Terms Of Use

Key terms

You should read these terms of use in full but note the following clauses in particular contain information significant to your rights and obligations:

4.1(g)
Users can withdraw their Australian dollars from the fiat account at any time however there may be a processing time of up to two (2) business days.

4.3(b)
We reserve the right to change the rate of interest paid under the loan service on a monthly basis. We will provide seven (7) calendar days’ written notice of any such change. By continuing to participate in the loan service on the first calendar day of each month, you agree to the new rate of interest as published by us.

4.4
We reserve the right to cease offering a service but will provide you with at least [7] calendar days’ notice of any such cessation. We may offer a new service, the terms of which will be communicated to you. If we offer a new service and you have not elected to move to the new service, Block Earner will exchange your cryptocurrency under the discontinued service and credit your account with the corresponding Australian dollar value (using the exchange service). You can withdraw this amount or participate in another service.

7.4
Provided that Block Earner has taken reasonable commercial and operational prevention measures, Block Earner is not and will not be responsible or liable for any loss or damage of any kind incurred by you as a result of such cyber-attacks, operational or technical difficulties or suspensions of transactions.

11
Subject to any rights you may have under Australian Consumer Law, we do not provide any warranties or guarantees, and we are not liable to you for any losses you may suffer including but not limited to indirect and consequential losses as well as lost profits or anticipated savings. Where we cannot exclude our liability, we limit our liability to any fees paid by you to use our platform and services. If guarantees that are non-excludable under the Australian Consumer Law apply, and we are permitted to do so, our liability is limited to supplying the services again, or the payment of the cost of having the services supplied again.

13
You grant us consent to collect, store, use and disclose such personal information in accordance with our privacy policy.

16
We may unilaterally vary these terms from time to time. We will give notice of such a variation. We may change, improve or discontinue our platform and service functionality. You will not have any recourse if we change or remove any functionality, and you will not do anything to restrict or prevent such updates.

17
In certain circumstances, we may at any time refuse to complete, block, or reverse a transaction you have authorised (or part thereof) and/or limit, suspend, restrict, or terminate your access to any or all of our platform or services.

Terms of use

  1. WEB3 Ventures Pty Ltd (ACN 655 090 869) operates certain websites including this website (Website), mobile applications and other applications (Block Earner Platform). The Block Earner Platform provides access to the services offered by WEB3 Ventures Pty Ltd and/or its subsidiaries and affiliates (referred to as "Block Earner""we""our" or "us").

  2. These terms of use (Terms) govern your use of the Block Earner Platform and the Block Earner exchange, access and loan services provided to you through the Block Earner Platform (Services) in relation to coins, tokens, crypto, digital currency, or digital assets of the like (collectively, cryptocurrency). Please read these Terms carefully.

  3. By accessing or using the Block Earner Platform you agree to be bound by these Terms. You should immediately cease using the Platform if you do not agree to these Terms.

  4. By clicking "I Agree", registering and creating an account or accessing or using any part of the Services, you agree to be bound by these Terms. You must not use the Services if you do not agree to these Terms.

  5. The Block Earner Platform and Services are intended for users within Australia only.

1 Registration

1.1 Registration

  1. You are not required to register to use the Block Earner Platform. However, certain features on the Block Earner Platform (including the Services) may only be available if you do register.

  2. When you register, you must provide a valid email address, a valid Australian mobile number and a password. You must keep your email address and password private, and not disclose them to any other person. If you have lost or forgotten your password, you can request that we send an email containing a password reset link to your registered email address.

  3. By registering for an account, you agree to always take all reasonable steps to protect your username and password and not disclose it to anyone for any reason. Other than to log into the Block Earner Platform to access the Services, we will never ask you to disclose your password to us or to any third party via email or otherwise. We may ask you to change your password but, in any case, recommend you do so regularly.

  4. You agree to familiarise yourself with good practice concerning the selection and management of passwords. In particular, consider using a password management service and do not choose a password that you use for another service or is readily guessed from information that can be obtained about you.

  5. If you have any suspicion that your username or password or other confidential information regarding your registration has been lost, stolen, accessed inappropriately or otherwise compromised, you should change your password and contact us at support blockearner email as soon as possible. You also agree to contact us as soon as possible if you actually become aware of the theft or misappropriation of your username or password, or of any unauthorised access in relation to your registration.

  6. You must take your own precautions to ensure your access to the Block Earner Platform and Services does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system or other personal devices. We recommend that you install and use up to date anti-virus, anti-spyware and firewall software on your computer.

  7. We may use your email address registered with us from time to time to send you confidential communications, including password resets. You agree to take reasonable steps to protect your registered email and keep it secure and only accessible by you.

  8. You must not:

    1. register multiple times; or
    2. impersonate or create an account for any person other than yourself except where you have been authorised to create a non-individual account.

