User agreement for justclam.com last updated: September 24, 2018
  1. Introduction
    Welcome to justclam.com. This User agreement ("Agreement") apply to any access to, or use of, any services made available using the website justclam.com (“Site”), and to any other related services or materials provided by Justclam (collectively “Services”). By accessing or using any Services, you agree to be bound by this User agreement, hereafter reffered as ("Terms").
  2. You accept the risks of trading
    1. Trading or holding digital currency is inherently risky and the risk of loss can be substantial. You should therefore carefully consider whether trading or holding digital currency is suitable for you in light of your financial circumstances.
    2. The fact that a digital currency is made available on the Site or in connection with the use of the Services is not to be construed as an express or implied representation by Justclam of any kind, including endorsement, warranty, approval, or disapproval of the value, integrity, security, or operation of that digital currency.
    3. By using our services, you represent and warrant that you:
      1. acknowledge and accept the risks associated with trading and holding digital currencies;
      2. acknowledge and accept that the price or value of digital currency is subject to extreme volatility. You therefore accept that there is an inherent risk that you may suffer losses as a result of your use of the Services to trade or hold digital currency;
      3. understand and accept the risks associated with trading and holding digital currencies, and are responsible for conducting (and have conducted) your own independent research and analysis of the risks specific to the digital currencies you wish to trade or hold before using the Services;
      4. have the necessary technical and financial skills to research, review, and evaluate the security, integrity, and function of any digital currency made available by using the Services that you decide to buy or sell;
      5. acknowledge and accept that CoinExhchange does not, and cannot, undertake any oversight function with respect to any digital currency that may be traded on the Site;
      6. have the requisite knowledge, experience, understanding, professional advice, and information to make your own evaluation of the merits and risks of any trade before using any of the Services;
      7. acknowledge that you may be defrauded when using digital currencies and accept that Justclam has no responsibility to compensate you or assist you to otherwise recover your losses in the event that fraud is committed against you by a third party, unless Justclam, including its shareholders, directors, officers, employees, agents or representatives, is fraudulent or negligent in the supply of Services to you;
      8. have sufficient financial resources to make any trade before using any of Justclam's Services.
  3. Your eligibility to use our Services
    1. Our Services are intended solely for users who are 18 years old or older and who satisfy the criteria described in these Terms.
    2. You represent and warrant that you:
      1. are 18 years or older;
      2. have not previously had your Justclam Account suspended or terminated;
      3. have full capacity, power and authority to agree to these Terms.
    3. You may not use the Services if you are located in, or are a citizen or resident of any state, country, territory, or other jurisdiction that does not approve use of crypto currency in any form, or any other location where your use of the Services would otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any Services while located in any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where Justclam has determined, at its discretion, to prohibit use of its Services.
    4. Unless Justclam has approved you to use a Justclam Account for trading on behalf of a corporation or other legal entity (an "Enterprise User"), you agree to use the Services including your Justclam Account as your own personal account and not on behalf of any third party. If you use any Services on behalf of any Enterprise User, you agree to these Terms on behalf of both yourself and any such Enterprise User, and you represent and warrant that you have the authority to bind the Enterprise User to these Terms and that both you and the Enterprise User will be jointly and severally liable under these Terms for any violation of these Terms or any other act or omission by the Enterprise User or by you.
  4. Modification of these Terms
    1. Justclam will endeavour to give you at least 7 days’ prior notice of any change to these Terms that is likely to materially affect or disrupt the manner in which you use Justclam, except in circumstances where such a change is due to an immediate need to restore or maintain security, or due to a change by a third party where Justclam was not aware of the change in advance. In these circumstances, Justclam will endeavour to notify you within a reasonable time after becoming aware of, or making any necessary change.
    2. Notice of modification of these Terms will be given by Notice posted on justclam.com.
    3. If you do not agree to any modification of these terms you must stop using the Services.
  5. Your account
    1. So that you may use the Services, you are required to open and maintain an account ("Justclam Account"). To open your Justclam Account, you will be required, as part of the registration process, to provide certain personal information about yourself (such as your identification and contact details) which Justclam reasonably requires in order to comply with requirements under the Anti-Money Laundering Counter-Terrorism Financing Act 2006 (Cth) and other applicable anti-money laundering and counter-terrorism laws, regulations, rules and policies which apply to Justclam (the "AML Requirements"). You acknowledge and agree that:
      1. you will provide any information that Justclam reasonably requires for the purposes of its obligations under the AML Requirements;
      2. any information you provide will be accurate, correct, and you will continue to maintain that information as accurate and correct. All information provided as part of opening a Justclam Account will be treated in accordance with Justclam's Privacy Policy;
      3. notwithstanding any other provision of these terms, Justclam is not obliged to do or omit to do anything if it would, or might in its reasonable opinion, constitute a breach of any AML Requirement or economic or trade sanctions laws or regulations applicable to it.
