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User Agreement

These Terms of Use are effective from November 21, 2025.

These Terms of Use (“Agreement” or “Terms”) form a legally binding contract between you (“user”, “you”, “your”, or “yours”) and Gate Information Pty Ltd (ABN: 60 659 401 617) (“Gate AU”, “we”, “us”, “our” or “ours”), and govern your use of the services specified below or such other services that Gate AU may provide from time to time, through our website au.gate.com, APIs, mobile application or such other mediums (“Platform”) (“Gate AU Services”).

Gate AU is enrolled and registered with the Australian Transaction Reports and Analysis Centre (“AUSTRAC”) as a provider of digital currency exchange services, in accordance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (the “AML/CTF Act”).

Gate AU’s registered office is at LEVEL 44 600 BOURKE STREET MELBOURNE VIC 3000.

Prior to creating an account on the Platform You will be asked to provide your full name and email address, set up your password, and then click on the “I agree” button presented with these Terms, you confirm that you agree to comply with all provisions of these Terms, the Privacy Policy, Risk Disclosure Statement and any such other policies/ disclosure statements/ rules available on the Platform or communicated to you in accordance with these Terms (collectively or individually, the “Terms”). You shall be the counterparty to these Terms and all operations from your end will be recorded in our s.

1.  Changes to this Agreement. Gate AU may modify the Terms by providing prior notice. The proposed changes will become effective on the day of notice of change provided by Gate AU. By clicking on the “I Agree” button or checkbox presented with the modified Terms, or by continuing to access or use of the Gate AU Services, you signify your consent and confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Gate AU Services and the Platform.

2.  Binding Agreement. Please carefully read the Terms. By using the Platform or availing any Gate AU Services, you agree and confirm that you have read, understood, consent to, will comply and will be bound by these Terms. If you are not in agreement, please do not attempt to open an account on the Platform or otherwise avail any Gate AU Services.

3.  Schedules. The Privacy Policy, Risk Disclosure Statement and any such other policies/ disclosure statements/ rules, published on the Platform are incorporated into these Terms by reference, and form part of your contractual relationship with us.

4.  Gate AU Does Not Offer Advice. For the avoidance of doubt, you acknowledge and understand that Gate AU does not provide investment, tax, or legal advice, and you are solely responsible for any transaction, investment, strategy, decision, or other act that you make when using any of the Gate AU Services. Gate AU may provide educational material or information related to the services or virtual assets in general on the Platform, on Gate AU’s social media account, or other channel of communication. Such educational material or other information that Gate AU publishes, or otherwise shares with you, directly or indirectly, is not an investment advice, financial advice, or any other type of advice and you should not treat it as such. You agree to not hold Gate AU liable for any decision or action taken by you based on information or educational material published or otherwise shared by Gate AU or any of the Group Companies (i.e any parent company, subsidiaries, affiliates and any entity under common control).

5.  Gate AU is Not a Fiduciary. Gate AU is not acting as your broker, trustee, or in any other fiduciary capacity. Each and every trading transaction that Gate AU facilitates is automatically facilitated by and through Gate AU’s order matching process, which processes the order instructions that you submit.

6.  Eligibility. To use Gate AU Services, you must be either: (i) an individual who is opening an account on your own behalf; or (ii) legal entity, who is opening an account for the legal entity’s own use.

a. Individuals. If you are an individual that is opening an account on your own behalf, you agree and represent that the following statements are at all times true, accurate, complete and updated:

    • You are a natural person who is at least eighteen (18) years old or the age of majority in your country of residence.
    • You have the capacity to accept and be bound by this Agreement.
    • You are an Australian resident and are located in Australia at the time you access the Platform or use any Gate AU Services. 
    • Gate AU Services are offered exclusively to Australian residents. Any access or use of the Platform or the Gate AU Services from outside Australia is strictly prohibited.
    • You are not also a resident of, located in or otherwise attempting to access the Platform or the Gate AU Services from a Restricted Location. For the purposes hereof, “Restricted Location” shall include Afghanistan, Algeria, American Samoa, Bangladesh, Belarus, Bolivia, Central African Republic, China, Democratic Republic of the Congo, Egypt, Eritrea, Gaza Strip, West Bank, Guam, Guinea, Guinea-Bissau, Iran, Iraq, Japan, Kuwait, Lebanon, Libya, Mali, Morocco, Myanmar, Nepal, North Korea, North Mariana Islands, Pakistan, Puerto Rico, Russian Federation, Somalia, South Sudan, Sudan, Syria, Tunisia, Ukraine, United States, United States Virgin Islands, Venezuela, Yemen, Zimbabwe and such other locations as specified by Gate AU from time to time.
    • You are otherwise eligible to use the Gate AU Services under applicable laws.
    • You have not: violated, been fined, debarred, sanctioned, been subject to economic sanctions-related restrictions, or otherwise penalized under, received any oral or written notice from any governmental bodies concerning actual or possible violation by you under, or received any other report that you are the subject or target of sanctions, restrictions, penalties, or enforcement action or investigation under, any applicable laws (including but not limited to anti-money laundering (“AML”) and counterterrorist financing (“CTF”), market abuse, financial crime, anti-corruption, or economic sanctions laws).
    • You are the individual who is opening your Gate AU individual account.
    • You will not use or allow others to use your Gate AU individual account.
    • You are the sole beneficiary of your Gate AU individual account.
    • You do not currently have an account with us.
    • You have not previously been banned or suspended from using any Gate AU Services or services offered by any other Group Companies.
    • You have not previously had your account closed by us or any other Group Companies.

b. Legal Entity: If you are a legal entity opening an account (or an institutional account), you agree and represent that the following statements are at all times true, accurate and complete:

