Terms & Conditions
Definitions & Interpretations
1.1 Parties
“Company” / “We” / “Us” / “FinconnectX Pty Ltd” — the legal entity providing the OTC Services.
“You” / “Your” / “Client” / “User” — the individual or entity using the OTC Services.
1.2 Services
“OTC Services” or “Services” means over-the-counter cryptocurrency / digital-asset trading services (crypto-fiat, crypto-crypto, or as otherwise offered), including quotes, trade execution, settlement, and any associated services (custody, transfer, wallet, advisory, etc.).
“Digital Assets” means any cryptocurrencies, tokens or other blockchain-based digital assets (e.g. BTC, ETH, stablecoins).
“Account” means your client relationship with the Company, established through manual registration and verification processes.
“Fiat Balances” means the balance recorded in your account in fiat currency (e.g. AUD, USD, EUR) for asset trading purposes only. It is not a bank deposit.
1.3 Agreement
“Terms” or “T&C” refers to these Terms & Conditions, any associated Service Schedule or Order Confirmation, and any other applicable documents (e.g. Risk Disclosure, Privacy Policy).
By using the Services (including through manual interactions such as requesting a quote, executing a trade via email or phone, or providing information manually), you confirm that you have read, understood, and agree to be bound by these Terms.
Acceptance and Changes to Terms
2.1 Acceptance
You accept the Terms by:signing a written agreement; or
Explicitly agreeing via email, phone, or other manual communication; or
Placing an order, accepting a quote, or otherwise using the OTC Services.
2.2 Amendments
We may modify or update the Terms from time to time.
We will notify you of any material changes (e.g. via email or written notice).
Continued use of the Services after notice constitutes your acceptance of the revised Terms.
Scope of Application
3.1 Jurisdiction
These Terms apply to users located in jurisdictions supported by the entity within Australia.
If you are located in a sanctioned jurisdiction under Australian law, or otherwise restricted for compliance reasons, you may be denied access to some or all Services.
The Company does not currently offer services to users in the United States.
In case of conflict between these Terms and supplemental product-specific agreements, the latter shall prevail.
Eligibility & Registration
You represent and warrant that:
You are at least 18 years old or the legal age to form a binding contract in your jurisdiction;
If registering on behalf of an entity, you are authorised to act on its behalf;
You are not subject to any sanctions or listed on restricted party lists (e.g. UN, OFAC, EU, AU);
You do not reside in a restricted jurisdiction;
All registration and identity information is accurate and complete;
You authorise us to conduct identity, financial and risk-related checks for AML, KYC/KYB and CTF compliance purposes.
Identity Verification & Ongoing Review
We use tiered identity verification processes. Different levels grant different features and limits.
We may suspend or terminate accounts that fail or refuse compliance checks.
You bear any resulting risk or loss from delayed or frozen deposit/balance/account due to legal obligations.
Digital Asset Payin, Payout & Custody
Payin: Only send assets via supported networks and address types. Using incompatible chains or incorrect addresses may result in permanent loss.
Payout: Subject to minimum/maximum limits, blockchain congestion, confirmations, and compliance review.
Custody: We are not a bank. We use third party providers. Digital assets are not insured under schemes like FDIC or FCS. You may lose assets due to technical failure, hacks, or key loss or any failure from third parties that the Company works with.
Quotes, Orders, Execution
For OTC trades, we may provide a quote (price, amount, settlement terms) via email, phone, or other manual communication means. Acceptance of a quote constitutes an order.
Quotes are valid only for the period specified (or if no period, until we revoke them). We may withdraw or amend a quote at any time before you accept.
Market prices are volatile and may shift rapidly. We may cancel or roll back transactions due to errors, latency, or chain issues.
Once matched, trades and OTC orders are final and irrevocable unless otherwise announced.
We reserve the right to restrict, pause, or delist trading pairs for risk, market integrity, or legal reasons.
For fiat ↔ crypto trades: you must send cleared funds (or crypto) to our nominated account / wallet. Crypto or fiat will be transferred to you upon settlement.
For crypto ↔ crypto trades: you must transfer the relevant crypto into a wallet we designate (or that you control, as agreed).
Settlement Terms
8.1 Fiat Settlement
Fiat payments will only be made to a verified bank account in your name. We may require proof of ownership before settlement.
