Terms of Service
Last updated: November 25, 2025
Important Legal Agreement
Please read these Terms of Service carefully before using the Qoney platform. By accessing or using our services, you agree to be bound by these terms.
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and Global Mutual Funds Pty Ltd (ABN 20090555436) ("Company", "we", "us", "our") governing your access to and use of the Qoney platform ("Platform", "Service").
By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you must not access or use the Platform.
Global Mutual Funds Pty Ltd
ABN: 20090555436
Level 3 Suite 310, 247 Coward Street
Mascot NSW 2020, Australia
2. Eligibility and Account Registration
2.1 Eligibility Requirements
To use the Platform, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into binding contracts
- Not be prohibited from using the Service under applicable laws
- Successfully complete our Know Your Customer (KYC) and Anti-Money Laundering (AML) verification processes
- Provide accurate, complete, and current information during registration
2.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access or security breaches
- Using strong passwords and enabling multi-factor authentication where available
We are not liable for losses resulting from unauthorized use of your account.
2.3 Account Verification
We reserve the right to verify your identity at any time. Failure to provide requested documentation may result in account suspension or termination. Verification requirements comply with Australian financial services regulations and international KYC/AML standards.
3. Services and Platform Usage
3.1 Platform Services
The Qoney platform provides:
- Real-world asset tokenization services
- Digital asset management and portfolio tracking
- Cap table management and reconciliation
- Blockchain-based transaction processing via XRP Ledger
- AI-powered analytics and insights
- Compliance and regulatory reporting tools
- Risk management and monitoring systems
3.2 Permitted Use
You may use the Platform only for lawful purposes and in accordance with these Terms. You agree NOT to:
- Violate any applicable laws, regulations, or third-party rights
- Use the Platform for money laundering, fraud, or illegal activities
- Attempt to gain unauthorized access to systems or user accounts
- Reverse engineer, decompile, or disassemble any Platform components
- Use automated systems (bots, scrapers) without written permission
- Interfere with the Platform's operation or security
- Impersonate others or provide false information
- Upload malicious code, viruses, or harmful content
3.3 Service Availability
We strive to provide continuous service but do not guarantee uninterrupted or error-free access. We may suspend or modify services for maintenance, security, or regulatory compliance without prior notice.
4. Financial Terms and Transactions
4.1 Fees and Charges
- Transaction fees, service charges, and subscription fees may apply
- Fees are displayed in the Platform before transaction confirmation
- We reserve the right to modify fees with 30 days' notice
- Blockchain network fees (gas fees) are additional and beyond our control
4.2 Transactions
All transactions are subject to verification and approval. We reserve the right to reject, cancel, or reverse transactions that:
- Violate these Terms or applicable laws
- Are flagged by our compliance or risk management systems
- Involve suspicious or fraudulent activity
- Exceed your account limits or available funds
Blockchain transactions are irreversible once confirmed. You are responsible for verifying transaction details before confirmation.
4.3 Tax Obligations
You are solely responsible for determining, reporting, and paying any taxes applicable to your transactions and holdings. We may report transaction information to tax authorities as required by law.
5. Intellectual Property
5.1 Our IP Rights
The Platform, including all software, code, designs, logos, trademarks, content, and AI algorithms, are owned by or licensed to Global Mutual Funds Pty Ltd and protected by intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purpose. This license does not grant you any ownership rights.
5.2 User Content
You retain ownership of any data, documents, or content you upload to the Platform. By uploading content, you grant us a worldwide, royalty-free license to use, store, process, and display that content solely for providing our services.
You represent that you have all necessary rights to the content you upload and that it does not infringe third-party rights.
