Terms & Conditions

1. Introduction and Acceptance of Terms and Conditions

By visiting, accessing, or using Noble Trading Pty Ltd Platform, you (“User”, “user”, “You” or “you”) consent to the Terms of Service (these “Terms”), so please read them carefully. The Terms constitute the agreement and understanding regarding the use of any or all the Services, and any manner of accessing them, between you and Noble Trading Pty Ltd, Australia registered company referred to as ‘’The Company’’ (“we,” “us” or “our”).

2. Interpretation

By clicking on the “buy or sell” button or by visiting the Company Platform, we may provide you with access and utility through our trading platform via software, API (application program interface), technologies, products and/or functionalities. A description of the Services provided by us is contained in Clause 5 of these Terms.
As described in these Terms, you agree to be legally bound by these Terms and all terms incorporated by reference. If you do not agree to be bound by these Terms, do not access, or use the Services. Certain clauses in these Terms will be different depending on whether you are a User of the entities mentioned above. Where this is the case, the relevant Clause will set out which User the Clause applies to.
To the fullest extent permissible pursuant to Applicable Laws and Regulations, we reserve the right to change or modify the Terms, and any policy or guideline of the Company Platform, at any time and at our sole discretion.
To the fullest extent permissible pursuant to Applicable Laws and Regulations, you agree to the Terms in effect when you access or use the platform, you must stop using our Services. We encourage you to frequently review the Terms to ensure that you understand the terms and conditions that apply to your access to, and use of, the Services.
The Terms and any terms expressly incorporated herein apply to your access to, and use of, any services provided by us. The Terms take precedence over and do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise. If you are using the services on behalf of a legal entity, you represent and warrant that (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization and (b) you are authorized to accept the Terms on such entity’s behalf and that such entity agrees to be responsible to us if you violate the Terms, (c) you are authorised to execute transactions on behalf of the organisation
You should read the Terms, and any document referred to in them very carefully. If there is
anything that you do not understand in the Terms and any document referred to herein, you should discuss this matter with us and seek the necessary clarification.
Any formal communication with you will be undertaken through electronic mail and live chat unless otherwise instructed. Documents will be sent to you by electronic mail and you should seek to send any documents to us by the same means.
Any formal communication with you will, unless otherwise agreed, be made in the English language. In the event of any discrepancy between the English language version of the Terms or any such communications and any translation of the Terms or such communications (as applicable) in a foreign language, the respective English version shall prevail.

3. ELIGIBILITY AND PROHIBITION OF USING OUR SERVICES & BUSINESS

The services are intended solely for Users who are Natural Persons aged 18 or older. you have accepted these Terms and Conditions;
you are of sound mind and capable of taking responsibility for your own actions, and have the full legal capacity to accept these Terms and Conditions and enter into transactions with us;
you are not, located in or a resident of any Prohibited Countries;
all information and details that you submit to us during the initial registration process, and thereafter (including as part of any use of the Services), are true, current, complete and not misleading and, as appropriate, match the name(s) on the identity document (s) or other payment accounts to be used to receive the Virtual Currency in exchange for Fiat Money (defined below) and vice versa;
you will not use the services to pay for, support or engage in any illegal activities;
you will not to use methods to conceal the location from which you access the Site and Services and that you will disclose to the Company your accurate and true location. Should the Company determine in its sole discretion that the activity on your Account is suspicious or related to any prohibited activity or illegitimate operation, the Company may cancel or suspend your Account, block any outstanding transactions, deny any new transactions, and/or freeze any funds or assets available on your Account;
you shall act only for yourself. You shall not to act as intermediary, agent, advisor or in any fiduciary capacity;
you will not manipulate the Services in any way. Such manipulation includes amongst others, the use of automated systems (i.e. bots, software and/or system) or any other use which cannot be considered as typical trading behaviour of human beings;
you will notify us immediately of any unauthorised use of your Account or password, suspected compromise of login information, or any other breach of security. You warrant, represent, and agree to be solely responsible for maintaining your personal details confidential and safeguarding your Virtual Currency. Any compromise of your Account login information may expose your Account to unauthorised access which may result in theft or loss;
The service is designed for your personal use only, and not for the use or access by any third party. In any event, you are fully responsible for all acts or omissions of any third party accessing and/or using your Account.
Note that we may not make all the Services available in all markets and jurisdictions, and may restrict or prohibit use of our Services from Restricted Locations, which at this time include:

