Terms & Conditions
Terms and Conditions
Onguene & Onguene Terms and Conditions 2021
These terms and conditions of use (Terms) form a binding legal agreement between the customer (you, your) and Onguene & Onguene (Onguene & Onguene, we, us, our).
The use of this website is subject to the following terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Disclaimer
The information contained in this website has been prepared for general information only and does not contain and is not to be taken as containing any securities advice or securities recommendation. It is not intended that the Information be relied on by recipients for the purpose of making investment decisions. It is made available in good faith by Onguene & Onguene and its related bodies and has been derived from sources believed to be reliable and accurate. Onguene & Onguene does not give any warranty as to the accuracy, reliability, or completeness of the Information and accepts no responsibility for updating or correcting any part of the Information.
Onguene & Onguene do not accept any liability (whether arising in contract, or tort, or negligence or otherwise) for any error, omission or misrepresentation in relation to the Information or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) incurred by any person whatsoever arising out of or referable to the Information on this website or accessed through this website.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Privacy
Onguene & Onguene is the sole owner of all information collected on this website. You acknowledge and consent that any information provided to Onguene & Onguene in connection with the use of this website may be used by Onguene & Onguene for its own purposes, including but not limited to marketing purposes, planning, product development and research purposes. Onguene & Onguene may release this Information to third parties if required under any applicable law.
Links
This website contains links to other websites. Onguene & Onguene does not accept any liability for the availability of, or any content or material contained in or obtained through such websites or for the privacy practices of such websites.
Dispute
Your use of this website and any dispute arising out of such use of the website is subject to the laws of Paris, France.
Pricing
All prices, if quoted, are inclusive of GST unless otherwise mentioned.
1. Our Service
- We provide buyer’s agency services (Services) for Digital Assets purchasers, to allow you to quickly and easily buy, sell, and trade Digital Assets at a fair market rate, through our website, calebandbrown.com (Website).
- By sending us a trade request on the Website, you agree to be bound by these Terms, which govern all aspects of our trade with you (Trade).
- We reserve the right to refuse any order for any reason at any stage of the ordering process, in our absolute discretion, and you hereby agree to release and indemnify us in the exercise of that discretion. If you have already transferred your funds and we refuse the order, we will refund the payment in full.
- Because we source Digital Assets for you as your agent, and do not sell you our own Digital Assets, we are not required to charge you GST on the value of the Digital Assets. We only charge you GST on our Commission.
2. Purchasing Digital Assets
o a) Opening Your Order
o To proceed with your transaction, please advise us of the following.
o Your intended purchase amount and which Digital Assets you would like that invested into. (e.g. USD $1,000 into Bitcoin)
o The wallet address/s to which you intend to receive your Digital Assets. You must carefully check and confirm the digital asset public address which you provide to us. We will send the digital asset to this digital asset public address.
o By sending us a trade request, you are requesting to use our Services.
o b) You provide a receipt that you have sent us the funds, usually as a photo of the transaction
o Send an ELECTRONIC FUND TRANSFER of your specified purchase amount into the to the bank account directed by your broker(please note we can not accept cash deposits)
o Send a picture of the transfer confirmation with your ID next to it.
o c) Price locked in and trade executed
o Once receiving evidence of your transaction, we will lock in the rate as soon as possible.
o We will then send you an invoice detailing your order.
o d) Funds clear on our end (typically within 1– 3 business days depending on bank transfer times)
o We monitor our bank accounts for client deposits.
o Depending on your bank account and its location, this step can take a number of business days.
o e) Coins are released to your nominated wallet
o When the funds clear in our bank account, we will release your crypto to your designated wallet.
o We reserve the right to reject your order if you
o do not follow the above procedure exactly.
o use a TOR/VPN service;
o attempt to procure any other person to pay for your order;
o If we reject your order, we will refund any payment you have made as soon as possible, but there may be delays due to bank processing and clearance times.