    • The legal entity is validly incorporated and in good standing under the laws of Australia.
    • The legal entity, the beneficiary of the legal entity, or the beneficiary of the account, or any entity in the legal entity’s group of companies (individually or collectively as “Represented Person”) is not a resident of or located in any of the Restricted Locations.
    • The individual who has created the account is a duly authorized representative of the legal entity and such individual is authorized to create such account and bind the legal entity to these Term. Accordingly, when the term “you” is used herein in this Agreement and any associated contents, terms and policies, “you” shall refer not only to you, the individual who has created the account, but also the Represented Person. You and the Represented Person are jointly and severally bound under this Agreement. Accordingly, you also undertake that the Represented Person is capable of and agreeable to being bound by this Agreement.
    • Neither you, nor the Represented Persons, is subject to any sanctions administrated or imposed by a sanction’s authority.
    • Neither you, nor the Represented Persons have previously been suspended or banned from using the Gate AU Services.
    • The Represented Persons do not currently have an account with us.
    • Neither you, nor the Represented Persons have previously been banned or suspended from using Gate AU Services or services offered by any other Group Companies.
    • Neither you, nor the Represented Persons have previously had its account closed by us.

7.  User classification and suitability assessment. During the course of establishing and maintaining a business relationship with you, Gate AU may assess the nature of your intended use of the services and your level of knowledge and experience in relation to digital assets. This assessment is conducted to help us meet our obligations under Australian law, including obligations relating to the AML/CTF Act, consumer protection and responsible provision of services. This assessment does not constitute personal advice and does not consider your objectives, financial situation, or needs.

You must promptly notify Gate AU of any change in your circumstances that may be relevant to your use of the services. Gate AU may from time to time review the information it holds about you and, if it becomes aware (through periodic review, information received from you, or otherwise) of circumstances that in its reasonable opinion require a change in how your account or activity is treated for compliance or risk management purposes, Gate AU may reclassify or restrict your account accordingly, by written notice.

8.  Verification and Recordkeeping. When you are in the process of opening an account, we will request that you provide us with information that allows us to verify your identity. In providing us with this information, you agree that the information that you provide to us is true, complete, and accurate. If any of the information that you provided to us changes, you agree to update your details promptly upon such change. See our Privacy Policy for further information on how we process your information and the rights that you may have.

 

a. Identity Verification. During your account registration, you agree to provide us (or any third party service provider appointed by us) with the information that we request, for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime. Based on Gate AU’s risk assessment, Gate AU may directly or through a third party, require additional documents/ information from you. You will be required to complete these verification procedures before you are permitted to open an account or use any of the Gate AU Services. Your ability to access or use the Gate AU Services, including any limits on your account, may be altered as a result of the information that we collect about you at any time.

 

b. Verification Information. As a digital currency exchange registered with AUSTRAC under Australian law, we may directly or through a third party identify each individual and institution that is applying for an account. The information that we require you to provide us with is based on our internal risk parameters, legal requirements, and the account that you are requesting to open. For these reasons, the information that you agree to provide us with and also agree to allow us to verify and record includes:

 

    • A unique username and password that you create;
    • Your email address;
    • Your country of residence;
    • Your government identification document that includes your name, date of birth, issuing country, and expiration date;
    • Your physical address.

If you are requesting to open an institutional account, in addition to the above information, we may require, and you agree to provide us with:

    • The names, birthdates, and other information about your institution’s controlling individuals or beneficial owners (who control or own more than 25% of the institution’s shares or voting rights)
    • Your institution’s formation and/or good standing documents;
    • Your authorization to act on behalf of your institution and open its account.

c. Enhanced Due Diligence. You agree to also provide us with any additional information that we request, before using or continuing your use of, the Gate AU Services. Such information may include your:

    • Source of funds;
    • Employment information
    • Income information;
    • Expected services activity.

d. Recordkeeping. We collect and verify information about you to comply with our obligations under the AML/CTF Act and AUSTRAC reporting rules, and for reasons such as to ensure that Gate AU and our users are protected from illicit actors, and to keep appropriate records in compliance with applicable laws. You agree to provide us with the information we request for these reasons and to detect and deter money laundering, terrorism, and other illicit activities. You further agree that you permit us to keep such information for a minimum of seven (7) years as required under AUSTRAC guidance, or such other period as prescribed by applicable laws.

e. Maintaining up-to-date information: After registration, you must ensure that all information provided by you to Gate AU is true, accurate, complete, and timely updated when changed. If there are any grounds for believing that any of the information you provided is incorrect, misleading, false, outdated or incomplete, Gate AU reserves the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of Gate AU Services we provide to you. If we are unable to reach you with the contact information you provided, you shall be fully liable for any loss or expense caused to Gate AU during your use of Gate AU Services. You hereby acknowledge and agree that you have the obligation to update all the information if there is any change. By registering an account, you hereby authorize Gate AU to conduct investigations that Gate AU considers necessary, either directly or through a third party, to verify your identity or protect you, other users and/or Gate AU from fraud or other financial crimes, and to take necessary actions based on the results of such investigations. You also acknowledge and agree that your personal information may be disclosed to credit bureaus and agencies for fraud prevention or financial crime prevention, which may respond to our investigations in full.

9.  Authorization to Inquire. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or comply with our obligations under the AML/CTF Act, and protect you and Gate AU against fraud or other financial crime, and to act as we reasonably deem necessary based on the results of such inquiries. This includes, where applicable, verifying your mobile number and related subscriber information with your wireless operator to confirm your identity. Such information may include your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI), and other subscriber status details, solely to allow verification of your identity for the duration of your account. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating.