    2. You are responsible for maintaining the security and integrity of your own computers, software and digital interfaces, including the confidentiality of any login information associated with the Justclam Account you use to access our Services, and you are responsible for any consequences, loss or damage that you may incur due to your failure to maintain security or integrity in your equipment or digital interfaces, or confidentiality in your personal details, including Justclam Account information and log in information.
    3. If the security of your Justclam Account has been compromised, you must contact and promptly notify Justclam of this in writing. Upon receipt of your written notice, Justclam will take reasonable steps to protect your Justclam Account including by suspending your account if necessary for that purpose.
    4. Justclam has a policy of not changing or amending an email address used to open, and linked to, a Justclam Account. This is to protect your identity and your privacy. You will need to ensure the email address you use to open a Justclam Account is an email address to which you will have continued access. Should it be necessary to amend the email address linked to your Justclam Account, you will need to contact Justclam directly.
    5. If you are unable to access to your Justclam Account because you have lost or are unable to use your login information, Justclam will not provide you with access to your Justclam Account until you have provided verification of your ownership of the account by answering questions based on Justclam Account information. The purpose of this verification process is to ensure that access to any Justclam Account is only given to the rightful owner of that account.
  6. Responsible Use and Conduct
    1. By using the Site and accessing the Services, you agree to use the Services only for the purposes intended as permitted by these Terms, and any applicable laws and regulations.
    2. You acknowledge and accept that:
      1. accessing (or attempting to access) any of the Services by any means other than through the means Justclam provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of Services through any automated, unethical or unconventional means;
      2. engaging in any activity that disrupts or interferes with our Services, including the servers and/or networks on which our Services operate or are connected, is prohibited;
      3. attempting to copy, duplicate, reproduce, sell, trade, or resell our Services, is prohibited;
      4. you are responsible for any consequences, losses or damages that Justclam may directly or indirectly incur as a consequence of any activity undertaken by you on, or through the use of, the Site or the Services, that is in breach of these Terms or any applicable law or regulation;
      5. Justclam may provide various open communication tools on the Site, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You acknowledge and accept that, Justclam does not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit or receive any type of content on our Site, then it is your personal responsibility to use these tools in a lawful, responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
        1. is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
        2. infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
        3. contains any type of unauthorized or unsolicited advertising; or
        4. impersonates any person or entity, including any www.Justclam.com employees or representatives;
      6. Justclam has the right at its sole discretion to remove any content that it believes in its judgment does not comply with these Terms, along with any content that Justclam believes is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyright or trademark. Justclam is not responsible for any delay or failure in removing such content. If you post content that Justclam chooses to remove, you hereby consent to such removal, and waive any claim you may have against Justclam;
      7. Justclam does not assume any liability for any content posted by you or any third party user of its Site. From time to time, Justclam may make third party website links and information available to you on its Site. Justclam does 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 false or misleading, incomplete, offensive, indecent, or otherwise objectionable;
      8. in so far as information or content which is posted to Justclam by third parties, and which may be downloaded from Justclam is concerned, Justclam makes no representation about the safety, security, accuracy or quality of that information or content and does not supply that material to you in connection with our Services to you. Justclam is not liable for any damage or loss of data incurred by you or any other party which may result from the download of such third party content;
      9. you warrant that any content posted by you on the Site does not infringe any third party intellectual property rights, and you grant to Justclam a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to reproduce, modify, adapt, translate, publish, publicly display and/or distribute such content as it sees fit;
      10. should your digital currency split or fork or require some other form of modification or alteration, Justclam will not perform or give effect to any split, fork, modification, or alteration on your behalf. You must withdraw the relevant digital currency from your Justclam Account and complete the relevant process for such split, modification or alteration required to be made;
