BYTEATLAS PTY LTD trading as CoinByte
1. Acceptance of Terms of Service
1.1 Our website, app, platform and any service offered under the name “CoinByte” is owned and operated by BYTEATLAS PTY LTD (ACN 637 345 290) (“Company”) and its related entities or bodies corporate (“CoinByte”, “we”, “us” or “our”). BYTEATLAS PTY LTD is registered with the Australian Transaction Reports and Analysis Centre (“AUSTRAC”) under the business industry type of Virtual asset services and the sub category of Virtual Asset Exchange Provider (Registration No. 100662269) under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). CoinByte provides virtual asset exchange and related virtual asset services only to the extent described in these Terms and on the Platform. CoinByte does not provide banking, deposit-taking, payment facility, remittance service, merchant payment service, stored value facility or card product services unless expressly stated in a separate product disclosure statement, product disclosure document or other legally required disclosure.
1.2 Your use of this Platform is subject to these terms (“Terms of Service”), unless otherwise specified. The Terms of Service constitute a binding legal agreement between you and us, and your use of the Platform constitutes your acceptance and acknowledgment of the Terms of Service, our Privacy Policy, and any other policy displayed on the Platform. If you do not agree to the Terms of Service or our policies, you must stop using the Platform.
1.3 We may amend these Terms, the Privacy Policy or the Platform where reasonably necessary to reflect changes to our Services, technology, fees, security controls, business operations, legal or regulatory requirements, or to correct an error. We will give you reasonable advance notice by email or through the Platform of any material change that is adverse to you. A change may take effect immediately where this is reasonably necessary to comply with law or a regulatory requirement, respond to fraud or a security incident, protect customers or the Platform, or address an urgent operational risk. In that case, we will notify you as soon as reasonably practicable. A change will not apply retrospectively to a completed Transaction. If you do not agree to a change, you may stop using the Services and request closure of your account, subject to settlement of pending Transactions, payment of amounts properly owing and any legal or regulatory restriction. Your continued use of the Platform after the effective date of a notified change constitutes acceptance of the amended Terms.
1.4 To access and use the Platform, you must: a. be at least 18 years old and have legal capacity to enter into a binding contract; b. be a resident of Australia or New Zealand and notify us promptly if this changes; and c. if you act for an entity, be duly authorised to do so and provide the information and evidence reasonably requested by CoinByte.
1.5 In these Terms:
“Virtual Asset” means a digital representation of value that may be transferred, stored or traded electronically and that is supported by CoinByte on the Platform from time to time. A Virtual Asset may include a cryptocurrency, crypto asset, digital asset, token, coin or similar digital representation of value, but does not include fiat currency, customer loyalty points, in-game currencies or any other excluded asset under applicable law.
“Virtual Asset Service” means a service provided by CoinByte as an AUSTRAC-registered Virtual Asset Service Provider, including the exchange of Virtual Assets for fiat currency, the exchange of Virtual Assets for other Virtual Assets, the transfer of Virtual Assets, and related services made available through the Platform from time to time.
“Fiat Asset” means Australian dollars, New Zealand dollars or any other government-issued currency supported by the Platform from time to time.
“Customer Assets” means the Virtual Assets and Fiat Assets recorded as attributable to your CoinByte account, subject to completed Transactions, applicable fees, authorised deductions, reversals of erroneous credits and amounts properly owing to CoinByte.
“Custodial Virtual Asset Wallet” means a virtual asset wallet or account controlled or administered by a virtual asset service provider, exchange, custodian or other third-party service provider on behalf of its customer.
“Self-Hosted Virtual Asset Wallet” means a virtual asset wallet for which an individual directly controls the private keys, seed phrase or other credentials required to access and transfer the Virtual Assets held in that wallet, without a virtual asset service provider controlling the wallet on that individual’s behalf.
“Travel Rule Information” means information that CoinByte is required or permitted to collect, verify, retain, receive or transmit in connection with a Virtual Asset transfer under applicable AML/CTF laws. This may include information about the payer, payee, originator, beneficiary, relevant accounts or wallets, transaction references and other tracing information.
2. Use of the Website and Services
2.1. Risk Warning
2.1.1 CoinByte does not provide financial product advice and does not make any recommendation or statement of opinion about whether you should buy, sell or hold a Virtual Asset or financial product. Information made available through the Platform, including market data, prices and educational material, is limited to factual information and does not include investment recommendations or trading signals. You should conduct your own research and, where appropriate, obtain independent financial, legal, tax or other professional advice before making a decision.
2.1.2 Trading or holding Virtual Assets involves significant risk and may result in substantial or complete financial loss. Before trading or holding a Virtual Asset, you should consider whether it is appropriate for you having regard to your financial circumstances, objectives, available resources and risk tolerance.
2.1.3 Virtual Assets differ from fiat currency, commodities and other traditional assets. Some Virtual Assets operate on decentralised networks, while others are issued, administered or supported by an identifiable entity. A Virtual Asset may not be legal tender, may not be backed by a government or central bank, and may not maintain any stated or expected value. Its price and availability may change rapidly because of market conditions, investor confidence, issuer or protocol events, competing assets, regulatory changes, liquidity, cyber incidents or technical issues.
2.1.4 CoinByte does not guarantee that a particular Virtual Asset will remain supported by the Platform. We may suspend or discontinue support for a Virtual Asset where reasonably necessary because of legal, regulatory, security, technical, liquidity, issuer, protocol or operational considerations. Where reasonably practicable and legally permitted, we will give advance notice and a reasonable opportunity to sell the affected Virtual Asset or withdraw it to an eligible external wallet permitted under clause 4.8. You are responsible for applicable network or third-party transfer fees.