3. Selling Digital Assets
o Opening Your Order
o To proceed with your transaction, please advise us of the
o Digital Assets you would like to liquidate.(e.g. 3 BTC)
o We will provide the relevant deposit addresses for your Digital Assets.
o By sending us an order request, you are requesting to use our Services.
o Sending Your Crypto and Banking Details
o When sending your Digital Assets, we recommend the following:
o Double-check that the address we have provided is the correct address you send your coins to, as we cannot reverse this typeof transaction.
o Perform a trial transaction with a small amount of your proposed order.
o Copy and paste the provided wallet address, and compare the first and final three characters of each address.
o Provide your recipient bank account details.You must be the owner of the provided bank account.
o Trade Executed
o Once receiving your crypto, we will lock in the rate as soon as possible.
o We will then send you an invoice detailing your order.
o Funds Deposited
o Depending on your bank account and its location, this step can take a number of business days.
o We reserve the right to reject your order if you:
o do not follow the above procedure exactly;
o use a TOR/VPN service;
o attempt to procure any other person to pay for your order;
o If we reject your order, we will refund any payment you have made as soon as possible, but there may be delays due to bank processing and clearance times.
4. Payment Methods
o When making a deposit to our bank account, you must:
o Provide an image of your ID document showing your name and photo (Passport or drivers licence) with your face in the same image.
o Provide an image of your ID document with your computer screen at the execution of the trade, showing in clear view the processing of the electronic fund transfer.
o Based on the size of your order, we may require further KYC documentation from you, which may come in the form of a document that is to be completed by you as an individual or the company on which you are acting on behalf.
o Other payment methods can be accepted, requirements for these transactions will be worked out with the customer on a bespoke basis reflective of all KYC requirements in Australia.
5. Our Fees
o We charge you a fee (Commission) which is a percentage of the denominated value (e.g. AUD, USD) of your Order, which is deducted from your deposit.
o We reserve the right to change the rate of theCommission, the rate of the commission will be delivered within the signed agreement representing the trade.
o We make no representation or warranty as to whether or not the Digital Asset that you have acquired is a creditable acquisition for Goods and Services Tax.
o We are not required to confirm the identity of the seller of the Digital Asset.
6.RisksOf Acquiring, Holding, And Using Digital Assets
o You acknowledge and accept that:
o Digital Assets is not recognised legal tender in Australia and other countries and that digital currency is not regulated by any central institution and may be subject to extreme price volatility;
o you understand the risks involved with digital currencies;
o you are responsible to protect your digital currency, wallet, computer, software bank account, address and personal data against any theft, fraud or illegal activity;
o all concluded transactions are irreversible;
o you have had the opportunity to obtain independent legal and financial advice about the risks associated with buying Digital Assets; and
o trading currency involves risk, especially through price fluctuation.
7. No Guarantee
o We are not obliged to notify you of any malfunction in our Services, or if any Service feature is limited, restricted or ceases.
o Although we take reasonable steps to protect the integrity and reliability of our Services, we do not warrant and do not give you any guarantee or representation that:
o our Services or any information or other material accessible through our Services will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component;
o there will be any operational stability, availability or continuation of our Services;
o your use of our Services will not infringe the rights of any third party; or
o there will be any continuation of the agreement formed under these Terms.
o We warn you that our Services may bed is continued at our sole and absolute discretion and that our Services may be inoperable at times due to:
o down time and scheduled maintenance;
o outages to any public Internet backbones, networks or servers;
o equipment failure including the failure of third party systems such as international or local access systems; or
o a force majeure Event.
8. Identification, Personal Information and Anti-Money Laundering
o We reserve the right to require you to confirm your identity before fulfilling your Order.
o We will only collect and use your personal information in order to confirm your identity, and we will not use your personal information for any other purpose.
o We will never disclose your personal information to any third parties (apart from our employees, officers and related entities) unless required to do so by law.
9. Limited Liability
o We are not liable to any extent for any loss you suffer:
o as a result of you directing us to transfer Digital Asset to an incorrect Digital Asset public address; or
o as a result of you failing to deposit, or a bank failing to process, payment for your Order within the specified time frame, or you providing incorrect account details in instructing your bank to make a deposit or making a deposit by electronic funds transfer; or
o as a result of the Service is unavailable at any time.
o To the maximum extent permitted by applicable law, we disclaim all warranties, either express or implied, including but not limited to:
o uninterrupted or continuous availability of our Services; and
o implied warranties of merchantability, fitness for a particular purpose with respect to our Services under these Terms.
o Certain laws may not allow the exclusion of some conditions and warranties in which case some of the above exclusions may not apply to you.