10.  Securing your Account. You acknowledge that your account is personal to you, and that you will be the only person who uses it. You must not share your login credentials or access information with any third party. In the event that we suspect another person is using your account, in our sole and absolute discretion, we reserve the right to terminate, suspend, or restrict your account. You acknowledge that you accept full responsibility for any misuse of your account. You agree to exercise caution if you access your account from a public or shared computer and that you will log out of your account at the end of each session. You are also responsible for maintaining adequate security and control of any and all IDs, passwords, hints, Personal Identification Numbers (PINs), API keys or any other codes that you use to access the Gate AU Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your account by third parties and the loss or theft of any virtual assets. You are responsible for keeping your account information up to date, which includes your information that allows you to receive any notices or s that we may send you. We assume no responsibility for any loss that you may sustain if your account login credentials are compromised due to no fault of ours or due to your failure to follow up or act on any notices or alters that we provided you with. We may also require that you have a device that can install and support multi-factor authentication. Regardless of whether you meet these requirements, Gate AU Services may still be temporarily unavailable due to high market volatility, technical issues, or compliance-related restrictions. You understand that this may result in you not being able to use any of the Gate AU Services and may lead to our customer support team’s delay in responding to you.

11.  Virtual Assets Services. The Gate AU Services are only available in connection with supported virtual assets which may change from time to time (collectively “virtual assets”) . A list of the supported virtual assets is published on our Platform. We may remove or suspend one or more virtual assets from the list of supported virtual assets at any time (where possible, with a reasonable period of advance notice to you), meaning that you will no longer be able to access such virtual assets as part of the Gate AU Services and will only be permitted to withdraw the virtual assets from your Gate AU account. We may do so with immediate effect and without reason. Gate AU may in its discretion convert such virtual assets to a different type of virtual asset.

Gate AU facilitates the exchange, deposit, withdrawal, and custody of virtual assets through the Platform and may charge applicable fees which will be displayed prior to any transaction. Deposits and withdrawals are subject to network confirmations, availability, and operational considerations, and Gate AU makes no representations or guarantees regarding the timing or completion of any transaction. Gate AU provides hosted wallets for supported virtual assets and may require verification of control over any external account used for transfers.

We securely store virtual asset(s) private keys, which are used to process transactions, in a combination of online and offline storage. Your wallet is intended solely for proper use of supported virtual assets as designated on the Platform. You must not, under any circumstances, attempt to use your wallet to store, send, request, or receive any assets other than supported virtual assets. Gate AU is not responsible for any unsupported virtual asset that is sent to a wallet associated with your account. Gate AU may, in its discretion, terminate support for any particular virtual asset.

Title to supported virtual assets shall at all times remain with you and shall not transfer to Gate AU. All interests in virtual assets we hold for Wallet are held for users, are not property of Gate AU, and are not subject to claims of Gate AU’s creditors. As owner of the supported virtual assets in your Wallet, you shall bear all risk of loss of such supported virtual assets. Gate AU shall have no liability for supported virtual asset fluctuations or loss.

Virtual assets sent to a wallet or wallet address that is not supported by Gate AU may be lost. Gate AU bears no liability or responsibility for virtual assets that are sent to a wallet not supported by Gate AU or sent to an address you entered erroneously. Gate AU cannot reverse a virtual asset deposit or withdrawal that has been broadcasted to the virtual asset’s network. Please note that once a withdrawal has been completed and any other activities occur outside of the platform of Gate AU, it will no longer be under the control of Gate AU. Please also kindly note that we may provide a link to any third party website or platform, you acknowledge and agree that all activities occur between you and such third party websites or platforms are out of our control, and you should carefully read and fully understand the terms and conditions provided by them, including but not limited to the operating entities, their locations, and the obligations and rights between you and them. You should always verify that the wallet address that you are sending virtual assets to is entered correctly prior to sending any virtual assets from your Gate AU account.

12. Pending Deposits or Withdrawals. Virtual assets associated with transactions that are in a pending state will be designated accordingly and will not be included in your Gate AU account balance or otherwise be available to you to use within the services. Gate AU reserves the right to delay or cancel any virtual asset withdrawal, deposit, or other exchange that you perform if we perceive a risk of fraud or illegal activity. Gate AU also reserves the right to refuse to process or to cancel any pending virtual asset withdrawal, deposit, or exchange as required by law or in response to a subpoena, court order, or other binding government directive, or to enforce our account’s limits.

13. Supported Virtual Assets. The virtual assets that we support may change from time to time including in accordance with all applicable laws. Under no circumstances should you attempt to use the Gate AU Services to store, send, request, or receive virtual assets, in any form, that we do not support. We do not assume any responsibility or liability in connection with any attempt to use the Gate AU Services for virtual assets that we do not support. In the event that we remove a virtual asset that we support, we will provide you with prior notice. The list of the supported virtual assets is published on the Platform.

14. Fees. You agree to pay all applicable fees in connection with your use of the Gate AU Services as set out in the Fee Table published on the Platform, or otherwise communicated to you in any Terms (“Fee Table”).

You authorise Gate AU to deduct all applicable fees, charges, commissions, or other sums that you owe under these Terms from your Gate AU account. If you do not have sufficient assets in the relevant virtual asset, Gate AU may, at its discretion, deduct the sums owed in another virtual asset by converting your holdings at a rate determined by Gate AU in a commercially reasonable manner. If there are insufficient assets in your Gate AU account, you acknowledge that any amount due under this clause is a debt immediately due and owing to Gate AU.

Trades – Trade fees are calculated in accordance with the Fee Table. Any portion of an order that has not executed will be refunded in full upon cancellation.

Deposits – Gate AU does not charge fees for deposits or withdrawals, except for any network transfer fees or other fees payable to external networks.

You authorize Gate AU to remove supported virtual assets from your wallet for any applicable fees owed by you under these Terms.

Gate AU may adjust fees from time to time, including introducing new fees or changes to the Fee Table. Gate AU may provide advance notice of fee increases where practicable. Your continued use of the Gate AU Services constitutes acceptance of the updated fees. Any reduction in fees will take effect from the date of amendment.