      11. Justclam may, in its discretion, attempt to correct, reverse, cancel any order, trade or transfer in the event that Justclam discovers that there was an error in a trade or transfer, whether that error was by you, Justclam or a third party. You authorise Justclam to attempt that correction, reversal or cancellation as described. You acknowledge and accept that any such attempt may not be successful, and that Justclam does not bear any liability for the error or any correction attempt;
      12. you shall indemnify Justclam against all losses, damages, claims, liability, expenses, payments or outgoings incurred by or awarded against Justclam arising from:
        1. any breach of these Terms; and
        2. any act or omission by you (including any negligence, unlawful conduct or wilful conduct) relating to these Terms or the use of the your Justclam Account;
      13. your liability to indemnify Justclam shall be reduced to the extent that such loss or damage was caused or contributed to by any act, omission, direction or negligence of Justclam including by its shareholders, directors, officers, employees, lawyers, agents, representatives, suppliers, or contractors;
      14. Justclam may, in its discretion, prevent you from immediately dealing with large amounts of digital currency that appear in your Justclam Account. Should this occur, Justclam will also contact you to confirm the provenance of, and your entitlement to, the digital currency. Justclam will immediately release the currency to you on satisfaction that the currency has not been received in breach of any applicable laws, including laws relating to anti-money laundering and counter-terrorism financing, and that you are otherwise entitled to the currency; and
      15. you warrant that you will not hold Justclam responsible to recover or replace digital currency, or compensate you for direct or indirect losses in the event of a hostile takeover or illegitimate forking of a digital currency. In the event of a hostile takeover of a digital currency or an illegitimate forking of a digital currency, Justclam is not required to but reserves the right to:
        1. review the blockchain and its associated digital currency;
        2. suspend your access to the Site, the Services and/or your Justclam Account if you receive a deposit of digital currency that does not appear to be legitimate;
        3. reverse any deposit of digital currency which is illegitimate; and
        4. restore your access to the Site, the Services and/or your Justclam Account once the deposit has been reversed from your Justclam Account.
  7. Justclam's Obligations
    1. Unless otherwise indicated in these Terms, Justclam will not deal with digital currency in your Justclam Account or digital currency that is otherwise held by Justclam on your behalf without your express instructions to do so. When you make a trade using the Services, you acknowledge that your confirmation of the trade is an express instruction to Justclam for this purpose.
    2. Justclam relies on third party service providers in connection with its Site. From time to time, faults, errors, and other issues may occur with such third party service providers, which may cause access to these third party services to become temporarily or permanently unavailable. To the extent that a third party service is not available, Justclam will use its best endeavours to restore access or connectivity as soon as practicable.
    3. Where access or connectivity cannot be restored within a reasonable time, or at all, Justclam will notify you of the issue. Justclam is not liable for a failure to restore access or connectivity where the third party service provider is responsible for that failure and/or the matter is not is within Justclam's control.
  8. Fee & Charges
    1. Exchange fee
      1. Justclam will charge you fees when a trade you have made is successfully realised. Fees are payable by both the buyer and the seller to a trade, calculated as 0.10% of the traded amount as follows:
        1. Buyer's fee payable to Justclam on a realised trade = amount traded plus 0.10%;
        2. Seller's fee payable to Justclam on a realised trade = amount traded less 0.10%.
      2. The fees payable by you to Justclam will be displayed to you at two separate times prior to the realisation of any trade being:
        1. the time when you first place an order for a trade (the pre-order stage); and
        2. the time when you confirm the trade (the confirmation stage).
    2. Network fee
      1. Network fee payable by you during withdrawal of funds. The amount will be deducted from your total withdrawal amount:
        1. Bitcoin network fee: 0.00020000 BTC
        2. Clamcoin network fee: 0.01000000 CLAM
  9. Privacy
    Your privacy is very important to us. Justclam has created a separate Privacy Policy in order to explain in detail how Justclam collects, manages, processes, secures, and stores your private information. Justclam's privacy policy forms part of these Terms. To read Justclam's privacy policy in its entirety, click here.
  10. Limitation of Warranties
    1. Justclam guarantees that the Services are supplied with due care and skill, and any Services that Justclam supplies are reasonably fit for their purpose.
    2. Justclam guarantees that its Services will be supplied to you within a reasonable time.
    3. If the Services we supply fail to meet the above guarantees, you may have rights against us. This may include the right to a refund. In certain circumstances we may choose how we remedy our failure. In other circumstances, you may choose how the failure should be remedied.
