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Terms of Use

MoonPay AUS Pty Ltd Terms of Use

EFFECTIVE DATE: March 12, 2025

1. Overview

  1. This is a contract between you and MoonPay AUS Pty Ltd (ACN 669 772 285), a company incorporated in Australia (MoonPay AUS, we, us and our). MoonPay AUS operates the MoonPay platform (the Platform) in Australia, available at unknown node (our Website) and associated Services. Please read these Terms of Use carefully as they apply to your use of the Platform including any content on it and the provision of our Services, as described in clause 5. This includes the use of our Services through our Website (including any sub-domains), Application Programming Interfaces (APIs), or mobile applications (together, our Site).
  2. These Terms of Use set out the legally binding agreement between you (you, your, customer, user) (as the person accessing or using the Platform) and MoonPay AUS. By creating an Account or accessing or using the Platform and our Services, you agree to be bound by these Terms of Use, our Privacy Policy and Cookie Policy (collectively our Terms and Conditions). This agreement comes into effect when you confirm electronically that you agree to it. We recommend you retain a copy of these Terms of Use and your transaction records. 
  3. We may update these Terms of Use at any time by providing you with written notice to the email address you have nominated in relation to your Account. If the changes to the terms will impact your rights, we will give you reasonable prior notice of the changes. Otherwise, the updates will take effect on the date specified in the notice. Your continued use of the Site and Platform after any updates have come into effect, will constitute your acceptance of the updated Terms of Use.  If you do not agree to these Terms of Use or any subsequent modification, you will not be permitted to access the Platform or use the Services, and your Account will be closed at that time. 
  4. To contact us, please email [email protected].

2. Disclaimer

2.1 Cryptocurrency risks

You understand, acknowledge and accept the following:

  1. Use of Cryptocurrency may be illegal or prohibited in some jurisdictions. It is your responsibility to know the regulatory requirements concerning transactions with Cryptocurrency in your jurisdiction before using our Services.
  2. The risk of loss in trading or holding Cryptocurrency can be substantial. You should carefully consider whether trading or holding Cryptocurrency is suitable for you, considering your financial position and specific needs. In considering whether to trade or hold Cryptocurrency, you should be aware that: 
    1. when you buy, sell or transfer Cryptocurrency you are dealing with a digital asset. This means that, like any other digital system, Cryptocurrencies are at risk of being hacked or affected by technical problems. This could result in you losing your Cryptocurrency or delay your ability to sell, transfer or spend it; and
    2. the price or value of Cryptocurrency can change rapidly, decrease, and potentially fall to zero. Factors that may affect the value of a Cryptocurrency include a change in governing regulation, introduction of new Cryptocurrencies, or a change to how a Cryptocurrency works.  
  4. You acknowledge that MoonPay AUS is not responsible for safeguarding or holding your Cryptocurrency, or any private keys or other security information to access your Cryptocurrency and that MoonPay AUS is not responsible for any loss of Cryptocurrency resulting from theft, loss, or mishandling of Cryptocurrency private keys or other security information outside its control.  
  5. Every purchase and sale of Cryptocurrency is effected on and confirmed by the respective network of that Cryptocurrency. The confirmation takes a period of time (usually less than one hour, but possibly one day or more). An Order is not complete until it is confirmed. Cryptocurrency associated with Orders that are in a pending state will be designated accordingly.

2.2 MoonPay AUS

MoonPay AUS: 

  1. is not a custodian of your funds, Cryptocurrency or other assets;
  2. does not provide any custodial Wallet;
  3. does not hold, safeguard or administer any private keys or other security information or Cryptocurrency for its Customers;
  4. does not facilitate or provide financial services including any investment or brokerage accounts or facilities or investment or any other financial advice; and
  5. is registered with the Australian Transaction Reports and Analysis Centre and is required to comply with Applicable Laws. You acknowledge and agree to provide all reasonable assistance to us in complying with our obligations.

2.3 No AFSL or Australian market licence

  1. We will not support the exchange of Cryptocurrency that are financial products through the Services.
  2. You acknowledge and agree that we do not hold, or operate under an Australian financial services licence or an Australian market licence.
  3. When you buy Cryptocurrency through MoonPay, it will not be protected by the Financial Claims Scheme and you will not have recourse to the Australian Prudential Regulation Authority.

3. Eligibility

3.1 Eligibility to open an account

  1. To open an Account, you (the User) must: 
    1. be at least 18 years old;
    2. have sufficient capacity to enter legally binding contracts; 
    3. reside in Australia; 
    4. provide any documentation reasonably requested by us or an agent we have appointed to identify and verify your identity; and
    5. complete the registration process described in clause 4. 
  3. By applying to open an Account and use the Platform and Services, you acknowledge and confirm that you meet the criteria in subclause (1).

