TRETA TERMS

TERMS AND CONDITIONS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and QUOQQA Pty Ltd (“TRETA”) (“we”, “us”, or “our”) concerning your access to and use of the TRETA website (https://tretaxchange.com/) as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). TRETA is a regulated Digital Asset Exchange that provides users with functionality for the buying and selling of cryptocurrencies, OTC trading and other digital currency services offered by us from time to time (“Services”). The information on the Site is not intended for distribution or to be used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance of local laws, to the extent local laws are applicable.
Information on this website is not, in any circumstance, financial advice. The Company nor any of its affiliates will or shall provide financial advice in any form.
Any purchase or sale you make, accept, or facilitate outside of the Site will be entirely at your own risk. You expressly indemnify us and hold us harmless for any losses you may incur by transacting or facilitating transactions outside of this Site.
This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that may apply to you. Please read it carefully.

1. ACCEPTANCE OF THESE TERMS AND CONDITIONS

Our services are only available to you upon acceptance of these terms and conditions. By using the services on our website, you agree that you have read, understood, and agree to be bound by all of these terms and conditions. If you do not agree and/or accept all of these terms and conditions of use, then you are expressly prohibited from using our services and you must discontinue use immediately. By using the Site or any part of it, or by clicking ‘I accept’ below or indicating your acceptance in an adjoining box, you are confirming that you understand and agree to be bound by all of these terms.

2. CHANGES TO THESE TERMS AND CONDITIONS

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you of any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms and Conditions are posted.

3. APPLICATION OF THESE TERMS AND CONDITIONS

These Terms and Conditions apply to all users of all of TRETA’s services, including individuals, merchants, and legal entities.
TRETA’s users are those who use and/or purchase TRETA or affiliated services.
The Site is intended for users who are at least 18 years old. People under the age of 18 are not permitted to use or register to purchase TRETA on the Site.

4. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the Site and its Services are the property of TRETA or its licensors. Subject to your compliance with these Terms, TRETA grants you a limited right to access and/or use the Site. The right to access and/or use the Site is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations contained herein. Nothing in these Terms gives you any licence (other than as set out in this section), right, title, or ownership of, in, or to any of the Site.
You acknowledge and agree that TRETA retains all rights, title, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights in the Site, the software and application programming interfaces (APIs) comprising the Site, and all content therein. You acknowledge and agree that “TRETA”, their trademarks, service marks, logos and graphics are the registered trademarks or trademarks of TRETA. You are not permitted to create, for commercial use, fan art (tokenised or physical), merchandise, or similar content stemming from the Site and its affiliated links and projects. If you create any fan-art for personal, non-commercial use, the artwork must clearly state “TRETA Fan Art” and a link to the Site at https://tretaxchange.com/ reserves the right to determine if something is fan art/merchandise or not.

5. DATA PROTECTION

In order to provide you with the Site and its services, you acknowledge and agree that TRETA may collect, store, and process your personal data and/or information. By accessing and/or using the Site, you acknowledge to have read, understood, and accepted the terms of TRETA’s privacy policy, and you further acknowledge and agree that TRETA may use such data and/or information in accordance with the terms of its privacy policy.

6. USER REPRESENTATIONS

By accessing and/or using the Services, you represent and warrant that:
  • you fully understand and have experience of tokens, cryptocurrencies, and digital assets, as well as of blockchain-based infrastructures and services such as past use of digital currency exchanges.
  • you fully understand the risks associated with the trading or holding of tokens, cryptocurrencies, and digital assets as well as the mechanics related to the use of such tokens, cryptocurrencies, and digital assets (including with respect to their storage and exchange).
By accessing and/or using the Site, you acknowledge that, tokens, cryptocurrencies, and digital assets, are extremely volatile and shift quickly in terms of, among others, liquidity, market depth and other characteristics. There is no guarantee against losses for accessing and/or using the Site in correlation with digital assets. You further represent and warrant that you are not entering into transactions that are above your financial abilities and that you are aware of the risks related to tokens, cryptocurrencies, and digital assets, for which you are solely responsible and liable for. You acknowledge and agree that TRETA does not provide any advice, guidance, or recommendations on the opportunity to invest into, disinvest from, or remain invested in any Token. If you are considering purchasing Tokens as an investment, you should first contact your financial advisor for any such advice, guidance, or recommendation. By accessing and/or using the Site, you warrant that you are a bona fide user of TRETA’s services. By accessing TRETA via a wallet or account creation via TRETA, you confirm that you will not use TRETA Services in connection with any of the following businesses, activities, practices or items, or any criminal activities whatsoever, including but not limited to:
  • Terrorist financing;
  • Money laundering;
  • Illegal gambling
  • Distributing or funding drugs and drug paraphernalia;
  • Malicious hacking including payments for ransomware;
  • Any business activity we believe poses elevated financial risk, including legal liability, pyramid schemes, network marketing, and referral marketing programs;
  • Knowingly or recklessly providing us with inaccurate or incomplete information through the Platform;
  • Reverse engineering, disassembling, or otherwise attempting to construct, copy, or replicate the Platform’s source code, formulas, or processes;
  • Interfering with the security of the Platform or the safe use of the Platform by others (including without limitation by way of distributing viruses, corrupted files, or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Website or its users);
  • Using this Platform for any purpose that is unlawful or prohibited or in a way which infringes the intellectual property rights or other rights of any person (including us);
  • Knowingly or recklessly using and/or taking advantage of a technical or technological error, loophole, or glitch on TRETA’s Platform and Services;
  • Using the Platform or the information contained in it for commercial purposes which are competitive to the Platform or our business or which would otherwise be detrimental or prejudicial to our interests in any way;
  • Using systematic, repetitive, or other related methods which are designed to generate or obtain repetitive and repeated amounts of data or other information from or to the Platform or which may otherwise place an unreasonable load on the infrastructure of the Platform;
  • Publishing, posting, distributing, disseminating, or sending ‘spam material’ or engaging in any communication that is offensive, false, unlawful, defamatory, indecent, unfair or inappropriate in any way to others, which would reasonably be considered ‘spam’ or which is deliberately false, misleading, or deceptive (or likely to mislead or deceive);
  • Collecting or storing personal data about other users of the Platform; or
  • Doing anything else which may interfere with or negatively affect the operation of our Platform, Services, or other users.

