Coinbase Australia User Agreement Q3 2022

COINBASE USER AGREEMENT

This agreement (the “Agreement”) is for customers who reside in Australia.

This is a contract between you and:

Coinbase Australia Pty Ltd ("Coinbase Australia"), a private company limited by shares incorporated

in Australia (ACN 654 922 442) and whose registered office address is c/o TMF Corporate Services

(Aust) Pty Limited, Level 16, 201 Elizabeth Street, Sydney NSW 2000, Australia.

References in this Agreement to "Coinbase", "we", "our" or "us", are to Coinbase Australia, and references to

"you" or "your" are to the person with whom Coinbase enters into this Agreement.

By signing up to use an account through coinbase.com or pro.coinbase.com, or any of our associated

websites, application programming interfaces (“APIs”), or mobile applications (collectively the "Site"), you

agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement,

as well as our Privacy Policy, Cookie Policy, and Prohibited Use Policy.

We refer to the Fiat Services, Digital Asset Services and Additional Services (all defined below) and such

other services that may be offered by Coinbase from time to time, collectively, as the "Coinbase Services",

which can be accessed via the platform operated by Coinbase (the “Coinbase Platform”) (including the

online platform which is accessible via the Site or at such location as may be prescribed by Coinbase from

time to time). “Digital Asset” means any digital asset (including a virtual currency or virtual commodity) which

is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network;

and "Supported Digital Asset" means only those particular Digital Assets listed as available to trade or

custody in your Digital Asset Wallet. Services and supported assets may vary by jurisdiction.

Amendment of this Agreement: We may notify you of any material changes to the Agreement that impact

your rights under the Agreement by email at least 10 days in advance. In such circumstances, you will be

deemed to have accepted the change if you continue to use the Coinbase Services. We may make all other

amendments to the Agreement (including in relation to any other Coinbase Services) at any time by posting

the revised Agreement (a “Revised Agreement”) on the Site (at www.coinbase.com/legal/user_agreement) or

by providing a copy of it to you. The Revised Agreement shall, where lawful, be effective as of the time it is

posted on the Site or provided to you (unless we state otherwise) but will not apply retroactively. Your

continued use of the Coinbase Services after the posting or provision of a Revised Agreement constitutes

your acceptance of such Revised Agreement. If you do not agree with any such modification, you should

close your Coinbase Account and cease using the Coinbase Services. You agree that any notification of

amendments in the manner described above shall be sufficient notice to you, and your continued access

and/or use of Coinbase Services and/or the Site shall constitute an affirmative acknowledgement by you of the

amendments and shall be deemed to be your acceptance of the Revised Agreement.

Copies of the most up-to-date version of the Agreement will be made available on the Site at all times.

Dispute resolution: PLEASE BE AWARE THAT SECTION 10 (CUSTOMER FEEDBACK, QUERIES,

COMPLAINTS, AND DISPUTE RESOLUTION) OF THIS AGREEMENT, CONTAINS PROVISIONS

GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COINBASE. PLEASE READ

SECTION 10 CAREFULLY

IMPORTANT NOTE: You should be aware that the risk of loss in trading or holding Digital Assets can

be substantial. As with any asset, the value of Digital Assets can increase or decrease and there can

be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets.

Coinbase Australia is registered and enrolled with the Australian Transaction Reports and Analysis

Centre (“AUSTRAC”) to provide digital currency exchange services in accordance with the

Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (“AML/CTF Act”). Coinbase

Australia’s digital currency exchange registered provider number is DCE100784914-001.

Other than under its registration and enrollment with AUSTRAC, Coinbase Australia is not licensed or

authorised (and is not required to be licensed or authorised) by the Australian Securities and

Investments Commission, the Reserve Bank of Australia, the Australian Prudential Regulation

Authority (“APRA”), or any other Australian regulator in respect of the Digital Asset Services

(described in Section 2.2) or Additional Services (described in Section 2.3) are not currently regulated

by the Australian Securities and Investments Commission, the Reserve Bank of Australia, or any other

regulator in Australia. The Digital Asset Services and Additional Services are not within scope of the

jurisdiction of the Australian Financial Complaints Authority, and your Digital Assets and fiat are not

subject to protection under the Australian Financial Claims Scheme.

