EARN CURVE TERMS OF USE
The Platform
1.The Earn Curve website and its associated mobile applications (collectively "Platform") are owned, operated, and controlled by The Trustee for Red Hill 18 Trust ABN 60 894 131 852, trading as ‘Earn Curve,’ who, along with its associated entities and each of their directors, affiliates, or employees (as appropriate), are referred to as "Earn Curve," "we," "us," or "our" in these Terms of Use. Earn Curve is registered with the Australian Transaction Reports and Analysis Centre (AUSTRAC) as a Digital Currency Exchange in accordance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). This registration ensures Earn Curve meets applicable AML/CTF obligations.
Note: Registration with AUSTRAC does not imply endorsement or approval by AUSTRAC or the Commonwealth Government.
2.The Platform, provided and operated by Earn Curve, allows account holders to convert, buy, sell, and trade digital currencies. It also includes any services, content, products, mobile applications, websites, software, or any other services provided by Earn Curve (collectively “Services”).
3.By opening an account to use the Services, you expressly represent and warrant that you have accepted our Terms of Use and any additional terms and conditions displayed on the Platform (including, without limitation, our Privacy Policy and AML-CTF Policy) as they apply from time to time.
4.We grant you a non-exclusive, revocable, non-transferable licence to use the software on a server controlled by us for the sole purpose of accessing and obtaining the material on the Platform.
5.We may amend, modify, add to, or delete these Terms of Use at our discretion, and those amendments, modifications, additions, or deletions apply to your use of the Platform and the Services as soon as they are displayed on the Platform (whether or not you are aware of those amendments, modifications, additions, or deletions). All subsequent transactions by you will be subject to the most current Terms of Use as of the date of those transactions.
6.Our Platform and Services have been designed for Australian residents and are not intended to be offered or made available to any person who resides outside of Australia. If you access this Platform outside of Australia, then you do so at your own risk, and it is your responsibility to follow all the laws and requirements in your country of residence and/or the country from which you access our Platform and Services. You should be aware that our Platform and Services have not been designed to comply with any non-Australian laws, and we are not responsible and disclaim all liability for ensuring that our Platform and Services comply with any non-Australian laws. Importantly, if you access our Platform and Services, you are bound by these Terms of Use regardless of where you access our Platform and Services from. If you seek to access our Platform or Services outside of Australia, we may (in our absolute discretion) prevent you from accessing our Platform or exercise any of our rights under Clause 82 in order to:a.comply with our legal requirements;i.comply with any request from law enforcement or any government agency or regulator;b.mitigate any risk to us, the Platform, Services, or other users; orc.mitigate any unauthorized use of the Platform or Services.
7.Your ownership of any digital currencies purchased on the Platform will transfer to you upon Earn Curve receiving cleared funds from your bank or other financial institution, which is an Authorized Deposit-Taking Institution (“ADI”) and at no point earlier. If digital currencies are provided to you prior to Earn Curve receiving cleared funds of payment for those digital currencies from your ADI, including if or when your ADI reverses that payment, any action taken by you in relation to those digital currencies is done on behalf of Earn Curve.Risks of Trading and Holding Crypto or Digital Currencies
8.The trading or holding of coins, tokens, crypto, digital currencies, or digital assets of the like (collectively "Coins") involves significant risks. Losses can be substantial, and any loss and liability you incur is not insurable. You should carefully consider and assess whether trading or holding Coins is suitable for you depending upon your financial circumstances, resources, and tolerance to risk.
9.Coins such as Bitcoin and Ether are unlike traditional fiat currencies, goods, or commodities in the market and are subject to exceptional risks. Unlike other traditional fiat currencies, Coins are decentralized and are not backed by a central bank, government, or other legal entities. Coins currently remain largely unregulated. As such, the value of Coins may rise and fall depending upon the market, confidence of investors, competing currencies, regulatory announcements or changes, technical problems, or any other factors.