  9. Subject to clause 17(b), you may cancel your registration by notifying us at support blockearner email

  10. We may suspend or cancel your registration, either temporarily or permanently, if you breach, or we reasonably believe:

    1. your account is at risk, been compromised or for other general security reasons, in which case you will be unable to access your account until it is reactivated; or
    2. you have breached or fail to comply with any of these Terms or any other agreement in place relevant to the Block Earner Platform and Services.

1.2 Eligibility

  1. To create an account and use the Services you must:

    1. if a natural person, be at least 18 years of age or the age of majority in the jurisdiction where you reside;
    2. be legally capable of entering into binding contracts;
    3. not have been previously suspended or removed from the Block Earner Platform or using the Services; and
    4. not currently already be registered on the Block Earner Platform except where you are acting as an Authorised Representative (defined at section 1.3(e)).

  2. Block Earner is not obliged to accept all account applications and has sole and absolute discretion to accept or reject applications to open accounts. Block Earner has no responsibility or liability towards any applicant unless and until Block Earner provides written confirmation that an account has been successfully opened for such an applicant.

  3. By creating an account and using the Services, you acknowledge and confirm that you meet the criteria contained in paragraph (a).

1.3 Account types

  1. There are three types of account that can be registered on the Block Earner Platform, being personal, business and self managed superannuation fund (SMSF) accounts.

  2. Individual accounts are registered in the name of one natural person who is, and will continue to be, the only person authorised to take any action in the account. By opening an individual account, you represent and warrant that you are and will at all times continue to be the sole beneficial owner of the account and user of all Services.

  3. Business accounts are owned by a company, association, partnership, government body or other legally recognised and/or incorporated group (interchangeably defined as an "Entity") holding an account on the Block Earner Platform in any capacity other than an individual capacity.

  4. SMSF accounts are owned by the individual or Entity that is the trustee of the SMSF.

  5. An Entity can apply to open an account through any natural person(s) who is duly authorised by the Entity to do so (Authorised Representative). Authorised Representatives represent, warrant and agree, on behalf of the relevant Entity, as well as on their own behalf, that the Authorised Representative:

    1. is fully authorised to bind the Entity and execute all documents or do all things necessary to otherwise complete our requirements in the Authorised Representative’s stated capacity;
    2. has provided us all documents or other information necessary to demonstrate and verify that authority; and
    3. will provide other documents and complete other requirements as we may request from time to time.

  6. We may refuse to recognise any such authorisation in relation to a business or SMSF account if, in our sole and absolute discretion, it appears to be incomplete or improperly executed.

  7. By opening a business or SMSF account, the Authorised Representative represents and warrants on behalf of the Entity that the Entity is, and shall at all times continue to be, the sole beneficial owner of the account and user of all Services provided by Block Earner and that the ultimate beneficial owners of all assets belonging to the Entity are as represented during the establishment of the account.

1.4 Anti-money laundering and counter-terrorism financing

  1. WEB3 Ventures Pty Ltd (ACN 655 090 869) is registered with the Australian Transaction Reports and Analysis Centre (AUSTRAC) as a digital currency exchange service provider (DCE100784590) and independent remittance provider (IND100784590).

  2. We are required to comply with anti-money laundering and counter-terrorism financing (AML/CTF) laws, including the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) (AML/CTF Laws).

  3. Prior to providing the Services to you, we will collect and verify your personal information as required under the AML/CTF Laws. We may also report your transaction activity to AUSTRAC.

  4. You acknowledge and agree to provide all reasonable assistance to us in complying with our obligations under the AML/CTF Laws and warrant that all information provided to us is accurate and up to date. We may refuse to provide the Services to you and cancel your registration if you do not assist us in complying with the AML/CTF Laws.

  5. Our processes for collecting, storing and using your personal information are set out in our privacy policy. See section 13 for more information.

2 Use of content on the Block Earner Platform

  1. The Block Earner Platform is subject to copyright and other intellectual property rights.

  2. We grant you a limited, non-transferable licence to access and use the Block Earner Platform or Services solely for your personal, non-commercial purposes.

  3. We (or our licensors) retain all rights, title, and interest in and to the Block Earner Platform, and nothing you do on or in relation to the Block Earner Platform or in connection with the Services will transfer any intellectual property rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any intellectual property rights unless this is expressly stated.

  4. Except as provided in these Terms, any use or copying of the Block Earner Platform for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us if you wish to seek such consent (see section 19 for contact details).

  5. Subject to applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny your access to or use of the Block Earner Platform without notice if you breach, or we reasonably believe you have breached, any of these Terms.

3 Linking to this Block Earner Platform

  1. We encourage you to provide links to the Block Earner Platform. While you may use the name "Block Earner" in the text of any such link, you may not use the Block Earner logo or any of our other trademarks without our prior written consent.

  2. You must not frame the Block Earner Platform or represent or imply that any part of the Block Earner Platform belongs to anyone other than us.

  3. If we notify you that we object to the manner in which you provide links to this Block Earner Platform, you must immediately cease providing such links.