You should consult your financial advisor, legal or tax professional regarding your specific situation

and financial condition, and carefully consider whether trading or holding Digital Assets is suitable for

you.

1. ELIGIBILITY.

To be eligible to use any of the Coinbase Services, you must be at least 18 years old and reside in a

country in which the relevant Coinbase Services are accessible. Please note that not all Coinbase

Services are available in every country. The list of Coinbase Services accessible by country can be

found at https://www.coinbase.com/global.

You may only use the Coinbase Services and your Coinbase Account (defined below) for your own

account and not on behalf of or for the account of any third party, and you may not intentionally or

unintentionally provide any third party with access to your Coinbase Account, except as expressly

permitted in writing by Coinbase Australia or in this Agreement.

2. SERVICES.

2.1 Fiat Services.

The following services (the "Fiat Services") may be provided to you by Coinbase Australia:

(A) a hosted digital wallet (“Fiat Wallet”) enabling you to deposit and store fiat funds (such as

Australian dollars (“AUD”)) on the Coinbase Platform, for use solely on the Coinbase

Platform.

Any funds in the Fiat Wallet are electronically stored monetary value that is, and is intended to be,

used only in Australia for the payment or part payment of goods and/or services provided by

Coinbase. Accordingly, with respect to the Fiat Services, Coinbase does not purport to operate a

non-cash payment facility regulated under the Corporations Act 2001 (Cth) (“Corporations Act”) or a

purchased payment facility regulated under the Payment Systems (Regulation) Act 1998 (Cth).

Coinbase is not, and is not required to be, licensed (including through an Australian financial services

licence), authorised (including as an authorised deposit-taking institution), approved, registered or

regulated to carry on the Fiat Services. Consequently, you acknowledge and agree that you will not be

protected by these Acts when you use the Fiat Services.

2.2 Digital Asset Services.

The following services (the "Digital Asset Services") may be provided to you by Coinbase Australia:

(A) one or more hosted Digital Asset Wallets enabling you to store, track, transfer, and manage

Supported Digital Assets (the “Digital Asset Wallets”); and

(B) a Digital Asset exchange service enabling you to obtain prices for your purchases and sales

of Supported Digital Assets, and (subject to certain restrictions) carry out any such purchases

or sales on the Site (the “Digital Assets Exchange Service”).

2.3 Additional Coinbase Services.

In addition to the core services (i.e. the Fiat Services and the Digital Asset Services), additional

services ("Additional Services") may be made available by Coinbase Australia (or another member

of the Coinbase Group, as defined at Section 2.5 below) to users that fulfil certain eligibility criteria,

including, without limitation, the Additional Services described in Appendix 3. You may also elect to

hold Supported Digital Assets in “Coinbase Vault” as further described in Section 5.18. Unless

otherwise noted, all references to Digital Asset Wallet include Coinbase Vault. You may also elect to

use Coinbase Wallet (an unhosted wallet service), for which different Terms of Service apply.

2.4 Fees. You agree to be responsible for the payment of, and pay, all fees. A list of fees for Coinbase

Services, as amended from time to time, can be found on the Site at the ‘Pricing and Fees

Disclosures’ and ‘Trading Fees’ pages, which shall form part of this Agreement.

2.5 Coinbase Group. Coinbase Australia and all affiliated and other group companies of those

companies (including Coinbase, Inc.) shall together in this Agreement be termed the “Coinbase

Group”.

2.6 Payment Services Partners. Coinbase may use a third party payment processor or collection agent

to process any AUD payment between you and Coinbase, including but not limited to payments in

relation to your use of the Digital Currency Transactions or deposits or withdrawals from your Fiat

Wallet or Coinbase Account.