15. Operation of Virtual Asset Protocols. We do not own or control the underlying software protocols which govern the operation of the virtual assets we support. In general, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. By using the Gate AU Services, you acknowledge and agree that we are not responsible for operation of the underlying protocols and that we make no guarantee of their functionality, security, or availability; and the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the virtual assets you store using your Gate AU account and the Gate AU Services.

We do not generally offer support for the distribution of virtual assets based on a triggering fact or event (“Airdrop”). However, on becoming aware of an Airdrop or fork affecting the Platform or other virtual assets, Gate AU shall uate its impact and publish notification for the users. We will communicate clearly with all affected users throughout the process of uation.

Further, in the event of a fork or Airdrop, you acknowledge that Gate AU reserves the right to temporarily suspend our operations (with or without advance notice to you) and that Gate AU may, in its sole discretion, decide whether to support (or cease supporting) a branch of the forked protocol entirely. You acknowledge and agree that Gate AU does not assume any responsibility and liability for any losses incurred to the users due to an unsupported forked protocol.

16. Depositing Funds. When you are depositing funds to your Gate AU account, you may be asked to answer security questions or complete other acts that we or the third party service requests from you so that we can ensure that the funds that are being deposited to your Gate AU account has been authorized. These limits are set dynamically depending on factors including the information you provided us with, and the upload method that you want to use. You acknowledge and understand that depending on your Gate AU account, we may set the limits of your funds deposit higher than your withdrawal and exchange limits.

17. Payment Method. Gate AU does not guarantee the access to or use of any particular payment method that we may make available, and we may change or discontinue the acceptance of any payment method at any time. Gate AU shall be responsible and liable for ensuring the security of funds that have been successfully deposited into your Gate AU account. However, Gate AU disclaims any responsibility or liability for funds that have not been successfully deposited into your Gate AU account due to reasons beyond Gate AU’s control such as incomplete payment instructions or errors made by any such payment service providers, or for funds that you have withdrawn to your other accounts outside of Gate AU.

18. Withdrawing Funds. You may request a withdrawal of all, or part of the funds held in your Gate AU account at any time. We do not guarantee the availability of any particular withdrawal method and we may make changes to or discontinue a particular withdrawal method at any time. Your Gate AU account is subject to withdrawal limits. These limits are adjusted dynamically depending on the information that you provided to us, and your Gate AU account. Before withdrawing any funds from your Gate AU account, you must ensure that your current withdrawal limits meet your applicable withdrawal requirements. If your withdrawal request exceeds your current withdrawal limit, your withdrawal request may be declined. We may also require you to provide us with additional information that allows us to verify your identity. You agree that it is your responsibility to ensure that the details that you enter when withdrawing funds are true, accurate, updated and complete. Gate AU will not be liable for funds that you have withdrawn to the wrong account or any relevant fees, costs, charges or penalties.

19. Exchanging Funds. You can purchase virtual assets we support using the funds in your Gate AU account. Any purchase that you make using your Gate AU Account, or other payment method must follow payment method’s instructions displayed to you on the Platform. We reserve the right to cancel any transaction that is not confirmed by you within five (5) seconds after you have been quoted the transaction’s price. If, for whatever reason, we reject your transaction, we will provide you with a notice of such rejection and you will not be charged for such rejected transaction.

20. Reversals and Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize Gate AU, in its sole discretion, either to cancel the transaction or to debit another one of your payment methods, including your Gate AU account balances or linked accounts, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, nonsufficient funds, or similar fees charged by your payment method’s provider. Gate AU reserves the right to refuse to process, or to cancel or reverse, any purchases or sale of virtual assets in its sole discretion, even after funds have been debited from your account(s) if we have a suspicious that the transaction involves or has a high risk of involvement in money laundering, terrorist financing, fraud, or any other type of financial crime, that the transaction is erroneous, or the transaction is against our Approved Use Policy, or in response to a subpoena, court order, or other government directive.

21. Unauthorized, Suspicious, and Incorrect Transactions. You are solely responsible for your Gate AU account and access thereto. Gate AU processes supported virtual exchanges, deposits, and withdrawals according to the information and instructions that we receive. Gate AU does not guarantee the identity of any user, receiver, requestee or other party. Any instructions or information that we receive or your Gate AU account activity, we will assume has been authorized by you, unless you have provided us with a prior notice. Gate AU is under no obligation to review, verify, or confirm the identity or authority of any person that accesses or use of your Gate AU account. In the event that you believe your Gate AU account has suspicious activity or unauthorized activity, contact us immediately at: suppot_au@gate.com We assume no responsibility for any loss that you may sustain due to suspicious, unauthorized, or incorrect transactions that are due to no fault of ours. You hereby agree to indemnify us to the full extent of the applicable law. You further agree that any claim brought under this section will be null and void unless you have notified us within one year from the day that the subject transaction was posted on your Gate AU account. We encourage you to regularly review all transaction activity on a regular basis.

22.  Transactions Limits. The use of the Gate AU Services is subject to a limit on the amount of volume that you may exchange, withdraw, or otherwise transact in during a given period (e.g., daily). Your transaction limits may vary depending on your payment method, the verification steps that you have completed, and other factors. Gate AU reserves the right to change applicable limits as we deem necessary and in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request to us at suppot_au@gate.com. We may require you to submit additional information about yourself or the organization that you are acting on behalf of. We may also require you to provide us with records, arrange a meeting with us, and any other requirement set forth in our internal compliance policies and procedures. Gate AU reserves the right to charge you costs and fees associated with the additional information related to your request to increase your Gate AU account limits, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time even if you have provided us with all of the information that we requested.

23.  Debts. If, for any reason, there remains outstanding debts or fees that you owe to Gate AU, we reserve the right to debit your Gate AU account accordingly and/or withhold amounts that you transfer between your Gate AU accounts.

