Terms and Conditions - PMJ Solutions

PMJ Solutions Pty Ltd

Website Terms & Conditions

Effective date: 05 September 2023

Last updated: 05 September 2023

1. Welcome and Introduction

1.1 Welcome to PMJ Solutions (‘Website’) owned and operated by PMJ Solutions Pty Ltd ACN 663 375 120 (‘PMJ’, ‘ we’, ‘us’ or ‘ our’).
1.2 These terms and conditions (‘Terms’) govern your access to, and use of, the Website, our Services both online and offline, and any other software provided or in connection with those Services. Capitalised terms used in our Terms are defined in paragraph 17.
1.3 The rules for using our Website and our Services are available at paragraph 8 of these Terms. Additionally, specific terms may apply in some circumstances, in which case those terms will be available on the Website (‘Specific Terms’) and become part of your agreement with us if you participate under such circumstances.
1.4 As our Services expand, we may need to provide additional terms to cover the expanded service offering (‘Additional Terms’). Any Additional Terms which are available with the relevant services become part of your agreement with us if you use those services.
1.5 These Terms, our Privacy Policy (available at https://pmjsolutions.io/privacyPolicy) and any applicable Specific Terms and Additional Terms comprise the entire agreement between PMJ and you in relation to use of the Services and create a binding legal arrangement between you and PMJ.

2. Acceptance of the Terms

2.1 By using or accessing the Website in any manner, you affirm, represent and warrant that:

(a) you have read, understand and agree to be bound by all of the Terms (and other agreements incorporated into the Terms);
(b) you have the right, authority and capacity to enter into these Terms in your own capacity or on behalf of someone else;
(c) you meet all of the eligibility and any other requirements;
(d) your access and use of the Website are permitted by and shall not violate any applicable laws including those in your jurisdiction.

2.2 If you do not understand or accept these Terms, you must exit the Website immediately and you are prohibited from visiting, accessing, using or participating in any Services of PMJ.

3. Minors

3.1 Minors (persons under the age of 18 are not permitted to access the Website or use the Services

4. Changes to Terms

4.1 PMJ reserves the right to review and change any of the Terms by updating this page at its sole discretion. All changes are effective immediately when we post them. Your continued use of the Website and Services following the posting of revised Terms means that you accept and agree to the changes. We recommend that you check this page’s the “Last Updated” date at the top of these Terms from time to time, so you are aware of any changes.

5. Privacy Policy

5.1 PMJ takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to PMJ’s Privacy Policy, which is available at https://pmjsolutions.io/privacyPolicy. Our Privacy Policy may change and so you should check this periodically to ensure that you understand our current Privacy Policy.
5.2 Personal Information includes any information relating to an identified or identifiable natural person (Personal Information). By using our Services, you consent to the collection, storage, processing, and transfer of your Personal Information under our Privacy Policy and any other arrangements that apply between us.
5.3 With respect to your use of the Services, or as part of your continued use of the Services, PMJ may use the Personal Information from you to provide you with information (including information and documents required under applicable laws), updates and our Services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your Personal Information to improve our Services and better understand your needs. We may contact you using the contact information you provide to us.
5.4 You warrant that any information you give to PMJ will always be accurate, correct and up to date.
5.5 You acknowledge that if PMJ is required by law at some future time to collect additional Personal Information, you may not be able access and use the Services if you do not provide the required information.

6. Important warning

6.1 The information in this Terms is of a general nature and does not take into account your objectives, financial situation or particular needs. You should obtain your own independent advice and consider the appropriateness of buying, selling, trading in or holding tokens having regard to your objectives, financial situation and needs. It is important that you read these Terms in its entirety before using our Services. In particular, you should consider the risk factors that could affect transactions involving tokens, such as extreme price volatility.
6.2 PMJ, any other person associated with PMJ and service providers deny liability for any loss or damage suffered by you or any person using our Services to the maximum extent permitted by law.
6.3 To the extent that any statement in these Terms is inconsistent with statements made on the Website, Discord, Medium, Twitter, Instagram, Facebook or any other channel, the statements in these Terms prevail.
6.4 PMJ is a registered digital currency exchange provider and provides services that attract obligations under the AML/CTF Law in Australia. Accordingly, PMJ is regulated by AUSTRAC in Australia and has to comply with the requirements at paragraph 9, including the KYC Process.