2.1.5 Once supported Virtual Assets are withdrawn to an eligible external wallet in accordance with clause 4.8, CoinByte no longer controls those Virtual Assets. CoinByte is not responsible for their subsequent security, use, transfer, recovery or performance, except to the extent a loss was caused by CoinByte's fraud, wilful misconduct, negligence, breach of these Terms or breach of a duty that cannot lawfully be excluded. If you send an unsupported Virtual Asset, use an incompatible network or provide an incorrect address or transfer detail, recovery may not be possible. CoinByte may attempt recovery where reasonably practicable but does not guarantee recovery and may charge a reasonable fee disclosed to you before recovery work begins.
2.1.6 CoinByte cannot independently guarantee the identity, intentions, legitimacy or trustworthiness of a recipient or third party. You should not send Virtual Assets to a person or service you do not know or trust. Blockchain transfers are generally irreversible, and you are responsible for checking the destination wallet, network and transfer details before confirming a transfer. CoinByte is not responsible for theft, scams, misappropriation or loss occurring after a correctly executed withdrawal to an external wallet, except to the extent the loss was caused by CoinByte's fraud, wilful misconduct, negligence, breach of these Terms or breach of a duty that cannot lawfully be excluded.
2.1.7 You must take reasonable steps to protect your CoinByte account, including using a strong, unique password, enabling required multi-factor authentication and keeping your devices and authentication details secure. If you withdraw Virtual Assets to a wallet you control, you are responsible for safeguarding its private keys and recovery information. These responsibilities do not reduce CoinByte's obligations to protect the Platform and Customer Assets under these Terms and applicable law.
2.2. Important Notices
2.2.1 You are responsible for considering whether your use of the Platform and the Virtual Asset Services is lawful and appropriate in your circumstances. You should obtain independent professional advice where necessary. Nothing in these Terms transfers to you responsibility for a matter that applicable law requires CoinByte to perform.
2.2.2 You agree that, before acting upon or relying on any materials hosted or made available through the Platform, you have carried out your own research and inquiries. Additionally, you have sought, if you deem it necessary, independent legal, accounting, tax, financial, business, technical, or other professional advice from a suitably qualified professional advisor.
2.2.3 CoinByte is registered with the Australian Transaction Reports and Analysis Centre (“AUSTRAC”) under the business industry type of Virtual asset services and the sub category of Virtual Asset Exchange Provider. CoinByte’s registration with AUSTRAC relates to its AML/CTF obligations and does not, by itself, mean that CoinByte is a bank, authorised deposit-taking institution, holder of an Australian financial services licence, financial adviser, or issuer of a regulated financial product.
2.2.4 You are fully responsible for: a. Maintaining the security of any Crypto Assets not stored in a CoinByte wallet; b. Ensuring the security and integrity of any wallets or keys that are not associated with a CoinByte wallet; c. Safeguarding the security and integrity of your computers, devices, software, and digital interfaces.
2.2.5 It is your responsibility to ensure that the payee information, external wallet address, blockchain network, destination tag, memo, receiving virtual asset service provider and all other transfer details you provide are complete, accurate and up to date. CoinByte is not responsible for the performance, return or recovery of a Virtual Asset after a correctly executed transfer to the destination you selected, except to the extent the loss was caused by CoinByte's fraud, wilful misconduct, negligence, breach of these Terms or breach of a duty that cannot lawfully be excluded.
2.2.6 Crypto withdrawals are provided to allow customers to transfer Virtual Assets to an eligible external wallet address as part of CoinByte’s Virtual Asset Services. Subject to applicable law and CoinByte’s policies, withdrawals may only be made to:
a. a Custodial Virtual Asset Wallet or account held in your own name with another virtual asset service provider; or
b. a Self-Hosted Virtual Asset Wallet that you own and control.
You must provide all information and evidence reasonably requested by CoinByte to comply with AML/CTF laws, Travel Rule obligations, sanctions requirements, fraud prevention controls and wallet risk assessments. CoinByte may require you to verify your ownership or control of an external wallet before processing a withdrawal.
A crypto withdrawal is not a payment facility, remittance service, merchant payment service, stored value facility or card product provided by CoinByte unless expressly stated in separate written terms provided by CoinByte.
3. Your conduct and Registration
3.1 By using CoinByte’s Platform and Services, you affirm that you are a legitimate user for the purpose of trading and holding cryptocurrency.
3.2 You must not:
a. engage in an illegal or prohibited activity, including terrorist financing, money laundering, illegal gambling, distributing or funding illegal drugs, malicious hacking or sanctions evasion;
b. knowingly or recklessly provide false, inaccurate, incomplete or misleading information;
c. scrape, collect, copy, reproduce or systematically extract Platform data or processes except as expressly permitted by CoinByte or law;
d. reverse engineer, disassemble or attempt to derive source code, formulas, systems or processes used by the Platform;
e. compromise or attempt to compromise the security, integrity or availability of the Platform, a CoinByte account or another user's systems or data;
f. use the Platform in a way that infringes intellectual property, privacy or other rights;
g. intentionally or recklessly exploit an error, vulnerability, loophole or unintended Platform function;
h. use Platform data for an unauthorised commercial purpose that competes with or materially harms CoinByte's legitimate interests;
i. impose an unreasonable or disproportionate load on the Platform or interfere with its operation;
j. publish or send spam, unlawful, defamatory, deceptive, offensive or misleading communications through the Platform;
k. collect or store another user's personal information without lawful authority or consent; or
l. interfere with another user's lawful use of the Platform or Services.
3.3 If you breach these Terms, CoinByte may take proportionate action, including restricting or suspending your account, cancelling a pending Transaction that has not been completed, or terminating your access to the Services. To the extent permitted by law, you are responsible for direct loss reasonably incurred by CoinByte or another user to the extent caused by your fraud, wilful misconduct or material breach of these Terms.