24. Over the Counter Services. This clause applies to you if you are using Gate AU’s Over-the-Counter (“OTC”) trading services for Virtual Assets (the “OTC Services”). The OTC Services are provided to facilitate large, customized transactions directly between you and Gate AU, outside of the public exchange order book.

a. Eligibility. Your ability to access and use the OTC Services is conditional upon you having and maintaining a Gate AU account in good standing and continuing to satisfy all eligibility, account opening, verification, ongoing due diligence and Restricted Location requirements set out elsewhere in these Terms. Gate AU may prescribe additional eligibility criteria that apply specifically to the OTC Services (including, without limitation, higher or additional due diligence standards, minimum or maximum transaction sizes, and product-, counterparty- or jurisdiction-specific limits), and may require you to provide such additional information, documentation and evidence as it reasonably considers necessary for those purposes.

Gate AU may, in its sole discretion and at any time, refuse, suspend, restrict or withdraw your access to any or all OTC Services (with or without affecting your ability to use other Gate AU Services) if it considers that you do not, or no longer, satisfy the Onboarding Requirements or any OTC-specific eligibility criteria, or for risk management, compliance or any other reasons it considers appropriate.

b. Nature of Relationship. Unless expressly agreed otherwise in writing, Gate AU will not act as your agent, broker, fiduciary or advisor in connection with the OTC Services (or any Gate AU Services). You will be entering into each OTC transaction directly with Gate AU (or an affiliate nominated by Gate AU) as counterparty. You acknowledge and agree that Gate AU may, in its discretion, hedge, offset or otherwise manage its market exposure arising from OTC transactions in any manner it considers appropriate, including by entering into transactions on other trading venues or with other counterparties.

c. Supported Services. OTC Services are available only in respect of the virtual assets that Gate AU supports for OTC trading from time to time. Gate AU may add, suspend or remove any supported virtual asset or trading pair at any time in its discretion. Unless expressly stated otherwise in these Terms or in a separate written agreement with you:

(a) Gate AU does not provide deposit-taking, payment account, wallet, custody or safekeeping services that may be incidental to the OTC Services;

(b) any on-chain or off-chain technical wallet, infrastructure or settlement services in connection with the OTC Services may be performed by third-party service providers, and any such services are incidental to the execution and settlement of the relevant OTC transactions; and

(c) you are responsible for maintaining any external virtual asset wallet required to complete an OTC transaction and for ensuring that any wallet address you provide is accurate, complete and under your control.

If you send, transfer or arrange for the transfer of any virtual asset which is not supported for OTC trading, or otherwise not in accordance with Gate AU’s instructions, Gate AU is under no obligation to accept, credit, return or compensate you for such amount.

d. Instructions and Confirmations. Gate AU may specify one or more order placing channels acceptable for OTC requests and instructions. Any communication, order or instruction that Gate AU reasonably believes to have been provided by you or on your behalf via a designated channel will be treated as having been authorised by you. You are responsible for ensuring the security of any devices, credentials and persons authorised to communicate with Gate AU via the designated channel, in addition to your obligations under these Terms regarding account security and authorised access.

Any price, size, indication of interest or other terms provided by Gate AU may be indicative only and does not constitute a binding offer unless Gate AU expressly designates it as a firm quote. An OTC transaction becomes binding only when:

(a) Gate AU issues a firm quote or other trade terms to you;

(b) you expressly accept those terms within the timeframe specified by Gate AU; and

(c) Gate AU confirms the transaction back to you (whether via the designated channel or through another method approved by Gate AU) (a “Trade Confirmation”).

Once a Trade Confirmation has been issued, the OTC transaction is final and binding and, subject to any rights or processes set out in these Terms or required by applicable law, cannot be cancelled, reversed or amended by you without Gate AU’s prior written consent.

e. Fees and Prices. OTC prices and other commercial terms are determined by Gate AU in its discretion, taking into account prevailing market conditions, liquidity, transaction size, volatility, funding costs and any other relevant factors.

OTC prices may include a spread, mark-up or mark-down and/or separate fees or commissions. Before you accept a Trade Confirmation, Gate AU will disclose to you either (a) an all-in price; or (b) the applicable fees, charges or pricing methodology for the OTC transaction. You acknowledge that OTC prices may differ from prices available on the public exchange or other trading venues and may be more or less favourable.

To the maximum extent permitted by Applicable Law, Gate AU does not owe you any duty of best execution, best price or similar obligation in respect of OTC transactions, and nothing in these Terms should be construed as creating such a duty.

f. Funding and Settlement. Gate AU may require you to pre-fund your Gate AU account with the relevant virtual assets, or to provide collateral or security in a form acceptable to Gate AU, before accepting or settling any OTC transaction. Settlement of OTC transactions will be effected in accordance with the Trade Confirmation and these Terms. This may include debits and credits to your Gate AU account, transfers to or from an external virtual asset wallet, or settlement through one or more third-party service providers.

If you fail to deliver the required virtual assets in the form, amount or within the timeframe specified by Gate AU, Gate AU may, in its discretion and without limiting any other rights or remedies available under these Terms or at law:

(a) delay, refuse, cancel or reverse the relevant OTC transaction in whole or in part;

(b) close out, unwind, terminate or otherwise manage any corresponding hedge, offset or related positions; and/or

(c) charge you for, and set off against any of your virtual assets held with Gate AU, any losses, costs, expenses, fees and charges (including any market losses, funding costs and network fees) incurred by Gate AU in connection with such failure, in each case to the extent permitted by applicable law.

You remain solely responsible for any network fees, gas fees or other third-party charges incurred in connection with transfers made for the purposes of OTC transactions.

g. Other Agreements. Except where expressly stated otherwise in this clause 24, all other provisions of these Terms continue to apply to your use of the OTC Services. Gate AU may enter into a separate written agreement with you regarding your use of the OTC Services (an “OTC Agreement”). If there is any inconsistency between these Terms and any OTC Agreement, these Terms prevail to the extent of that inconsistency, except where such interpretation would be contrary to applicable law. 