Afghanistan

Lebanon

Belarus

Libya

Central African Republic

Myanmar

Cuba

Russia

Guinea

Sudan

Guinea Bissau

Somalia

Iran, Islamic Republic of

South Sudan

Iraq

Syria

North Korea

Tunisia

Iran, Islamic Republic of

United Kingdom

4. PROHIBITED BUSINESSES

Any use of our services in connection with any of the following categories of activities or businesses is prohibited (“Prohibited Businesses”), and we reserve the right at all times to monitor your transactions that are related to any of the following Prohibited Businesses:
1. unlicensed money service businesses, including but not limited to payment services providers, the sale of money orders or cashier’s checks or any money transmitter activities.
2. prohibiting any business relationships with banks or financial institutions that do not maintain a physical presence in any count (i.e., a prohibited “Shell Bank'') or that have financial activities or services that do not comply with, or would cause the Company, as applicable, to not be in compliance with any laws, regulations, or other legal authority applicable to us or applicable to the regulated financial services or activities in question.
3. adult content and services, including but not limited to any types of pornography and other obscene materials (including literature, image and other media), sites offering any sexually-related services such as prostitution, escorts, pay-per view, and adult live chat features;
4. deceptive marketing and false advertising services;
5. religious and/or spiritual organizations;
6. unlicensed sale of weapons of any kind, including but not limited to rearms, ammunition, knives, explosives, or related accessories;
7. certain regulated products and services, including but not limited to marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; and toxic, flammable, and radioactive materials;
8. pseudo-pharmaceuticals - companies manufacturing and or selling untested or unapproved pharmaceuticals;
9. drugs and drug paraphernalia, including but not limited to, sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers and hookahs
10. gambling activities, including but not limited to sports betting, casino games, horse racing, dog racing, lotteries, games of chance, sweepstakes, games of skill that may be classified as gambling (i.e. poker), or other activities that facilitate any of the foregoing;
11. money-laundering, fraud, terrorist financing, or any other type of financial crimes;
12. any sort of Ponzi scheme, pyramid scheme, or multi-level marketing program;
13. goods or services that infringe or violate any copyright, trademark, or propriety rights under the laws of any jurisdiction;
14. layaway systems, or annuities.
15. counterfeit or unauthorized goods, including but not limited to the sale or resale of fake or “novelty” IDs and the sale of goods or services that are illegally imported or exported or which are stolen;
16. wash trading, front-running, insider trading, market manipulation or other forms of market-based fraud or deceit;
17. purchasing goods of any type from hidden service markets or “Darknet” markets, or any other service or website that acts as a marketplace for illegal goods (even though such marketplace might also sell legal goods);
18. any other matters, goods, or services that from time to time we deem to be unacceptable or of high risk, and which, for example, may be restricted by our and your bank or payment partners;
19. any other unlawful activities which would, in our sole discretion, violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where we conduct business, or which would involve proceeds of any unlawful activities;
20. Shell Banks or financial institutions that have customers that are Shell Banks;
21. entities with bearer share ownership;
22. defence industry , rearms & munitions manufacturers;
23. nuclear energy;
24. restricted financial services, including but not limited to credit repair, debt settlement, refinance, bail bonds, collections agencies; or
25. transactions or business involving ivory and protected species.
In the event that we learn or reasonably suspect, in our sole discretion, that your account is or may be associated with any of the Prohibited Businesses as set forth above, we will consider it to be a violation of these Terms and may suspend or terminate your account, and/or block transactions or freeze your funds immediately without notice, and we reserve the right to report any such suspected or actual Prohibited Businesses to the law enforcement authorities.