3. ACCOUNT SETUP.

3.1 Registration of Coinbase Account. To use the Coinbase Services, you will need to register for a

Coinbase account (a "Coinbase Account") by providing your details, including your name, email

address and a password, completing certain verification procedures, and accepting the terms of this

Agreement. By using a Coinbase Account, you agree and represent that you will use the Coinbase

Services only for yourself, and not on behalf of any third party, unless you have obtained prior

approval from Coinbase in accordance with Section 3.2 and 4.10 of this Agreement. Each customer

may register only one Coinbase Account. You are fully responsible for all activity that occurs under

your Coinbase Account. We may, in our sole discretion, refuse to open a Coinbase Account for you, or

suspend or terminate any Coinbase Accounts (including but not limited to duplicate accounts) or

suspend or terminate the trading of specific Digital Assets in your Coinbase Account or the sending of

Digital Assets from your Coinbase Account. Please see Section 7 below for more information.

3.2 Third party Access. If, to the extent permitted by Section 4.10, you grant express permission to a

Regulated Third Party to access or connect to your Coinbase Account(s), either through the

Regulated Third Party's product or service or through the Site, you acknowledge that granting

permission to a Regulated Third Party to take specific actions on your behalf does not relieve you of

any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of

any Regulated Third Party with access to your Coinbase Account(s) and any action of such Regulated

Third Party shall be considered to be an action authorised by you. Further, you acknowledge and

agree that you will not hold Coinbase responsible for, and will indemnify Coinbase from, any liability

arising out of or related to any act or omission of any Regulated Third Party with access to your

Coinbase Account(s).

You may change or remove permissions granted by you to a Regulated Third Party with

respect to your Coinbase Account(s) at any time through the tabs on the ‘Settings’ page on the

Site.

3.3 Consent to Access; Processing and Storage of your Personal Data & Identity Verification. You

agree to provide us with the information we request (which we may request during registration for your

Coinbase Account or at any time deemed necessary) for the purposes of identity verification,

providing the Coinbase Services to you (including the establishment of applicable limits), and the

detection of money laundering, terrorist financing, fraud, or any other financial crime, including as set

out in Appendix 1 (Verification Procedures and Limits) and permit us to keep a record of such

information.

The information we request may include (but is not limited to) personal information such as your

name, residential address, telephone number, email address, date of birth, tax file number, information

regarding your bank account (such as the name of the bank, the account type, BSB number, and

account number) network status, customer type, customer role, billing type, mobile device identifiers

(e.g. international mobile subscriber identity and international mobile equipment identity) and other

subscriber status details, and any such information that Coinbase is required to collect from time to

time under applicable law.

You may also be required to undergo “Enhanced Due Diligence”, where Coinbase may request that

you submit additional information about yourself or your business, provide relevant records, and

arrange for meetings with Coinbase staff so that Coinbase may, among other things, establish the

source of your wealth and source of funds for any transactions carried out in the course of your use of

Coinbase Services.

In providing us with this or any other information that may be required, you confirm that the

information is true, accurate and complete, and you have not withheld any information that may

influence Coinbase’s evaluation of you for the purposes of your registration for a Coinbase Account or

the provision of Coinbase Services to you. You undertake to promptly notify in writing and provide

Coinbase with information regarding any changes in circumstances that may cause any such

information provided to become false, inaccurate or incomplete and also undertake to provide any

other additional documents, records and information as may be required by Coinbase and/or

applicable law. You permit us to keep records of such information. We will treat this information in

accordance with Section 11 (Data Protection).

You authorise us to make enquiries, whether directly or through third parties, that we consider

necessary to verify your identity or protect you and/or us against fraud or other financial

crime, and to take action we reasonably deem necessary based on the results of such

enquiries. When we carry out these enquiries, you acknowledge and agree that your personal

information may be disclosed to fraud prevention or financial crime agencies and that these

agencies may respond to our enquiries in full. Additionally, we may require you to wait some

amount of time after completion of a transaction before permitting you to use further Coinbase

Services and/or before permitting you to engage in transactions beyond certain volume limits.