25.  Third party service providers: Gate AU may provide certain services to you herein via third parties for operational purposes, such as payment services, anti-money laundering, sanctions and “Know Your Customers” checks. Gate AU may also, from time to time, contract with other members of the Gate AU group of companies for the provision of administrative, operational, marketing services or other services.

26.  Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to this Agreement, to access and use the Gate AU Services, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by Gate AU from time to time. Any other use of the Platform or Content is expressly prohibited and all other right, title, and interest in the Platform or Content is exclusively the property of Gate AU, its affiliates or its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. “Gate AU”, au.gate.com, and all logos related to the Gate AU Services. The Content displayed on the Platform is either trademarks or registered marks of Gate AU, its affiliates or its licensors. You may not copy, imitate, or use them without Gate AU’s prior written consent.

27.  Platform Accuracy. Although we intend to provide accurate and timely information on the Platform (including, without limitation, the Content) may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, agreements, products, and Gate AU Services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Platform are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third party material or on any third party site accessible or linked to the Platform.

28.  Third Party Applications. If, you grant express permission to a third party to connect to your Gate AU account, either through the third party's product or service or through the Platform, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Gate AU account. Further, you acknowledge and agree that you will not hold Gate AU responsible for, and will indemnify Gate AU from, any liability arising out of or related to any act or omission of any third party with access to your Gate AU account. You may change or remove permissions granted by you to third parties with respect to your Gate AU account at any time through the Platform.

29.  Prohibited Use. In connection with your use of the Gate AU Services, your interactions with other users, and third parties you agree and represent that you will not engage in any Prohibited Business or Prohibited Use within our Approved Use Policy. We reserve the right at all times to monitor, review, retain and/or disclose any information that is necessary to satisfy any applicable law, regulation, sanctions programs, legal process, or governmental request. We reserve the right to cancel and/or suspend your Gate AU account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Gate AU account is associated with a use or business that is prohibited.

30.  Suspension, Termination, and Cancellation. Gate AU may suspend, restrict, or terminate your access to any or all of the Gate AU Services, and/or deactivate or cancel your Gate AU account if we are so required by a facially valid court order or binding directive of a government authority, we reasonably suspect you are using your Gate AU account in connection with a use or business that is prohibited, the use of your Gate AU account is subject to any pending litigation, investigation, government proceeding, or perceived heightened risk of legal or regulatory noncompliance associated with your Gate AU account activity, or you take any action that Gate AU deems as circumventing our controls, including, but not limited to, opening multiple Gate AU accounts, or abusing promotions which Gate AU may offer from time to time. If we suspend, close, or terminate your use of the Gate AU Services, for any reason, we may provide you with notice of our actions unless a court order or other legal directive prohibits us from providing you with such notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on our confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you. Unless it is otherwise prohibited or restricted under applicable law, you will have the opportunity to transfer your virtual assets from your Gate AU account. You further acknowledge that we may freeze or seize any or all of your funds and/or virtual assets in your Gate AU account to comply with a facially valid court order or binding directive of a government authority and we do not assume any responsibility or liability.

31.  Risks. There is a risk of loss which may result from a failure of the services provided by Gate AU. For further details, please refer to the Risk Disclosure Statement available at Risk Disclosure Statement | Gate.com. 

32. Promotions. Gate AU may make available special offers or conduct promotions for qualifying users. Subject to applicable laws, Gate AU, or the issuer of a virtual asset, subject to an offer or promotion may establish qualifying criteria to participate in any special promotions in its sole discretion. Gate AU may revoke any special offer at any time and for any reason without advanced notice to you. Gate AU is under no obligation to make available special offers to any of the Gate AU users. Gate AU makes no recommendation and does not provide any advice about the value or utility of a virtual asset as part of a promotion.

33. No Partnership or Agency. Nothing in this Agreement shall be deemed to create any partnership, joint venture, or other profit-sharing or collaborative business relationship between you and Gate AU. Neither you nor Gate AU shall be considered an agent of the other for any purpose, and neither party has authority to act on behalf of or bind the other in any way.

34. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the services, and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Gate AU account. You understand that Gate AU shall report your Gate AU account transaction activity or other activity associated with your use of the Gate AU Services to applicable tax authority or other governmental authority, to the extent that reporting is required by applicable law or valid legal order.

35. Unclaimed Property. If Gate AU is holding virtual assets in your Gate AU account, and Gate AU is unable to contact you and has no record of your use of the Gate AU Services for several years, applicable law may require Gate AU to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, Gate AU will use our best efforts to contact you at the address shown in our records, but if Gate AU is unable to get in touch with you, we may be required to deliver any funds that are maintained in your wallets to the applicable state or jurisdiction as unclaimed property. Gate AU reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

36. Administration. For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your Gate AU account, during which time no transactions may be completed unless and until (i) your designated representative has opened a new Gate AU account, as further described below, and the entirety of your Gate AU account has been transferred to the new account; or (ii) we have received proof in a form satisfactory to us that you have not died. If we have reason to believe you may have died but we do not have proof of your death in a form satisfactory to us, you authorize us to make inquiries, whether directly or through third parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us that you have died, the valid representative will be required to open a new Gate AU account. If you have not designated a representative, then we reserve the right to (i) treat as your representative any person entitled to inherit your Gate AU account, as determined by us upon receipt and review of the documentation we, in our sole and absolute discretion, deem necessary or appropriate, including (but not limited to) a will, a living trust or a small estate affidavit, or (ii) require an order designating a representative from a court having competent jurisdiction over your estate. In the event we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the representative designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your Gate AU account.

37. Feedback or Questions. If you have any feedback or general questions you may contact our customer support via electronic mail at suppot_au@gate.com. When you contact us, please provide us with your name, account number, and any other information that we may need to identify you. If you believe your account has been compromised, you can report your claim by emailing us at suppot_au@gate.com.