7. USER REGISTRATION

You may be required to register an account or sign up with a wallet address with the Site to be able to access its features and functions. You agree to keep your password (if any) confidential and will be responsible for all use of your account and password.
To the maximum extent allowed by law, we accept no liability for any losses suffered by you with regards to losing access to your account or wallet.

8. PROHIBITED ACTIVITES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except if agreed to in a binding legal contract with TRETA.
The prohibited activities with regards to the Site include, but are not limited to:
  • Using the Site in any unauthorised manner, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
  • Using a buying agent or purchasing agent to make purchases on the Site.
  • Using the Site to advertise or offer to sell goods and services.
  • Circumventing or disabling or otherwise interfering with security-related features of the Site, including features that prevent or restrict the use or copying of any Site content or enforce limitations on the use of the Site and/or the content contained therein;
  • Engaging in unauthorised framing of or linking to the Site.
  • Defrauding or misleading us and/or other users, especially in any attempt to learn sensitive account information such as user password.
  • Improperly using our support services or submitting false reports of abuse or misconduct.
  • Engaging in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site.
  • Attempting to impersonate another user or person or use the username of another user.
  • Selling or otherwise transferring your profile.
  • Using any information obtained from the Site in order to harass, abuse, or harm another person.
  • Use of the Site as part of any effort to compete with us or otherwise use Site and/or the content contained within for any revenue-generating endeavour or commercial enterprise.
  • Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Site.
  • Attempting to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of it.
  • Harassing, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Site to you.
  • Deleting copyright or other proprietary rights notice from any content from or derived from the Site.
  • Copying or adapting the Site’s software, including, but not limited to HTML, JavaScript, or other code.
  • Uploading or transmitting (or attempting to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Uploading or transmitting (or attempting to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“GIFs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”).
  • Except as may be the result of standard search engines or Internet browser usage, using, launching, developing, or distributing any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
  • Disparaging, tarnishing, or otherwise harming, us and/or the Site, such harm which is assessed and judged at our sole discretion and opinion.
  • Using the Site in a manner inconsistent with any applicable laws or regulations.

9. PAYMENT AND FEES

The site reserves the right to employ and use third-party payment gateways. If you elect to purchase, trade, or sell, via the Site, any financial transaction where you elect to pay via a third-party payment gateway service, requires you to abide by their terms and conditions. Any third-party payment services used are not controlled by TRETA. You agree to use the third-party payment services at your own risk. You agree to indemnify TRETA from all liability in relation to any third-party payment services. We accept no liability owed to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via any third-party payment gateways.

10. TAXES

You shall be solely responsible for any taxes applying to the payments you make or receive through the Site, and to collect, report, and remit such taxes to the appropriate tax authorities. You acknowledge and agree that, at the moment, TRETA is not able to draft a taxation report concerning the operation executed and that it is your duty to collect all the information required by the competent tax authorities in order to comply with your tax obligations

11. PURCHASES AND REFUNDS

To the maximum extent permitted by law, you agree and acknowledge that we are under no obligation to allow refunds on the Site in relation to any transactions that may, be refundable. Any refunds or compensation, whether monetary or otherwise, in relation to the Site and your use of the Site and all its features and assets are considered, accepted, or rejected at our sole discretion. This includes, but is not limited to, the following scenarios in which you may potentially suffer loss, harm, or damage:
  • accidental purchases or actions made by you.
  • glitches, malfunctions, or other technical errors encountered on the Site.
  • being made victim of another user’s fraud, deceit, prohibited activity, or misdemeanour.
  • fluctuating pricing by other users.
  • unreasonable pricing by other users.
  • the use of the Site and/or its features and assets in a manner not consistent with a relevant intended purpose.

12. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site, the App, and the Smart Contracts (“Submissions”) provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment from or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

13. THIRD PARTY WEBSITE AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”), as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site, or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware that these Terms and Conditions no longer govern your use of and interaction with these Sites and/or Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and we are not liable for any harm caused by your purchase of such products and services. Additionally, you agree and acknowledge that we accept no liability for any losses sustained by you or harm caused to you relating to or resulting, in any way, from any Third-Party Content or any contact with Third-Party Websites.

14. ADVERTISING

We may allow advertisers to display their advertisements and other information in certain areas of the Site, including sidebars, pop-ups, and banners. If you are an advertiser, you should take full responsibility for any advertisements you place on the Site, and any services provided on the Site, or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

15. TERMINATION OF USE AND BANNING OF WALLET ADDRESS

You terminate these Terms at any time by withdrawing consent to abide by these terms via writing. If you withdraw consent, or otherwise terminate these Terms, you will not receive any refunds for any purchases that you might make on or through the Site.
You agree that we, in our sole discretion and for any or no reason, may terminate these Terms or suspend and/or terminate your use of our platform, or ban your wallet address from using the Site without the provision of prior notice. You agree that any suspension or termination of your access to the Site may be without prior notice and that we will not be liable to you or to any third party for any such suspension or termination.
If we terminate these Terms or suspend or terminate your access or a wallet’s access to or use of the Site due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity (including, without limitation, if you engage in any of the Prohibited Activities), then termination of these Terms will be in addition to any other remedies we may have at law or in equity.
We have the right, without provision of prior notice, to take appropriate legal action, including, without limitation referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorised use of the Site. Without limiting the forgoing, we have the right to fully cooperate with any law enforcement authorities or court order requestion or directing us to disclose the identity or other information of anyone using the Site.
Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have used or gathered on the Site or that is related to your wallet, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party.

16. LIMITATION OF LIABILITY

In no event will TRETA, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to Your use of the Site, whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not TRETA was advised of the possibility of such damages.
Without limiting the generality of the foregoing, TRETA takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the Site, including, without limitation, to any of the following: (i) delays, interruption or loss of services; (ii) technical failure, malfunction or shutdown; (iii) server failure, hacks or unavailability; (iv) data loss; (v) corrupted data on TRETA’ servers; (vi) failure to update or provide correct information; (vii) “phishing” or other websites masquerading as TRETA; (viii) stolen, lost, or unauthorised use of your means of authorization; (ix) loss of business or goodwill.
The limitation of liability set out above shall not be applicable in case of loss or damages caused by TRETA or any of its employees by intentional misconduct or gross negligence.
The Site supports or is integrated with third party services. TRETA takes no responsibility for any third-party services and will not be liable for any loss or damages caused by such third-party services.
The Site is provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. TRETA disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.

17. INDEMNIFICATION

To the fullest extent permitted under applicable laws, you agree to hold harmless and indemnify TRETA, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors from and against all third-party claims and all liabilities, damages, assessments, losses, costs, or expenses (including reasonable attorney fees) resulting from or arising out of:
  • Your alleged or actual breach of these Terms, including, without limitation, Your express representations and warranties;
  • Any instructions submitted by you whether in person, in writing or through your act of providing instructions via your interaction with the Site;
  • Your alleged or actual use or misuse of the Services; and
  • Your alleged or actual infringement or violation of any laws or of the rights of a third party.

18. ENTIRE AGREEMENT

These Terms constitute all the terms and conditions agreed upon between you and TRETA and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral.

19. SEVERABILITY AND WAIVER

Unless as otherwise stated in these Terms, should any provision of these Terms be held totally or partially invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by applicable laws. The failure of TRETA to exercise or enforce any of the rights or provisions of these Terms shall not considered as a waiver of TRETA’s rights to do so.

20. ASSIGNMENT

TRETA may assign these Terms and/or delegate any of its obligations hereunder, in whole or in part. You may not assign these Terms or any part of them, nor transfer or sub-license Your rights under these Terms to any third party, unless in connection with the transfer of the Tokens.

21. NO PARTNERSHIP

Nothing contained in these Terms shall be deemed or construed to create a principal and agent, partnership, or joint venture relationship between you and TRETA.

22. FORCE MAJEURE

TRETA will not be deemed in default of these Terms to the extent that performance of its obligations is delayed or prevented by reason of any external force including, without limitation, war, insurrections, bank failures, strikes, fires, floods, earthquakes, labour disputes, epidemics, governmental regulations, freight embargoes, natural disaster, act of government or any other cause beyond TRETA’s reasonable control.

23. GOVERNING LAW

These Terms and Conditions, and your use of the Site, are/is governed by and constructed in accordance with the laws of Australia, applicable to agreements made and to be entirely performed in Australia, without regard to its conflicts of law principles.

24. ACCESSING AND AMENDING PERSONAL INFORMATION

You are entitled to review, correct, or amend your personal information, or to delete that information where it is inaccurate. You may do this by contacting us at [hello@tretaxchange.com]. If your access to the site is suspended or terminated, we will keep your information in our database for at least seven years for regulatory purposes. This ensures that those who are attempting to avoid fraud cannot achieve this by simply closing or terminating their access. When your access is closed or terminated, your information will not be used by us for any further purposes, including sharing to third parties.

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