5. DESCRIPTION OF OUR SERVICES

We provide an online trading service for Users to trade Digital Assets (“Digital Assets” as defined below, and also known as virtual financial assets.
We provide the User with trading services which allow you trade certain type of Digital Assets for FIAT or vice versa
Below is a description of the Customer Journey
1. The customer journey to buy cryptocurrencies from the Company will consist of the following steps (for OTC desk customers):
  1. A customer/prospective customer visit the Company’s OTC trading desk through either a website or a mobile app on a third-party platform (the Hosting Platform) on which the Company advertises its services.
  2. A prospective customer will register their interest and is directed to the P2P trading section on the third party platform. The Hosting Platform could be Binance, OKX, Huobi, Paxful and Bybit, or others
  3. When creating an account at the Hosting Platform’s escrow P2P platform, the prospective customer agrees to the Terms of Business on the P2P site on which they have registered on.
  4. The customer will then go to the section to buy/sell coins. There they will see one of the Company’s advertisements, and they will also see the rate on the advertisement and the Company terms of trade.
  5. Once the customer is ready to purchase, they start the process by initiating an order request for the fiat (AUD) or the cryptocurrency (BTC, ETH, BNB, USDT, USDC) amount they are interested to buy. The Company then enters into a live chat with the customer, where customers are guided to verify their ID. The Company will then perform the KYC/AML assessments on the prospective customer, applying the risk-based approach set out in its Anti Money Laundering Policy.
  6. Once the customer is successfully on-boarded, they will then be able to complete the current order request (steps I to 5 are used for new clients only)
  7. The customer will be prompted to make payment for the order as per the rate displayed on the order.
  8. Once the payment has arrived into the Company’s bank account, the Company will release the cryptocurrencies to the customer via the hosting platform (without a direct access to the customer's wallet), the client would then be able to see the transaction in their crypto wallet
2. A typical customer journey to sell BTC will differ slightly. After being verified, the customer will place an order on the hosting platform. The rate is advertised and displayed before they place the order. After placing the order, the coins automatically move into the hosting platform for custody. The Company is then able to authorise to pay the transacted value to the customer.
3. Transactions are typically settled on a same day basis as trading date. Where the Company is aware of any delays in settlement, it will always communicate where possible before it executes an order.
The Company may accept or reject to offer its Services at its discretion. An order shall not be accepted, and no binding obligation to supply any Services shall arise, until the earlier of:
1. the Company’s written acceptance of the order; or
2. the Company performing the Services or notifying you that they are ready to be performed (as the case may be).
You are fully responsible for paying all sums (whether Fiat Money or Virtual Currency) owed to us by you. We reserve the right to withhold any payment which is to be made to you until the Company can properly identify and authenticate your identity and/or payment details (as applicable). You hereby grants to the Company a continuing lien and security interest in any and all sums and/or Virtual Currency credited by or due from us to you and any securities, instruments or other property in our possession, whether for safekeeping or otherwise, or in transit to or from us as security for the full and punctual payment and performance of all your liabilities and obligations and such deposits and other sums and/or Virtual Currency may be applied or set off against such liabilities and obligations at any time, whether or not such are then due, whether or not demand has been made and whether or not other collateral is available to us.
The Services offered by the Company are subject to fees (the “Fee”). The Fee will be displayed on the platform and/or Application prior to each transaction/trade. You hereby authorise us or our designated payment processor, to charge or deduct the Fee applicable and owed to us automatically.
Any order placed will be executed once the funds clear into the Company’s accounts. In the event the payment received is lower and/or higher than the amount required to execute the order, the Company may in its sole discretion:
1. automatically update and execute the order in accordance to the payment received and notify you of the updated order; or
2. contact you to receive new instructions; or
3. cancel and/or reject the order.
Rejection by the Company of an order, including any communication that may accompany such rejection, shall not constitute a counter-offer capable of acceptance by you.
Marketing and other promotional material relating to the Services are illustrative only and do not form part of the Services and/or between us agreement.
The Company will use reasonable endeavours to deliver the Virtual Currency within a reasonable time in accordance to these Terms and Conditions. Delivery of the Virtual Currency may be completed separately from the payment and as such take time for the transfer to be processed.
We will make best efforts to execute all orders but, in some circumstances, we may be unable to. If this is the case, we will notify you and seek your approval to re-attempt execution of your order.
You understand and accept the risks in buying and/or selling Virtual Currencies, including the fact that the Company cannot guarantee that any Virtual Currency will have, at any time, a certain value (if any) or market liquidity.