38. Service of Process. Gate AU requires that all legal documents, which includes subpoenas, complaints, and small claims, be served on our registered agent for service of process. By accepting service of a legal document, Gate AU does not waive any objections to such legal document that Gate AU may have and raise in response to such document, including insufficient service or process. If you are serving a legal document upon one of our registered agents, please note that the registered agent will not accept service of such legal document unless the recipient of the legal document matches Gate AU’s registered name, Gate Information Pty Ltd.

39. Complaints. If you have a complaint with Gate AU, you agree to first contact Gate AU’s customer support at suppot_au@gate.com and attempt to amicably resolve the dispute that you have with Gate AU. If you are unable to resolve your dispute with Gate AU, you agree to Gate AU’s formal complaint process that is detailed in the following Section as well as Gate AU’s Complaints Handling Policy that is available on the Platform.

40. Formal Complaint Process. If you have a complaint related to Gate AU, including your Gate AU account or the services we offer, you agree to first contact our customer support at suppot_au@gate.com and try to resolve your complaint amicably. In the event that you are unable to resolve the reasons for your complaint with Gate AU’s customer support, you agree to fill out and submit the Gate AU complaint form, which is found here, or you may receive it from Gate AU’s customer support. If you prefer to attempt to amicably resolve the reason for your complaint by written mail, you may send your complaint to Gate AU’s address, which is LEVEL 44 600 BOURKE STREET MELBOURNE VIC 3000]. Within the complaint that you send by written mail, please include as much information about your complaint as possible, such as a description of your complaint, how you would like us to resolve your complaint, the support case number, and any other information that is relevant to the complaint with Gate AU. We will acknowledge receipt of your complaint promptly after you have submitted it to us and we have received it, whether you submitted your complaint by Gate AU’s form or by written mail. A Gate AU customer relations representative will then review and uate your complaint based on the information that you have provided and the information that is in the possession of Gate AU. We will provide you with a response promptly after completing our review of your complaint, except in extraordinary circumstances in which case we will let you know if more time is required. Gate AU is not licensed or authorised by other Australian regulators, including but not limited to the Australian Securities and Investments Commission (ASIC) or the Australian Prudential Regulation Authority (APRA). Complaints about Gate AU are therefore not within the jurisdiction of the Australian Financial Complaints Authority (AFCA), and you will not have access to compensation under the Financial Claims Scheme administered by APRA.

41. Communications. By using the Services and opening a Gate AU account, you consent to receive all agreements, notices, disclosures, statements, records and other communications that we provide in connection with your account and our Services (collectively “Communications”) electronically. We may provide Communications by posting them on the Platform, by emailing them to the primary email address you have registered with us, through secure messages to your account, or by other reasonable electronic methods such as SMS or mobile notification.

You must keep your contact details true, accurate and current, and you are responsible for ensuring that you can access and retain Communications provided in electronic form. If we send a Communication to the details you have supplied, it will be deemed delivered to you when sent.

You may withdraw your consent to receive Communications electronically at any time by contacting us at suppot_au@gate.com. If you withdraw consent, we may not be able to continue to provide some or all of the Services to you. If this requires us to suspend or close your account, we will notify you before taking such action.

42. Computer Viruses. Gate AU disclaims any and all liability for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms, or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Gate AU. Always log into your Gate AU account through the official site relating to the Platform to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

43. Release of Gate AU and Indemnification. If you have a dispute with one or more users of the Gate AU Services, you release Gate AU, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, and representatives from any and all claims, demands, and damages (actual, consequential, or presumed) of every kind and nature arising out of or in any way connected with such disputes.

44. Indemnity. You agree to indemnify and hold Gate AU, its affiliates and service providers, and each of their respective officers, directors, agents, employees and representatives (collectively “Indemnified Parties”), harmless from and against any claim, liability, demand, costs, expenses (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority), damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses), actions (including any threatened actions), proceedings, demands, suits, investigations, (“Losses”) arising out of or related to (a) your access or use of the Platform; (ii) breach or anticipatory breach of the Terms or the Exchange Trading Rules; (iii) violation or anticipatory violation of Applicable Laws or rights of any third party. You will cooperate fully as required by the Indemnified Parties in the defense of any such claims and Losses. You will not settle any claims or Losses without Gate AU’s prior written consent. Gate AU shall have the right to undertake, conduct and control, through counsel of its own choosing and at the sole expense of the user, the conduct and settlement of any third party claim.

45. Limitation of Liability and No Warranty. IN NO EVENT SHALL Gate AU, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED VIRTUAL ASSET ON DEPOSIT IN YOUR Gate AU ACCOUNT, OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE PLATFORM OR SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Gate AU WAS OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT Gate AU FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED VIRTUAL ASSETS AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITES, OR OTHER TYPES OF SPECIAL, INCIDENTIAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Gate AU’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Gate AU SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. Gate AU DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE PLATFORM, ANY OF THE MATERIALS CONTAINED THEREIN, OR ANY Gate AU SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERRORFREE.

Gate AU makes no representations about the accuracy or completeness of historical virtual assets price data available on the Platform. For the avoidance of doubt, nothing in these Terms excludes, restricts, or modifies any mandatory consumer guarantee, right, or remedy conferred on you as an Australian resident by the Australian Consumer Law (ACL) under the Competition and Consumer Act 2010 (Cth) that cannot lawfully be excluded, restricted, or modified by agreement. All other warranties, guarantees, conditions, or remedies, whether express or implied by statute, common law, or otherwise, are expressly excluded to the fullest extent permitted by law.

NO DEPOSIT INSURANCE. NO VIRTUAL ASSETS HELD IN YOUR ACCOUNT IS ELIGIBLE FOR ANY PUBLIC OR PRIVATE DEPOSIT INSURANCE PROTECTION.

NO VIRTUAL ASSETS HELD ON BEHALF OF CUSTOMERS ARE ELIGIBLE FOR PAYMENT OF INTEREST.