3.4 If your account is closed, or you submit a valid withdrawal request while it is restricted or suspended, CoinByte will return remaining Customer Assets to a verified bank account or eligible external wallet held or controlled by you as soon as reasonably practicable. This is subject to settlement of pending Transactions, deduction of amounts properly owing, and any applicable legal, regulatory, sanctions, AML/CTF, law enforcement or reasonably necessary security restriction. Restriction, suspension or closure of an account does not of itself transfer beneficial ownership of Customer Assets to CoinByte.
3.5 CoinByte encourages users to report any issues or vulnerabilities with our Platform and Services by submitting a support request on our website or emailing [email protected].
3.6 To access parts of our website or use some of our Service, you must be a registered user. You can register as a user by providing your name, email address, mobile phone number and certain identity information. You are also required to create a password and username, and confirm your acceptance of these Terms of Service.
3.7 To comply with our anti-money laundering obligations, we may use third party service providers to electronically verify your identity. This may result in a soft footprint being left on your credit report, which is conducted solely for the purpose of verifying your identity and is not a credit check. These searches do not have an impact on your credit file and will not be seen by any company performing their own credit check.
3.8 We may decline to open a CoinByte account where we reasonably consider this appropriate based on our customer eligibility requirements, risk assessment, legal or regulatory obligations, security considerations or internal policies.
3.9 You represent and warrant to us in opening an account with us that you are not acting on behalf of, or for the benefit of, anyone else, unless you are opening the account for and under the direction of the company that employs you or has duly authorised you as their legal representative to open an account with CoinByte in their name and on their behalf.
3.10 If you are opening a CoinByte account for a company, partnership or trust, you further represent and warrant that: a. your company, partnership or trust has and will be operated in a way that is compliant with all relevant legislation, regulations, codes of conduct or regulatory guidance or directions; b. you will notify us immediately if there is any change, by way of resignation, removal, appointment or death, of any of the directors, partners, trustees, settlor(s) or ultimate beneficial owners or any person authorised to operate your account with us; and c. you will inform us immediately if the company, partnership, or trust is dissolved either on a voluntary or involuntary basis.
3.11 If you have applied for another account in the past with any of the same information, we reserve the right to not approve the new account and you may be required to access and use your previously approved account. If you were previously denied an account, or had an account closed by us, you may not be able to reapply for an account.
4. Using the Platform
4.1 When you issue commands via the Platform (“Instructions”), you appoint us as your agent to provide the Service and enter into Transactions and Ancillary Transactions (on the basis of the Instructions) on your behalf. You irrevocably authorise us to do anything necessary on your behalf to give effect to your Instructions or a related Transaction or Ancillary Transaction, including applying or deducting any Assets from your account.
4.2 CoinByte may act on an electronic Instruction submitted using your authentication credentials or by a person you have authorised, unless CoinByte knows or reasonably suspects that the Instruction is unauthorised. You must protect your credentials and notify CoinByte as soon as you become aware of unauthorised access. You are not responsible under this clause for loss to the extent caused by CoinByte's fraud, wilful misconduct, negligence, breach of these Terms or breach of a duty that cannot lawfully be excluded. CoinByte may require reasonable identity, authority or security verification and may delay or refuse an Instruction if verification cannot be completed.
4.3 We may delay, refuse or not act on an Instruction, Transaction or Ancillary Transaction where we reasonably consider this necessary because the Instruction is incomplete, inaccurate or unauthorised; identity or security checks have not been completed; there is a suspected error, fraud, scam, security incident or breach of these Terms; applicable limits, liquidity, network or technical requirements cannot be met; or action is required to comply with law, our AML/CTF Program, sanctions obligations, a regulator or law enforcement request, or our risk controls. Where legally permitted and reasonably practicable, we will notify you of the decision. Nothing in this clause excludes liability to the extent caused by CoinByte's fraud, wilful misconduct, negligence, breach of these Terms or breach of a duty that cannot lawfully be excluded.
4.4 Your account is for your use only. For entity accounts, only persons authorised by the account holder and approved by CoinByte may operate the account.
4.5 CoinByte will make reasonable efforts to meet the deposit and withdrawal timeframes displayed on the Platform. Actual processing times may be affected by banks, payment providers, blockchain networks, security reviews, legal requirements or other matters outside CoinByte's reasonable control. CoinByte is not liable for a delay caused by such a matter where it has exercised reasonable care and taken reasonable steps to mitigate the delay. This clause does not exclude liability for CoinByte's fraud, wilful misconduct, negligence, breach of these Terms or breach of a duty that cannot lawfully be excluded.
4.6 For security reasons, the bank or ADI account linked to your CoinByte account, or any other payment account, must be in your name to facilitate all deposits and withdrawals. If your bank/ADI or payment accounts are not in your name, CoinByte may restrict or suspend your access to its Platform and Services until you provide the details of a bank/ADI or payment account in your name.
4.7 A transfer of Virtual Assets may be delayed by blockchain congestion, protocol conditions, a third-party wallet or virtual asset service provider, security review, movement to or from secure storage, or another matter outside CoinByte's reasonable control. CoinByte will take reasonable steps to process a valid transfer and communicate a material delay. Nothing in this clause excludes liability to the extent caused by CoinByte's fraud, wilful misconduct, negligence, breach of these Terms or breach of a duty that cannot lawfully be excluded.
4.8 Virtual Asset Withdrawals and the Travel Rule
4.8.1 You may request the withdrawal of supported Virtual Assets to an eligible external wallet address, subject to these Terms, applicable law, our AML/CTF obligations, Travel Rule obligations, sanctions requirements, withdrawal limits, network requirements, security checks and risk controls.
4.8.2 CoinByte only permits withdrawals to:
a. a Custodial Virtual Asset Wallet or account held in your own name with another virtual asset service provider; or
b. a Self-Hosted Virtual Asset Wallet that you own and control.
You must not use CoinByte to withdraw Virtual Assets directly to a wallet or account owned or controlled by another person.
