Digital Surge Pty Ltd ACN 620 473 109 (we, us, our) owns and operates digitalsurge.com.au and all of its sub-domains (the Site), the “Digital Surge” iOS and Android mobile applications (the App), and various third-party social media and messaging sites, channels, pages, groups, and forums (collectively, our Services).

Acceptance and Variation of Terms

Your permission to access and use our Services is conditional upon you agreeing to the terms and conditions set out below before using our Services (Terms). You must read these Terms and our Risk Disclosure Document carefully. By either clicking an “accept” button, creating an account, or accessing or using any part of our Services, you accept, or are deemed to have accepted (as the case may be), all of these Terms, as varied, modified, or amended by us from time to time and to have warranted that you have read, understood and accepted all of the risks set out in our Risk Disclosure Document.

Acceptable Use

You agree that you are only authorised to use our Services for your own personal use and for the following activities:

• accessing and using our Services;
• any other purpose which we make known to you.

Legal Status of Digital Assets

The legal status of cryptographic coins, tokens, and digital assets (hereafter Digital Assets) is not settled. We do not make any representation as to the legal status of any Digital Assets made available through the Service. It is your responsibility to undertake your own investigations and enquiries, and to satisfy yourself in that regard.

Counterparty Risk

As part of our normal business operations, and to provide our users with the best prices for Digital Assets, we hold Digital Assets from time to time on other exchanges.

Ongoing Technological Development

Many Digital Assets remain under development by their promoters, have not been implemented or deployed, and are not in real-world use.

Trading, Etc.

Our Services may include trading tools, indicators, materials, and configurations (Trading Tools) which you may access and use. The factors, variables, and circumstances which are accounted for by the Trading Tools are limited to the variables, inputs, and specifications of each Trading Tool (as applicable).

No Financial Advice

You acknowledge and agree that we do not hold, or operate under, an Australian Financial Services Licence and are not offering or providing any financial advice or financial products or services of any kind.

Australian or New Zealand Residents Only

Our Services are only available to residents of Australia or New Zealand. All information and Content hosted or made available on or through our Services is not intended for any person who is not an Australian or New Zealand resident.

Deposits and Withdrawals

We are not obliged to accept deposits from any person, and reserve the right not to deal with any person, for any reason.

Security

You must ensure that all login IDs and passwords required to access our Services are kept secure and confidential. We offer multi-factor authentication to help secure your access to our Services.

Account Creation

In order to access and use our Services, you must:

• create an account on our Site;
• be over the age of 16;
• verify your account by following our know-your-customer (KYC) and anti-money laundering (AML) procedures and providing such information and documents which we reasonably require.

Confidentiality

You agree to keep confidential all Content hosted or made available on or through our Services (including Content generated by other users).

Rules of Interpretation

Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in these Terms.

• The singular includes the plural and vice versa.
• Words of any gender include all genders.
• A reference to a clause, paragraph, schedule, annexure, or appendix is a reference to a clause or paragraph of, and a schedule, annexure, or appendix to these Terms.
• A reference to $, AUD$, dollar or $ is to Australian currency.