Termsand Conditions
Termsand Conditions
Termsand Conditions
VERSION: 001
DATE: 25 JUNE 2021
Terms and Conditions 2
1. Introduction
1.1. Thank you for visiting www.mexdigital.com, a website, service and platform that provides various
services including to Spot Digital Asset Trading which will enable Crypto and Fiat deposits and
withdrawals.
1.2. In these website terms and conditions (Terms), references to we, us, our, means
www.mexdigital.com. References to you and your, are to users of our website.
2.1. These Terms, together with the documents referred to in it, set out the terms and conditions on
which you make use of www.mexdigital.com. Please therefore, read these Terms carefully before
you start to use www.mexdigital.com. By using our website, you confirm that you accept these Terms
and that you agree to comply with them. If you do not agree to these Terms you must not use our
website.
3.1. These Terms refer to the following additional terms, which also apply to your use of our website:
4.1. www.mexdigital.com is a website operated by MEX Digital Pty Ltd, incorporated under the
Corporations Act in Australia (Registered Number 645164209) and having their Registered Office at
Suite 6103 Level 61, 19-29 Martin Place, Sydney, NSW 2000, always trading as “MEX Digital”.
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4.3. If you have any queries or concerns regarding www.mexdigital.com or the information contained on
it, please contact support@mexdigital.com.
5. Website Content
5.1. The content on our website is provided on an “as is” basis and all information, commentary and other
materials displayed on our website are intended for general information purposes only. It is not
intended to amount to advice on which you should rely. You must obtain professional or specialist
advice before taking, or refraining from, any action on the basis of the content on our website.
5.2. We update our website regularly and may change the content at any time. Although we make
reasonable efforts to update the information on our website, we make no representations,
warranties or guarantees, whether express or implied, that the content on our site is accurate,
complete or up to date. Therefore, we disclaim all liability and responsibility arising as a result of any
reliance placed on such information, commentary or other materials contained on
www.mexdigital.com by any visitor to our website, platform or by anyone who may be informed of
any of its content.
Website access
6.1. Our site is made available free of charge. We do not guarantee that our site, or any content on it,
will always be available or be uninterrupted. If our website is unavailable for any reason and at any
time (including for any period of time), we shall not be liable to you for such an occurrence.
6.2. In order to register on our website, you must be 18 years or older. Only one registration is allowed
per person and once registered, you must ensure you keep your registration information up to date.
6.3. We may in our absolute discretion, suspend, withdraw or restrict access to all or some parts of our
website to any persons, which shall include, for the avoidance of doubt, users who have registered
with us.
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Termination of access
6.4. We may in our absolute discretion, terminate your access to www.mexdigital.com at any time and
without notice.
6.5. If you establish an account with us, you are responsible for maintaining the confidentiality of your
user ID and password, and you are responsible for all activities that occur under that user ID or
password. You agree that you will not allow anyone to use your account and that you will not use
anyone else's account.
6.6. We have the right to disable any user ID or password, whether chosen by you or allocated by us, at
any time, if in our reasonable opinion you have failed to comply with any of the provisions of these
Terms.
6.7. If you know or suspect that your user ID or password has been unlawfully disclosed or there has been
a known or possible breach of security, you must promptly notify us at support@mexdigital.com.
7.1. All intellectual property rights contained on the website and any and all materials published on the
website are owned and/or licensed by us with all such rights reserved.
7.2. Except as expressly provided in these Terms, no part of www.mexdigital.com may be copied,
reproduced, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in
any way (including mirroring) to any other computer, server, website or other medium for
publication or distribution or for any commercial enterprise, without MEX Digital’s express written
consent.
7.3. You may download publicly available content on www.mexdigital.com only for your personal, non-
commercial use, provided that:
• you keep intact all copyright and other proprietary notices; and
• if you are copying or use of copyrighted materials on www.mexdigital.com is other than “fair use”
under applicable copyright laws, you must seek permission directly from us.
7.4. If you print off, copy or download any part of our website in breach of these Terms, your right to use
our website will cease immediately and you must, at our option, return or destroy any copies of the
materials you have made.
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8.1. Where our site contains links to other sites and resources provided by third parties, these links are
provided for your information only. Such links should not be interpreted as approval by us of those
linked sites or information you may obtain from them. We have no control over the contents of those
sites or resources. We exclude, to the fullest extent permitted by law, all liability that may arise in
connection with or as a result of such external site material causing any damage, costs, injury or
financial loss of any kind.