6. Price and the Execution of Your Order

The price as displayed on the Website and/or Application is the price the Company is willing to buy and/or sell (the “Price”).
Any Price displayed is accurate for that moment alone and the Price which appears on the Website and/or Application upon your order for the Services may not be the actual Price of your transaction. Amongst others, this is due to the highly volatile nature of Virtual Currencies and the time period necessary for executing the order.
The actual Price of your transaction (the “Actual Price”) will be the Price which appears on the Website and/or Application:
1. upon receipt of payment from the relevant payment processor
2. upon receipt of confirmation of payment from our bank with respect to bank wire transfers;
3. upon receipt of confirmation of payment from third party processors with respect to payments processed by third parties;
You understand and agree that the Actual Price may be either higher or lower than any other Price which was previously displayed and/or available on the Website and/or Application, in accordance to available liquidity and value fluctuations, and the Actual Price may change either to your favour or detriment and we have no control whatsoever on such change.
No order will be executed unless your account has been verified to our satisfaction.
Any unexecuted orders will have a pending status and shall not be binding on us for whatsoever reason.
Within a reasonable time, following execution of an order:
1. in case of sale by you of Virtual Currency, Fiat Money using the details you provide, if in accordance to our AML policy, will be transferred through bank wire transfer and/or third party processor accordingly.
Any transaction executed and/or transfer of Virtual Currency by us to you shall be made and/or paid following the deduction of any applicable Fee, including commission fees, which shall be displayed in the Company’s fees and charges in each trade.
Executed transactions and/or orders are non-cancellable and irreversible. A transaction and/or order can only be cancelled prior to its execution and provided adequate notice of the cancellation is given to the Company. Transactions and/or orders cancelled before execution and whereby payment has been received by the Company, such payment will be refunded following the deduction of any Fees for such a refund.
All Virtual Currency transactions are irreversible and irrevocable.

7. Third Party and Your Content

In using our Services, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Twitter links ("Third-Party Content"). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
You acknowledge that the Company cannot and does not endorse or guarantee the authenticity, identity or reliability of any content and information either posted by any user of the Website and/or Application or attributed to any user of the Website and/or Application, thus relying on users’ content is solely at your own discretion and risk.

8. Third Party Processors, and Chargebacks

You acknowledge that we may, subject to our sole discretion, use third-party payment service providers to process any payment between you and the Company, including but not limited to payments in relation to your use of the Services and any transaction executed by you. In such cases, you confirm and consent to the Company providing certain personal information and/or documentation about you, including with respect to a transaction executed by you as needed to complete the transaction and/or as required under any inquiry or in the event of detection of fraud or suspicion of such.
In accordance to our Privacy Policy, we may use or transfer your personal information to any other third party service provider for the purpose of providing you with the Services and/or improvement thereof, as well as for any Know your Client, Anti money Laundering and Combating of Terrorist Financing procedures we follow.
If the Company believes, that a fraudulent act was made by you or in connection to your account or transaction, including the use of stolen bank accounts or debit/credit cards or any other fraudulent activity (including reversal of payment, chargeback, recall), we hereby reserve the right to close and/or suspend and/or freeze your trade as well as withhold any payment. In addition to the above, the Company shall be entitled to inform the relevant authorities and/or entities of any such unlawful activity. Notwithstanding the above, and any action taken by the Company, the Company shall not be liable for any unauthorised and/or fraudulent use of your account and/or debit/credit card, irrespective of whether such card(s) were reported stolen.
You hereby undertake to reimburse the Company for any losses, costs and/or expenses incurred by it from any chargeback, payment reversal and/or recall.