4.8.3 Before processing a withdrawal, CoinByte may require you to provide information including:
a. the full legal name of the payer and the payee;
b. confirmation of whether the destination wallet is a Custodial Virtual Asset Wallet or a Self-Hosted Virtual Asset Wallet;
c. the name, jurisdiction and other details of the receiving virtual asset service provider, where applicable;
d. the external wallet address, blockchain network, destination tag, memo, account identifier or other tracing information;
e. confirmation that the receiving account or wallet is held in your name or controlled by you;
f. the purpose of the withdrawal and any other information relating to the transfer; and
g. any other information or documents reasonably required to comply with applicable law, our AML/CTF Program, Travel Rule obligations or internal risk controls.
4.8.4 Where a withdrawal is made to a Custodial Virtual Asset Wallet, CoinByte may require evidence that:
a. the receiving virtual asset service provider is appropriately licensed, registered or otherwise permitted to provide the relevant service; and
b. the receiving account or wallet is held in your own name.
CoinByte may refuse to process a withdrawal to a virtual asset service provider that is required to be licensed or registered but is not, or where CoinByte cannot reasonably verify the receiving provider or account holder.
4.8.5 Where a withdrawal is made to a Self-Hosted Virtual Asset Wallet, CoinByte may require you to verify that you own and control that wallet. Verification may include:
a. signing a message using the wallet;
b. completing a test transaction or other blockchain-based verification;
c. providing a screenshot, wallet information or other supporting evidence;
d. completing an identity, biometric or account security check;
e. making a declaration of wallet ownership and control; or
f. completing any other verification method reasonably required by CoinByte.
The verification method may vary depending on the Virtual Asset, blockchain network, wallet type, transaction value and assessed risk.
4.8.6 You authorise CoinByte to collect, verify, retain and, where required or permitted by law, transmit Travel Rule Information to another virtual asset service provider, financial institution, service provider, regulator, law enforcement agency or other person involved in the transfer.
4.8.7 If required information is missing, inaccurate, inconsistent, outdated, unable to be verified or cannot be securely transmitted, CoinByte may request further information or delay, restrict, reject, cancel or refuse the withdrawal. CoinByte may also take such action where:
a. the receiving wallet or virtual asset service provider cannot be satisfactorily identified;
b. ownership or control of the destination wallet cannot be verified;
c. the receiving account or wallet is not held in your own name;
d. the receiving virtual asset service provider appears to be operating without a required licence or registration;
e. the transfer presents an unacceptable sanctions, fraud, scam, wallet, blockchain analytics or financial crime risk; or
f. processing the withdrawal may breach applicable law, regulatory requirements or CoinByte’s internal policies.
4.8.8 Crypto withdrawals are provided only to enable the transfer of Virtual Assets to an eligible external wallet address. They are not provided as a fiat payment, remittance, merchant payment, stored value, card or banking service.
4.9 If an amount of Fiat Assets or Virtual Assets is credited to your CoinByte account because of a manifest error, duplicate payment, technical issue or other incorrect credit, CoinByte may correct its records, restrict the affected amount and recover no more than the amount incorrectly credited. We will notify you before recovery where reasonably practicable, or promptly afterwards where immediate action is reasonably necessary to prevent further loss or comply with law.
4.10 If CoinByte credits Fiat Assets to your CoinByte account before receiving cleared funds from your bank or another authorised deposit-taking institution, CoinByte may reverse the uncleared credit and recover no more than the amount properly owing from available Fiat Assets in your account. We will notify you before recovery where reasonably practicable, or promptly afterwards where immediate action is reasonably necessary to prevent further loss or comply with law.
4.11 If Virtual Assets are credited to your CoinByte account before CoinByte receives the corresponding cleared funds, CoinByte may reverse or recover the uncleared credit. If the credited Virtual Assets are no longer available, CoinByte may recover an equivalent amount from other Customer Assets using a reasonable valuation methodology disclosed to you. CoinByte will recover no more than the amount properly owing and will notify you before recovery where reasonably practicable, or promptly afterwards where immediate action is reasonably necessary.
4.12 It is your responsibility to regularly check your CoinByte account and monitor the movement of your virtual assets, including any pending, lapsed, or canceled transactions or purchases, by reviewing your transaction history. You should also re-execute any failed transactions.
4.13 Deposits and withdrawals are subject to the limits displayed on the Platform. CoinByte may change a limit prospectively where reasonably necessary because of network conditions, market liquidity, security, fraud, legal or regulatory obligations, service-provider requirements or operational risk. The applicable limit will be displayed or made available before you submit the request. CoinByte may approve a higher limit on a case-by-case basis but is not obliged to do so.
4.14 Fiat currency deposits and withdrawals facilitated through the Platform may only be made to and from an account held in the name of the verified CoinByte account holder and may be processed by third-party banking, payment or fiat service providers.
4.15 You are responsible for checking that the BSB, account number and other financial account details you provide for a Fiat Asset deposit or withdrawal are complete and correct. CoinByte will take reasonable steps to execute a valid Instruction using the details you provide. CoinByte is not responsible for a loss caused solely by incorrect or incomplete details supplied by you, except to the extent the loss was caused or contributed to by CoinByte's fraud, wilful misconduct, negligence, breach of these Terms or breach of a duty that cannot lawfully be excluded.
4.16 During periods of market volatility, high trading volume, rapid price movement or limited liquidity, the execution price may differ from an indicative price previously displayed, or an order may be unable to be executed. The final price, fee and any material spread will be displayed or made available before you confirm a quoted Transaction where the Platform supports pre-trade quoting. CoinByte may cancel an order that cannot be safely or accurately executed and restore the uncommitted funds or Assets to your account. CoinByte is not responsible for market movements outside its reasonable control, except to the extent a loss was caused or contributed to by CoinByte's fraud, wilful misconduct, negligence, breach of these Terms or breach of a duty that cannot lawfully be excluded.