4 Service terms

4.1 Exchange service

  1. Under the exchange service, users transfer Australian dollars to a fiat account with an Australian authorised deposit taking institution in Block Earner’s name (Account) for the purpose of exchanging such dollars for:

    1. Aave USDC (aUSDC) or Compound USDC (cUSDC) to participate in the access services, known as ‘Aave USD Coin Variable Yield (DeFi-based)’ and ‘Compound USD Coin Variable Yield (DeFi-based)’ (see section 4.2); or
    2. certain cryptocurrency as stated on the Block Earner Platform (Eligible Cryptocurrency) to participate in the loan service under which users can lend their Eligible Cryptocurrency to Block Earner in exchange for interest payments, known as ‘Block Earner USD Coin Fixed Yield (Lending-based)’ (Lend) (see section 4.3).

  2. There are no restrictions on the amount of Australian dollars that users can transfer to the Account. Users do not earn any interest on their Australian dollars held in the Account and are not permitted to make payments or instruct Block Earner to make payments from the Account. Users can only exchange their Australian dollars for aUSDC, cUSDC or Eligible Cryptocurrency to access the Services or withdraw their Australian dollars to an Australian bank account in the name of the user.

  3. Once Block Earner receives a user’s fiat deposit in the Account, the user is permitted to nominate whether the user wishes to participate in the access service or Lend. Participating in the access service requires the user to have certain cryptocurrency, being cUSDC for Compound and aUSDC for Aave. Participating in the loan service requires the user to have Eligible Cryptocurrency.

  4. There are limits on how much users can exchange under the exchange service:

    1. Users can only exchange up to A$20,000 in Australian dollars for aUSDC, cUSDC or Eligible Cryptocurrency per 1calendar day. ; and
    2. there is an exchange limit of up to A$25,000 per 1 calendar day with respect to exchanging aUSDC, cUSDC or Eligible Cryptocurrency to Australian dollars. Where a user nominates to cease using the access service or Lend and wishes to exchange more than A$25,000 of aUSDC, cUSDC or Eligible Cryptocurrency to Australian dollars, Block Earner will split the transaction into parcels of A$25,000 per 1 calendar day until the nominated amount has been exchanged

  5. You acknowledge and agree that:

    1. Block Earner will facilitate the exchange process by exchanging your Australian dollars in the Account.
    2. for the access service, Block Earner facilitates the exchange by exchanging the user’s Australian dollars for USDC and then exchanging that USDC for the corresponding amount of cUSDC or aUSDC;
    3. for Lend, Block Earner facilitates the exchange by exchanging the user’s Australian dollars for the Eligible Cryptocurrency nominated by the user;
    4. each transaction constitutes a transaction between you and Block Earner as principal. Block Earner facilitates transactions with you through back to back transactions with third parties that may correlate to transactions entered into with you, however Block Earner is not acting on your behalf in relation to a transaction with such third parties. All monies owed by you under a transaction are owed to us as a principal counterparty and not to any other person. You do not have any relationship or engage in any transaction directly with any third parties through the exchange service; and
    5. once you have nominated to proceed with exchanging your Australian dollars for aUSDC, cUSDC or Eligible Cryptocurrency, this nomination is irrevocable. We may (in our absolute discretion) but are not required or obliged to, stop, refund, suspend or reverse any change of Australian dollars into aUSDC, cUSDC or Eligible Cryptocurrency (or vice versa).
  6. Block Earner charges the user a conversion fee to exchange Australian dollars to aUSDC, cUSDC and Eligible Cryptocurrency and vice versa. The conversion fee will be included in the exchange rate at the time of the transaction.

  7. Users can withdraw from the Account at any time. There is up to two business days processing time for withdrawals.

4.2 Access service

  1. Under the access service, Block Earner:

    1. streamlines user access to certain yield generating platforms, currently being Aave and Compound;
    2. aggregates the cUSDC and aUSDC exchanged under the exchange service from all users who have nominated Compound or Aave and holds such cUSDC and aUSDC in its Block Earner omnibus account on each platform (ie Compound or Aave). Access to Aave or Compound commences at the time the user’s cUSDC and aUSDC is received by Block Earner and moved to Block Earner’s omnibus account on each platform (as at the date and time stamped on the blockchain confirmation). Each user’s cUSDC and/or aUSDC holding is reflected in the user’s Block Earner Platform account. By using the access service, you acknowledge and agree that Block Earner will use an omnibus account on Compound and Aave; and
    3. is responsible for tracking and calculating returns on cUSDC and aUSDC for each user on its ledger. Block Earner will perform daily reconciliation procedures and update the displayed user holdings on Block Earner Platform accounts for any yield earned the previous day.

  2. Block Earner displays performance data for Compound and Aave. Such data is updated daily and displays data for each platform for the last business day. You agree and acknowledge Block Earner produces such data as communicated to it by Compound and Aave and Block Earner is not responsible for any loss, damage or expense suffered or incurred arising from incorrect or erroneous data, excluding any mistake, fraud, negligence or wilful misconduct on the part of Block Earner.