10.Due to the significant risks of trading Coins as well as the impact of technology and the international market, Earn Curve cannot warrant or guarantee that particular Coins will be available on our Platform and Services. Earn Curve reserves the right to stop offering trades in relation to particular Coins on our Platform and Services. We will use our reasonable endeavors to notify you if we cease to support trading a particular Coin. If this is the case, you will not be able to convert Coins into AUD or any other currency. However, you will be given the option to move the Coins to another user, platform, or third-party website. Please be aware that Earn Curve is not and will not be responsible for any costs incurred by you if you decide to move the Coins to another user, platform, or third-party website.
11.Earn Curve only supports mechanisms such as Metacoins, Alt-Coins, Forks, Sidechains, Colour Coins, and any other Coins that supplement and interact with digital currencies, as explicitly outlined by Earn Curve through its Platform from time to time. The Platform will participate in Forks, staking, airdrops, and any other similar mechanisms at Earn Curve’s absolute discretion. Earn Curve does not allow users to send Coins off the Earn Curve Platform in order to pay, fund, or contribute to an Initial Coin Offering unless explicitly stated by Earn Curve. Earn Curve will not be responsible for the Coins sent off the platform nor the coins or tokens expected to be received from the Initial Coin Offering. Earn Curve may also support the payment of a dividend at Earn Curve’s absolute discretion and only if explicitly stated by Earn Curve.
12.Earn Curve is not responsible or liable for any Coins once they are transferred from our Platform to another site, device, platform, wallet, or user. Nor is Earn Curve responsible or liable for any Coins not traded on our Platform that have been sent into our Platform. Earn Curve is not responsible or liable for any Coins that have been sent to an incorrect or incompatible wallet address. Examples of incompatible wallet addresses include but are not limited to the type of Coin being transferred or the Blockchain Network the Coin is sent on.
13.As Earn Curve does not identify the counterparty to any transactions you make, Earn Curve recommends that you do not send Coins to any persons you do not personally know or completely trust, as, once sent, the transaction cannot be reversed. It is important for you to take precautions when transferring and storing your Coins whether on our platform or through other sites, wallets, or devices. We take no responsibility for the misappropriation or theft of your Coins. We strongly advise that you familiarize yourself with and implement a personal wallet service or other device for storing your Coins and implement other security measures. Always take a greater degree of care and precaution to secure your passwords when operating in a digital environment. For more information about how to secure and protect your Coins, see Security Recommendations.
14.Given the high level of risk associated with trading Coins, you acknowledge that by opening an account with Earn Curve, it is your responsibility to implement additional security and precautionary measures available to you in order to protect your Coins. Earn Curve recommends the use of minimum-security measures including two-factor authentication to securely access your Earn Curve account, an option available through My Account. Other measures such as using a strong password or unique email address that is not used on any other website or platform, or that is known by anyone else, as well as transferring and storing your Coins in your own personal wallet outside of the Platform or disabling withdrawals to stop Coins being sent from your account, are steps that you can take to improve the security of your CoinsYour Obligations
15.You warrant to us that you are a bona fide user of Earn Curve’s Platform and Services for the purposes of trading and holding Coins.
16.You must not:Engage in any restricted or criminal activities, including but not limited to:a.Terrorist financing;b.Money laundering;c.Illegal gambling;d.Distributing or funding drugs and drug paraphernalia;e.Malicious hacking;f.Knowingly or recklessly provide us with false, inaccurate, or incomplete information through the Platform;g.Use Earn Curve’s Platform and Services for the purpose of obtaining, processing, distributing, viewing, assessing, analyzing, copying, or replicating any information, methods, or processes related to the Platform (including without limitation by way of data scraping, the use of collection or accumulation tools and robotic or scripted responses);h.Reverse engineer, disassemble, or otherwise attempt to construct, copy, or replicate the Platform’s source code, formulas, or processes;i.Interfere with the security of the Platform, the Services, or the secure and safe use of the Platform by any other user (including without limitation by way of distributing viruses, corrupted files, or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Website or its users);j.Use the Platform or the Services for any purpose that is unlawful or prohibited or in a way that infringes the intellectual property rights or other rights of any person (including us);k.Knowingly or recklessly use or take advantage of a process, technical or technological error, loophole, or glitch on Earn Curve’s Platform and Services;l.Use the Platform or the information contained in it for commercial purposes that are competitive to the Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;m.Use systematic, repetitive, or other related methods that are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Platform or which may otherwise place an unreasonable load on the infrastructure of the Platform;n.Publish, post, distribute, disseminate, or send ‘spam material’ or engage in any communication that is offensive, false, unlawful, defamatory, indecent, unfair, or inappropriate in any way to others, which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive);o.Collect or store personal data about other users of the Platform; orp.Do anything else which may interfere with or negatively affect the operation of our Platform, Services, or other users.