We reserve the right at all times to monitor, review, retain and/or disclose any information as

necessary to satisfy any applicable law, regulation, sanctions programs, legal process or

governmental request. Further, you authorise your wireless carrier or telecommunications

provider to use or disclose information about your account and your wireless or mobile

device, if available, to Coinbase or its service provider for as long as you have a Coinbase

Account, solely to help them identify you or your wireless or mobile device and to prevent

fraud.

4. FIAT SERVICES

4.1 Loading. You may be allowed to load funds into your Fiat Wallet using bank transfer (or other

payment methods available on the Site for your location), and your Fiat Wallet will show loaded funds

once we have received them. Loading of funds may be done manually, or as part of a recurring

transaction that you set up on your Coinbase Account (see Section 5.13 of this Agreement for more

details). You may only load your own funds, from your own account, and not from any joint, pooled or

third party account. You will not earn interest on any fiat held in your Fiat Wallet. If available for your

location, your Fiat Wallet may hold fiat denominated in different currencies and we will show the fiat

balance for each currency that you hold.

4.2 Purchase or Sale of Digital Assets. You may purchase supported Digital Assets by using fiat

credited to your Fiat Wallet. To carry out a Digital Assets Transaction using fiat, you must follow the

relevant instructions on the Site. A Digital Assets Transaction using fiat should normally be settled no

later than one business day after we receive your instructions. You authorise us (or, where applicable,

a third party financial institution with which we have partnered to process payments you have

authorised) to debit fiat from your Fiat Wallet. Although we will attempt to deliver Digital Assets to you

as promptly as possible, fiat may be debited from your Fiat Wallet before Digital Assets are delivered

to your Digital Asset Wallet.

You may sell Digital Assets in exchange for Fiat. You authorise us (or, where applicable, a third party

financial institution with which we have partnered to process payments you have authorised) to debit

your Digital Asset Wallet and credit your Fiat Wallet with the relevant amount of Fiat.

Please note that you can only use your Fiat Wallet to buy and/or sell Digital Assets on the

Coinbase Platform or to pay fees in accordance with this Agreement. Under no circumstances

may you use your Fiat Wallet to transfer fiat to other users or third parties outside of the

Coinbase Platform, or for the purposes of purchase and sale of goods and services not offered

by Coinbase.

4.3 Receipt of Instructions. If we receive instructions from you to purchase Digital Assets using Fiat on a

non-business day or after 4:30 pm (Australia Eastern Standard Time) on a business day, we may treat

those instructions as if they were received by us on the following business day. In this Agreement,

“Business Day” shall mean any day on which banks in Sydney, NSW, are open for business, other

than a Saturday, Sunday or national public holidays. The end of a Business Day shall be the end of

the Business Day in Sydney, NSW.

4.4 Revocation. When you give us instructions to carry out a Digital Assets Transaction using Fiat, you

cannot withdraw your consent to that Digital Assets Transaction unless the Digital Assets Transaction

is not due to occur until an agreed date in the future e.g. if you have set up Future Transactions (see

Section 5.13 below for more details). In the case of a Future Transaction, you may withdraw your

consent up until the end of the Business Day before the date that the Future Transaction is due to

take place. To withdraw your consent to a Future Transaction, follow the instructions on the Site.

4.5 Unsuccessful Payments. If a payment to load funds into your Fiat Wallet is not successful, you

authorise Coinbase, in its sole discretion, either to cancel any related Digital Asset Transactions

(defined below at Section 5.2) or to debit your other payment methods, including Coinbase balances

or other linked accounts, in any amount necessary to complete the Digital Asset Transactions in

question. You are responsible for maintaining an adequate balance and/or sufficient credit limits in

order to avoid overdraft, or similar fees charged by your payment provider.