  3. Users can nominate to cease using the access service at any stage. Upon notifying Block Earner that a user wishes to cease using the access service, Block Earner will convert the nominated value of cUSDC or aUSDC to Australian dollars under the exchange service and transfer this to the Account. For cUSDC and aUSDC, Block Earner redeems the cryptocurrency with Compound and Aave respectively and receives USDC (including any yield earned), which Block Earner then exchanges to Australian dollars and transfers to the Account for the relevant user. The user (ie, you) may elect to use these funds to participate in Lend or the access services again or can request a withdrawal from the Account (see section 4.1(g)).

  4. All yield earned from cUSDC or aUSDC is passed through to the user. Block Earner does not pass along additional incentives or promotions offered by the underlying yield platforms (eg, deposit incentives on Aave where tokens are locked up for one year).

4.3 Lend

  1. Under Lend, in accordance with these Terms including the terms contained at this section 4.3 (Loan Terms), users can lend Eligible Cryptocurrency to Block Earner in return for daily interest payments paid in the same Eligible Cryptocurrency loaned to Block Earner

  2. The rate of interest paid to users under the loan arrangement in return for such users lending Eligible Cryptocurrency to Block Earner will be calculated by Block Earner and published on the Block Earner Platform. Block Earner reserves the right to change the rate of interest paid on a monthly basis, with the new interest rate effective on the first [calendar day] of each month. Block Earner will provide seven (7) calendar days’ written notice of any such change, to be published on the Block Earner Platform and sent to the email address you used to sign up for your Block Earner account. By continuing to participate in Lend on the first calendar day of each month, you agree to the new rate of interest as published by Block Earner.

  3. There are no minimum or maximum amounts that can be loaned however Block Earner may put limits on amounts to be loaned from time to time at its own discretion in line with our risk management processes. Such limits will be notified to the user (i.e., you) as needed.

  4. To activate Lend, you must log into your account on the Block Earner Platform and follow the prompts to:

    1. select Lend from the available services;
    2. nominate the Eligible Cryptocurrency which you wish to lend to Block Earner and consequently receive interest payments in that Eligible Cryptocurrency; and
    3. reconfirm your acceptance of these Terms including the Loan Terms.
  5. Once you have completed the actions at paragraph (d), your Australian dollars in the Account will be exchanged for the nominated Eligible Cryptocurrency under the exchange service. The Eligible Cryptocurrency will then be transferred to Block Earner under Lend. By lending Eligible Cryptocurrency to Block Earner, you agree to grant Block Earner all rights and title to such Eligible Cryptocurrency for Block Earner to use in its sole discretion during the term of the loan under Lend.

  6. The loan commences at the time the Eligible Cryptocurrency is received by Block Earner. Any Eligible Cryptocurrency received under Lend will be treated by us as being received at the date and time stamped on the blockchain confirmation.

  7. The balance of Eligible Cryptocurrency loaned by you to Block Earner, and any interest earned (as denominated in the Eligible Cryptocurrency) will be visible in your Block Earner account.

  8. The term of the loan of your Eligible Cryptocurrency will end:

    1. at the expiry of the fixed term selected by you when you elected to use Lend, if we provide this option;
    2. upon termination of your account, subject to clause 17(b); or
    3. when you elect to terminate your use of Lend. You may terminate your loan at any time.
  9. Upon the term of the loan of your Eligible Cryptocurrency ending Block Earner will return the borrowed Eligible Cryptocurrency and deliver any interest accrued under the Loan Terms (Final Amount), in each case by Block Earner converting the Final Amount to an equivalent value of Australian dollars under the exchange service and this value will be held in the Account. The user (i.e., you) may elect to use these funds to participate in the access services or Lend again or can request a withdrawal from the Account (see section 4.1(g)).

  10. By agreeing to these Terms (including the Loan Terms) and transferring Australian dollars to the Account for the purposes of conversion to Eligible Cryptocurrency that is then loaned to Block Earner (which, for the avoidance of doubt, shall be deemed as completed only upon the receipt of such Eligible Cryptocurrency by Block Earner), you agree to lend such Eligible Cryptocurrency to Block Earner in accordance with these Terms (including the Loan Terms).

  11. You acknowledge and agree that:

    1. all Eligible Cryptocurrency that is loaned to Block Earner by you under Lend is Block Earner’s to use, without limitation and at Block Earner’s sole absolute discretion;
    2. any interest paid to you under Lend is not referable to the activities Block Earner undertakes with respect to the loaned Eligible Cryptocurrency and the only amounts to which you have a right to are the amount of Eligible Cryptocurrency initially loaned to Block Earner and any interest earned on that amount as determined under these Loan Terms;
    3. by participating in Lend, you do not intend for Block Earner to use the loaned Eligible Cryptocurrency to generate a financial benefit or act as an investment for you; and
    4. any benefit gained or loss incurred by Block Earner’s use of the loaned Eligible Cryptocurrency will not be passed onto you. The loan arrangement under Lend, interest payments and the rate at which interest is calculated are subject to all applicable laws and regulation, and to the extent we are limited or restricted from providing Lend or paying interest for any reason by applicable law or regulation, we will do so and will notify you as soon as practicable.