17.Any user of Earn Curve’s Platform who violates or breaches our Terms of Use may have their membership and Earn Curve account suspended or terminated, as well as any pending transactions canceled. You may also be held liable for any losses incurred by Earn Curve or any other user of the Platform or Services.
18.In the event of a breach of these Terms of Use by you, Earn Curve will return your funds to your linked bank/ADI account, unless we reasonably believe that you have committed any fraud, misconduct, any breach of Clause 16, or any other illegal activity. Earn Curve may exercise any rights it has to recover any fiat currencies or Coins which are afforded to it under the Terms of Use or at law.
19.Earn Curve encourages users to report any problems or vulnerabilities with our Platform and Services by submitting a support request on our website or emailing us at Earn Curve Support. If you notify us in good faith, we will not restrict your use of our Platform or Services.Trading and Using Your Earn Curve Account
20.Your account is to be used only by you and/or any adviser nominated by you under these Terms of Use and approved by us in accordance with our policies and procedures.21.Earn Curve will use its best endeavours to ensure that it meets its deposit and withdrawal timeframes. From time to time, factors outside of Earn Curve’s control may lead to delays. You acknowledge that Earn Curve is not responsible for any losses that occur due to delays in processing deposits or withdrawals.
22.For security purposes, the bank/ADI account linked to your Earn Curve account, or any other payment account, must be held in your name in order to facilitate all deposits and withdrawals to/from your Earn Curve account. If your bank/ADI or payment accounts are not held in your name, we may limit and suspend your use of Earn Curve’s Platform and Services until you supply the details of a bank/ADI or payment account in your name.
23.By using Earn Curve’s Platform and Services, you acknowledge that Earn Curve is not responsible for any delays you may experience in sending and transferring Coins to and/or from Earn Curve’s Platform to other platforms, websites, users, or wallets. These delays may be due to issues beyond Earn Curve’s control, including issues with third-party websites and platforms, wallets, congestion of the blockchain, and Earn Curve moving Coins into a secure storage vault or platform.
24.In addition to buying, selling, converting, and trading Coins, you are only permitted to send your Coins to another user, platform, website, or to your personal wallet. Due to the evolving nature of the technology, any technical issues regarding the blockchain and use of the network are beyond Earn Curve’s control, and Earn Curve reserves the right to cancel transactions you have initiated which are delayed beyond a reasonable time or lapse due to time delays. In such circumstances, you may need to execute the transaction again or at another time.
25.In the circumstance where you have received, acquired, or accumulated any funds or assets due to an error, glitch, or loophole, Earn Curve may take reasonable action, including but not limited to restricting access or deducting the amount you have received, acquired, or accumulated from the balance of the Coins or fiat currency held in your account. We will notify you if such an error, glitch, or loophole has occurred or been discovered and if we decide to exercise our right to recover the misappropriated funds or assets from your account.
26.If you deposit fiat currency into your Earn Curve account but Earn Curve does not receive cleared funds from your bank or other ADI after having credited your account with that value of fiat currency, Earn Curve reserves its right to recover that fiat currency from that or any other fiat currencies held in your account without notice to you.
27.If any Coins are credited to your account on the Platform prior to Earn Curve having received cleared funds from your ADI, Earn Curve reserves its right to recover those Coins that have been credited to your account without notice to you. If those Coins cannot be recovered in full, then Earn Curve reserves the right to recover the value of those Coins from any other fiat currencies or Coins held in your account, at Earn Curve’s absolute discretion, by giving you prior notice. Earn Curve may deduct or set off the debt owed to it from any Coins and fiat currencies held in your account on the Platform.
28.If your account is suspended in accordance with these Terms of Use and you do not respond to any of our attempts to contact you after the payment of the uncleared funds, Earn Curve will consider your account, and all Coins and fiat currencies within your account, to have been forfeited by you.