8.2. You may link to our home page, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it. You must not establish a link in such a way as to
suggest any form of association, approval or endorsement on our part where none exists. You must
not establish a link to our site in any site that is not owned by you.
8.3. Our site must not be framed on any other site, nor may you create a link to any part of our site other
than the home page. We reserve the right to withdraw linking permission without notice. The site in
which you are linking must comply in all respects with the content standards set out in our
Acceptable Use Policy. If you wish to link to or make any use of content on our site other than that
set out above, please contact support@mexdigital.com.
9.1. Whenever you make use of a feature that allows you to upload content to our website, or to make
contact with other users of our website, you must comply with the content standards set out in our
Acceptable Use Policy.
9.2. You warrant that any such contribution does comply with those content standards, and you will be
liable to us and indemnify us for any breach of that warranty. This means you will be responsible for
any loss or damage we suffer as a result of your breach of warranty.
9.3. Without prejudice to our rights and obligations in relation to your personal information as set out in
detail in our Privacy Policy, any material you upload to www.mexdigital.com will be considered
strictly confidential.
9.4. We have the right to remove any posting you make on our website if, in our opinion, your post does
not comply with the content standards set out in our Acceptable Use Policy.
9.5. You are solely responsible for securing and backing up your content.
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11. We Are Not Responsible For Viruses And You Must Not Introduce
Them
11.1.We do not guarantee that our site will be secure or free from bugs or viruses.
11.2.You are responsible for configuring your information technology, computer programs and platform
to access our site. You should use your own virus protection software.
11.3.You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other
material that is malicious or technologically harmful. You must not attempt to gain unauthorised
access to our site, the server on which our site is stored, or any server, computer or database
connected to our website. You must not attack our site via a denial-of-service attack or a distributed
denial-of service attack. We will report any such breach to the relevant law enforcement authorities,
and we will co-operate with those authorities by disclosing your identity to them. In the event of
such a breach, your right to use our site will cease immediately.
12.1.We shall comply with all applicable data protection legislation, including the EU General Data
Protection Regulation (“GDPR”), the Privacy Act 1988 (“Privacy Act”) and any other national
implementing laws, regulations and secondary legislation relating to data protection or privacy, as
each of the foregoing may be amended, updated, consolidated, replaced and/or re-enacted from
time to time.
12.2.We shall use and process your personal information in accordance with our Cookie Policy and Privacy
Policy.
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13.1.Whilst we try to ensure that all information on our website is accurate, no guarantees,
representations or warranties are given that the content of our website is accurate, complete, up to
date or error free. Use of www.mexdigital.com is entirely at your own risk.
a) all conditions, warranties and other terms which might otherwise be implied by statute, common
law or the law of equity
b) any liability for any direct, indirect or consequential loss or damage incurred by any user in
connection with our website or in connection with the access, use, inability to use, or results of the
use of our website, any websites linked to it and any materials posted on it, including liability for:
• loss of business
• loss of income or revenue
• loss of profits or contracts
• loss of anticipated savings
• loss of data
• loss of goodwill
• wasted management or office time
• loss or damage caused to any equipment or software
• any other loss or damage of any kind, however arising and whether caused by tort (including
negligence), breach of contract or otherwise, even if foreseeable.
13.3.We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses,
malicious code or other technologically harmful material that may infect your computer equipment,
computer programs, data or other proprietary material due to your use of www.mexdigital.com or
to your downloading of any material posted on it, or on any website linked to it.
13.4.This does not affect our liability for death or personal injury arising from our negligence, nor our
liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or
limited under applicable law.
14. Severability
14.1.In the event any provision or part-provision of these Terms is found by any court or other authority
of competent jurisdiction to be invalid, unlawful or unenforceable, that provision or part-provision
shall, to the extent required, be deemed not to form part of these Terms and the validity and
enforceability of the other provisions of these Terms shall not be affected.
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15. Variation
15.1.MEX Digital may at its sole discretion amend these Terms at any time. Every time you wish to use
our website, please check these Terms to ensure you understand the terms that apply at that time.
16.1.These Terms shall be governed by, and construed in accordance with, the laws of Australia. Any
dispute arising out of or in connection with these Terms, including any question regarding their
existence, validity or termination, or arising from or related to use of our website, shall be subject to
the exclusive jurisdiction of Australia.