9. Intellectual Property

Intellectual Property means copyright, patents, know-how, trade secrets, trade marks, trade names, design rights, rights in get-up, rights in goodwill, rights in confidential information, rights to sue for passing off, domain names and all similar rights and, in each case:
1. whether registered or not;
2. including any applications to protect or register such rights;
3. including all renewals and extensions of such rights or applications;
4. whether vested, contingent or future;
5. to which the relevant party is or may be entitled, and
6. in whichever part of the world existing;
These Terms and Conditions do not convey an interest in or the Platform and/or Services and/or Company’s and/or third party Intellectual Property but only a right to use same according to these Terms and Conditions for your personal and non-commercial use.
You must not copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; sell, assign, sublicense, transfer, distribute or lease the Intellectual Property; make the Intellectual Property available to any third party through a computer network or otherwise; export the Intellectual Property to any country (whether by physical or electronic means); or use the Intellectual Property in a manner prohibited by any laws or regulations.
You will be liable and hereby undertake to indemnify the Company for any unauthorised use and/or infringement of Intellectual Property.

10. Availability of Services and Website\

The Company cannot and does not guarantee the availability of the Services and/or Website and/or Application at all times. You acknowledge that the Company reserves the right, at all times, to delay, deny, or make unavailable, at any time and at its sole discretion, any or all of the Services and/or the Website and/or Application. The Company shall have no responsibility and/or liability whatsoever in connection with the unavailability of any Service, whether caused by the Company as aforementioned or by any third party or force majeure event. You explicitly understand that any such event may cause a delay in the execution or processing of your orders and transactions, and you irrevocably release the Company of any liability in this regard.
Use of the internet may be subject to computer viruses and/or other attacks and communication failures. The Company shall have no responsibility and/or liability whatsoever, for any damage and/or interruptions caused by computer viruses, spyware, trojans, worms and/or other malware that may affect your system and/or equipment nor for any phishing, spoofing or other computer virus attacks.

11. Compliance with Laws and Regulations

Your hereby undertake not to use the Services and/or Website should such use contravenes and/or is contrary to any laws and/or regulation applicable to you and/or applicable jurisdiction.
If the Company believes that your use of the Services and/or Website may not be fully compliant with applicable laws and regulations, we may refuse to accept you as our client and/or provide you the Services
You hereby warrant and represent that you are not a resident of the Restricted Locations and/or that you do not appear in any international and/or national sanction lists and/or acting on behalf of such person in trust and/or any other capacity.
The Company reserves the right not to accept clients from certain jurisdictions to be determined at the Company’s sole discretion.
You are exclusively liable and/or responsible to inquire and pay to the appropriate authorities any taxes resulting from your use of the Services and/or transactions conducted.

12. Suspension, Termination, and Cancellation

You acknowledge that, at any time, the Company, with or without notice, and in its sole discretion for any reason whatsoever will be entitled to:
1. to suspend your use of the Services;
2. terminate use of the Services;
3. refuse and/or decline execution and/or processing of any order and/or transaction;
4. restrict your access;
5. withhold any payment and/or transfer of Fiat Money and/or Virtual Currency;
6. prohibit access to the Services and/or its content or tools;
In the event the Company exercises any of its rights mentioned in clause 11.1 above, it shall not be obliged to give any reason and/or justification whatsoever.
You may terminate your order by submitting your request at nobledigital@p2pverification.com Notwithstanding any request for termination of your order you will remain responsible for any outstanding duties and/or obligations existing as of the effective date of termination. To this effect you undertake to pay us any Fiat Money and/or Virtual Currency owed to us by you.
Exercise of the right to terminate the Services shall not prejudice any other rights or remedy available under these Terms and Conditions and/or available by law.
Following termination of your trade the Company may retain personal information for as long as necessary in order to comply with its legal and/or regulatory obligations.