4.17 When you place a buy, sell or swap order through the Platform, the order is a binding Instruction. You may request cancellation, amendment or reversal, but CoinByte is not required to agree where the order has already been executed or committed to a third party, cancellation is legally prohibited or technically unavailable, or cancellation would create a reasonable and unavoidable cost, loss or counterparty exposure. Where reasonably practicable, we will tell you about any material cost before acting on your request. This clause does not limit any right you have under applicable law.
5. Holding Assets
5.1 To provide the Platform and the Virtual Asset Services, CoinByte may receive, hold, control, transfer, record, reconcile or otherwise administer Virtual Assets and Fiat Assets associated with your CoinByte account. We will do so only for the purposes of providing the Services, carrying out your Instructions, protecting customers and the Platform, managing operational and liquidity requirements, and complying with applicable law and our AML/CTF obligations.
5.2 Subject to completed Transactions, applicable fees, authorised deductions, reversals of erroneous credits and amounts properly owing to CoinByte, you remain beneficially entitled to the quantity or amount of Virtual Assets and Fiat Assets recorded to your CoinByte account. CoinByte does not acquire beneficial ownership of those Assets merely because CoinByte or a service provider holds or controls them for the purposes described in these Terms.
5.3 Customer Assets may be held in omnibus or segregated wallets or accounts and may be maintained through hot wallets, cold wallets, internal ledger records, banking arrangements or third-party service providers. Where Assets are held on an omnibus basis, you do not have a right to any specific coin, token, wallet address or unit of fiat currency. CoinByte's books and records identify the amount attributed to your CoinByte account.
5.4 CoinByte or its service providers may control the private keys, wallet infrastructure or account arrangements used to secure and administer Assets on the Platform. CoinByte may move Assets between its wallets and accounts and those of approved custodial technology providers, exchanges, liquidity providers, banking providers, payment providers or settlement providers where reasonably necessary to execute or settle a Transaction, process a deposit or withdrawal, maintain security or liquidity, manage operational risk, or comply with law.
5.5 In operating the Platform and providing the Services, CoinByte may hold Customer Assets on other exchange platforms or with liquidity providers, custodians, banks, payment providers or other service providers, subject to these Terms and applicable law. CoinByte remains responsible for selecting and monitoring material service providers with reasonable care. These arrangements may expose you to operational, counterparty and insolvency risk.
5.6 CoinByte will maintain records of customer entitlements and perform reconciliations against Assets held or controlled by CoinByte or its service providers. Your CoinByte account is not a bank account, deposit account or savings account, and CoinByte is not an authorised deposit-taking institution. Unless expressly stated in a separate disclosure required by law, Assets are not protected by the Financial Claims Scheme or any government guarantee. Nothing in this clause excludes any trust, custodial, fiduciary or other duty that applies under law or under a separate written custody agreement.
5.7 CoinByte may receive fees, rebates, commissions, spreads or other benefits from a service provider, liquidity provider, banking provider, payment provider or counterparty in connection with the Platform. CoinByte manages these arrangements under its conflicts management processes. Where disclosure is required by law or the benefit is reasonably material to your decision, the nature of the benefit will be disclosed before the relevant Transaction or in an applicable fee schedule, Financial Services Guide, Product Disclosure Statement or other disclosure document. Unless expressly stated otherwise, you are not separately entitled to a payment received by CoinByte.
5.8 You acknowledge that the holding, transfer and administration of Virtual Assets involve operational, technology, cybersecurity, blockchain, liquidity, counterparty, regulatory and insolvency risks. These risks may include delays, network congestion, forks, protocol changes, smart contract failures, loss of private keys, cyber incidents, third-party service provider failures, suspension of services, regulatory restrictions, asset freezes or loss of access to assets.
5.9 CoinByte may suspend, delay, restrict, refuse, reverse, cancel or otherwise not process any deposit, withdrawal, transfer, Transaction or Instruction where CoinByte reasonably considers it necessary or appropriate to protect the Platform, protect customer assets, comply with applicable law, comply with AML/CTF laws, comply with Travel Rule obligations, comply with sanctions laws, respond to law enforcement requests, respond to blockchain analytics alerts, assess wallet risk, prevent fraud, manage operational risk, or comply with any requirement, direction or expectation of AUSTRAC or another regulator.
5.10 You are responsible for ensuring that any external wallet address, network, tag, memo and other transfer information you provide is complete, accurate and compatible with the relevant Virtual Asset. You must also ensure that information about the wallet, receiving virtual asset service provider, account holder, payee, beneficiary, ownership or control is complete, accurate and not misleading. CoinByte is not responsible for a loss caused solely by incorrect, incomplete or incompatible transfer information supplied by you, except to the extent the loss was caused or contributed to by CoinByte's fraud, wilful misconduct, negligence, breach of these Terms or breach of a duty that cannot lawfully be excluded.
5.11 Once Virtual Assets are withdrawn from the Platform to an eligible external wallet, CoinByte no longer controls those Virtual Assets and is not responsible for their subsequent security, use, transfer, recovery, performance or loss, except to the extent the loss was caused or contributed to by CoinByte's fraud, wilful misconduct, negligence, breach of these Terms or breach of a duty that cannot lawfully be excluded.
6. Service Fees and Transaction Charges
6.1 A conversion fee may apply to a purchase, sale or exchange of Virtual Assets. Before you confirm a Transaction, the Platform will display or make available the applicable fee, rate or pricing methodology and any material spread charged by CoinByte. By confirming the Transaction, you accept the disclosed pricing. We may change fees prospectively by updating the Platform or applicable fee schedule and, for a material adverse change, by giving reasonable notice. A change will not apply to a Transaction that we have already accepted.
6.2 The exchange or conversion rate applicable to a Transaction is the rate or pricing methodology disclosed before you confirm it. An indicative market price is not a guaranteed execution price. Any applicable quote validity period, execution conditions and material spread will be displayed or made available before confirmation.