4. Registration, account and security

4.1 Registration

  1. To use our Website you are not required to create an account. However, our Platform and Services are restricted to Account holders.
  2. To use the Platform and our Services, you must register for an Account and accept our Terms and Conditions, including where you are referred to us by our Partners via Partner Sites. 
  3. Upon successful completion of the registration process, MoonPay AUS will establish your Account. 
  4. We may, in our sole discretion, without providing reasons: 
    1. refuse to open an Account for you; or 
    2. suspend or terminate your access to the Platform, our Services or any Account in accordance with clause 9. 
  6. As part of the registration process:
    1. you must provide MoonPay AUS with the information that is requested as part of the Account opening process to identify and verify your identity and permit us to keep a record of such information; and
    2. you may be required to complete an appropriateness assessment or provide other information to us. 
  8. In providing us with information that we request, you confirm that the information is accurate and correct.
  9. You must keep your details up to date at all times.
  10. You must not:
    1. register multiple times; or
  12. impersonate or create an account for any person other than yourself except where you have been authorised to create a non-individual account.

4.2 Account access and security

  1. You are fully responsible for all activity that occurs under your Account. 
  2. Each User will be provided with credentials to access and use their Account. Each User must keep their credentials confidential and must not disclose them to any third party.
  3. You must notify us immediately at unknown node if a User has lost their access credentials or reasonably suspects that their Account has been accessed without their permission.
  4. Each User is solely responsible for any use of the Platform or our Services where access is gained using their access credentials. You will be liable for all of the acts and omissions of any person using the Platform and our Services with your access credentials as if those acts or omissions were your own.
  5. If you have lost or forgotten your password, you can request to initiate a password recovery process. 
  6. You must monitor your Account and read all messages that have been sent to you.  If you suspect that any feature of your Account (for example login details, password or other security feature) has been lost, stolen, misappropriated, used without authorisation or otherwise compromised, you must contact us immediately notifying us of such action and you agree to change your password immediately if necessary.
  7. We will never ask you to share your password with us or to any third party and you must never disclose this to anybody or allow someone to watch you when you are accessing your Account. To keep your Account safe, change your password regularly as this will minimise the risk of your Account being compromised. 
  8. You must also ensure that your registered email account(s) are secure and can only be accessed by you, as your email address may be used in the process of resetting passwords and we may send communications to your email account regarding the security of your Account with us. In case any of the email addresses registered with your Account are compromised, you should, immediately contact us, once you have been made aware of this.
  9. You may cancel your Account, by notifying us at unknown node and providing your account details and authorisation. 