13. Limitation of Liability and Indemnity

The Services and the Website are provided on an "As Is" and "As Available" Basis without any representation or warranty, whether express, implied or statutory.
The company specifically disclaims any implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and/or non-infringement. The company does not make any representations or warranties that your access and/or use of the Services, the Website, the Intellectual Property, and/or any part or materials made available therein, will be complete, error free, continuous, uninterrupted, accurate, that defects will be corrected, and/or the software or the server that makes it available are free of viruses and bugs, and makes no representation pertaining to the full functionality, accuracy, reliability of the materials and/or as to results, or the accuracy of any information obtained by you through the Services and/or Website and/or Application. The entire risk as to the use, quality, and performance of the Services and/or Website and/or Application lies with you.
To the maximum extent permitted by applicable law, in no event will the Company, its affiliates or service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, be liable to you or anyone on your behalf, for any direct, indirect, special, incidental, intangible, or consequential damages or loss of any kind, including without limitations, loss of business, profits, revenues, data, contracts or anticipated savings, savings, opportunity, discount or rebate, harm to reputation or loss of goodwill; and/or loss or any damage, arising from your use of the Website, Services, Application or Intellectual Property - whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorized or unauthorized use of the Intellectual Property, Website, Application and/or Services.
The liability of the Company shall not be limited in any way in respect of:
1. death or personal injury cause by negligence;
2. fraud or fraudulent misrepresentations;
3. any other losses which cannot be excluded or limited by applicable law.
The company has no obligation to maintain your Account name or password. the company shall not be liable if you misplace, forget or lose your Account name or password because of anything other than the company's negligence.
Any claim or cause of action arising out of or in connection to the use of the Website, Services and these Terms and Conditions must be filed within one year from the date it arises or be forever barred.
The Company shall not be liable in any way for the transfer of any and all Virtual Currency and/or Fiat Money if you provide us with any incorrect and/or incomplete information and/or wallet address.
No warranties, representations or guarantees regarding the time required to complete and/or execute any request(s) and/or order(s) provided by you, which are dependent upon factors outside of the Company’s span of control, are made.
You should verify all information contained on the Website before relying on it and all decisions based on information contained on the Website are your sole responsibility and Company shall have no liability whatsoever for your decisions.
Any disputes between you and any other user of the Website shall be exclusively resolved between you and such user, and you release the Company, its affiliates, service providers, and each of their respective officers, directors, agents, joint ventures, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
Except to the extent otherwise expressly stated herein the Company shall not be liable for any amendment, termination and/or suspension of the Services and/or Website, Application and these Terms and Conditions.
You shall indemnify, keep indemnified, defend and hold harmless, the Company its affiliates and service providers, and any of their respective employees, officers, directors, agents, joint ventures, and representatives from and against any losses, damages, liability, fines and/or penalties, costs (including legal fees) and expenses incurred by the Company as a result of or in connection with your breach of any your obligations under these Terms and Conditions, your use of the Website, Application and Services and/or any violation by you of any applicable laws and/or regulations or rights of third parties.

14. No Financial Advice

The Company does not provide any investment and/or financial advice, recommendation and/or guidance whether in connection with the Services or otherwise and nothing can be construed to amount to same.
From time to time we may provide through communication, the Website and/or Application information on the market and/or Virtual Currencies but such information should under no circumstances be considered and/or construed as investment advice, recommendation, guidance and/or instigation to act.
All decisions concerning the use of the Website and/or Services are solely taken by you and on your own free will.