o Under no circumstances (including but not limited to any act or omission on our part) will we be liable for any indirect, incidental or, special and/or consequential damage or loss of profits, goodwill or reputation including, without limitation, damages arising out of an action under contract, negligence or any other theory or for any loss or consequential loss including any business profits, business information, business reputation, business opportunity, goodwill or any business interruption or other pecuniary loss or any incidental damages, punitive damages or exemplary damages whatsoever that result from your use of the Services or your inability to use or access the Services (Damages).
o Subject to paragraph 10 below, we, to the full extent permitted by law:
o exclude all warranties, conditions, terms, representations and undertakings, other than an undertaking set out in these terms (whether express or implied), including without limitation with respect to advertising or other services;
o limit our obligation to provide any services, to the obligation to supply our Services again, or to pay the cost of having our Services supplied again;
o limit our aggregate liability to $50:
o in relation to any claim; or
o for any damages whatsoever.
o The limitations set out in this clause apply regardless of whether the liability or damage is directly or indirectly related to a breach of these Terms or negligence or any other tort or for any other common law or statutory cause of action arising in relation to these Terms or the Services.
o The stated liability limits are an essential basis of the bargain between the parties and our agreement to allow you to use the Services.
o We have no liability for any force majeure event.
o We may plead these Terms in court to any claim, action, proceeding or suit brought by you against us or our related parties in relation to any of our Services or otherwise in respect of these Terms or your use of our Services. This does not affect any rights you may lawfully have against us for our acts or omissions.
10. Representations
o If you agree to these Terms you represent to us that you:
o are 18 years old or older; and
o are capable of entering into a legally binding agreement.
o You also represent and warrant that:
o all information you have provided to us is correct and current;
o you have the power and authority necessary to enter into the agreement formed under these Terms and to perform the acts required under these Terms;
o you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation anti-spam laws and any relevant data protection or privacy laws);
o you have full legal title and ownership of the money you use to pay for your order, and it is not obtained by fraud or theft;
o you will not use the Website for any illegal or improper purpose, including money laundering, tax evasion or the financing of terrorist activities;
o you are not using an anonymous network such as THOR to access
o you will not and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories.
11. Local Laws
o These Terms will not be excluded to the extent that such exclusion is prohibited by the laws of the jurisdiction where you reside and where those laws confer rights and remedies and imply terms into theseTerms that cannot be excluded.
o If a jurisdiction does not allow an exclusion or limitation of liability, but allows a limitation to a certain maximum extent, then our liability is limited to that extent.
o If any provision in these Terms is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve validity.
o If necessary the invalid provision will be deleted from these Terms and the remaining provisions will remain in full force and effect.
12. Validity
o If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
13. NoWaiver
o A failure by us to act with respect to a breach by you or any third party does not waive our right to act with respect to subsequent or similar breaches.
14. Assignment
o We have the right to assign these Terms in whole or in part to any person or business entity.
o You may not assign your rights or delegate your obligations under these Terms without our prior written consent.
15. Entire agreement
o This Agreement and all documents referenced in this Agreement comprise the entire agreement between you and us in relation to your use of the Services and supersede all prior agreements between the parties.
16. Governing Law
o The laws of Paris, France govern any agreement formed under these Terms and the parties irrevocably submit to the jurisdiction of the courts of that State.
17. Transactional Disclaimer
By placing an order through Onguene & Onguene, you agree to be bound by the following terms which govern all aspects of our provision of services. We reserve the right to refuse any order for any reason at any stage of the ordering process to our absolute discretion, and you hereby agree to release and indemnify us in the exercise of that discretion. If you have already transferred your funds and we refuse the order, we will refund the payment in full.
It is your duty to carefully check and confirm any address which you provide to us and to clearly identify which wallet address belongs to which specified asset. We are not liable to any extent for any loss you suffer as a result of you directing us to transfer any assets to an incorrect address.
Any links or recommendations to third-party services or websites mentioned through our website, email, or your personal broker, are not within our control, and we cannot and will not take responsibility for the information or content contained within them or services provided by them. Links or recommendations to such third party sites are not to be taken as an endorsement by Onguene & Onguene, nor that such sites are free from computer viruses or other potentially malicious intent.
We cannot and do not take responsibility for the collection or use of personal data by any third party site. Lastly, all information provided by Onguene & Onguene in all formats is intended to be used and must be used for informational purposes only. It is crucial that the individual perform their own analysis before making any investment based on their own personal circumstances. Onguene & Onguene is not an investment adviser, nor do we have access to non-public information about publicly listed asset classes.