5. Services provided to you

5.1 Cryptocurrency exchange

  1. When you buy, sell or swap Cryptocurrency on the Platform, you are transacting with MoonPay AUS directly. MoonPay AUS does not act as an intermediary or marketplace between other buyers and sellers of Cryptocurrency.
  2. MoonPay AUS will send Cryptocurrency to the Wallet address indicated at the time of the Order, subject to these Terms of Use.
  3. At no point during the purchase or sale of Cryptocurrency, will MoonPay AUS be in possession or in control of client funds.
  4. Orders through MoonPay AUS are executed individually.
  5. You purchase, sell or swap Cryptocurrency from and to us, through our Platform subject to the applicable fees and limits displayed during the purchase and sale flow. The price, exchange rate and amount of the Cryptocurrency you wish to purchase, sell or swap will be confirmed at the time that you place an Order with us and by accepting, you agree to pay the confirmed amount.
  6. Acceptance by us of an Order does not guarantee you will receive the corresponding amount of Cryptocurrency or fiat currency. The Order is conditional upon actual receipt, by us, of the funds from your credit or debit card (or in the case of a swap, the applicable Cryptocurrency), as well as payment of applicable Fees.
  7. Subject to subclause (6) and the Order being honoured by the Customer’s bank, card provider or other relevant party, Cryptocurrency purchases and swaps will be credited to the Cryptocurrency Wallet, as provided by you at the time of the Order, as soon as possible once the Cryptocurrency purchase has been confirmed by the Cryptocurrency network. Once submitted to a Cryptocurrency network, a Cryptocurrency purchase will be unconfirmed for a period of time pending sufficient confirmation of the Order by the Cryptocurrency network. Orders in a pending state will not be credited to a Wallet.
  8. Subject to subclauses (6), (11) and (12), Cryptocurrency sales will be debited to a Wallet, as provided by you at the time of the Order, as soon as possible once the Cryptocurrency sale has been confirmed by the Cryptocurrency network. Once submitted to a Cryptocurrency network, a Cryptocurrency sale will be unconfirmed for a period pending sufficient confirmation of the Order by the Cryptocurrency network. Cryptocurrency Orders that are in a pending state will not be debited to the Wallet. Once the Cryptocurrency sale is confirmed, fiat funds will be credited to the Customer’s bank, card provider or other relevant party. 
  9. MoonPay AUS may use a third-party payment processor to process any fiat payment between you and MoonPay AUS.
  10. If you set up a recurring purchase or sale of Cryptocurrency (Future Transaction), you authorise us to initiate recurring electronic payments in accordance with your selected Cryptocurrency Order. Your Future Transactions will occur in identical, periodic instalments, based on your period selection (e.g., daily, weekly, monthly), until either you or MoonPay AUS cancels the Future Transaction. This authorisation will remain in full force and effect until you change your Future Transaction settings or until you provide us with written notice via unknown node. 
  11. MoonPay AUS will use good faith efforts to fulfil Orders at the time you place an Order, including the applicable fee and costs. However, from time to time, it may be necessary for MoonPay AUS to delay fulfilment of an Order until such time as we are able to execute the Order. In such cases, we will notify you prior to the completion of your Order:
    1. the amount of Cryptocurrency you will receive; and
    2. the price at the time (including associated fees and costs).
  13. MoonPay AUS does not have any control over transaction times for the Cryptocurrency network and there may be instances where transaction times may take longer than usual.  As such, you accept the risk that an Order facilitated by MoonPay AUS may be delayed and you confirm that you will not hold MoonPay AUS responsible for any losses, damages or injury arising out of or related to such delay.
  14. Cryptocurrency transactions are irreversible. Once you have placed an Order it cannot be cancelled, recalled or retrieved. 
  15. You will not be entitled to any credit or refund and all purchases, sales, and swaps of Cryptocurrency are final. MoonPay AUS's obligation towards you will be absolutely discharged upon delivery of the Cryptocurrency to your Wallet or fiat funds to your bank account and you shall have no claim or right against MoonPay AUS upon such delivery.
  16. It is your sole responsibility to be vigilant of any fraud or mistake and to keep your private key safe.  MoonPay AUS will not issue refunds, regardless of whether you were the victim of fraud, mistake or loss of private key.
  17. If an Order for a Cryptocurrency swap fails for any reason, including if we requote a swap quote to you because of price volatility and you reject the requote, there will be an automatic refund to you, minus any applicable Fees.

5.2 Service discontinuation

  1. MoonPay AUS reserves the right to cease offering any Service at any time, in its discretion.
  2. Where MoonPay AUS does cease offering a Service, MoonPay AUS will provide with at least 10 Business Days’ notice of any such cessation and available next steps.

6. Fees

  1. All fees payable under our Terms and Conditions are displayed on the Website and will be notified to You prior to the purchase or sale of Cryptocurrency. All Fees are payable in AUD. 
  2. You will be asked to confirm that you are clear about the fee and in proceeding you agree to the fee prior to MoonPay AUS executing the Order. 
  3. MoonPay AUS reserves the right to pursue any financial losses suffered due to you filing a chargeback procedure with your bank. These can include administration fees levied by the card acquirer and card schemes as well as the monetary value of the Cryptocurrency.

7. Transactions limits and enhanced due diligence

  1. The use of Services is subject to a limit on the volume, stated in AUD or other fiat currency you may transact or transfer in a given period (e.g. daily). To view your limits, login to your Account. Your transaction limits may vary depending on your payment method, verification steps you have completed and other factors. We reserve the right to change applicable limits as we deem necessary. Where possible will provide advance notice to you. In some cases this will not be possible, and you will be informed after any changes to the applicable limits have taken place. 
  2. If you wish to change your limit, you may submit a request at unknown node.
  3. We may require you to submit additional information and provide additional records (Enhanced Due Diligence) including if you wish to raise your limits. 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.
  4. We may require you to wait some amount of time after completion of a transaction before permitting you to use further Services and/or before permitting you to engage in transactions beyond certain volume limits.

8. Cryptocurrency storage

  1. When using our Services, you will be asked to provide us with the address for your Wallet by:
    1. providing a QR code which represents your Wallet address; 
    2. manually typing your Wallet address; 
    3. using a Wallet address automatically provided by a MoonPay AUS Partner; or
    4. accessing a non-custodial Cryptocurrency wallet provided by a MoonPay Affiliate.
  3. It is your responsibility to provide us with a true, accurate and complete Wallet address when carrying out an Order.
  4. MoonPay AUS accepts no liability for you providing an incorrect or inaccurate Wallet address. By providing a Wallet address to us, you confirm that this is the Wallet address that should be used for the relevant Order.
  5. You bear all of the risk of any loss of access to your Wallet(s) and any Cryptocurrency contained in your Wallet(s). MoonPay AUS does not control and is not responsible for the Cryptocurrency in your Wallet(s). You are solely responsible for any Cryptocurrency transferred to or from your Wallet(s) and we make no, and hereby disclaim all, representations, warranties, claims and assurances as to any such transactions. If you lose your keys to your Wallet(s), you may lose access to your Wallet(s) and any Cryptocurrency contained in your Wallet(s). 
  6. MoonPay AUS is not liable for fluctuations in the fiat currency value of Cryptocurrency in your Wallet.

