Ainslie Crypto Terms of Trade
1. Introduction
The Ainslie Crypto (and hereon equally referring to the previous name of Ainslie Wealth) website and its associated services are owned, operated, and controlled by Elibert Pty Ltd, who, along with its associated entities and each of their directors, affiliates, or employees (as appropriate), are referred to as “Ainslie Crypto”, “we”, “us” or “our” in these Terms of Trade.
The services, provided and operated by Ainslie Crypto, allows customers and account holders to convert, buy, sell, and trade digital currencies. It also includes any services, content, products, websites, software, or any other services provided by Ainslie Crypto.
By transacting with Ainslie Crypto, you expressly represent and warrant that you have accepted our Terms of Trade, and any additional terms and conditions displayed on the Platform (including, without limitation, our Privacy Policy, Website Terms, and AML-CTF Policy) as they apply.
We may amend, modify, add to or delete these Terms of Trade 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).
Definitions
“Ainslie”, "Ainslie Crypto" or "AC": Refers to Ainslie Crypto, the company providing the services as outlined in these Terms of Trade.
“AUDD Digital claimable balance”: Refers to a balance of AUDD payable to the customer sent to the customer via email or mobile number that the customer can keep in their (to be created or existing) AUDD Digital account or withdraw to Australian dollars from that account.
"Customer": Refers to any individual or entity placing an order for crypto through Ainslie Crypto's online platform, telephone service, in-store, or live chat.
"Order": Refers to a request made by the customer to purchase crypto from Ainslie Crypto.
"Invoice/Sales Order": Refers to the document generated by Ainslie Crypto detailing the contract of sale, an indication of the product being sold, the total balance of the purchase price, and the agreed timeframe for payment.
"Business Hours": Refers to the hours during which Ainslie Crypto operates. Our business hours are from 9am to 4pm (AEST), Monday to Friday. Please note that we are closed on Queensland public holidays.
“Crypto”: includes crypto currencies as agreed and supplied by AC.
"Default": Refers to the failure of the customer to pay the total balance of the purchase price within 24 hours.
"Re-price": Refers to the right reserved by Ainslie Crypto to adjust the price of a customer’s order.
"ID Verification": Refers to the process of confirming the customer's identity.
"Storage": This term pertains to assets maintained within an established Ainslie Storage Account. It does not encompass assets that are currently "on hold".
"On Hold" or “Holding”: This term refers to the interim period wherein customer assets are retained by AC, starting from the point of order placement until their ultimate delivery to the customer's designated address.
2. Services
All purchases of crypto with Ainslie Crypto must be stored in an Ainslie Crypto Storage Account. Ainslie Crypto offers this service to protect customers from the prevalence of scams and accidental loss of crypto. Accordingly, crypto stored with Ainslie Crypto can only be sold not redeemed in specie, and proceeds can only go to a verified AUDD Digital Platform account of the customer. See below for more information on storage accounts.
Purchasing Process
Customers can purchase crypto via the AC website, phone, email, live chat or in-store. The following outlines the process:
Account Setup:
The customer or our consultant initiates the creation of a storage account. Customers can not place orders until full individual ID verification has been completed. This can be done online or by our consultant in-store or over the phone. For SMSFs and Trusts, storage accounts can be created, but will not be accessible until all documents are received and the entity is fully verified.
Order Placement:
Prices are not finalised until payment is processed. Customers must reference their indicative sales order ID when making payment.
Payment:
The customer proceeds to make the payment using payment information on their indicative order and is obligated to make that payment as soon as possible on receipt, and no longer than the same day. AUD payments are made specifically in reference to an indicative sales order, and upon payment Ainslie has legal and beneficial interest of the AUD with the corresponding obligation to purchase and deliver the crypto purchased using these funds. Ainslie will never hold AUD on trust for customers.