4.4 Service discontinuation

  1. Block Earner reserves the right to cease offering the access service or Lend, in its discretion (Discontinued Service).

  2. Where Block Earner does cease offering the Discontinued Service, Block Earner:

    1. will provide you with at least 7 calendar days’ notice of any such cessation (Notice Period); and
    2. may, at its discretion, offer a new Service to which your aUSDC, cUSDC or Eligible Cryptocurrency under the Discontinued Service may be migrated (New Service). Block Earner will communicate the terms of this migration to you (including notice of any additional fees).
  3. Upon receiving notice of the Discontinued Service, you may end your use of the Discontinued Service in accordance this section 4 or, where a new Service is available, elect to migrate to the New Service in accordance with the terms communicated to you by Block Earner.

  4. At the end of the Notice Period, if you have not taken any action under paragraph (c), you acknowledge and agree that Block Earner will exchange your cryptocurrency under the Discontinued Service and credit the Account with the corresponding Australian dollar value (using the exchange service), the balance of which will be displayed on your Block Earner Platform account. You may elect to use these funds to participate in the available Services or can request a withdrawal from the Account (see section 4.1(g)).

5 Fees

  1. The fees payable to us for your use of the Services are disclosed on the Block Earner Platform, as amended from time to time.
  2. You will not use, or authorise or enable others to use, the Services without paying the fees to us that are applicable to that use.
  3. We will provide a summary of your transactions that is able to be viewed in your account, which will include details such as the executed price under the exchange service and an overview of any service fees (including GST) for the transaction.

6 No AFSL or Australian market licence

  1. We will not support the exchange of cryptocurrency that are financial products through the Services.
  2. You acknowledge and agree that we do not hold, or operate under:

    1. an Australian financial services licence (AFSL) and that the Services do not constitute the provision of a financial service in connection with financial products that would require trigger the requirement for us to hold an AFSL under the Corporations Act 2001 (Cth) (Corporations Act). In particular, the access services and Lend are not financial products (as that term is defined in the Corporations Act), investment programs or speculative tools and the provision of the exchange service, access service and Lend does not constitute the provision of financial services (as defined under the Corporations Act). Under the access service, you are being provided with a streamlined look through service to Compound and Aave. Under Lend, you are paid interest on your loan of Eligible Cryptocurrency to Block Earner, in accordance with these Terms (including the Loan Terms); and
    2. an Australian market licence and the Services do not constitute the provision of a facility through which offers to buy and sell financial products are regularly made and accepted, which would trigger the requirement for us to hold an Australian market licence.
  3. All text, images, audio recordings, video recordings, and other information and content, including but not limited to, market, exchange or trading information, tools, indicators, and materials (Materials) hosted or made available on or through the Block Earner Platform or Services is provided:

    1. for general information purposes only; and
    2. without any regard whatsoever to the personal circumstances of any person.
  4. Materials hosted or made available on or through the Block Earner Platform or Services do not constitute advice regarding any cryptocurrency or any financial product or an offer, solicitation, recommendation or invitation to buy, sell or deal in any way with any cryptocurrency or any financial product.
  5. All statements, representations, estimations, projections or forecasts made in or through the Block Earner Platform or Services by any other person do not represent our opinion or have our endorsement.
  6. Before acting on, or relying upon, any Materials hosted or made available on or through the Block Earner Platform or Services, we strongly recommend that you:

    1. undertake your own investigations and enquiries; and
    2. seek independent legal, accounting, tax, financial, business, technical and other professional advice from an appropriately qualified professional advisor.

7 Risks associated with cryptocurrencies

7.1 General

This section sets out some of the risks involved in connection with cryptocurrency and using the Services. However, this section does not constitute an exhaustive list of such risks and as such, you should carefully consider whether using our Services is suitable for you in light of your circumstances.

7.2 Legal status

  1. The legal status of cryptocurrency (including cryptographic coins, tokens and digital assets) remains uncertain in many countries and jurisdictions around the world. Such cryptocurrency may be legally prohibited in certain countries or jurisdictions or be subject to specific restrictions and limitations with which you are solely responsible for complying at your own risk and expense. We take no position on the legal status of any cryptocurrency.
  2. It is your responsibility to undertake your own investigations and enquiries and satisfy yourself of the legal status of the cryptocurrency (particularly in Australia). You acknowledge and agree that you use cryptocurrency through the Services at your own risk.
  3. The Services will only support the cryptocurrency we determine from time to time (in our absolute discretion). However, it is your responsibility to ensure that you do not use any cryptocurrency through the Services that are financial products within the meaning of the Corporations Act. It is also your responsibility to ensure that you do not deal in any financial product cryptocurrency through the Services. We will not support financial products in any form.