9. Suspension, termination and cancellation

  1. MoonPay AUS may:
    1. refuse to complete, or block or cancel transactions you have authorised;
    2. suspend, restrict, or terminate your access to any or all of the Services temporarily or permanently; and/or
    3. deactivate or cancel your Account, with immediate effect if any of the circumstances in (2) apply.
  3. For the purposes of subsection (1), circumstances include where:
    1. you fail to provide any information that MoonPay AUS reasonably requests from you (the nature and extent of the information you are required to provide may differ, for example, based on the Services provided to you) pursuant to Applicable Laws;
    2. we reasonably believe that we need to do so to protect our reputation;
    3. we are, in our reasonable opinion, required to do so to comply with Applicable Laws;
    4. you breach, or we reasonably suspect you have breached, any of these Terms of Use;
    5. we have concerns that a transaction is erroneous or about the security of your Account or we suspect the Services are being used in a fraudulent or unauthorised manner;
    6. we suspect money laundering, terrorist financing, fraud, or any other financial crime;
    7. use of your Account is subject to any pending litigation, investigation, or government proceeding and / or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; and / or
    8. you take any action that may circumvent our controls such as opening multiple Accounts or abusing promotions which we may offer from time to time.
    9. you fail to provide on request such documentation as MoonPay AUS (or any Third Party whose services we use in providing the Services to you under these Terms of Use) reasonably requires in order to comply with its obligations under applicable money laundering laws and regulations or otherwise to ensure the verification of your identity and/or funding sources to MoonPay AUS’s satisfaction.
    10. MoonPay AUS reasonably believes that it is necessary or desirable to do so to protect the security of the Account, including circumstances where any Account details may have been lost or stolen.
  5. In the case of a suspension, MoonPay AUS shall make reasonable efforts to inform you about the withholding or suspension, provided that such disclosure:
    1. is not in breach of any Applicable Laws and does not contravene the instruction of any competent authority or regulator; and
    2. would not compromise MoonPay AUS's reasonable security measures.
  7. MoonPay AUS will not be liable to you for any losses you may suffer as a result of any reasonable action it takes to suspend the Account or withhold settlement of a Cryptocurrency Order in accordance with this clause 9.
  8. Where the reasons for MoonPay AUS's actions under this clause 9 cease to exist, MoonPay AUS may, at its discretion, either reinstate access to the Account and the Services and/or issue the Customer with new Account details and reserves the right to ask you to re-complete the Account opening procedures as outlined in clause 9 and to resolve any open issues with your Account before a restriction can be removed. 
  9. Notwithstanding the above, we may suspend, restrict, or terminate your access to any or all of the Services and/or deactivate or cancel your Account, without reason by giving you 30 Business Days’ notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. We are under no obligation to disclose the details of its risk management and security procedures to you. 
  10. You can cancel your Account, at any time and free of charge, and will only be required to pay for those Services used that are subject to charges. If any Order is in a pending status at the time your Account is cancelled or suspended, such Order will be completed before cancellation is effected. You may not cancel your Account to evade an investigation or avoid paying any amounts otherwise due to MoonPay AUS.  
  11. In the event that you or we terminate these Terms of Use or your access to the Services, or deactivate or cancel your Account, you will remain liable for all amounts due under these Terms of Use prior to this, including all Fees and charges.

10. Taxes

You are responsible for determining whether, and to what extent, any taxes apply to any transactions associated with these Services, You must withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. We are not responsible for collecting these from you, for making any payments on your behalf, or for providing any reports relating to tax.

11. Updates to the Platform

We do not provide any promises that we will make available the Platform for any particular period of time. We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Platform, including:

  1. make enhancements, updates, bug fixes, and modify at any time, the Platform’s functionality, configuration, appearance and content; and
  2. perform routine maintenance on the systems, networks and other resources used to provide the Platform. The Platform may be unavailable, have limited functionality or performance, or access may be restricted, suspended or limited at such times.

The Platform may contain links to other Third Party websites and advertisements which include embedded links, which are provided for your information only. We have not reviewed any of the sites linked to the Platform and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Platform. The inclusion of any link or advertisement does not imply that we endorse or approve the linked site or the subject matter of the advertisement. You access Third Party websites entirely at your own risk and subject to the terms and conditions of use for those websites. We are not liable for Third Party websites and their contents linked to the Platform and we are not liable for the content or correctness of information by third parties via the Platform.