Account Verification:
This involves a comprehensive Know Your Customer (KYC) / Know Your Business (KYB – as applicable to companies, SMSF entities and family trusts etc) process involving a full entity and Individual (Beneficial owners) ID verification and setting up a secret question and answer for account security. Account verification may also include enhanced and ongoing due diligence, in accordance with our AML/CTF obligations. Before a customer can divest their holdings in part or in full to AUDD they will also need to upload proof of AUDD Digital Platform account ownership and details as applicable.
Ainslie staff will finalise the price and quantity based on the funds transferred being received. Ainslie will then arrange for the delivery directly into the customer's segregated storage wallets.
Post-Payment Verification:
If a SMSF or Trust does not complete full document verification within 10 business days, their assets are divested and AUD/AUDD are returned to their AUDD Digital Platform account and the order is cancelled.
Selling Process
Customers can sell their crypto via the AC website, phone, email, live chat or in-store. The following outlines the process:
Selling Request:
Customers can initiate a selling request through the website, phone, email, or in-store via their Storage account.
Verification Call:
Ainslie staff will call the customer to confirm the selling request and verify the customer's identity by asking the secret question set up during account creation. The customer must make themselves available to take this call with a current phone number correctly registered on their account. Ainslie must be reasonably satisfied they are dealing with the correct authorised individual and reserves the right to seek more verification if in doubt.
Crypto Sale:
Ainslie staff will withdraw the cryptocurrency from the customer's segregated storage wallets and sell it on their behalf. Any blockchain fees incurred during this process will be deducted from the sale proceeds.
Fund Transfer:
The sale proceeds will be transferred to the customer's verified AUDD Digital Platform account, or sent as AUDD Digital claimable balance, as applicable, and which was set up during account creation or since updated if that account has changed or not done at establishment. Ainslie staff will call the customer to confirm these AUDD Digital Platform account details before initiating the transfer and must be reasonably satisfied the account belongs to the account holder. Ainslie may request more information to verify that is the case.
Crypto prices:
All prices quoted for trades will incorporate Ainslie Crypto’s trading spread. A Trading spread works on the usual commodity trading bid/ask spreads where you pay a margin above ‘spot’ when buying a margin below ‘spot’ when selling.
Storage Fees:
Buying and Swapping Crypto Fees: There are no storage fees associated with buying and swapping within a crypto storage account.
Selling to AUD: If a customer decides to sell their crypto holdings and exit Ainslie Storage (i.e., transfer funds back to their AUDD Digital Platform account or swapping to precious metals), a 2.5% management fee will be applied. This fee, calculated based on the total order value, is intended to cover the lifetime storage and administrative costs associated with managing their storage account.
3. Payment Methods
- AUDD Digital Platform Transfer: Customers buying can pay via AUDD Digital Platform transfer to the account details provided by Ainslie. Customers selling can receive payment for their sold cryptocurrencies via their AUDD Digital Platform account. It is crucial that customers provide accurate and complete account information to facilitate this process and have already verified the ownership of the account.
- Cryptocurrency Swap: Customers have the option to swap their existing cryptocurrencies for other types of cryptocurrencies which Ainslie trades. This transaction is subject to the prevailing buy/sell crypto prices and any applicable blockchain fees but does not incur any storage fees.
- Precious Metals Swap: We offer the unique opportunity for customers to exchange their cryptocurrencies for and with precious metals. This transaction is subject to the current market value of the chosen precious metal and our standard storage fee and any blockchain fees will be subtracted from the total proceeds.
Please note that Ainslie is not liable for any errors or issues arising from incorrect bank or AUDD Digital Platform account information provided by the customer. It is the customer's responsibility to ensure the accuracy of all provided information. Any losses or delays resulting from incorrect information will not be the responsibility of Ainslie.
We strongly recommend double-checking all provided information before finalising transactions to avoid any potential issues. By proceeding with any of the above payment methods, customers are affirming their understanding and acceptance of these terms.
AUD payments are made specifically in reference to an indicative sales order, and upon payment Ainslie has legal and beneficial interest of the AUD with the corresponding obligation to purchase and deliver the crypto purchased using these funds. Ainslie will never hold AUD on trust for customers.