6. Risk Disclosures and Investment Warnings
Important Risk Warnings
- Not Financial Advice: The Platform provides tools and information but does not constitute financial, investment, legal, or tax advice
- Investment Risk: Tokenized assets carry significant risk, including total loss of capital
- Market Volatility: Asset values can fluctuate significantly and may not be liquid
- Regulatory Risk: Digital asset regulations are evolving and may impact your holdings
- Technology Risk: Blockchain technology and smart contracts carry technical risks
- No Guarantees: Past performance does not guarantee future results
You should consult with qualified financial, legal, and tax professionals before making investment decisions.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- We provide the Platform "AS IS" and "AS AVAILABLE" without warranties of any kind
- We disclaim all warranties, express or implied, including merchantability, fitness for purpose, and non-infringement
- We are not liable for indirect, incidental, consequential, or punitive damages
- Our total liability to you shall not exceed the fees paid by you in the 12 months preceding the claim
- We are not responsible for losses caused by third-party services, blockchain networks, or user error
Some jurisdictions do not allow limitation of certain warranties or liabilities. In such cases, our liability is limited to the extent permitted by law.
8. Indemnification
You agree to indemnify, defend, and hold harmless Global Mutual Funds Pty Ltd, its affiliates, directors, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your violation of these Terms
- Your use or misuse of the Platform
- Your violation of any laws or third-party rights
- Content you upload or transactions you execute
- Your breach of representations or warranties
9. Termination
9.1 Termination by You
You may terminate your account at any time by contacting us. Upon termination, you must withdraw all assets and settle outstanding obligations.
9.2 Termination by Us
We may suspend or terminate your account immediately, without notice, if:
- You violate these Terms
- Your account is used for illegal activities
- Required by law or regulatory authorities
- We detect suspicious or fraudulent activity
- You fail KYC/AML verification
9.3 Effect of Termination
Upon termination:
- Your access to the Platform will be revoked
- You must withdraw assets within the specified timeframe
- We may retain data as required by law or for legitimate purposes
- Blockchain records remain immutable and publicly accessible
- Provisions intended to survive termination (liability, indemnification, etc.) will remain in effect
10. Dispute Resolution and Governing Law
10.1 Governing Law
These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales for any disputes.
10.2 Dispute Resolution Process
Before initiating legal proceedings, you agree to:
- Contact us at [email protected] to resolve the dispute informally
- Participate in good-faith negotiations for at least 30 days
- If unresolved, pursue mediation before commencing litigation
10.3 Class Action Waiver
To the extent permitted by law, you agree to resolve disputes on an individual basis and waive any right to participate in class actions or representative proceedings.
11. Compliance and Regulatory Matters
11.1 KYC/AML Compliance
We are committed to preventing money laundering and terrorist financing. You agree to:
- Provide accurate identity verification documents
- Disclose beneficial ownership information
- Update information when circumstances change
- Cooperate with compliance investigations
11.2 Reporting Obligations
We may report suspicious activities to regulatory authorities including AUSTRAC, ASIC, and international equivalents. You consent to such reporting as required by law.
11.3 Sanctions Compliance
You confirm that you are not subject to economic sanctions or located in sanctioned jurisdictions. We reserve the right to block transactions to comply with sanctions laws.
12. Changes to Terms
We may modify these Terms at any time. Material changes will be communicated via:
- Email notification to your registered address
- Prominent notice on the Platform
- Updated "Last Modified" date at the top of this page
Continued use of the Platform after changes constitutes acceptance. If you do not agree to the modified Terms, you must discontinue use and close your account.
13. Miscellaneous
- Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and us
- Severability: If any provision is invalid or unenforceable, the remaining provisions remain in effect
- Waiver: Failure to enforce any right does not waive that right
- Assignment: You may not assign these Terms. We may assign our rights and obligations to affiliates or successors
- Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control
- Third-Party Rights: No third party has rights to enforce these Terms
14. Contact Information
For questions, concerns, or notices regarding these Terms, contact us:
Legal Department
Global Mutual Funds Pty Ltd
ABN: 20090555436
Level 3 Suite 310
247 Coward Street
Mascot NSW 2020
Australia
Email: [email protected]
Phone: +61 2 8338 8900
Acceptance Acknowledgment
By clicking "I Agree" during registration or by using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.