7.3 Risks of trading and holding cryptocurrency

  1. Historically, the value of cryptocurrency has been highly volatile and there is a risk that they could have little to no value in the future. The trading or holding of cryptocurrency involves significant risks and the losses can be substantial. It may be difficult to value cryptocurrency accurately and reliably given the nature of their trading and difficulty in identifying fundamentals. You should carefully consider and assess whether trading or holding cryptocurrency or using cryptocurrency-adjacent services is suitable for you depending upon your financial circumstances and tolerance to risk.
  2. Due to the significant risks of trading cryptocurrency as well as the impact of technology and the international market, Block Earner cannot warrant or guarantee that particular cryptocurrency will be available as part of the Services. Block Earner reserves the right to stop offering trades in relation to particular cryptocurrency as part of the Services. We will use our reasonable endeavours to notify you if we cease to support trading a particular cryptocurrency.

7.4 Cyber risks, delivery and custody

  1. Block Earner is not responsible or liable for any fiat currency sent to an incorrect bank account that is not the Account or an Australian bank account in the name of the user. It is important for you to take precautions when transferring and storing your funds or providing us with bank details. You should familiarise yourself with the security measures available when using a wallet service or other device for storage. Always take a greater degree of care and precaution to secure your passwords when operating in a digital environment. You are strongly advised to double check that you have inserted the correct wallet address or Australian bank account details where required.
  2. If we determine (in our sole reasonable discretion) that transferring cryptocurrency or fiat currency to you would be unlawful, or in any way contrary to our AML/CTF obligations, we may suspend such a transfer for as long as we reasonably determine is required. You agree that when this occurs, you have no claims regarding the delayed transfer and agree to assist us with every request for information in this regard.
  3. market conditions, or other operational or technical difficulties which could result in the immediate halt of transactions either temporarily or permanently. Provided that Block Earner has taken reasonable commercial and operational measures to prevent such events in technical systems controlled by Block Earner, Block Earner is not and will not be responsible or liable for any loss or damage of any kind incurred by you as a result of such cyber-attacks, operational or technical difficulties or suspensions of transactions.

7.5 Ownership of cryptocurrency

By using the Services, you represent and warrant to us at all times you use the Services that any fiat currency or cryptocurrency used by you in connection with the Services is owned by you or that you are validly authorised to carry out transactions using such fiat currency or cryptocurrency.

8 User Content

  1. You must not provide any material through the Block Earner Platform (Your Content) that:

    1. infringes the intellectual property or other rights of another person;
    2. is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
    3. relates to unlawful content;
    4. creates a privacy or security risk to any person, including be soliciting personal information from any person;
    5. is false, misleading or deceptive;
    6. contains financial, legal, medical or other professional advice;
    7. would harm, abuse, harass, stalk, threaten or otherwise offend;
    8. would reflect negatively on us, including our goodwill, name and reputation;
    9. tampers with, hinders the operation of, or makes unauthorised modifications to the Block Earner Platform or Services;
    10. would breach any applicable laws; or
    11. would result in civil or criminal liability for you, us or any third party.
  2. By providing us with any of Your Content, you:

    1. grant us a non-exclusive, worldwide, royalty-free, perpetual licence (including a right of sublicence) to use, copy, modify or otherwise exploit Your Content in connection with our provision and promotion of the Block Earner Platform or Services; and
    2. warrant that you have the right to grant such licence.
  3. You agree to indemnify and hold us (including any of our directors, officers, employees and contractors) harmless from any claim made by any third party arising out of Your Content.
  4. We may, without notice to you, review, modify or remove any of Your Content in our absolute discretion including where we believe it violates these Terms.
  5. The Block Earner Platform is not designed to be a long term storage medium for Your Content. You are solely responsible for securing and backing up Your Content.

9 General restrictions

  1. In using the Block Earner Platform and Services, you must not:

    1. provide us with inaccurate or incomplete information;
    2. participate in market manipulation activity of any kind (eg, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether it is prohibited by law);
    3. make commercial use of the Block Earner Platform or Services without Block Earner’s written consent (including trading services using Block Earner’s Services),
    4. violate any applicable laws, or use the Block Earner Platform or Services for any purpose that is unlawful (including but not limited to infringing intellectual property rights, money laundering, terrorism financing, paying of ransomware, illegal gambling or other criminal activities);
    5. distribute viruses, spyware, corrupted files, or any other similar software or programs that may damage the Block Earner Platform or operation of any computer hardware or software whether directed at the Block Earner Platform or its users or not;
    6. give any instruction or enter any transaction, or do or undertake any other activity, whether through the Services, which would or may negatively affect the performance of the Block Earner Platform or Services or our reputation;
    7. use and/or take advantage of a technical or technological error, loophole or glitch on our Block Earner Platform or through our Services;
    8. do anything that will result in us breaching any applicable laws (including the AML/CTF Laws and the Corporations Act);
    9. access the Block Earner Platform or Services by any means other than those authorised by these Terms (including virtual private networks);
    10. use the Block Earner Platform or Services for the purpose of obtaining, processing, distributing, viewing, assessing, analysing, copying or replicating any information, methods or processes related to the Block Earner Platform or Services (including data scraping, the use of collection or accumulation tools and robotic or scripted responses);
    11. use the Block Earner Platform, Services or any information contained in either for commercial purposes which are competitive to the Block Earner Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;
    12. use systematic, repetitive or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Block Earner Platform or which may otherwise place an unreasonable load on the infrastructure of the Block Earner Platform;
    13. reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Block Earner Platform or Service’s source code, formulae or processes;
    14. collect or store data about other users of the Block Earner Platform or Services;
    15. engage in any other conduct that inhibits any other person from using or enjoying the Block Earner Platform or Services; or
    16. attempt to circumvent our user interface to access our API directly. The use of any scripts/bots to interact with our API is not permitted
  2. Any user of the Block Earner Platform or Services that breaches these Terms may have their ability to use the Block Earner Platform or Services terminated, as well as any pending transactions cancelled. You may also be held liable for any losses incurred by Block Earner or any other user of the Platform.
  3. Block Earner encourages users to report any problems or vulnerabilities with the Block Earner Platform and Services by contacting us at support blockearner email