29.It is your responsibility to check your Earn Curve account and monitor the movement of your Coins, including any pending, lapsed, or cancelled transactions or purchases through your transaction history, and to re-execute any transactions which fail.
30.All deposits and withdrawals made are subject to the limits displayed on our Platform and Services. This amount may change from time to time due to the blockchain, as well as user demand, market activity, and the price of particular Coins. We may, in some instances, use our discretion to allow deposits and withdrawals that exceed the limit displayed.
31.All fiat currency deposits and withdrawals can only be made to and from a financial institution account held by the verified Earn Curve account holder. We may, in some instances, use our discretion to allow deposits from and withdrawals to a financial institution account that is not held by the verified Earn Curve account holder.
32.It is your responsibility to enter the correct BSB and account number, or any other financial institution account details, for any AUD withdrawals or deposits made by you. Earn Curve does not, and will not, check the details that you enter, including whether the BSB and account number entered belong to you. If you enter incorrect bank details, it will not be Earn Curve’s responsibility to recover those funds from the unintended recipient. Earn Curve is not liable for any loss or liability incurred by you as a result of any fiat currencies being sent to an unintended bank account.
33.During periods of market volatility, high-volume trades, fast movement, and illiquidity in the market, the market rate at which you buy, sell, or trade Coins may be different from the price indicated on our Platform, and as such, we will be unable to execute your order and will return the funds to your account. Earn Curve is not liable for any price variation due to market volatility, market or technology disruptions, delays, or any other matters that are outside Earn Curve’s control. Earn Curve may reasonably decide not to execute a trade if the market rate significantly increases or decreases, or in the event of a market disruption or other event, which is outside its control. In such cases, Earn Curve may cancel your buy or sell order and return the funds into your Earn Curve account. Earn Curve will exercise reasonable care to notify you of these events and, when you receive a notification, you must check your account and any pending or cancelled transactions.
34.When you have made a buy, sell, or swap order through our Platform, Earn Curve will carry out that order as a binding instruction from you. If you ask Earn Curve to cancel, amend, or reverse the buy, sell, or swap order, Earn Curve is not obliged to do so where it is unreasonable to do so or in circumstances where doing so would cause Earn Curve inconvenience or cost.Nominated Adviser
35.Nominated Adviser We may offer you the ability to nominate an adviser to have access to your Earn Curve account (“Nominated Adviser”). If this is available to you, you can select your Nominated Adviser at the time you open your Earn Curve account or at a later time by following the instructions we provide to you via your Earn Curve account or otherwise. You must complete your selection of your Nominated Adviser in the form and via the means required by us from time to time.
36.If you select a Nominated Adviser and we approve that selection, we will generate a unique API to link your Earn Curve account with your Nominated Adviser’s Earn Curve account. This unique API will enable your Nominated Adviser to access your Earn Curve account and transact on your behalf from your Earn Curve account.
37.Your Nominated Adviser will access your Earn Curve account with their own user credentials and you must not share your Earn Curve account credentials with your Nominated Adviser or any other person.
38.You acknowledge and agree that:a.You are solely responsible for selecting your Nominated Adviser and agreeing to the terms on which your Nominated Adviser may transact on your behalf from your Earn Curve account; b.Earn Curve is not involved in, responsible or liable for any Nominated Adviser you select; c.By making this service available to you, Earn Curve is not promoting any particular Nominated Adviser or providing any opinion on the quality, experience or suitability as to your Nominated Adviser; d.Your Nominated Adviser will have full access to your account information and any personal information held by Earn Curve; e.Any activity performed by your Nominated Adviser is taken to be performed on your behalf in accordance with your express instructions and consent; f.You are solely responsible and liable for any activity undertaken by your Nominated Adviser in your Earn Curve account and any related activities. For the purposes of these Terms of Use, this means an activity performed by your Nominated Adviser will be attributed to you; g.Earn Curve is not responsible or liable for any trading or holding of coins, tokens, crypto, digital currencies, or digital assets of the like by your Nominated Adviser; h.Earn Curve is not responsible or liable for paying any fees, commissions, expenses or any other payments to your Nominated Adviser. You must separately agree and are responsible for paying any fees, commissions, expenses or any other payments for the services provided by your Nominated Adviser; and i.Your Nominated Adviser cannot terminate your Earn Curve account under these Terms of Use.