7. Our Services and Service Fees

7.1 PMJ provides you with an online platform where you will be able to avail yourself of our Services. Through our Website, you can create an account and register as a user. Once your account has been verified through our KYC Process, you can deposit your Fiat Currency (only AUD will be accepted) in your account and commence initiating Transactions.
7.2 PMJ will provide market for buying and selling USDT for immediate delivery (that is, a spot market). Our Services do not include a custodial service, meaning PMJ will not retain custody of the Fiat Currency and USDT sent to the DCE on your behalf because you are required to provide your address to receive USDT or bank account to receive Fiat Currency on making the Transaction request.
7.3 PMJ will be responsible for effecting the exchange of Fiat Currency with USDT (and vice versa) at your direction.
7.4 You acknowledge and agree that you appoint us as your agent to act on your behalf and enter into Transactions including those with third party counterparts, and otherwise handle your Fiat Currency and/or USDT as we operate the Website and Services in accordance with these Terms.
7.5 For the Services provided in paragraph 7.1, you must pay us the Service Fees and any other additional fees as displayed on our Website from time to time. The Service Fees will be 3% to 4% (plus GST) of the amount (in Australian dollar terms) that you send to PMJ for a Transaction.
7.6 We may change the Service Fees and add additional fees from time to time at our discretion, with 7 days’ notice.
7.7 Payments made over the thresholds and limits stated on our Website may be held for a longer duration to allow us to comply with our reporting obligations under the AML/CTF Law, as outlined in paragraph 9.
7.8 To the extent permitted by law, the Service Fees are strictly non-refundable unless we determine otherwise, which we may do at our sole discretion and on a case-by-case basis.

8. Use of the Services – Registration & Rules

8.1 You may access the Website without an account. However, to be able to access certain features under these Terms, such as conducting Transactions via the Website, you will need to register and create an account on the Website.
8.2 When creating an account and registering as a user, you agree:

(a) to submit your own valid e-mail address to create a username and password;
(b) that all information that you submit will be accurate, complete and not misleading;
(c) to keep all registration information and payment information up-to-date;
(d) to keep confidential all aspects of your account including your username and password;
(e) that you are responsible for any and all uses of your account, whether or not you've authorised such use;
(f) to keep confidential all aspects of other users’ account information that you may have access to;
(g) to immediately notify us at [email protected], if you have lost your login details, or of any unauthorized use of your account;
(h) that we are not liable for any losses caused by any unauthorised use of your user account;
(i) that you will not use the Services for any unlawful or otherwise prohibited activity.

8.3 You also authorise us to:

(a) monitor your use of your account and permit us to use your personal information relating to your use of your account in accordance with our Privacy Policy;
(b) use your email address to send you other promotional messages, such as changes to features of the Website and special offers. If you do not want to receive such email messages, you may opt out or change your preferences by contacting us at [email protected] or by clicking the unsubscribe link within each promotional message.

8.4 You acknowledge that if PMJ is required by law to collect additional personal information, for example under AML/CTF Law, you may not be able to use the Services and transact via the Website if you do not provide the required information.

9. AML/CTF Law requirements

9.1 Under the AML/CTF Law, PMJ is requirement to adopt and maintain an AML/CTF Program to identify, mitigate and manage money laundering and terrorism financing risks.
9.2 We have to identify and verify your identity when we act on your behalf in the exchange of fiat currency for ‘digital currencies’.
9.3 We also have to report certain matters to AUSTRAC, such as suspicious matters and all Transactions that involve $10,000 or more.
9.4 Under the AML/CTF Law, we also have to comply with the document retention obligations, under which we have to retain records for seven (7) years.

10. Your acknowledgements, representations and warranties

Acknowledgements

10.1 When using the Website and our Services, you acknowledge, understand and agree that:
- (a) all representations made in relation to our Services and the Website are subject to change at any time;
- (b) you bear full responsibility for your use of the Website and for any use of the Website made using your account;
- (c) under no circumstances will the operation of all or any portion of the Website be deemed to create a relationship that includes the provision or tendering of investment, financial, legal, tax or accounting advice;
- (d) you are solely responsible for seeking independent professional legal and tax advice in relation to your Transactions;
- (e) you are solely responsible for any financial loss suffered by you in relation to your Transactions; and
- (f) to the maximum extent permitted by law, you indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including but not limited to legal costs) suffered or incurred by us, whether directly or indirectly except for any amount that arises from our mistake, fraud, negligence or wilful misconduct, in connection with:

Representations and warranties

10.2 You represent and warrant that:

(a) you are knowledgeable, experienced and sophisticated in using services such as our Services to initiate Transactions;
(b) you will not engage in any unlawful or deceptive conduct that may amount to market manipulation, in which case, we reserve the right to close your account.