10 Insurance

Block Earner’s third party cryptocurrency custody solution has its own insurance arrangements in place to cover any loss of crypto from hacks, third party risks and smart contract failures. Block Earner and Block Earner users are not party to this insurance arrangement.

11 Warranties and liability

11.1 General

  1. All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these Terms and the Block Earner Platform and Services that are not contained in these Terms, are excluded to the maximum extent permitted by law.
  2. We are not responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond our reasonable control. In particular, and without limiting paragraph (a):

    1. while we endeavour to provide convenient and functional Block Earner Platform and Services, we do not guarantee that your requirements will be met or that your use of the Block Earner Platform or Services will be uninterrupted error free or that the Block Earner Platform and Services are free of viruses or other harmful components; and
    2. we cannot be responsible for any loss, corruption or interception of data sent to or from the Block Earner Platform which occurs outside of our computer system (such as those which occur while being sent over the internet).
  3. Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited.
  4. If any guarantee, term, condition or warranty is implied into these terms of use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for a breach of the Non-Excludable Provision is limited to supplying of the Services again, or the payment of the cost of having the Services supplied again.
  5. Subject to paragraphs (f) and (g) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms, the Services or the Block Earner Platform whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, or otherwise, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to any fees paid by you to use the Block Earner Platform or use the Services. This limitation does not apply to any cryptocurrency or funds deposited with us that you are rightfully entitled to in accordance with these Terms.
  6. Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:

    1. special, indirect, consequential, incidental or punitive damages; or
    2. damages for loss of profits, revenue, goodwill, anticipated savings or loss or corruption of data, whether in contract, tort (including negligence), in equity, under statute or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
  7. Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability. Our liability is subject to your duty to mitigate your loss.

11.2 Your warranties

  1. You represent and warrant that:

    1. you will only use the Block Earner Platform and Services in accordance with these Terms;
    2. you are duly authorised and have the capacity to provide each instruction and enter into each transaction using the Services;
    3. you will comply with all applicable laws of Australia and any other jurisdiction in which or from which you give instructions or enter transactions using the Services;
    4. all fiat currency amounts are sourced from legal origins that you own or otherwise have full legal authority to deal with such fiat currency;
    5. your use of the Services and entering into transactions does not infringe the rights of any third party or any applicable law; and
    6. you understand that your use of the Services may be suspended at any time at our discretion for breach of these Terms or at the request of any government authority investigating a fraud or other suspicious activity.
  2. To the full extent permitted by applicable law, you agree to indemnify Block Earner against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred arising directly or indirectly from your use of the Block Earner Platform, Service or from your breach of these Terms.

12 Links and advertisements

The Block Earner Platform and Services may contain links to other third party websites and advertisements which include embedded links, which are provided for your information only. We have not reviewed any of the sited linked to the Block Earner Platform or Services and are not responsible for the content or accuracy of any offsite pages or any other sites linked to the Block Earner Platform or Services. The inclusion of any link or advertisement does not imply that we endorse or approve the linked site or the subject matter of the advertisement. You access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

13 Privacy

  1. In using the Block Earner Platform and Services, you may give us personal information. By using the Block Earner Platform and Services, you grant us consent to collect, store, use and disclose such personal information in accordance with our privacy policy (see here).
  2. You are not required to provide us with your personal information, but if you do not we may be unable to provide you with some or all of our services (including the Services).
  3. Our privacy policy explains:

    1. how we store and use, and how you may access and correct your personal information;
    2. how you can lodge a complaint regarding the handling of your personal information; and
    3. how we will handle any complaint.
  4. You may update any personal information you have given us at any time through your account on the Block Earner Platform.
  5. We may process and store information about you on a device located outside the country where you live in electronic form or hard copy.
  6. You have a right to access, update or delete any personal information that we hold about you. Sometimes there may be a reason such as legitimate business or legal reasons as to why access will not be possible. If that is the case, you will be told why. We may combine information about you from the Block Earner Platform with information from other products and services we develop on our own.