  11. Limitation of Liability
    Subject to your statutory rights, the liability of Justclam, its related bodies corporate and their respective shareholders, directors, officers, employees, lawyers, agents, representatives, suppliers or contractors arising out of or in connection with the Site, the Services, and/or any performance or non-performance of the Services, a breach of any one or more of the guarantees in connection with the Limitation of Warranties as explained above, or any other product, service or other item provided by or on behalf of Justclam (including as a result of you providing inadequate or false personal information, incorrect wallet identification details, erroneous or false account information, or incorrect bank account details), whether arising under contract, statute, strict liability or other cause of action (including negligence and in equity) will not exceed:
    1. the supplying of the Services again; or
    2. the payment of the cost of having the Services supplied again.
  12. Copyrights/Trademarks
    All content and materials available on our Site, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Justclam, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Justclam.
  13. Termination or Suspension of use
    1. You agree that Justclam may suspend or terminate your access to the Site, the Services and/or your Justclam Account in its absolute discretion if Justclam forms a reasonable belief that you have engaged in conduct such as, and without limitation:
      1. breaching the terms of this agreement;
      2. breaching any law or legal right, including third party rights;
      3. engaging in any illegal activity including using the Services to conduct or further any illegal activity;
      4. engaging in fraudulent activity, including but not limited to any attempt by you to access or hack another user's account, or to impersonate Justclam;
      5. introducing any electronic malware or virus into the Site;
      6. violating the chatroom rules posted in the chatroom, which may change from time and time;
      7. behaving in an abusive or unreasonable way towards other users of the Services or Justclam staff;
      8. encouraging third parties to interact with the Services in any way without Justclam's prior written consent.
    2. If your Justclam Account contains an anomaly such as a negative balance, an imbalance between what ought to be in your account and what is actually in your account, or an insufficient amount to pay our fees, your Justclam Account may be suspended until the anomaly is resolved.
    3. If you receive notice from Justclam that your Justclam Account has been suspended, your right to use the Services will immediately cease for a period being, at minimum, 72 hours, unless otherwise advised. Your Justclam Account may then be terminated if an investigation shows that you have engaged in any of the conduct referred to in subclauses 13.1(b) - (e) above.
    4. If you receive notice from Justclam that your account has been terminated, your account will be immediately suspended if not already suspended under clause 13.3 above, and:
      1. if the reason for your termination is because of conduct referred to in subclauses 13.1(a), (e) - (h), subject to any legal obligations imposed on Justclam due to your conduct, Justclam will refund the balance of your Justclam Account to you, following which your Justclam Account will be permanently deactivated; or
      2. if the reason for your termination is because of conduct referred to in subclauses 13.1(b), (c) or (d) above, you will not be able to withdraw your funds. Justclam may be obliged to cooperate with law enforcement agencies with respect to any digital currency in your Justclam Account. Withdrawal may only be permissible following the conclusion of any investigation which may be undertaken.
    5. If your Justclam Account has a zero balance and has been inactive for a period of six months, Justclam reserves the right to suspend your account. If Justclam does not receive any communication from you, including via use of your account, for a period of twelve months, your account may be terminated.
    6. You may voluntarily close your Justclam Account at any time by:
      1. withdrawing your funds; and/or
      2. requesting that Justclam close your Justclam Account.
  14. Governing Law
    1. The Site is controlled by Justclam. It can be accessed by most countries around the world. By accessing and using the Services on and associated with the Site, you agree that these Terms are governed by the laws of the State of New South Wales.
    2. You and Justclam submit to the exclusive jurisdiction of the courts of the State of New South Wales.
  15. Guarantee
    Justclam does not offer any express warranties of any kind concerning the supply of the Services. Warranties offered by Justclam are limited to those that are required by law.
  16. Severability
    Where any of these Terms are found to be invalid or unenforceable, those terms shall be severed from these Terms such that the balance of these Terms will remain in full force and effect.
  17. Force Majeure
    Justclam takes no responsibility or liability for any failure or delay in performance of any of its Services, or any loss or damage that you may incur, due to any circumstance or event beyond Justclam's control, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment, or software malfunction.
  18. Assignment
    You may not assign or transfer any right to use the Services without Justclam's prior written consent. Justclam may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, by providing you with fourteen days' notice.
  19. Headings
    Headings are used in these Terms for convenience only and shall not be used to limit or construe these Terms.
  20. Entire Agreement
    These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Site or the Services. In the event of any conflict between these Terms and any other agreement you believe you may have with Justclam, these Terms will govern any dispute unless the other agreement expressly states that the other agreement supersedes these Terms.
  21. Contact Information
    If you have any questions or comments about these Terms , you can contact us via:
    1. Contact form, or
    2. email us at support@justclam.com