11. Website content

11.1 While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the Website. You should monitor any changes to the information contained on this website.
11.2 We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
11.3 We may, from time to time and without notice, change or add to the Website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up to date.

No commercial use

11.4 The Website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

12. Third party sites

12.1 Our Website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

13. Intellectual property rights

13.1 Unless otherwise indicated, we own, have the right to use or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property and proprietary rights) in this website (whether registered or unregistered in any jurisdiction) and in all of the material (including all text, graphics, logos, audio, video and software) made available on this Website (whether registered or unregistered in any jurisdiction) (‘Content’).
13.2 Your use of this Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in these Terms, where applicable, as expressly authorised by us and/or our third-party licensors.
13.3 Any reproduction or redistribution of this Website or the Content is prohibited and may result in civil and criminal penalties.

14. Unacceptable activity

14.1 You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our Website, including but not limited to:

(a) any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

(b) the infringement of any third-party intellectual property rights through your use of the Website;

(d) using the Website to defame or libel us, our employees or other individuals;

(e) uploading files that contain viruses that may cause damage to our property or the property of other individuals;

(f) posting or transmitting the Website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security;

(g) using the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;

(h) developing, utilizing, or disseminating any software, or interacting with any API in any manner, that could damage, harm, or impair the Website, or the Services;

(i) reverse engineering any aspect of the Services, or doing anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service;

(j) using any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;

(k) using data collected from our Services to contact individuals, companies, or other persons or entities;

(l) using data collected from our Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);

(m) bypassing or ignoring instructions that control all automated access to the Services;

(n) using the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;

(o) engaging in deceptive or manipulative trading activities;

14.2 If we allow you to post any information to our Website, we have the right to take down this information at our sole discretion and without notice.

15. Limitation of Liability

15.1 To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall PMJ, any other person associated with PMJ and service providers, be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to:

(a) your use of our Website;
(b) your Transactions;
(c) the information or materials contained on or via our Website, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete, insecure, unstable, unreliable or not up-to-date;
(d) acts or omissions of any third parties, or your Transactions or any other interaction with any such third parties or third-party software.

15.2 To the extent of any liability that cannot lawfully be limited, PMJ's liability for damages under these Terms shall in all cases be limited to, and under no circumstances shall exceed, the Australian dollar value of proceeds actually received by PMJ after deducting all costs, fees, and liabilities incurred by or on behalf of PMJ.

Warranties and representations

15.3 To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about the Website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the Website will be secure.

Reserved rights

15.4 We reserve the right to restrict, suspend or terminate without notice your access to the Website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

16. General

Jurisdiction and governing law

16.1 Your use of the Website and these Terms are governed by the law of State of Western Australia, Australia and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Western Australia, Australia.

Severability

16.2 If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.

17. Definitions

17.1 AML/CTF Law means the the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and any rules or regulations made pursuant to the Act including but not limited to the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 No.1 (Cth).
17.2 AUD means Australian dollars.
17.3 AUSTRAC means Australian Transaction Reports and Analysis Centre.
17.4 DCE means the digital currency exchange established by PMJ to provide its Services through the Website.
17.5 Fiat Currency means Australian currency.
17.6 KYC Process means the inquiries we undertake and due diligence that we must perform to identify and verify the identity of our customers and ascertain relevant information pertinent to providing our Services to them.
17.7 Privacy Policy means our privacy policy available at https://pmjsolutions.io/privacyPolicy.
17.8 Services means our services provided to you, as outlined in paragraph 7.1
17.9 Service Fees means the fees paid to us for providing any aspect of our Services, in relation to your Transactions.
17.10 Terms means these terms and conditions, and any subsequent amendments.
17.11 Transaction means a transaction on our Website for the sale or purchase of USDT for immediate delivery. A sale or purchase of USDT can be done through fiat currency. Only AUD will be accepted as fiat currency.
17.12 USDT means a digital currency that is pegged to the US dollars.
17.13 We, us, our or PMJ means PMJ Crypto Solutions Pty Ltd ACN 663 375 120 and any related entities or body corporate.
17.14 You or your means anyone who uses our Website, including any individual or entity that you represent.