4. Storage Account Registration and Usage
CHANGES TO TERMS FROM 1 NOVEMBER 2023
From 1 November 2023, all customers must custody their purchase in an Ainslie Crypto Storage account and can only divest assets to AUD to an account verified as their own. They cannot take possession of the crypto stored.
Storage customers existing prior to 1 November 2023 may still take delivery of crypto stored on request but only for crypto purchased prior to that date.
Account Setup Procedure:
To establish a Storage Account with Ainslie, customers are required to complete the online registration form accessible on our website. This procedure involves supplying necessary personal details, including but not limited to, full name, contact information, and valid identification. Upon successful submission of the registration form, customers will receive a confirmation email containing a link to verify their email address.
Once the account is activated, customers will gain access to our secure crypto wallet service and can commence buying, selling, and storing cryptocurrency.
User Obligations:
Account Security: Customers bear the responsibility for maintaining the confidentiality of their account login credentials. This includes safeguarding their login information and security question and refraining from sharing these details with anyone. Any activities that transpire under a customer's account fall under their responsibility.
Account Information: Customers must ensure that the information provided during registration and stored in their account is accurate and current at all times. Any modifications to personal details, such as name, address, or contact information, should be promptly updated in the account settings.
Compliance: Customers are expected to adhere to all terms and conditions associated with the usage of their Storage Account. This includes complying with our policies regarding buying, selling, and storing cryptocurrency.
Ainslie has obligations to undertake routine ongoing 'know your customer' checks. This could mean Ainslie may need to no longer deal with a customer. In this regard and more broadly, Ainslie reserves the right at any time to send you the stored digital assets (at no cost to you) and not buy it back, OR to only return AUD proceeds of a divestment of your assets.
If you are a storage customer predating 1 November 2023 and Ainslie take an informed view that you are the victim of a scam or fraudulent activity or scheme, and you request your holdings be sent to a new wallet or wallet that we form the view through analysis as likely part of such a scam or scheme, then we may require that you sell the holdings with the proceeds going to an account you can verify, to our satisfaction, as being your own. We will always first allow you the opportunity to prove the bona fide ownership of the destination wallet.
Reporting: Any unauthorised access or potential security breaches must be immediately reported to Ainslie.
5. Storage Account Security
Ainslie's Role and Security Measures: Ainslie Crypto (AC) offers customers a unique, segregated and secure storage solution for each customer through their Crypto Storage Account. These storage accounts are generated and maintained in a highly secure environment, and are segregated from other customers' assets. For this service, AC includes a management fee, outlined above, on any existing Crypto Storage Account transaction with a minimum per crypto of $2,000. Please refer to our website for more information.
These storage accounts, along with the customer details associated with them, are securely managed by AC within a high-security facility that meets international standards.
Asset Segregation and Protection Measures: Ainslie Crypto adheres to stringent standards to ensure customer crypto assets are separated from other customers' crypto assets, as well as business crypto assets. Our processes are designed to provide the highest level of security for our customers.
Customer crypto assets are stored distinctly from other customers' crypto assets. This ensures that individual customer assets are identifiable and safeguarded.
Regular Audits: Ainslie Crypto undergoes regular and comprehensive audits to verify the accuracy of records.
Please note that Ainslie Crypto reserves the right to modify its custody methods in the future to adapt to technological advancements, regulatory requirements and industry standards, while maintaining the highest level of security and compliance.
6. ID Verification
By initiating an order, customers acknowledge and accept the obligation to undergo a comprehensive ID verification process with Ainslie prior to the transaction and/or delivery of any cryptocurrency. This is a non-negotiable requirement designed to ensure the security and legality of all transactions.
Ainslie operates as a reporting entity under the AML/CTF Act, as regulated by AUSTRAC. This mandates us to uphold an AML/CTF Program and necessitates the accurate identification of our customers in compliance with the Act. In instances where this information is not collected in person at our office, we reserve the right to request your name, address, and date of birth, and to verify your ID through external organisations utilising GBG Pty Ltd - GreenID or similar, and the government's Document Verification Service (DVS). These external organisations may encompass government departments, credit reporting agencies, and other independent or private sector organisations maintaining relevant databases. If you prefer not to have your identity verified through these means, you are welcome to visit our office for in-person identification.