6.3 Fees quoted for customers in Australia include GST where applicable. Any separate network, banking, payment-provider or other third-party charge known to CoinByte and payable by you will be disclosed before confirmation where reasonably practicable. Taxes arising from your own trading or holding of Assets are not included in our service fees.
6.4 Fees displayed by CoinByte include Australian GST or other Australian taxes where applicable. You remain responsible for determining and paying any tax, duty or charge imposed on you in your jurisdiction, including New Zealand, unless CoinByte expressly states that it is included in the displayed fee.
6.5 Current fees and pricing information are displayed on the Platform or in an applicable fee schedule. Transaction-specific pricing will be displayed or made available before you confirm the Transaction.
6.6 CoinByte may delay, suspend or cancel a Transaction where it reasonably suspects fraud, a scam, money laundering, terrorism financing, sanctions evasion or other illegal activity, or where action is reasonably necessary to comply with applicable law, our AML/CTF Program, a regulator or a law enforcement request. Where legally permitted and reasonably practicable, CoinByte will notify you of the action taken.
6.7 CoinByte may delay, suspend or cancel a Transaction where a material technical issue, network condition or third-party service failure prevents safe or accurate completion. CoinByte will take reasonable steps to resolve or mitigate the issue, notify you of a material delay where reasonably practicable, and restore uncommitted funds or Assets where the Transaction is not executed. Nothing in this clause excludes liability to the extent caused by CoinByte's fraud, wilful misconduct, negligence, breach of these Terms or breach of a duty that cannot lawfully be excluded.
7. Referral Program
7.1 From time to time, we may run a "Referral" program that allows you to refer an eligible new customer to the Platform in exchange for a Referral Credit for you, the new customer, or both.
7.2 A Referral Credit may be issued in the form of a supported Asset or another benefit described in the applicable promotion terms. The value and eligibility conditions will be published on the Platform. CoinByte may change the value prospectively on reasonable notice, but a change will not remove a Referral Credit already earned in accordance with the published conditions, except where the credit resulted from error, fraud, misuse or breach of those conditions.
7.3 A Referral program may be introduced, varied, suspended or discontinued on reasonable notice. A change will not remove a Referral Credit that has already been earned in accordance with the published eligibility conditions, except where the credit resulted from error, fraud, misuse or a breach of those conditions.
7.4 To be eligible for a Referral Credit, you and the referred customer must satisfy the objective eligibility conditions published for the applicable promotion. These may include maintaining active verified accounts, completing required identity checks, making a qualifying Fiat Asset deposit or Transaction, correctly entering the promotion code and satisfying any stated timeframe. CoinByte may request evidence reasonably required to verify eligibility.
7.5 If any of these Referral Eligibility Conditions are not fulfilled within 30 days of the Converted Customer's registration on the Platform, you will not be entitled to receive the Referral Credit for that Converted Customer.
7.6 If you are eligible for a Referral Credit, it will be credited to your CoinByte "Trade" wallet once the Referral Eligibility Requirements have been fulfilled.
7.7 You agree not to use your own referral code to create and register a separate account for yourself. This action will be regarded as an abuse of the program and may lead to the immediate termination of your account(s) and the forfeiture of any Referral Credit(s).
8. Termination
8.1 CoinByte reserves the right to suspend, limit, restrict, deactivate, or terminate your access to the CoinByte Platform and Services, including your CoinByte account, under the following conditions: a. If you attempt or successfully gain unauthorized access to the Platform or another CoinByte member’s account. b. If you allow or facilitate a third party in gaining unauthorized access to the Platform or your CoinByte account. c. In the event of technical or operational difficulties. d. If you use, or CoinByte reasonably suspects you are using, the Platform or Services for unlawful activities such as fraud, money laundering, terrorist financing, financial crimes, or violations of laws regarding sanctions and bribery. e. If your use of CoinByte’s Services is under investigation, litigation, or subject to any government proceedings. f. If you fail to pay or engage in fraudulent payment for any transactions. g. If CoinByte is unable to support your account or service usage. h. If there are concerns regarding the security of your CoinByte account, or if any transaction is suspected to be fraudulent, erroneous, or illegal. i. If you engage in actions that circumvent these Terms of Service or CoinByte’s control, such as exploiting any promotions, rewards, or referral programs. j. If you violate any provisions of this Terms of Service Agreement or CoinByte’s Privacy Policy. k. If you provide false or misleading information related to your CoinByte account or intentionally omit information that is reasonably required when opening or managing your account. l. If CoinByte receives a request from a law enforcement or government agency to suspend or terminate your account. m. If you deposit fiat currency into your CoinByte account, but CoinByte credits your account with the corresponding value of fiat currency, and CoinByte does not receive cleared funds from your bank or other Authorized Deposit Institution (ADI) after the credit. n. If we are required or permitted to suspend, limit, restrict, deactivate or terminate your access to the CoinByte Platform, Services or your CoinByte account in order to comply with AML/CTF laws, Travel Rule obligations, sanctions laws, law enforcement requests, blockchain analytics alerts, wallet risk assessments, fraud prevention requirements, or any requirement, direction or expectation of AUSTRAC or another regulator.
8.2 You may close your CoinByte account at any time, provided that all pending transactions or trades are settled and you fulfill any account closure requirements. CoinByte will not charge you any fees for account cancellation; however, you will remain responsible for paying any outstanding amounts owed to CoinByte.
9. Indemnity
9.1 To the extent permitted by law, you indemnify CoinByte and its directors, officers, employees and agents against a direct loss, liability, penalty, claim or reasonable external legal cost to the extent it is caused by your fraud, wilful misconduct, material breach of these Terms, breach of applicable law, infringement of a third party's intellectual property or privacy rights, or unauthorised use of your account resulting from your failure to take reasonable steps to protect your credentials. This indemnity does not apply to the extent the loss was caused or contributed to by CoinByte's fraud, wilful misconduct, negligence, breach of these Terms or breach of law, and it does not require you to indemnify CoinByte for a liability that cannot lawfully be transferred to you. CoinByte must take reasonable steps to mitigate an indemnified loss and must not recover the same loss more than once.