39.You may change or terminate your selection of a Nominated Adviser at any time in the form and via the means approved by us from time to time.
40.We may suspend or terminate your Nominated Adviser’s access to your Earn Curve account if any of the circumstances in Clause 82 apply or we otherwise reasonably form the view that such suspension or termination is required to protect your Earn Curve Account or the Earn Curve Platform.Conversion Services and Fees
41.Conversion Services and Fees A conversion fee applies to all transactions where Coins are purchased, sold or traded. By using the Earn Curve Platform, you accept and acknowledge that we may adjust our conversion fees at any time. Earn Curve will notify you of the conversion fees that apply to your transaction at the time of the transaction.
42.A conversion rate applies to all transactions where Coins are purchased, sold or traded. By using the Platform you accept the conversion rate applicable from time to time. Earn Curve will notify you of the conversion rate that applies to your transaction at the time the transaction is made. For more information on the conversion rate, see Pricing FAQ.
43.For Australian resident customers, the fees charged by us represent the total cost of our services (including all applicable taxes payable in Australia).
44.For all non-resident customers accessing our services outside of Australia, the fees charged by us represent the total cost of our services (including all applicable taxes payable in Australia). Importantly, these fees do not include any foreign tax that may be payable by you, and you are solely responsible for determining and paying any foreign taxes in relation to any transactions or fees charged.
45.Our current pricing can be found at https://www.earncurve.com/fees.
46.We reserve the right to delay, suspend or cancel a trade or transaction if we believe the trade or transaction may be subject to law enforcement action, illegal activity or fraud, including but not limited to the activities outlined in Clause 16.
47.We reserve the right to delay, suspend or cancel a trade or transaction if there are technical reasons that prevent us from completing the transaction, or if Earn Curve is unable to execute the transaction. This may be subject to reliance on a third-party supplier or provider, or due to technical difficulties.Termination
48.Termination Earn Curve may suspend, limit, restrict, deactivate or terminate your access to Earn Curve’s Platform and Services, including your Earn Curve account, if: a.You gain or attempt to gain unauthorised access to the Platform or another Earn Curve member’s account; b.You allow or facilitate a third-party to gain unauthorised access to the Platform or to your Earn Curve account; c.There is a technical or operational difficulty; d.You use, or we reasonably suspect you of using, Earn Curve’s Platform or Services in order to perform illegal or criminal activities, fraud, money laundering, terrorist financing or financial crime including any breach of the laws regarding sanctions and bribery; e.Your use of the Earn Curve Services is subject to any pending investigation, litigation or government proceeding; f.You fail to pay or fraudulently pay for any transactions; g.We are unable to support your use; We have concerns about the security of your Earn Curve account or that a transaction is suspicious, fraudulent, erroneous or illegal; h.You take any action that may circumvent these Terms of Use or our control by abusing any promotions, rewards or referral programs that we may offer at any given time; i.You breach any terms of this Terms of Use Agreement or Earn Curve’s Privacy Policy; j.You falsify information in relation to your Earn Curve account or you mislead us (including by omitting information we reasonably require) in relation to opening or administering your Earn Curve account; and k.Earn Curve receives a request from a law enforcement or government agency to do so; or l.You deposit fiat currency into your Earn Curve account and Earn Curve credits your account with the same value of fiat currency as the deposit, but Earn Curve does not receive cleared funds from your bank or other ADI after having credited your account with that fiat currency.
49.You may cancel your Earn Curve account at any time, following the settlement of any pending transactions or trades, and provided you comply with any account closure requirements. You will not be charged any fees for cancelling your Earn Curve account, however you must pay any outstanding amounts owed to us.
