Terms of Service

Terms of Service

By using this website, https://digitalsurge.com.au, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Digital Surge Pty Ltd, (“Digital Surge”, “we”, “us”, “our”) offer, you the user (“you”, “user”, “client”, “customer”), are deemed to have read, warrant, agree to and accept these terms and conditions in full.

These Terms and Conditions are an agreement between you, the user, and us, Digital Surge. These terms and conditions govern your use of this website and / or services; by using this website and / or services, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least eighteen (18) years of age to use this website and / or any of our services. By using this website and / or our services, you warrant and represent that you are at least eighteen (18) years of age.


Acceptable Use

You must not use this website or services in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity, including but not limited to money laundering, terrorism or any other type of illegal activity of any sort.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Digital Surge’s express written consent.

Users agree to provide Digital Surge with accurate, current and complete information about themselves as prompted by our registration or service process, and keep such information updated.

Digital Surge reserves the right to request identification information (such as driver’s license, identity card, invoices, Government issued photographic identification, utility bills, residential certificate, signed certification of cohabitation, or similar, banking information) depending on the amounts requested through our service or any apparent suspicious activity which may indicate money-laundering or other illegal activity. Identification of the bank account to or from which funds are transferred may also be requested. In certain cases notarization of certain documents (including apostille) may be requested. Transactions may be frozen until the identity check has been considered satisfactory by Digital Surge as required by applicable money laundering laws. Digital Surge may request additional identification information at any time at the request of any competent authority or by application of any applicable law or regulation.

It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Digital Surge is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.


Services

Digital Surge provides a hosted bitcoin wallet where you may store, transfer, and send your bitcoin to other bitcoin addresses. Digital Surge also allows users to buy and sell bitcoin. Digital Surge does not have control of, or liability for, the products or services that are paid for with Digital Surge services. We do not guarantee the identity of any user or other party or ensure that a buyer will complete a transaction. Digital Surge is not a money transmitter. Digital Surge assists its users in bitcoin transactions.

You must ensure that the user ID and passwords provided by Digital Surge are kept confidential and maintained with adequate security. Digital Surge may restrict your service and / or disable your user ID and password at Digital Surge’s sole discretion if it is suspected that your account has been compromised.

You agree that Digital Surge may provide you communications about your account and Digital Surge services electronically. You are responsible for keeping your email address up to date in your Account Profile.


Crypto Currency

Digital Surge provides a service and acts as agent to purchase and sell bitcoin and other crypto currency.

Trading in digital or virtual commodities, goods, or products is inherently risky. By using our services, you represent and warrant that you understand the risks associated with bitcoins and digital or virtual commodities, goods, or products.

Digital Surge accepts no responsibility for any loss or damages if the user provides us with any wrong or false information, including but not limited to, incorrect wallet id’s. Digital Surge cannot cancel or reverse any bitcoin-to-bitcoin transactions, as long as they are accepted and confirmed on the bitcoin network.

If or when in doubt regarding any or all of our services, please obtain independent legal and / or financial advice, including but not limited to, the buying, selling and trading of bitcoins or any other digital commodities, products or goods, under the local laws of your jurisdiction.

Digital Surge reserves the right to refuse any order for any reason.


Warranties

This website is provided “as is” without any representations or warranties, express or implied. Digital Surge makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Digital Surge does not warrant that:

this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
any part of this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal or financial matter you should consult an appropriate professional.


Limitations of liability

Digital Surge will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Digital Surge has been expressly advised of the potential loss.


Other parties

You accept that Digital Surge has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Digital Surge’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Digital Surge’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Digital Surge.


Indemnity

You hereby indemnify Digital Surge and undertake to keep Digital Surge indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Digital Surge to a third party in settlement of a claim or dispute on the advice of Digital Surge’s legal advisers) incurred or suffered by Digital Surge arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.


Entire agreement

These terms and conditions, together with our privacy policy and disclaimer, constitute the entire agreement between you and Digital Surge in relation to your use of this website and services, and supersede all previous agreements in respect of your use of this website and services.


Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Australian law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Australia.