Settlement of fiat funds occurs only after we receive the corresponding crypto or fiat from you as cleared funds and complete any required compliance checks.
We are not responsible for delays caused by banks, payment networks, or compliance reviews.
8.2 Crypto Settlement
Crypto will only be delivered to the Designated Wallet that you provide and confirm prior to execution of a transaction.
You are solely responsible for providing an accurate wallet address, network, and any required memo/tag. Blockchain transactions are irreversible, and we are not liable for assets sent to an incorrect or incompatible wallet you provide.
Crypto settlement occurs after receipt of cleared funds and completion of any required compliance checks.
8.3 Finality
All settlements in fiat and crypto are final and irreversible once processed.
We may delay settlement if required for fraud, AML/CTF, or sanctions screening.
Fee Charges, Payment Terms & Taxation
We charge fees, spreads, commissions, or other charges as disclosed in the quote or by separate fee schedule. Quoted prices may include or exclude such fees; the quote will specify the fee details.
You acknowledge that delays from banking/payment systems, blockchain network congestion, or compliance checks may affect settlement times.
You are solely responsible for assessing and paying any taxes arising from use of our Services.
Supported Assets & Service Availability
We may add, suspend, or remove supported assets or services at any time.
When support ends, a withdrawal deadline will be announced. Unclaimed assets may be handled per legal requirements.
User Conduct
You agree not to:
Violate laws or commit fraud (e.g. money laundering, terrorist financing, pyramid schemes);
Upload malware, viruses, or destructive code;
Attempt unauthorised access to systems, data, or accounts;
Use bots or scraping tools to interfere with the Services;
Breach sanctions, export controls, or financial regulations.
Risk Disclosure
Using the Services involves significant risks:
Market risk: Prices are highly volatile and can cause major losses;
Technical risk: Blockchain errors or delays may result in transaction failure or asset loss;
Irreversibility: Blockchain transactions cannot be undone;
Security: Despite safeguards, hacks or key theft remain possible;
Regulatory: Legal and policy changes may affect service availability or use of assets.
You accept full responsibility for these risks.
Disclaimers & No Warranties
To the fullest extent permitted by law:
The Services are provided “as is” without any warranties, express or implied;
We do not guarantee uptime, error-free operation, security or uninterrupted access;
We are not liable for disruptions caused by systems, networks, third parties, regulation or force majeure.
Limitation of Liability
We are not liable for indirect, special, incidental, or consequential damages.
Local law overrides where such limits are prohibited.
Indemnification
You agree to indemnify FinconnectX, its officers, employees, agents, and affiliates from any losses or claims arising from:
Your breach of these Terms or the law;
Harm caused to other users or third parties;
Inaccurate information you provide.
Dispute Resolution & Governing Law
Negotiation: Parties must attempt informal resolution first;
Arbitration: Disputes will be finally settled under ACICA rules in Sydney, Australia. Awards are binding;
Governing Law: These Terms are governed by the laws of New South Wales, excluding conflict-of-law principles;
Costs: Arbitration fees follow ACICA rules and may be assigned by the arbitrator.
AML/Compliance, Sanctions & Legal Obligations
17.1 AML / CTF and Sanctions Compliance
We comply with applicable AML/CTF laws, sanctions regimes, and relevant regulations. We may refuse or suspend Services, report suspicious activity, or terminate your services if required.
Notice will be given unless emergencies require otherwise;
All post-termination obligations (e.g. liability limits, dispute resolution) remain effective.
17.2 Data Collection & Privacy
By using the Services, you consent to the collection, processing, storage, and disclosure of your personal information as required for KYC/AML compliance, record-keeping, reporting, and as described in our Privacy Policy.
Other Provisions
18.1 Amendments — as per clause 2.
18.2 Severability — if any provision is invalid/unenforceable, remaining Terms remain in full effect.
18.3 Assignment — you may not assign your rights or obligations without our prior written consent; we may assign at any time, subject to your rights under privacy / data-protection laws.
18.4 Notices / Communications — procedural details for how we communicate (e.g. email, written notice) and how you must contact us.
18.5 Third-party links / Services — disclaimer about external wallet providers, payment processors, blockchain networks; we are not responsible for third-party failures.