50.In the event that your Earn Curve account is suspended, limited, restricted, deactivated or terminated, we are in no way obliged to honour or reinstate a transaction or price on the same terms had the suspension, limitation, restriction, deactivation or termination not occurred. We are under no obligation to return fiat currencies or Coins to you if your Earn Curve account is suspended or deactivated due to a breach of these Terms of Use.Liability
51.To the maximum extent permitted by law, Earn Curve does not guarantee the quality, performance, or fitness for any particular purpose of the Platform and Services, nor does it warrant the completeness, accuracy, or currency of statements, representations, or information provided via the Platform and Services, including but not limited to data, reports, and analyses. Earn Curve shall not be liable to any person or entity for any direct, indirect, consequential, or other loss, damage, liability, claim, or expense (however caused, including due to negligence or breach of contract) arising out of or in connection with the use of the Platform and Services, or reliance on any information contained therein or linked to the Platform and Services.
52.To the maximum extent permitted by law, the total aggregate financial liability of Earn Curve and its affiliates, directors, officers, employees, agents, or licensors (collectively, the Indemnified Parties) to you—whether in contract, tort, statutory liability, or otherwise—is limited to either re-supplying the Platform and Services or reimbursing the cost of having them supplied again.
53.We make no warranties regarding the availability, uptime, or uninterrupted access to the Platform and Services. The Platform and any information presented therein are provided on an "as is" and "as available" basis, without warranty or guarantee of any kind, express or implied.
54.Earn Curve does not provide financial, investment, legal, or tax advice. Any statements, insights, or information available on the Platform and Services should not be considered investment recommendations. You acknowledge that trading and investing in financial instruments, digital assets, or other securities involve significant risks, and you assume full responsibility for conducting your own due diligence before making any financial decisions.
55.By using the Platform and Services, you agree that it is your sole responsibility to verify the accuracy and reliability of any information provided and that Earn Curve is not liable for any losses or damages resulting from your use of, or reliance on, the Platform and Services.Use of Our Platform and ServicesSecurity
56.The transmission of information over the internet, including interactions with the Earn Curve platform and services, is not completely secure or error-free. While we implement industry-standard security measures, we cannot guarantee that emails to or from us, or data submitted through the platform, will always be secure. You should exercise caution when transmitting sensitive information via the platform.
57.Emails sent to and from Earn Curve may be filtered and scanned for security purposes, including virus and malware detection. However, we do not guarantee that such filtering and scanning will be entirely effective in preventing malicious software or threats.
58.You acknowledge that you use the Earn Curve platform and services entirely at your own risk and that they are provided on an "as is" and "as available" basis. We make no representations or warranties regarding the security, availability, or uninterrupted access to our platform and services.
59.Earn Curve is committed to maintaining the security and integrity of user funds and data. We utilize secure storage solutions, encrypted communication, and multi-layered authentication processes to protect user assets. Our infrastructure is hosted in highly secure data centers that comply with international security standards, such as ISO 27001, 27017, and 27018 certifications, along with PCI DSS compliance. These security measures have been independently audited by third-party experts.
60.To further protect your account, Earn Curve requires the use of two-factor authentication (2FA) for all significant transactions, including withdrawals and high-value trades. Users may also enable additional security settings, such as withdrawal restrictions and device authorization, to enhance protection against unauthorized access. It is your responsibility to implement these security measures on your personal devices, such as enabling Google Authenticator or other 2FA applications.
61.Earn Curve may hold user funds or assets with regulated custodians and third-party exchanges to ensure secure transactions and liquidity. However, we cannot be held liable for delays, errors, or security breaches that occur on external platforms beyond our control.
62.By using the Earn Curve platform and services, you agree to:a.Provide accurate and up-to-date personal and account information.b.Maintain the confidentiality of your login credentials and security settings.c.Regularly monitor your account for unauthorized activity and report any security concerns immediately.d.Ensure your linked bank account and payment methods are in your name and comply with verification requirements.
63.As part of regulatory compliance, Earn Curve may be required to share your account information, including IP addresses, transaction history, and access logs, with law enforcement or regulatory agencies upon lawful request.
64.By creating an account with Earn Curve, you authorize us to conduct identity verification checks, either directly or through third-party services, to prevent fraud, financial crime, and unauthorized access. The verification process may take up to 10 business days and requires users to submit valid identification documents. Failure to provide accurate information may result in account suspension or restrictions.
65.We cannot guarantee the identity of other users or counterparties in transactions conducted through the platform. You are solely responsible for ensuring the legitimacy of any transactions you initiate.a.You agree that you will not:i.Access or use another person’s Earn Curve account.b.Allow unauthorized third parties to access your account.c.Use automated bots, scripts, or data-scraping tools to extract platform data.d.Engage in activities that compromise platform security, such as hacking or phishing.