13. Data and protection privacy

  1. We are committed to keeping your personal information safe. We deal with personal information in accordance with applicable data protection legislation. Please read our Privacy Policy to understand how we use and protect the information you provide us. 
  2. We collect personal information about you to process your registration and provide you with access to the Platform and for purposes otherwise set out in our Privacy Policy.
  3. You grant us consent to collect, store, use and disclose personal information in accordance with our Privacy Policy, available on our website, which may be amended from time to time.  
  4. Our Privacy Policy explains: 
    1. how we store and use, and how you may access and correct your personal information; 
    2. how you can lodge a complaint regarding the handling of your personal information; and 
    3. how we will handle any complaint.  
  6. You are not required to provide us with your personal information, but if you do not, we may be unable to provide you with access to the Platform or Services.
  7. We may disclose your personal information to third parties that help us provide the Services (including information technology suppliers, communication suppliers and other contractors) or as required by law. If you do not provide this information, we may not be able to provide all of our Services to you. We may also disclose your personal information to recipients that are located outside of Australia.
  8. You may update any personal information you have given us at any time by emailing unknown node.
  9. We will take steps to protect your personal information, however, as the transmission of information via the internet is not completely secure, we cannot guarantee the security of personal information that you transmit to us or our Platform and do not accept responsibility for the security of information you send to or receive from us over the internet, or for any unauthorised access or use of that information. Once we have received your information, we will use procedures and security features in accordance with good practice to try to prevent unauthorised access.

14. Liability

  1. Our liability to you is diminished to the extent that your acts or omissions (or those of a Third Party) contribute to or cause the loss or liability.
  2. We will not be liable for any failure or delay in performing any of our obligations under these Terms of Use if such delay is caused by a Force Majeure Event.
  3. To the maximum extent permitted by Applicable Laws, we are not liable for, and no measure of damages will, under any circumstances, include: 
    1. special, indirect, consequential, incidental or punitive damages (including but not limited to, loss of use of the Platform, business interruption, costs of substitute services, or downtime costs); or
    2. damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data,
    3. whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage, unless caused by our gross negligence, fraud or wilful misconduct.
  5. To the maximum extent permitted by law:
    1. MoonPay and its directors, employees or agents will not be liable for any loss or damage sustained by you as a direct or indirect result of the provision by MoonPay AUS of the Services.
    2. MoonPay AUS will not be liable for loss of profits, loss of opportunity, loss of business, loss of savings, loss of goodwill, loss of Cryptocurrency,, claims by third parties, loss of anticipated savings (whether direct or indirect) or for any type of special, direct, indirect or consequential loss howsoever caused, even if caused by MoonPay AUS’s negligence and/or breach of contract and even if such loss was reasonably foreseeable or MoonPay AUS had been advised of the possibility of such loss.
    3. MoonPay AUS disclaims all liability associated with the use of Cryptocurrency, including:
      1. unknown inherent technical defects;
      2. regulatory or legislative changes; and
      3. currency fluctuation.
  7. MoonPay AUS shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. It is your responsibility to use a reputable and readily available virus screening and prevention software. SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from MoonPay AUS.

15. Indemnification

  1. Except as otherwise expressly agreed under these Terms of Use, you indemnify and hold us, our Affiliates, members, directors, Partners, officers, employees, contractors and agents harmless from and against any action, claim, demand, Loss, liability or expense of any nature, arising out of or in connection with:
    1. your use of the Platform or Services; 
    2. any default, whether by your act or omission under these Terms of Use;
    3. any breach by you of any Applicable Laws;
    4. any representation or warranty made or given by you under these Terms of Use which may at any time be untrue or incorrect; 
    5. any error, omission, fraud, malfeasance, negligence, misappropriation or criminal act or omission by you, clients, employees, agents or authorised persons, consultants or servants;
    6. any breach of these Terms of Use or Applicable Laws in any jurisdiction by you;
    7. any Content on the Platform shared by you or other users; or
    8. any Third Party websites or resources found through the Services or any users of the Services.
  3. Your liability will be proportionally reduced to the extent that we caused or contributed to the relevant action, claim, demand, Loss, liability or expense. 