46.  Entire Agreement. This Agreement, Gate AU’s policies, terms, and conditions, and each and every term or condition that is applicable to you, whether incorporated by reference herein comprise the entire understanding and agreement between you and Gate AU as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of these Terms), and every nature between and among you and Gate AU. Section headings in the Terms are for convenience only and shall not govern the meaning or interpretation of any provision of the Terms.

47.  Assignment. This Agreement, and any other document, material, or information referenced herein is particular to you and any attempt that you make to assign, novate, or transfer your rights, interests, liabilities and/or obligations is null and void, unless you have received Gate AU’s prior written consent. Gate AU reserves the right to assign our rights without restriction, including without limitation to any Gate AU affiliates or subsidiaries, or to any successor in interest of any business associated with the services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties and their successors and permitted assigns.

48.  Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation, or any governmental agency whether local, state, or federal, such provision shall be interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law, and the validity or enforceability of any other provision of this Agreement shall not be affected.

49.  Change of Control. In the event that Gate AU is acquired by or merged with a thirdparty entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control, in accordance with the Privacy Policy.

50.  Survival. All provisions of this Agreement, which by their nature extend beyond the expiration or termination of these Terms, including, without limitation, sections pertaining to suspension or termination, indemnity, Gate AU account cancellation, debts owed to Gate AU, general use of the Platform, disputes with Gate AU, and general provisions, shall survive the termination or expiration of this Agreement.

51.  Governing Law. These Terms (including any arbitration agreement contained herein) shall be governed by, and construed in accordance with, the laws of Hong Kong. Any dispute, controversy, difference, or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach, or termination thereof, or any dispute regarding non-contractual obligations arising out of or relating to them, shall be referred to and finally resolved by arbitration administered in Hong Kong under the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration agreement shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The tribunal shall consist of one arbitrator. The language of arbitration shall be English.

To the extent required by the ACL or any other applicable legislation, Gate AU agrees that this clause shall not prevent you from exercising any non-excludable statutory right to seek a remedy or assistance from an Australian court, tribunal or regulator.

52.  Class Action Waiver. You and Gate AU agree that any claims relating to these Terms or to your relationship with Gate AU as a user (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought in arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of Gate AU.

53.  Force Majeure. Gate AU shall not be liable for delays, failure in performance or interruption of service that result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications, Internet, or network provider services, failure of equipment and/or software, or any other catastrophe or occurrence that is beyond our reasonable control, and no such cause or condition shall not affect the validity and enforceability of any remaining provisions.

54.  Non-Waiver of Rights. This Agreement shall not be construed to waive rights that cannot be waived under the applicable laws in the jurisdiction where you are located.

Annexure A - Approved Use Policy

Prohibited Use

You may not use your Gate AU account to engage in the following categories of activity (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive.

  • Unlawful Activity. Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Gate AU conducts business, including but not limited to sanctions administered by the Australian Department of Foreign Affairs and Trade (DFAT), AUSTRAC obligations, and other foreign sanctions regimes, like the U.S. Department of Treasury's Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity; publish, distribute, or disseminate any unlawful material or information.
  • Abusive Activity. Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any , data, or information; transmit or upload any material to the Platform that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Platform, other Gate AU accounts, computer s or networks connected to the Platform, through password mining or any other means; use Gate AU account information of another party to access or use the Platform.
  • Abuse of Other Users. Interfere with another individual's or entity's access to or use of any Gate AU Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Platform about others, including without limitation email addresses, without proper consent.
  • Fraud. Activity which operates to defraud Gate AU, Gate AU users, or any other person; provide any false, inaccurate, or misleading information to Gate AU.
  • Gambling. Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance.
  • Intellectual Property Infringement. Engage in transactions or activities on the Platform involving infringement or violation of any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of Gate AU’s intellectual property, name, or logo, including use of Gate AU’s trade or service marks, without express consent of Gate AU or in a manner that otherwise harms Gate AU or the Gate AU brand; any action that implies an untrue endorsement by or affiliation with Gate AU.

Prohibited Businesses

In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from the Gate AU Services (“Prohibited Businesses”). The specific types of use listed below are representative, but not exhaustive.

By opening a Gate AU account, you confirm that you will not use the Gate AU Services in connection with any of following businesses, activities, practices, or items:

  • Investment and Credit Services. Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; investment schemes.
  • Restricted Financial Services. Check cashing, bail bonds; collections agencies.
  • Intellectual Property or Proprietary Rights Infringement. Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder.
  • Counterfeit or Unauthorized Goods. Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen.
  • Regulated Products and Services. Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis.
  • Drugs and Drug Paraphernalia. Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs.
  • Pseudo-Pharmaceuticals. Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body.
    • Substances designed to mimic illegal drugs. Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom).
  • Adult Content and Services. Pornography and other obscene materials (including literature, imagery, and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features.
  • Multi-level Marketing. Pyramid schemes, network marketing, and referral marketing programs.
  • Unfair, predatory, or deceptive practices. Investment opportunities or other services that promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers.
  • High risk businesses. any businesses that we believe poses elevated financial risk, legal liability, or third party policies.

Conditional Use

Express written consent and approval from Gate AU must be obtained prior to using the services for the following categories of business and/or use (“Conditional Uses”). Consent may be requested by contacting us at suppot_au@gate.com. Gate AU may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use the services in connection with, among others, any of following businesses, activities, or practices:

  • Money Services Businesses. Money transmitters, digital currency transmitters; currency or digital currency exchanges or dealers; gift cards; prepaid cards; sale of ingame currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the services.
  • Charities. Acceptance of donations for nonprofit enterprise.
  • Games of Skill. Games which are not defined as gambling under this Acceptable Use Policy, or by law, but which require an entry fee and award a prize.
  • Religious/Spiritual Organizations. Operation of a for-profit religious or spiritual organization.

 

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