66.In the event of unauthorized access, compromised credentials, or any suspected breach of security, you must immediately notify Earn Curve via our support request system. Failure to do so may result in liability for any losses incurred due to security breaches.
67.Earn Curve reserves the right to suspend or terminate accounts that pose a security risk, fail verification checks, or violate our security policies.Linking And Framing
68.This Platform may contain links to external websites ("Third-Party Websites") and may display content or information from external sources within frames on this Platform ("Third-Party Content"). When you click on these links or access Third-Party Websites through the Platform, we may receive a commission or payment as a result of advertising or referral arrangements.
69.We are not responsible or liable for any Third-Party Website, its content, or any infringement of intellectual property rights resulting from the display of links or Third-Party Content on our Platform.
70.We do not assume any responsibility for the collection, handling, use, or disclosure of personal information by third parties, including any data collected through Third-Party Websites. By accessing these websites, you acknowledge that we are released from any liability related to a third party’s failure to manage, store, or protect your personal information in accordance with applicable laws, including the Privacy Act 1988 (Cth).
71.We do not guarantee or warrant the accuracy, reliability, or suitability of Third-Party Websites or Third-Party Content for any purpose, nor do we endorse or make representations regarding the products, services, or offers they promote.
72.All statements, representations, offers, products, or services provided through Third-Party Websites and Third-Party Content are the sole responsibility of the respective website operators or content creators. Any links to Third-Party Websites or inclusion of Third-Party Content on our Platform are provided at their request for the purpose of promoting their offerings.
73.Unless expressly stated otherwise, we do not act as an agent, representative, partner, or affiliate of any third party.Intellectual Property
74.All information, graphics, data, prices, charts, videos, audio, and any other material available on the Platform (collectively, "Platform Material"), including the underlying source code and software, is either owned by us or used under license, unless explicitly stated otherwise in these Terms of Use.’
75.This Platform, along with all Platform Material and the intellectual property associated with them, is protected by copyright laws. You may download and print content from the Platform only for personal or internal business use. However, you must not:a.Publish, distribute, adapt, or communicate the content to the public;b.Share, reproduce, or modify any information on this Platform without our prior written consent;c.Infringe upon our intellectual property rights in any way.d.All trademarks, registered trademarks, product names, logos, and company names displayed on this Platform are either owned by us or displayed under license or with permission from the respective owners. Any third-party trademarks, logos, or names remain the property of their respective owners.
76.Any reference on this Platform to companies, products, services, branding, offers, or other information—whether by trade name, trademark, or otherwise—does not constitute or imply endorsement, sponsorship, or recommendation by us or the trademark owner.Privacy
77.Any personal information we collect about you through this Platform will be used and disclosed strictly in accordance with our Privacy Policy.General
78.Earn Curve will communicate with customers via email and telephone and will never provide links to other websites or request sensitive information such as two-factor authentication codes or passwords. If you receive an email or phone call that you are unsure about, or if you suspect fraudulent activity, please contact Earn Curve Support for verification and assistance.
79.By using Earn Curve’s Platform and Services, you accept that it is your responsibility to determine whether and to what extent any taxes apply to any transactions or investments conducted through our Services. You should seek professional tax advice regarding personal, business, or self-managed superfund (SMSF) accounts to ensure compliance with all relevant regulations. Earn Curve does not provide tax, financial, or legal advice and does not take responsibility for any tax obligations arising from your use of the Platform.
80.The Terms of Use published on the date you access them on the Platform supersede all prior versions.
81.If any provision of these Terms of Use is found to be invalid, unenforceable, or illegal, the remaining provisions will remain in full force and effect.
82.If Earn Curve is unable to perform its Services due to circumstances beyond its control—including but not limited to changes in laws, regulations, policies, or events of Force Majeure—Earn Curve will not be held liable.
83.These Terms of Use are governed by the laws of the State of Victoria, Australia. In the event of any legal dispute relating to the Platform or these Terms, the Courts of Victoria will have non-exclusive jurisdiction.