16. Use of the Platform

  1. The Platform and our Services are subject to copyright and other intellectual property rights.
  2. We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Platform, and related content, materials, information and information made available through the Platform including data from third parties (Third Parties) (Third Party Data) (collectively, the Content) solely for approved purposes as permitted by us from time to time. This licence will remain in effect until these Terms of Use are terminated or your access to and use of the Platform is suspended or revoked by us in accordance with these Terms of Use.
  3. We, our licensors and Third Parties, retain all right, title, and interest in and to the Platform, the Content produced by and distributed through the Platform, including (without limitation), patent, copyright, trade secret, trade market and other proprietary rights in and to the Platform and any know-how, techniques, methodologies, equipment or processes used by us, the look and feel of the Platform, all software (front-end and back-end), all registered trademarks, trademark applications, trademarks and service marks, trade names, URL registrations and all pricing information and other Content, and nothing you do on or in relation to the Platform will transfer any intellectual property rights to you or, except for the licence referred to in subclause (2), licence you to exercise any intellectual property rights unless this is expressly stated. 
  4. Except as provided in these Terms of Use, you agree not to: 
    1. allow access or use of Content by any person who is not a User including copy, distribute, publicise, transmit, display, modify prepare derivative works based on, report or otherwise use Content in whole or in part for the use of any such person; or
    2. reproduce, distribute, sell or commercial exploit Content in any manner; 

unless prior written consent is obtained from us and which we may withhold for any reason. You may contact us at unknown node if you wish to seek such consent.

  1. Subject to Applicable Laws, we may:
    1. revoke the permission referred to in subclause (2) at any time and may suspend or deny your access to or use of the Platform without notice if you breach, or we reasonably believe you have breached, any of these Terms of Use; 
    2. in our sole discretion, cease to aggregate and display Content on the Platform at any time. 
  3. "MoonPay", moonpay.com and all logos related to the Services or displayed on Platform or Website are trademarks or registered marks of MoonPay Inc or its licensors. Any use of such trademarks may only be allowed after the written consent of MoonPay Inc has been obtained. You must not copy, imitate or use them without our prior written consent or any third party's copyright, trade secret, patent or other intellectual property rights, or rights of publicity or privacy.
  4. For all Third Party Data:
    1. we cannot guarantee and we are not responsible for the accuracy, timeliness or completeness of Third Party Data; 
    2. we do not owe you any obligations with respect to the provision of Third Party Data; and
    3. we will not be liable for Losses arising from your use of Third Party Data which we make available on the Platform unless in the case of our gross negligence, fraud or misconduct in connection with making such data available on the Platform. 

17. General restrictions

  1. When using the Platform, you must comply with all Applicable Laws. Except as otherwise permitted under these Terms of Use, you must not:
    1. provide us with inaccurate or incomplete information;
    2. 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 or Platform, in whole or in part to any other person;
    3. grant any security interest over the Platform;
    4. disassemble, decompile or otherwise reverse engineer the Platform, except as permitted by the Copyright Act 1968 (Cth);
    5. alter, customise, modify or create derivative works of the Platform; 
    6. remove, obliterate or alter any proprietary notice on the Platform;
    7. violate or attempt to violate the security of the Platform;
    8. participate in market manipulation activity of any kind;
    9. make commercial use of the Platform or Services without MoonPay AUS’ written consent;
    10. use, or attempt to use, any Platform access codes other than the access code assigned to you;
    11. disrupt or interfere with the Platform, or any Services, system resources, accounts, servers or networks connected to or accessible through the Platform;
    12. disrupt or interfere with any other User’s use of the Platform;
    13. take any action that imposes an unreasonable or disproportionately large load on the infrastructure we use to provide the Platform; 
    14. use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction or process being conducted on or through it;
    15. use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Platform, or any of the content contained within; or 
    16. use the Platform or Services for unlawful purposes or to breach any laws, including any privacy laws, to which we or you are subject.
  3. The Platform is not available for use by any person in any jurisdiction where (by reason of that person’s domicile, status or otherwise) the availability of the Platform is prohibited. Persons to whom such prohibitions apply must not access the Platform.

