1000. Our fee on that Buy Order is $45 so Customer A will receive 50% of that fee and they will be notified they have $22.50 of redeemable credit on their next Buy Order.
- This redeemable credit cannot be split across several Buy Orders and the Customer must use the full amount of redeemable credit if they wish to apply any redeemable credit at all.
- Hadley Trading Solutions may suspend, limit, restrict, deactivate or terminate your access to Hadley Trading Solutions ’s website and Services, including your Hadley Trading Solutions account, if:
- You gain or attempt to gain unauthorised access to the website or another Hadley Trading Solutions member’s account;
- There is a technical or operational difficulty;
- You use the Hadley Trading Solutions website in order to perform illegal or criminal activities;
- Your use of the Hadley Trading Solutions website is subject to any pending investigation, litigation or government proceeding;
- You fail to pay or fraudulently pay for any transactions;
- We are unable to support your use;
- Hadley Trading Solutions receive a request from a law enforcement or government agency to do so.
- You may cancel your Hadley Trading Solutions account at any time, following the settlement of any pending transactions or trades. You will not be charged any fees for cancelling your Hadley Trading Solutions account, however you must pay any outstanding amounts owed to us.
- To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Hadley Trading Solutions (and each of its directors, employees, service providers, members, representatives and agents, collectively the “Indemnified Parties”) from and against all claims, demands, actions, suits, proceedings, liabilities, losses, damages, penalties, fines, expenses and costs (including reasonable legal costs awarded by a court) which arise out of or relate to:
- your conduct and use of our website and Services;
- your breach of any law, regulation or rule;
- your violation or breach of Hadley Trading Solutions ’s copyright, intellectual property, trade secrets, patents, trademarks, service marks or any other proprietary right under law;
- any information that you provide to us via our website and Services; or
- any damage that you may cause to our website and Services, to any Hadley Trading Solutions user or any other person or entity.
- This indemnity includes without limitation, liability relating to intellectual property rights, defamation and breaches of privacy.
- To the maximum extent permitted by law, Hadley Trading Solutions does not guarantee the quality, performance or fitness for purpose of the website and Services or the completeness, accuracy or currency of statements, representations and information of others (including without limitation data, reports and analyses) provided via the website and Services and Hadley Trading Solutions will not be liable to any person or entity for any direct, indirect, consequential or other loss, damage, liability, claim or expense (however caused, including due to negligence or breach of contract) which may arise out of, or in connection with, the use of the website and Services or the use of or reliance on information contained on or linked to the website and Services.
- To the maximum extent permitted by law, the total aggregate financial liability of the Indemnified Parties to you, whether in contract, tort or statutory liability or otherwise, is limited to supplying the website and Services again or payment of the cost of having the website and Services supplied again.
- We do not provide any warranty in relation to your use of Hadley Trading Solutions’ website and Services and we do not provide any warranty that the information displayed on our website and in relation to the Services is up-to-date, accurate or complete. Hadley Trading Solutions’ website and Services does not provide information to evaluate whether or not you should invest, use and trade in Coins. We give no warranties, guarantees or accept any liability (except that which cannot be excluded by law) in relation to the statements, representations and information of others (including without limitation data, reports and analyses) displayed on our website and in relation to the Services.
- You should independently satisfy yourself as to the information provided through Hadley Trading Solutions’ website and Services. You agree to use Hadley Trading Solutions’ website and Services at your sole risk and at an “as is” basis.
Use of our Website and Services
- The transmission of information over the Internet (including to or from the website) is not completely secure or error free. In particular, emails to or from us and information submitted to or accessed via this website may not be secure and you should use discretion in deciding what information you send to us via these means.
- Emails to and from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code.
- You acknowledge that you use the website and Services (and obtain and transmit data to it) entirely at your own risk, that it is provided on an ‘as is’ basis and that we do not make any representations or warranties as to the security, availability of our website and Services or that your access or use will be uninterrupted, timely or secure.
- Hadley Trading Solutions securely stores information in order to maintain the security and integrity of the system. We are committed to protecting users’ Coins, funds and other information we collect from you and hold in highly secure data centres. We ensure that your information is safe by managing access controls, such as identity, access management, permissions and security credentials. Access to personal information is only granted to an employee of Hadley Trading Solutions to carry out duties required to support our customers.
- Hadley Trading Solutions provides the option to use a two-factor authentication process when logging into the website in order to verify your identity, maintain security and prevent any fraud.
- As part of Hadley Trading Solutions commitment to protecting your Coins and funds, all significant financial transactions made by you from the Hadley Trading Solutions website or, upon your request, from our wallets to another third party website, platform or user, as well as all AUD proceeds from sale orders to your personal bank account, may be required to be performed using Hadley Trading Solutions’ two-factor authentication. Hadley Trading Solutions users may be required to implement and use two-factor authentication for all transactions to buy and sell Coins. It is your responsibility to implement such measures, programs and applications onto your computer and/or phone, such as Google authenticator, and how to use these security measures in order to complete the transaction.