4.6 Account Information. You will be able to see your Fiat Wallet balance and your transaction history

using the Site, including (i) the amount (and currency) of each Digital Assets Transaction, (ii) a

reference to identify the payer and / or payee (as appropriate), (iii) any fees charged (including a

breakdown of the fees), (iv) where there has been a currency exchange, the rate of exchange, and the

amount (in the new currency) after exchange (where you are the payer) or the amount (in the original

currency) before the exchange (where you are the payee), and (v) the debit or credit date of each

Digital Asset Transaction (as appropriate).

4.7 Redeeming Fiat. You may redeem all or part of any Fiat held in your Fiat Wallet at any time by

selecting the relevant option in the Site and following the instructions. Unless agreed otherwise, funds

will be transferred to the bank account you have registered with us. If this Agreement is terminated,

we will redeem any fiat remaining in your Fiat Wallet and attempt to transfer funds to the bank account

you have registered with us. Prior to redeeming fiat from your Fiat Wallet, we may conduct checks for

the purposes of preventing fraud, money laundering, terrorist financing and other financial crimes, and

as required by applicable law. This may mean you are prevented or delayed from withdrawing fiat until

those checks are completed to our reasonable satisfaction in order to comply with our regulatory

requirements.

4.8 Unauthorised and Incorrect Transactions. Where a purchase of Digital Assets and / or redemption

of fiat is initiated from your Fiat Wallet using your credentials, we will assume that you authorised such

transaction, unless you notify us otherwise.

If you believe that a transaction using your Fiat Wallet has been carried out that you did not authorise

(an “Unauthorised Transaction”), or if you have reason to believe that a transaction using your Fiat

Wallet has been incorrectly carried out or is not complete (an “Incorrect Transaction”), you must

It is important that you regularly check your Fiat Wallet balance and your transaction history to ensure

any Unauthorised Transactions or Incorrect Transactions are identified and notified to us at the

earliest possible opportunity.

During any investigation of any actual or potential Unauthorised Transactions or Incorrect

Transactions, we reserve the right to suspend your Coinbase Account to avoid further losses.

4.9 Refund Rights.

(A) Unauthorised Transactions - Fiat Wallet.

If an Unauthorised Transaction occurs in your Fiat Wallet as a result of our failure, we will refund you

the amount of that transaction by no later than the end of the next Business Day after becoming

aware of the Unauthorised Transaction and restore your Fiat Wallet to the state it would have been in

had the Unauthorised Transaction not taken place. Generally, you will not be liable for losses incurred

after you have notified us of the Unauthorised Transaction or if we have failed at any time to provide

you with the means for notifying us.

Where there is a dispute between us and you regarding whether or not a transaction is an

Unauthorised Transaction, we may (but are not obliged to) temporarily credit your Fiat Wallet whilst

we settle the dispute. Where we determine that the transaction was authorised, we may reverse that

credit and correct errors made in any statement of Fiat Wallet without prior notice to you, although

please note that during this period your Fiat Wallet may be temporarily locked to avoid further

Unauthorised Transactions. You will also be liable to us (as a debt) for any Fiat you have transferred

which was temporarily credited to your Fiat Wallet.

(B) Incorrect Transactions - Fiat Wallet.

Where an Incorrect Transaction is made in your Fiat Wallet as a result of our action or error we shall

refund to you the amount of that transaction without undue delay and restore your Fiat Wallet to the

state in which it would have been had the Incorrect Transaction not taken place. We will also

endeavour to provide you with reasonable notice where possible. We will also pay any charges for

which we are responsible, and for any interest which you can show that you have had to pay as a

consequence of any Incorrect Transaction. Irrespective of our liability, on your request, we shall try to

trace any Incorrect Transaction initiated by you free of charge. However, we cannot guarantee that we

will be able to trace such transactions.