18. Warranties and representations

  1. By agreeing to these Terms of Use, you represent, warrant and undertake to us that:
    1. you will only use the Platform and Services in accordance with these Terms of Use;
    2. you have full power and authority to enter into these Terms of Use;
    3. you are not entering into these Terms of Use on behalf of any third party;
    4. you understand and acknowledge that we do not warrant that any of the Services available through our API are suitable or appropriate for your needs and that you must take your own independent legal and other advice on such Services;
    5. you will not violate any Applicable Laws by entering into these Terms of Use or receiving the Services provided under it;
    6. you understand the risks associated with Cryptocurrency;
    7. you provide us with your information, and not that of another person (e.g. bank account, address, email address, Wallet address and phone number);
    8. you will keep your information secure and up to date (e.g. address, email address, Wallet address and phone number);
    9. you will not facilitate any viruses, malware, worms, trojan horses or some other computer programming routines that may damage, corrupt, disrupt, misuse or gain unauthorised access to any data, system information, Services or the Platform;
    10. you have acquired the funds or Cryptocurrency lawfully;
    11. you own the Wallet which you use to buy, sell or exchange Cryptocurrency with us;
    12. you will not use an anonymising proxy; use any, other automatic devices, spider or manual process to copy or monitor our websites without our prior written permission;
    13. you will not harass and/or threaten our employees or agents;
    14. you understand and acknowledge that while we make reasonable endeavours to ensure the accuracy of the information that we provide, and which in turn, is provided to you, neither we nor any of our directors, employees or agents make any representation or warranty, express or implied, as to the accuracy or completeness of such information;
    15. any information provided by you to MoonPay AUS under these Terms of Use is true, complete, accurate, up to date and not misleading; 
    16. you shall provide all assistance reasonably requested by MoonPay AUS to enable MoonPay AUS to comply with its obligations under these Terms of Use; 
    17. you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Services and Website.
    18. your use of the MoonPay Services and the Website is subject to international export controls and economic sanctions requirements and you will comply with these requirements at all times;
    19. you are not in, under the control of or a national or resident of a Sanctioned Country or a Sanctioned Person; and
    20. you do not intend to supply any acquired or stored Cryptocurrency or Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
  3. You are solely responsible for the device on which you use the Platform and our Services (including support and maintenance). 
  4. The Services are provided on an "as is" and "as available" basis, with no further promises made by us around availability of the 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 Platform, any of the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
  5. MoonPay AUS makes no representation or warranty that the Services are applicable or appropriate for use by Customers in all jurisdictions and it is your responsibility to ensure compliance with the laws of any relevant jurisdiction of your residence.
  6. To the maximum extent permitted by Applicable Laws, we expressly disclaim, without limitation:
    1. all warranties of merchantability, and fitness for a particular purpose, non-infringement, or those warranties arising from a course of performance, a course of dealing or trade usage, of the Platform and Third Party Data; and
    2. all warranties for the use of the Platform and Third Party Data with respect to correctness, quality, accuracy, completeness, reliability, performance, timeliness, continued availability or otherwise.
  8. We represent and warrant to you that we have all rights, authority and licenses to provide the Platform and Third Party Data to you. 
  9. With respect to any Third Party Data or other information that we provide to you in connection with your use of the Platform:
    1. we are not responsible or liable if any Third Party Data is inaccurate or incomplete in any respect; 
    2. we are not responsible or liable for any actions that you take or do not take based on such Third Party Data or information;
    3. you will use Third Party Data for the purposes set out in these Terms of Use; and
    4. you will use Third Party Data or information solely in compliance with Applicable Law.
  11. We are not liable for any claims:
    1. relating to any software, technology, equipment, the Platform, the existing technology, data or any other information, materials or currency; 
    2. any communications network, data processing system, or computer system that we use or which is used by you, the User, to the extent that it is rendered inoperable in whole or in part or is subject to delay, disruption, failure, malfunction or error; or 
    3. that the Platform fails to meet the user’s requirements or will be uninterrupted, timely, secure, complete, accurate or free from errors or defects.
  13. We have made reasonable efforts and will continue to do so in the future to exclude viruses or anything else that has contaminating or destructive features, but cannot warrant such an exclusion and we are not liable for any damages including loss of data resulting from any viruses or features. We recommend that you take appropriate steps in respect of any such risk.
  14. Except to the extent required by Applicable Laws, we do not make any representation or warranty, express or implied that the Platform will be compatible with your browser.

18.2 General

  1. All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these Terms of Use and the Platform that are not contained in these Terms of Use, are excluded to the maximum extent permitted by law.
  2. Nothing in these Terms of Use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited.
  3. If any guarantee, term, condition or warranty is implied into these Terms of Use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for a breach of the Non-Excludable Provision is limited to supplying of the Services again, or the payment of the cost of having the Services supplied again.
  4. Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms of Use, the Services or the Platform whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or otherwise, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to any fees paid by you to use the Platform or use the Services.

19. Term

These Terms of Use commence in the manner set out in clause 1 and continue unless either party notifies the other of termination, in writing, in accordance with these terms.

20. Complaints and general queries

  1. If you have any feedback or questions, contact us via our customer support email address at unknown node and provide your name, address, and any other information we may need to identify you, your Account, and the Order on which you have feedback or questions. 
  2. For any complaint relating to the Services, contact unknown node. Should we receive a complaint from you, we will immediately carry out an independent investigation of your complaint and will provide you with a written response. We will aim to respond to you within thirty (30) days of receipt of your written complaint with our final response.