Any first time customers who have not visited the Ainslie office to process their order will be asked to submit a “Photo (‘selfie’) ID” via email. The details of this verification process can be found on our website.
Customers are required to participate in a question screening process conducted by Ainslie consultants. Ainslie retains the right to refuse an order based on the responses to these questions. This is a measure designed to protect both the customer and Ainslie from potentially fraudulent activities.
The purpose of the crypto screening questions is to safeguard customer interests and to screen for potential scam or fraudulent transactions. This is part of our commitment to maintaining a secure and trustworthy trading environment for all our customers.
7. Risks of Cryptocurrency
The practice of trading or holding cryptocurrencies, digital assets, tokens, or coins of similar nature (collectively referred to as "Cryptocurrencies") carries substantial risks, and the potential for significant losses, which cannot be insured. You should meticulously evaluate whether trading or holding Cryptocurrencies is suitable for you based on your financial circumstances, available resources, and risk tolerance.
Cryptocurrencies such as Bitcoin and Ethereum are unlike conventional fiat currencies, commodities, or goods. As decentralised entities, they lack the backing of a central bank, government, or other legal institutions. Cryptocurrencies, in their current state, are largely unregulated, leading to the value of Cryptocurrencies potentially fluctuating due to factors such as market trends, investor confidence, competing currencies, regulatory announcements or changes, technological issues, and more.
Given the inherent risks of trading Cryptocurrencies and the impact of technology and the international market, Ainslie Crypto cannot assure that specific Cryptocurrencies will be available on our platform and services. Ainslie Crypto retains the right to discontinue offering trades for certain Cryptocurrencies on our platform. In such cases, you may not be able to convert these Cryptocurrencies into AUD or other currencies. Please note that Ainslie Crypto will not be responsible for any costs you incur due to such instances.
Participation in Forks, staking, airdrops, and other similar mechanisms is at Ainslie Crypto's absolute discretion. We do not permit users to send Cryptocurrencies off the Ainslie Crypto platform to pay, fund, or contribute to an Initial Coin Offering. We are not responsible for any Cryptocurrencies sent off our platform or expected to be received from an Initial Coin Offering.
Ainslie Crypto does not participate in, assist with, or hold any liability for changes related to network upgrades or updates of any cryptocurrency. These activities are typically managed by the respective cryptocurrency's development team or community and are beyond our control. Similarly, Ainslie Crypto does not support or facilitate the distribution of airdrop tokens. Airdrop tokens are usually distributed by the respective cryptocurrency's development team or community as a promotional activity or as part of a network upgrade. Customers are solely responsible for managing their participation in network upgrades, updates, and the receipt of airdrop tokens. Ainslie Crypto will not be held responsible for any loss, damage, or inconvenience resulting from these activities.
Ainslie Crypto is not liable for any Cryptocurrencies once they are transferred from our platform to another site, device, platform, wallet, or user. Nor are we responsible for any Cryptocurrencies not traded on our platform that have been sent into our platform, or for any Cryptocurrencies sent to an incorrect or incompatible wallet address.
Ainslie Crypto does not identify transaction counterparties; therefore, we advise against sending Cryptocurrencies to individuals you don't know well or fully trust. As such transactions cannot be reversed, it's important to exercise caution when transferring and storing your Cryptocurrencies. We are not responsible for the misappropriation or theft of your Cryptocurrencies. We strongly recommend you to familiarise yourself with and implement a personal wallet service or other device for storing your Cryptocurrencies and take additional security measures.
Given the high level of risk associated with trading Cryptocurrencies, you understand that, by doing business with Ainslie Crypto, it is your responsibility to implement extra security measures to protect your Cryptocurrencies. We recommend utilising security measures like two-factor authentication on your email accounts, a unique email address not used on any other site.