15. Anti-Money Laundering and Counter Terrorist Financing Program

The Company is committed to combating anti-money laundering and counter terrorist financing as such it has implemented procedures and systems aimed at allowing it to identify and mitigate the use of its Services for illegal purposes.
We have designed our Program to reasonably prevent money laundering and terrorist financing through a risk-based, multi-layer control system.
1. The first layer includes a stringent customer identification program, including verifying the identity of our customers, in addition to obtaining identification documents, we obtain for non-natural persons their entities’ beneficial owners/natural persons consistent to international standards such as the Financial Action Task Force (FATF).
2. The second layer includes a risk-based system to warrant additional customer due diligence. To accomplish this, we screen our customers (including beneficial owners) against the entities/persons on The European Union, United States Office of Foreign Assets Control (OFAC) Sanctions Lists, and the United Nation Security Council Sanctions List, among other government-provided lists of sanctioned individuals and entities. We also may screen against other lists on a discretionary basis to protect our reputation and customers.
3. The third layer includes ongoing monitoring for suspicious activity. If our Program suspects or has reason to suspect suspicious activities have occurred, we will file suspicious activities reports with local regulatory authorities. A suspicious transaction is often inconsistent with a customer’s known and legitimate business, or personal activities.
These are the primary components of our compliance program; however, the most important glue or connection to these layers are our leadership team and staff, including AML/Risk personnel that execute training, oversight and a sound compliance culture.

16. Risks

Currently there is no comprehensive regulatory framework governing Cryptocurrencies and as such no protection is afforded as maybe the situation with other financial products.
Trading and/or investing in Virtual Currency involves a significant amount of risk and prices can fluctuate rapidly at any given time. Due to the fluctuations, you may make a profit or loss accordingly. There is an inherent risk that losses may occur as a result of trading anything on a market. You should be aware that the risks involved with trading Virtual Currency are substantial.
Virtual Currency also has risks not generally affecting Fiat Money as they are not backed by governments and/or commodities.
As with any anything dependent on technology Virtual Currency has the inherent risk of software failure and/or malicious electronical and/or physical attacks that could result in the loss and/or theft.
The abovementioned is not an exhaustive list and there are additional risks that are not mentioned herein. You should seek independent advice on whether Virtual Currencies are suitable for you.
In addition to the above the Company uses banking institutions and various payment service providers in order to receive funds and to make payments to you. The Company although it uses reputable institutions and services providers cannot and under no circumstances can be held liable for any failure of such institutions and/or service providers.
Similarly, the Company receives liquidity from reputable liquidity providers in order to provide its Services. Failure of the liquidity providers is an inherent risk and Company cannot be held responsible and/or liable in anyway whatsoever for failure of the liquidity providers.

17. Notices and Communication

Any notice or other communication, including any complains, under these Terms and Conditions shall:
1. be in writing and in English;
2. be signed by, or on behalf of, the one giving it (except for notices sent by email); and
3. be sent to:
  1. if to the Company at:
    1. nobledigital@p2pverification.com;
  2. if to you at:
    1. the email address registered for the Account; or
    2. the physical address provided by you to the Company; or
    3. any other contact address and/or number held by the Company
4. Notices may be given, and are deemed received:
  1. by hand at the time of delivery;
  2. by registered post on the fifth Business Day after posting;
  3. by email on the next business day;
  4. by text message and/or other messaging service at the time of sending;
5. Any change to your contact details and/or Company’s contact details shall be notified in accordance with clause 16.1 and shall be effective:
  1. on the date specified in the notice as being the date of such change; or
  2. if no date is so specified, five Business Days after the notice is deemed to be received.
6. This clause does not apply to notices given in legal proceedings or arbitration.

18. Dispute Resolution

Any dispute arising out of or in connection with these Terms and Conditions shall be dealt with in accordance with the provisions of this clause 17.
The dispute resolution process may be initiated at any time by either one serving a notice in writing that a dispute has arisen. The notice shall include reasonable information as to the nature of the dispute.
Both you and us shall use all reasonable endeavours to reach a negotiated resolution through the following procedures:
1. within fourteen days of service of the notice, the parties shall conduct a phone call to discuss the dispute and attempt to resolve it.
2. if the dispute has not been resolved within fourteen days of the first phone call, then the matter shall be referred to the senior management (or persons of equivalent seniority). The senior management (or equivalent) shall conduct a phone call within seven days to discuss the dispute and attempt to resolve it.
The dispute resolution procedure under clause 17.3 shall include the preparation and submission of statements of fact or of position.