21. General

  1. Additional terms and conditions may apply to specific Services or features of the Platform. Such additional terms and conditions apply in addition to, and prevail over, these Terms of Use.
  2. If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect. 
  3. These Terms of Use are governed by the laws of New South Wales, Australia.  Each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.  
  4. Subject to clause 21(1), these Terms of Use supersede all previous agreements, understandings, negotiations, representations and warranties about its subject matter (including without limitation, any prior versions of these Terms of Use) and embodies the entire agreement between the parties about its subject matter.
  5. Your use of the Platform and our Services is conducted electronically, and you agree that we may communicate with you electronically for all aspects of your use of the Platform and our Services, including sending you electronic notices.  
  6. If sent by email, notice is deemed to be given at the time and on the date of transmission if transmitted during normal office hours (09:00-17:30) on a Business Day (local time at the place of receipt) and, in any other case, at the start of the Business Day following the date of transmission. 
  7. When we communicate with you by posting information in your Account or on the Website, the information will be treated as received by you when it is posted by us.
  8. Any information or notifications that you or we are to provide must be in English. 
  9. The provisions of these Terms of Use which by their nature survive termination or expiry of these Terms of Use will survive termination or expiry of these Terms of Use.
  10. No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
  11. Copies of the most up to date version of these Terms of Use will be made available in the Website and will be provided to you by email on request. 
  12. Nothing in these Terms of Use shall be deemed or is intended to be deemed, nor shall it cause, either you or MoonPay AUS to be treated as partners or in a joint venture, or either you or MoonPay AUS to be treated as the agent of the other.
  13. 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 to any persons, including but not limited as part of a merger, acquisition or other corporate reorganisation involving MoonPay AUS. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.
  14. In the event that MoonPay AUS or another MoonPay entity 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 these Terms of Use) as part of such merger, acquisition, sale, or other change of control. The word “including” when used in these Terms of Use is not a term of limitation.
  15. Section headings in these Terms of Use are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms of Use.

Schedule 1 Dictionary

Definitions

Accepted Payment Method means a payment method that MoonPay AUS makes available on the Website as at the applicable time. 

Account means an online account created by you to access the Platform and Services provided by MoonPay AUS for the purposes of these Terms of Use.

Affiliate means for an entity or other person, an entity or other person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with the entity or other person.

Applicable Laws means, for a matter, all laws, legislation, regulation and subsidiary regulation, instruments and orders of a regulatory authority or a court, rules and procedures of a financial market which apply to the relevant matter in the relevant jurisdiction.

Business Day means any day which is not a Saturday, Sunday or public holiday and which the banks are open for business in New South Wales. 

Content has the meaning given in clause 16.

Corporations Act means the Corporations Act 2001 (Cth), and any regulations and guidance published pursuant to, or in connection with, that Act. 

Cryptocurrency means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically. The definition of Cryptocurrency also includes right to, or interest in, the Cryptocurrency.

Fees means fees as set out on the Platform, as applicable to the Service. 

Force Majeure Event means any of the following events or circumstances not within the control of either party or its Affiliates, including but not limited to acts of God, government restrictions, exchange or market rulings, actions affecting securities, clearing or commodity exchanges including suspensions of trading or extensions of trading hours, dealing cut-off times and holidays, acts of civil or military authority, national emergencies, natural disasters, wars, riots or acts of terrorism, industrial disputes, acts or regulations of any governmental or supranational bodies and authorities or the failure or malfunction of any telecommunication or computer service.

Loss means all losses, liabilities, damages and claims, and all related costs and expenses (including any and all reasonable legal fees and reasonable costs of investigation, litigation, settlement, judgment, appeal, interest and penalties).

MoonPay Inc means the parent company of all operational MoonPay entities including MoonPay Australia. 

MoonPay Widget means an embeddable widget and API that MoonPay AUS makes available to third party application developers, which the developers may then integrate within their applications to allow customers to access and use the Services via the third party’s website or application.

Order means a request to buy, sell or exchange Cryptocurrency.

Partner means third party firms who embed the MoonPay Widget in their websites and refer you to MoonPay to purchase, swap or sell Cryptocurrencies. 

Partner Sites means Partner’s mobile applications and websites.

Platform has the meaning given to it in clause 1(a). 

Sanctioned Country means Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo, UN sanctions, the European Union or HM treasury’s financial sanctions regimes.

Sanctioned Person means a person on the US Treasury Department’s Specially Designated Nationals List or the US Commerce Department’s Denied Persons List, Unverified List, Entity List, or the EU or HM Treasury’s financial sanctions regime, or on the Australian Consolidated List.

Services means the services provided by MoonPay AUS, as described in clause 5 including the sale, purchase and swap of Cryptocurrency.

Third Party has the meaning in clause 16(b).

Third Party Data has the meaning in clause 16(b).

Wallet means a secured digital facility through which Cryptocurrency are held and can be accessed.