9.2 CoinByte will give you reasonable notice of a material third-party claim for which it seeks indemnity and, where appropriate, a reasonable opportunity to participate in the defence or settlement of that claim. CoinByte must not agree to a settlement that imposes a non-monetary obligation on you without your consent, which must not be unreasonably withheld.
10. Intellectual Property Rights
10.1 Unless otherwise specified, we own or have licensed all rights, titles, and interests (including copyrights, designs, patents, trademarks, and other intellectual property rights) associated with this Website and all materials (such as text, graphics, logos, audio, and software) made available on it.
10.2 Your use of this Website does not grant you any ownership, rights, or interests in the Website itself. However, we provide you with a license to access the Website in accordance with the terms and conditions outlined in this Agreement and, where applicable, as specifically authorized by us or our third-party licensors.
10.3 Reproducing or redistributing the content of this Website is strictly prohibited and may result in both civil and criminal penalties. Furthermore, you are not allowed to copy the content of this Website to any other server, location, or medium for the purpose of publication, reproduction, or distribution.
10.4 Any other use, copying, or reproduction of the Website or its contents is prohibited, unless permitted by law. You are, however, allowed to make one copy of any page on the Website for personal viewing, and you may share the content with others within your organization for informational purposes.
11. Linking to Our Website
11.1 You are allowed to link to our homepage, but only if the link is created in a manner that is fair, legal, and does not harm or exploit our reputation.
11.2 You must not create a link in a way that implies any form of partnership, approval, or endorsement from us unless explicitly granted.
11.3 You are not permitted to link to our site from any website that you do not own.
11.4 Our website must not be framed on any other site, and you are not allowed to create a link to any part of our site other than the homepage.
11.5 We retain the right to revoke linking privileges at any time without prior notice.
12. Third-Party Links
12.1 Our Platform may include links to, and integrations with, websites that are owned and operated by third parties. This may involve other vendors or service providers offering goods or services related to the Services we provide. We have no control over these external websites, which are governed by their own terms and privacy policies independent of ours.
12.2 The inclusion of third-party links on our Platform does not imply our endorsement or recommendation of the third party or the services they offer.
12.3 Before using an independent third-party website or service linked from the Platform, you should review its terms, privacy policy and relevant risks. CoinByte does not control that website or service merely because a link is provided. Any exclusion of responsibility is subject to clauses 14.6 to 14.8 and does not exclude liability for CoinByte's own misleading conduct, negligence, breach of these Terms or breach of law.
12.4 We may receive a commission or other benefits if you make a purchase from a third party that we refer you to. In such cases, we will inform you about this referral and the potential benefit.
13. Warranties
13.1 CoinByte takes reasonable steps to keep material information on the Website and Platform accurate and current. The Website and Platform may nevertheless be unavailable or contain errors from time to time. Except for rights, guarantees and duties that cannot lawfully be excluded, no representation or warranty is made that access will be uninterrupted, error-free or suitable for every purpose.
14. Limitations of liability
14.1 The content on our Website is provided solely for general informational purposes and is not intended to be relied upon as professional advice. You should seek professional advice before taking any action based on the content of this Website.
14.2 Subject to clause 14.8, a warranty, condition or representation that would otherwise be implied into these Terms is excluded only to the extent permitted by law. Nothing in these Terms excludes CoinByte's obligation to exercise reasonable care and skill or any other right, guarantee or duty that cannot lawfully be excluded, restricted or modified.
14.3 Subject to clause 14.8, CoinByte is not liable for an indirect or consequential loss that does not arise naturally from our breach or that was not reasonably foreseeable when you accepted these Terms. This exclusion does not apply to a loss that cannot lawfully be excluded or to the extent the loss was caused by CoinByte's fraud, wilful misconduct, gross negligence, breach of applicable law or failure to deal with Customer Assets in accordance with these Terms.
14.4 CoinByte is not liable for a delay, interruption or failure caused by an event beyond its reasonable control, including blockchain congestion, protocol failure, telecommunications failure, power outage, failure of an unrelated third-party service, natural disaster, war, civil disturbance or government action, provided that CoinByte takes reasonable steps to mitigate the effect of the event and restore the affected Service.
14.5 You are responsible for maintaining reasonable security controls on your own devices, networks and software. CoinByte is not liable for harmful code, unauthorised access or loss originating from a device, account or network outside CoinByte's control, except to the extent caused by CoinByte's failure to exercise reasonable care, breach of these Terms or breach of a duty that cannot lawfully be excluded.
14.6 CoinByte is not responsible for the content, availability or conduct of an independent third-party website or service merely because the Platform contains a link or integration. This clause does not apply where CoinByte expressly assumes responsibility or to the extent a loss was caused by CoinByte's misleading conduct, negligence, breach of these Terms or breach of law.
14.7 CoinByte's liability is limited only to the extent permitted by law. Where liability may lawfully and fairly be limited, CoinByte is liable for direct loss that was reasonably foreseeable and caused by its breach. No limitation or exclusion in these Terms applies to liability arising from CoinByte's fraud, wilful misconduct, gross negligence, misapplication of Customer Assets, or any statutory right, guarantee or duty that cannot be excluded, restricted or modified.
14.8 Nothing in these Terms of Service excludes, limits, or modifies any consumer guarantees, rights, or remedies that you are entitled to under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable laws that cannot be excluded, limited, or modified by agreement.
15. Security
15.1 The transmission of information over the Internet (including to or from our platform and services) is not entirely secure or error-free. Specifically, emails sent to or received from us, as well as information submitted or accessed through this platform, may not be fully secure. Therefore, it is advised to exercise discretion when sharing sensitive information with us through these communication channels.