To address many of these risks, from 1 November 2023 Ainslie Crypto requires all purchases of crypto to be held in segregated secure custody by Ainslie Crypto to mitigate the risk of you being caught in scams, hacks and erroneous transfers. We will not send custodied crypto to another wallet nominated by you.
8. Modifications to Terms and Services
Ainslie Crypto reserves the right to alter or amend these terms and our services at any given time. We encourage our users to regularly review our terms of trade to stay updated with any changes. Your continued use of our services following any modifications indicates your acceptance of the revised terms.
9. Responsibilities and Obligations of Ainslie Crypto Users
As a customer of Ainslie Crypto, you are expected to adhere to certain responsibilities and obligations to ensure a safe and secure environment for all. These include, but are not limited to:
Compliance with Laws: You are expected to abide by all applicable laws and regulations. Any engagement in illegal activities through our platform is strictly prohibited. This includes, but is not limited to, any activity related to money laundering, terrorism financing, and tax evasion.
Authentic Representation: You must provide accurate and truthful information about yourself and your transaction. Any form of misrepresentation or falsification of personal details is strictly prohibited.
Account Security: You are responsible for maintaining the confidentiality of your account information. Any unauthorised access or use of another user's account is strictly forbidden.
Identity Protection: Impersonating another user or entity or misrepresenting your affiliation with any individual or entity is not permitted.
Fair Usage: You are expected to use our services in a manner that is fair and not manipulative. Any attempt to manipulate our services, exploit system vulnerabilities, or disrupt the normal functioning of our platform is strictly prohibited.
10. Privacy Policy
At Ainslie Crypto, we prioritise the safeguarding of your personal data. For a comprehensive understanding of our practices, we invite you to review our detailed Privacy Policy document.
Ainslie Crypto employs the most robust security measures within our reach. During the transaction process, all the information you provide is encrypted for your safety. Our platform is designed with stringent security protocols to prevent any loss, misuse, or alteration of your information.
Your data is also shielded under the Ainslie Crypto Privacy Policy. We handle all received information with the utmost confidentiality.
In the scenario of incorrect data being uploaded to our website, any transactions made under such circumstances may lead to the cancellation of orders.
11 .Minimum Financial Requirements
At Ainslie, we adhere to strict financial requirements designed to ensure the financial integrity and stability of our operations. Ainslie maintains a robust capital structure, designed to ensure we can meet our obligations to our customers, even in the event of adverse market conditions or significant changes in our business. Our compliance with minimum financial requirements involves maintaining a certain level of net assets and liquid resources. This is intended to ensure that we can continue to meet our financial commitments and continue operations in the face of potential financial stresses or losses.
Ainslie ensures that customer crypto assets are kept separate from company assets. We use separate accounts for client crypto assets and maintain rigorous accounting practices to ensure that client assets are accurately tracked and never co-mingled. This segregation provides an additional layer of security and assurance to our customers, ensuring that their crypto assets are kept secure and separate at all times.
By complying with these strict financial requirements, Ainslie demonstrates its commitment to maintaining the highest levels of financial integrity and stability in its operations. This is part of Ainslie’s ongoing commitment to providing its customers with a secure and reliable platform for their crypto investments.
12. Supply Interrupted
If AC is directly or indirectly prevented from making supply or otherwise performing an obligation, by reason of events beyond its reasonable control (including any force majeure event including restricted availability of input products of required quality, act of God, fire, earthquake, flood, lightning strikes, natural disaster, mechanical or electrical failure, industrial action or dispute, lockout, epidemic, war or act of war (whether declared or not), terrorism, revolution, malicious damage, sabotage, civil unrest or disturbance or action or inaction of any foreign or domestic government or third party, banking closure, or inability to secure crypto currency from an exchange, its obligations are suspended while it is prevented from doing so. AC will use all reasonable endeavours to terminate the event giving rise to delay but that will not include the settling of an industrial dispute on disadvantageous terms. Upon termination of the event AC must, if commercially viable, resume the performance of its obligations under this contract at the earliest date reasonable possible.