- As part of operating our website and Services, Hadley Trading Solutions may hold your funds, assets or Coins on different exchange platforms.
- By using our website and Services, you agree to provide us with current, accurate and complete information, including any personal information, and agree to keep such information up to date.
- Hadley Trading Solutions may provide your personal information or any other information such as your IP address or when your account was last accessed if requested by a law enforcement agency or government agency.
- By creating a Hadley Trading Solutions account, you authorise Hadley Trading Solutions to make enquiries to verify your identity either directly or through third parties, in order to protect our website, Services and other users against fraud. In order to verify your account, you will provide us with personal information which will be verified against databases in your country, as such it is imperative that you provide us with accurate and up-to-date information. The verification of your identity and on-boarding of your account may take up to 10 business days to complete. You represent and warrant that the information you provide to us through our website is correct and up-to-date.
- We cannot guarantee the identity of any other user, receiver or other party you engage with.
- You agree that you will not use any other Hadley Trading Solutions account other than your own account, or access the account of another member or assist others in obtaining unauthorised access. If you use or obtain access to a Hadley Trading Solutions account, other than your own, this will result in immediate suspension and possible termination of your account. Any pending transactions or trades will also be suspended.
- You are accountable for maintaining and preserving the confidentiality of your account information, your personal information you provide to Hadley Trading Solutions, the strength level of your password, whether you implement a two-factor authentication (unless otherwise stipulated in these Terms and Conditions), protecting your Coins by using a digital wallet and any other activities you undertake when using our website and Services. Hadley Trading Solutions recommends you implement and use two-factor authentication at all times when transacting on the website and a digital wallet to protect your crypto and Coins as well as personal information when holding your Coins outside the website.
- You must notify Hadley Trading Solutions immediately of any unauthorised access or use of your account, password or any other applicable breach of our website and Services by submitting a support request on our website.
Linking and Framing
- This website may contain links to other websites (Third Party Website) and may display content or information from other websites within frames on this Website (Third Party Content). When you click on those links or access Third Party Websites through the website, we may earn a payment as a result of that advertising or that referral.
- We are not responsible or liable for the Third Party Website, any Third Party Content nor for any infringement of third party intellectual property rights as a result of hosting links to Third Party Websites and Third Party Content on the website.
- We are not responsible or liable for the handling, use or disclosure of any personal information collected by a third party (including information collected through a Third Party Website) and we are released from any liability resulting from the third party’s failure to handle, use and disclose your personal information in accordance with the Privacy Act 1988 (Cth).
- We do not warrant the accuracy, currency or suitability for any purpose of the Third Party Websites or Third Party Content nor do we endorse the offers, products or services which they promote.
- All statements, representations, offers, products or services provided through Third Party Websites and Third Party Content are the sole responsibility of the operator of the Third Party Website or the author of the Third Party Content and in so far as such links to Third Party Websites or Third Party Content are hosted on the website they are done so at the request of the operator or author for the purposes of promoting their offers, products and services. Except where expressly stated otherwise, we do not act as agent, representative, partner or in any other capacity on behalf of such operator or author.
- Not all information, graphics, data, prices, charts, video, audio and any other material displayed on or available on the website, is owned or used under license by us, except where expressly stated in these Terms and Conditons or elsewhere on the website.
- This website and any intellectual property which vests in either of them is protected by copyright. You may download and print content from this website for your own personal or internal business purposes only. You must not publish, adapt, communicate to the public, distribute to third parties, amend or make any other copy of information on this website without our prior written consent or otherwise do anything which would infringe our intellectual property rights in the website.
- All trademarks, registered trademarks, product names, logos and company names mentioned on this website are either owned by us or are displayed under licence or with permission from the owner. Those third-party marks, logos and names remain the property of their respective owners.
- Reference on the website to any companies, products, services, branding, offers or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us or the respective trademark owner.
- Hadley Trading Solutions will communicate with customers by email and telephone and will never provide links to other websites or request sensitive information such as 2-factor codes and passwords. If you are not sure if the email or telephone call you received is secure and from a trusted source, please contact us and we will be able to assist you.
- By using Hadley Trading Solutions’ website and Services, you accept that it is your responsibility to determine whether and to what extent, any taxes apply to any transactions or trades you conduct through our Services. It is also your responsibility to seek professional tax advice with respect to personal, business and self-managed super-fund as well as to ensure that you are compliant and that the website and features satisfy your requirements. Hadley Trading Solutions does not provide any advice or take any responsibility for information that you receive through our website and Services.
- The Terms and Conditions published on the date you view them on the website supersede all prior versions.
- If any provision of the Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining parts of the Terms and Conditions will be in full force and effect.
- If we are unable to perform our Services as stipulated in the Terms and Conditions due to circumstances out of our control, including but not limited to, change of law, regulations or policy, or an event of Force Majeure, we will not be held liable.
- These Terms and Conditions are governed by the laws of the State of Victoria and in the event that we have a legal dispute relating to this website or these Website Terms and Conditions, the Courts of Victoria will have non-exclusive jurisdiction.