4.10 Appointment of Regulated Third Parties. You may, as set out in Section 3.2, appoint appropriately

regulated third parties to access your Fiat Wallet (“Regulated Third Parties”). If you do so, you

should be aware that by virtue of such access, that Regulated Third Party may access your

transactional and other data, and / or may initiate transfers from your Fiat Wallet. You will be liable for

any actions that any Regulated Third Parties take on your Coinbase Account, as further set out in

Section 3.2 above. We reserve the right to refuse access to any Regulated Third Parties, as set out

in Section 4.11 below.

4.11 Refusing to deal with Regulated Third Parties. We may refuse access to Regulated Third Parties

for objectively justified and duly evidenced reasons relating to unauthorised or fraudulent access to

your Fiat Wallet, money laundering, terrorist financing, fraud, or any other financial crime, and as

required by applicable law. In such cases, unless we are prohibited by applicable law, we will inform

you that that Regulated Third Party's access has been denied and the reasons why. We will permit

access again once we are satisfied that the reasons for refusing access no longer exist.

4.12 Consent. By opening a Coinbase Account with us you provide your explicit consent to us providing

the Fiat Services to you. You can withdraw this consent at any time by closing your Coinbase Account.

For the avoidance of doubt, this consent does not relate to our processing of your personal

information or your rights under and in accordance with data protection law and regulations. Please

see Section 11 (Data Protection) below and our Privacy Policy for information about how we process

your personal data, and the rights you have in respect of this.

4.13 Safeguarding. Funds that are successfully loaded by users will be held by Coinbase Australia in

designated Client Money Accounts (“CMAs”) opened and maintained with authorised deposit-taking

institutions, banks or other duly licensed financial institutions (each, a “Safeguarding Institution”).

The funds will be held by Coinbase Australia on behalf of its users and are segregated and

maintained separately from Coinbase Australia’s own corporate funds. You can make a claim for your

funds held in the CMAs even if Coinbase Australia becomes insolvent. Any interest earned from the

funds maintained in the CMAs are payable to Coinbase Australia and will not accrue to you. Your

funds in the CMAs are commingled and pooled with funds received from other users and are exposed

to losses or shortfalls in the pooled funds. You acknowledge that you may not be able to recover the

full value of your funds in the event of a shortfall in the pooled funds or the insolvency of the

Safeguarding Institution.

You confirm and agree, including for the benefit of the Safeguarding Institutions that:

(A) the CMA arrangements do not result in you being a party to any agreement with the

Safeguarding Institutions, and you will have no right to enjoy or enforce any benefit under

such agreement;

(B) the Safeguarding Institutions owe no obligation to you and you have no right to claim against

the Safeguarding Institutions in relation to any services provided by the Safeguarding

Institutions to Coinbase Australia; and

to you are exclusively against or to Coinbase Australia only, and not against or to the

Safeguarding Institutions.

4.14 Disclaimer. The Fiat Wallet is not a deposit, transaction, cash management or investment account

which means that your funds will not be protected by the Financial Claims Scheme operated by the

APRA.

5. DIGITAL ASSET SERVICES.

5.1 In General. Your Digital Asset Wallet enables you to send Supported Digital Assets to, and request,

receive, and store Supported Digital Assets from, other users or third parties outside the Coinbase

Platform, by giving instructions through the Site. We recommend customers send a small amount of

Supported Digital Assets as a test when sending to users or third parties outside the Coinbase

Platform, before sending a significant amount of Supported Digital Assets outside the Coinbase

Platform. You may not be able to send Supported Digital Assets off the Coinbase Platform until the

funds for the purchase of the Supported Digital Asset have settled to Coinbase, which in the case of

fiat is usually one Business Day after we receive your instructions.