19. Entire Agreement

These Terms and Conditions constitute the entire agreements and understandings between you and the Company and supersede all other agreements, understandings, and arrangements, whether in writing or oral in respect of this subject matter.
You acknowledge that you have not entered into and/or executed any transactions and/or order and/or documents in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in these Terms and Conditions. You shall have no claim for innocent or negligent misrepresentation on the basis of any statement in these Terms and Conditions.

20. No partnership or Agency

Both you and the Company are independent contractors, and nothing in these Terms and Conditions shall be deemed to create between you and the Company any other form of relationship, and the parties shall not be deemed to be partners, joint ventures or agents. You are not authorized to make any commitment on behalf of the Company

21. Assignment

You may not assign any rights and/or licenses granted under these Terms and Conditions, including without limitation, the right to use the Account/trade which is exclusively for your personal use. The Company reserves the right to assign its rights without restriction, including without limitation to any Company affiliates or subsidiaries, or to any successor in interest of any business associated with the Company Services and/or Website. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.

22. Severability

If any provision of these Terms and Conditions shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable laws and regulations and the validity or enforceability of any other provision of these Terms and Conditions shall not be affected.

23. Change of Control

In the event that the Company is acquired by or merged with a third party entity, the Company reserves the right, in any of these circumstances, to transfer or assign the information that the Company has collected from you, including any personal information, as part of such merger, acquisition, sale, or other change of control.

24. Transfer of your personal data

The company might share and transfer your personal data within the Company entities. This will include certain personal information and/or documentation about you, including with respect to a transaction executed by you as needed to complete the transaction and/or as required under any inquiry or in the event of detection or prevention of fraud or suspicion of such. The company however will take all reasonable measures to protect your personal data from any unauthorised access. In such cases, you confirm and consent to the Company to do so.

25. Survival

All provisions of these Terms and Conditions which by their nature extend beyond the expiration or termination of these Terms and Conditions, including, without limitation, sections pertaining to suspension or termination, Account cancellation, debts owed to the Company, general use of the Website, disputes with the Company, and general provisions shall continue beyond such termination and/or suspension.

26. Cumulative remedies

The rights and remedies provided in these Terms and Conditions for the Company only are cumulative and not exclusive of any rights and remedies provided by law.

27. Translations

Any translation of these Terms and Conditions, if provided, is provided for your convenience alone. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

28. Force Majeure

Company shall not be liable for delays, failure in performance or interruption of service which results directly or indirectly from any cause or condition beyond its reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond Company’s reasonable control.

29. Equitable Relief

You recognise that nay breach or threatened breach of these Terms and Conditions may cause the Company irreparable harm for which damages may not be an adequate remedy. Accordingly, in addition to any other remedies and damages available to the Company, you acknowledge and agree that the Company is entitled to the remedies of specific performance, injunction and other equitable relief without proof of special damages.

30. Third Party Rights

Except as expressly provided for in clause 30.2, a person who is not a party to these Terms and Conditions and the between us agreement shall not have any rights to enforce any of the provisions of these Terms and Conditions.
Any Affiliate of the Company shall be entitled to enforce any of the provisions of these Terms and Conditions and the between us agreement. The consent of any such Affiliate is not required in order to rescind or vary these Terms and Conditions or any provisions of them.

31. Governing Law and Jurisdiction

You and the Company agree that any dispute arising and relating to these Terms and Conditions shall first be resolved by contacting the other party directly in the attempt to reach an amicable resolution in accordance to clause 18 above.
You and the Company agree that any and all controversies and claims that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the competent courts located in the country of Australia and shall be governed by the laws of the same country without giving effect to its principles or rules of conflict of laws, to the extent such principles or rules are not mandatorily applicable by statute and would require the application of the laws of another jurisdiction.
The parties agree to keep confidential all matters relating to the dispute and related court proceedings, if any, to the greatest extent practicable.