15.2 Emails to and from us may undergo filtering and virus scanning by third-party contractors. However, we do not guarantee that these measures will always be effective in detecting and removing viruses or other potentially harmful software.
15.3 Internet-based services cannot be guaranteed to be continuously available or free from every security risk. CoinByte will maintain security and operational controls that it reasonably considers appropriate to the nature and scale of the Platform and will take reasonable steps to respond to a material incident. Nothing in this clause excludes any right, guarantee or duty that cannot lawfully be excluded.
15.4 We implement strong access controls, including identity management, permission settings, and security credentials. Only authorized CoinByte employees can access personal information, and only as necessary to perform their duties. We use multi-factor authentication (MFA) for added security, and employee access is revoked once it is no longer needed.
15.5 CoinByte employs a two-factor authentication (2FA) process to verify your identity and prevent fraud. This authentication may be required for withdrawals, fiat deposits or withdrawals, Virtual Asset transfers, changes to security settings, high-risk account activity, or any action requiring enhanced verification under our AML/CTF program. We require that you implement and use 2FA tools (like Google Authenticator) on your devices to complete such transactions.
15.6 You must provide accurate, complete and up-to-date information reasonably required to provide the Services or meet our legal obligations. CoinByte may disclose relevant information to a regulator, law enforcement agency or government authority where required or permitted by applicable law and in accordance with our Privacy Policy.
15.7 By creating an account with CoinByte, you authorize us to verify your identity either directly or through third-party services to prevent fraud. This verification process may take up to 10 business days. You are responsible for ensuring that the personal information you provide is current and accurate.
15.8 You are fully responsible for managing your CoinByte account, including transferring funds, adjusting assets, initiating transactions, and withdrawing funds.
15.9 You agree not to use any CoinByte account other than your own or assist others in unauthorized access. If you are found to be accessing another user’s account or facilitating unauthorized access, your account may be suspended or terminated, and any pending transactions will be canceled.
15.10 You are responsible for keeping your account details, password, authentication codes and devices secure. CoinByte maintains security controls designed to protect the Platform and Customer Assets, but no system can eliminate all cyber, fraud or operational risk. You must use the security features made available to you and take reasonable precautions when accessing your account or transferring Virtual Assets.
15.11 You must notify CoinByte immediately if there is any unauthorized access or use of your account, password, or other security breaches. Please submit a support request via our website if you suspect any such breach.
16. Cookies and Privacy
16.1 We may use cookies to recognize your computer on our server and track your activity on our Platform. In certain cases, cookies may gather and store personal information about you. Any personal information collected will be used solely in accordance with our Privacy Policy.
16.2 Any personal information we collect from you through this Platform will be used and disclosed solely in accordance with our Privacy Policy.
17. Complaints and Dispute Resolution
17.1 If you are dissatisfied with a product, service, decision or action of CoinByte, you may make a complaint free of charge. You do not need to use the word "complaint" for us to treat an expression of dissatisfaction as a complaint.
17.2 You may lodge a complaint through the support request function on the Platform or by emailing [email protected] with the subject line "Complaint". Please provide your name, relevant account or transaction details, a description of the issue and the outcome you are seeking. We may request additional information where reasonably required to investigate the complaint.
17.3 We will acknowledge your complaint within 24 hours or one business day, or as soon as reasonably practicable, and will handle it fairly, objectively and without charge under our internal dispute resolution procedure.
17.4 We will generally provide a written internal dispute resolution response no later than 30 calendar days after receiving your complaint, unless a different timeframe applies by law or an applicable exception permits additional time. If we cannot respond within the applicable timeframe, we will tell you the reason for the delay and inform you of your right to take the complaint to the Australian Financial Complaints Authority.
17.5 CoinByte is a member of the Australian Financial Complaints Authority (AFCA). If you are not satisfied with our response, or we do not respond within the applicable timeframe, you may lodge an eligible complaint with AFCA. AFCA is an independent external dispute resolution service that is free to consumers. Website: www.afca.org.au. Email: [email protected]. Telephone: 1800 931 678. Post: GPO Box 3, Melbourne VIC 3001.
17.6 AFCA can only consider complaints that fall within its jurisdiction and rules. Nothing in this section limits any other right or remedy available to you under applicable law.
18. General
18.1 CoinByte may communicate with you through your registered email address or telephone number, through the Platform, or through another official support channel notified to you. CoinByte will not ask you to disclose your password or a complete two-factor authentication code. You should verify that any website link uses an official CoinByte domain and contact CoinByte Support if you are uncertain whether a communication is genuine.
18.2 You are responsible for determining the tax consequences of your Transactions and holdings and for meeting your own applicable tax obligations. CoinByte does not provide tax advice. You should obtain independent tax advice where appropriate. Nothing in this clause excludes CoinByte's responsibility for its own statements, conduct or obligations under these Terms or applicable law.
18.3 A revised version of these Terms supersedes an earlier version only from its effective date and in accordance with the notice and other requirements in clause 1.3. The publication of a revised version does not of itself alter rights accrued in relation to a completed Transaction.
18.4 If any part of the Terms of Service is found to be invalid, unenforceable, or illegal for any reason, the remaining sections will continue to be fully effective.
18.5 If CoinByte is unable to perform a Service because of an event beyond its reasonable control, CoinByte will take reasonable steps to mitigate the effect and restore the Service. This clause does not affect CoinByte's obligation to account for Customer Assets or any right, guarantee or duty that cannot lawfully be excluded.
18.6 These Terms of Service are governed by the laws of the State of New South Wales. In the event of a legal dispute related to this Platform or these Terms and Conditions, the Courts of New South Wales will have non-exclusive jurisdiction.
Version: 2.1
Last Updated: 23 September 2026
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