14 Infringing or objectionable content

If you believe the Block Earner Platform or Services contain elements that are objectionable, or infringe copyright or any other rights please contact us at support blockearner email and provide particulars of such content and a detailed description of why it is objectionable or infringing.

15 Dispute resolution

  1. We are committed to dealing with customer complaints promptly and resolving issues in accordance with our policies.
  2. If you wish to make a complaint about the Services, you can contact us as set out in section 19. Please include your name, email address and/or telephone number and set out as much information as possible concerning your complaint.
  3. We treat all information submitted in connection with a complaint in confidence. Any information collected during the internal dispute resolution process is collected for the purpose of evaluating and improving the process.
  4. We seek to acknowledge receipt of all complaints within 5 business days and we will strive to resolve all complaints within 30 days. This may not be possible in all circumstances and will depend on the nature of any particular complaint.
  5. We may contact you by the contact information provided by you to discuss your complaint and may ask you to provide additional information.
  6. Where we cannot resolve a complaint within 30 days, we will notify you of the reasons for the delay and we will provide you with an indication of when we expect to resolve the complaint.
  7. We will give you a written response to your complaint and the reasons for reaching a particular decision. If you believe that we have failed to address your complaint satisfactorily, we will provide you with information about any further steps you can take.

16 Variation

  1. We may unilaterally vary these Terms from time to time. We will display a notice on the Block Earner Platform (and notify you by means of your nominated communication method if you are receiving the Services) indicating when any such revisions have been made. By continuing to access the Block Earner Platform or use the Services once the revised Terms have become effective, you agree to be bound by such revised Terms. If you do not agree to the revised Terms you must not access the Block Earner Platform or any of the Services and, subject to clause 17(b), you should contact us at support blockearner email to cancel your registration.
  2. We regularly change and improve the Block Earner Platform and Services. We may automatically update the Block Earner Platform and Services whenever a new version or feature is available or we remove certain functionality for any reason. You will not have any recourse if we change or remove any functionality, and you will not do anything to restrict or prevent such updates applying to any products and services that you have developed or use in connection with the Block Earner Platform and Services.
  3. The Block Earner Platform and Services may use third party products and services that we licence or otherwise use legally but we provide no warranty or assurance whatsoever that the Block Earner Platform and Services will continue to those third party products and services in the future.

17 Suspension, termination and cancelation

  1. We may at any time refuse to complete, block, or reverse a transaction you have authorised (or part thereof) or limit, suspend, restrict, or terminate your access to any or all of the Services or the Block Earner Platform (including your account) if:

    1. you gain or attempt to gain unauthorised access to another user’s account;
    2. you are, as determined in our absolute discretion, or we reasonably suspect you are, using the Services or Block Earner Platform to perform illegal activities such as money laundering, terrorism financing, paying of ransomware, online gambling or other criminal activities;
    3. you breach these Terms such as failing to make a payment or transfer of cryptocurrency as required under these Terms;
    4. there is a technical or operational difficulty;
    5. required by law; or
    6. we receive a request from a law enforcement or government agency to do so.
  2. You may terminate your account at any time provided you don’t have any incomplete or pending transactions under the Services.

18 General

  1. Additional terms and conditions may apply to specific aspects, services or features of the Block Earner Platform or Services. All such terms and conditions apply in addition to, and prevail over, these Terms.
  2. If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
  3. These Terms are governed by the laws of New South Wales, Australia. If you are a resident in Australia, each party submits to the non-exclusive jurisdiction of the courts of the State or Territory in which you ordinarily reside. If you are not resident in Australia, each party submits to the exclusive jurisdiction of the courts of New South Wales, Australia.
  4. Nothing in these Terms limits any liability we or you may have in connection with any representations or other communications (either oral or written) made prior to these Terms, where such liability cannot be excluded (including under section 18 of the Australian Consumer Law).
  5. Subject to paragraph (d), these Terms supersede all previous agreements, understandings, negotiations, representations and warranties about its subject matter and embodies the entire agreement between the parties about its subject matter.
  6. Neither party will be liable for any failure or delay in performing any of its obligations under these Terms if such delay is cause by circumstances beyond that party’s reasonable control.
  7. Your use of the Block Earner Platform and Services is conducted electronically, and you agree that we may communicate with you electronically for all aspects of your use of the Block Earner Platform and Services, including sending you electronic notices.
  8. Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity or enforceability of the remainder of these Terms is not affected.
  9. The provisions of these Terms which by their nature survive termination or expiry of these Terms will survive termination or expiry of these Terms.
  10. No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
  11. Although the Block Earner Platform and Services may be provided in languages other than English, the version of these Terms in English will prevail to the extent of any inconsistency and to the extent of the inconsistency only.
  12. The word "including" when used in these terms of use is not a term of limitation.

19 Contact us

For further information about the Block Earner Platform, the Services, these terms of use, or to make a complaint, please contact us the details set out below.

Attention: Head of Customer Service

Email: support blockearner email