AC will not be responsible for any loss or damage incurred by you where we do not receive your instructions or where any dealing or proposed dealing is interrupted, unable to be completed or unable to take place due to the failure of any telephone, computer, other electronic or technological device.
13. GST
In this clause the following definitions apply;
- GST has the same meaning as in the GST Act.
- GST Act means the A New Tax System (Goods and Services Tax) Act 1999.
- Taxable Supply has the same meaning as in the GST Act.
- Tax Invoice has the same meaning as in the GST Act.
The consideration payable by the client has been fixed without regard to the impact of GST.
If GST is or becomes payable on a Taxable Supply made under or in connection with this document, the party providing consideration for that Taxable Supply (recipient) must pay an additional amount equal to the GST Payable on the Taxable Supply.
The additional amount payable must be paid at the same time as the consideration for the Taxable supply or on the date on which the party making the supply delivers a Tax Invoice (whichever is later).
14. Spam Act 2003
AC complies with the Australian Governments Spam Act 2003 and the guidelines for business in relation to the contents of commercial electronic messages. AC only send e-mail advertising with each addressee's consent, includes its address and contact and contact details in every email promotion and ensures the inclusion of a functional unsubscribe facility.
Information and Links to Other Websites
15. Information and Links to Other Websites
The AC website may contain information, articles or links to or from third party websites. These articles and linked websites are not under the control of AC and AC is not responsible for the content of any linked website or any hyperlinked website, or article or information sourced from a website. The information contained on the website is given in good faith but no representation or warranty, express or implied, is made that such information is accurate or complete and it should not be relied upon as such. AC provides these articles and hyperlinks for your convenience only and the inclusion of any article or link does not imply any endorsement of the article or linked website by AC. Any article or link provided to any such website is used entirely at your own risk.
16. Financial Disclaimer
Purchasing precious metals and crypto currencies involves risk. AC does not accept any liability for any investment decisions made on the basis of the information on our website or gleaned from discussions with its staff. AC and its staff do not give investment advice and no conversation should be construed as such. The content within the website is strictly informational, to be used as a source to better your knowledge and judgment before seeking professional advice. Under no circumstances should you assume, take for granted or guess that this content is anything other than informational data. All investments involve different degrees of risk and you should be aware of your risk tolerance level and your financial situation at all times. The AC website does not constitute financial advice and should not be taken as such. AC urges you to obtain professional advice before proceeding with any precious metal or crypto currency investment decision.
17. Legal Advice
AC and its staff do not give legal advice. AC urges you to obtain professional legal and financial advice before proceeding with any precious metal or crypto currency decision.
18. Miscellaneous
AC reserves the right to make any changes to its website (including Crypto prices) at any time without prior notice.
19. Customer Service Policy
AC is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. Standard delivery time frames are between 3-10 business days; in the event that an ordered item is not available or we are unable to fulfill your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.
20. Security Policy
When purchasing from AC your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is approximated to take at least one trillion years to break and is the industry standard.
If you have any questions regarding our security policy, please contact our customer support centre - [email protected].
21. General
AC reserves the right to make any changes to its website (including Crypto prices) at any time without prior notice.
If there are two or more Customers:
- You will be treated as owning the crypto, and receiving the services, jointly. If any of you die, the Property will be treated as the Property of the survivor or survivors jointly;
- You will be jointly and severally liable to AC under this Agreement.
- You may not assign any of your rights under this Agreement. We may assign our rights under this Agreement at any time without notice to you.
This Agreement is governed by the laws of Queensland.
No failure or delay by us in enforcing this Agreement shall amount to a waiver of any of our rights.
22. Contact Information
For any queries or clarifications regarding our terms of service, we encourage our users to get in touch with us. You can reach out to our dedicated customer service team at [email protected] or call us at 1800 AINSLIE. We are committed to providing prompt and comprehensive responses to all your inquiries.