5.2 The Digital Assets Exchange Service enables you to buy Digital Assets on the Coinbase Platform

using:

(A) Fiat from your Fiat Wallet;

(B) Central bank issued currency (such as AUD) supported by Coinbase; and/or

Conversely, when you sell Digital Assets on the Coinbase Platform, you may elect to receive:

(D) Fiat into your Fiat Wallet;

(E) Central bank issued currency (such as AUD) supported by Coinbase; and/or

(F) Other types of Digital Assets in your Digital Asset Wallet.

Coinbase facilitates and enables the purchase and sale of Supported Digital Assets between its

customers on the Coinbase Platform.

The transactions described in this Section 5.1, as well as transactions where you send or receive

Supported Digital Assets from a third party, are collectively referred to in this Agreement as “Digital

Asset Transactions”.

5.3 Fiat Currency Transactions (not using your Fiat Wallet). You may purchase Supported Digital

Assets by linking a valid payment method to your Digital Asset Wallet. You authorise us to debit funds

using your selected payment method(s) to complete your purchase.

Although we will attempt to deliver Supported Digital Assets to you as promptly as possible, funds

may be debited from your selected payment method before the status of your Digital Asset

Transaction is shown as complete, and the Supported Digital Assets is delivered to your Digital Asset

Wallet. You may sell Digital Assets in exchange for fiat currency (such as AUD) supported by

Coinbase. In such circumstances, you authorise us to debit your Digital Asset Wallet and to send

instructions to credit your selected payment method(s) in settlement of sell transactions. We will send

these instructions as soon as reasonably possible. Any fiat currency should be credited to your

selected payment method(s) by the end of the Business Day after we send such instructions (however

this will also be subject to the settlement timeframes of your financial institution or payment provider).

5.4 Transaction Fulfilment. We will make reasonable efforts to fulfil all purchases of Supported Digital

Assets, 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 the purchase at the current Exchange Rate (as defined below).

5.5 Availability of Payment Methods. The availability of a method of payment depends on a number of

factors including, for example, where you are located, the identification information you have provided

to us, and limitations imposed by third party payment processors.

5.6 Conversion Fees. Each purchase or sale of Supported Digital Assets is subject to a fee and, if

applicable based on the service, a spread (a "Conversion Fee"). The applicable Conversion Fee will

be displayed to you on the Site prior to each transaction and is stated in each receipt we issue to you.

We may adjust our Conversion Fees at any time. We will not process a transaction if the Conversion

Fee and any other associated fees would, together, exceed the value of your transaction. A full list of

Coinbase Australia's fees and the way fees are calculated can be found on our ‘Pricing and Fees

Disclosures’ and ‘Trading Fees’ pages on the Site.

5.7 Exchange Rates. Each purchase or sale of Supported Digital Assets is also subject to the Exchange

Rate for the given transaction. The "Exchange Rate" means the price of a given Supported Digital

Assets in fiat currency as quoted on the Site. The Exchange Rate is stated either as a "Buy Price" or

as a "Sell Price", which is the price at which you may buy or sell Supported Digital Assets,

respectively.

You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange

Rate at any given time, and that we may add a margin or ‘spread’ to the quoted Exchange Rate. You

agree to accept the Exchange Rate when you authorise a transaction. You can learn more about

Coinbase Australia's Exchange Rates on our ‘Pricing and Fees Disclosures’ and ‘Trading Fees’ pages

on the Site. We do not guarantee the availability of any Exchange Rate. We do not guarantee that you

will be able to buy and / or sell your Digital Assets on the open market at any particular price or time.

5.8 Authorisations; Reversals; Cancellations. By clicking the ‘Buy’ or ‘Sell’ button on the Site, you are

authorising Coinbase to initiate the transaction at the quoted Buy Price or Sell Price and agree to any

associated Conversion Fees and Exchange Fees and any other fees.

You cannot cancel, reverse, or change any transaction marked as complete or pending. If your

payment is not successful or if your payment method has insufficient funds, you authorise us, in our

sole discretion, either to cancel the transaction or to debit your other payment methods, including

balances on your Fiat Wallet and/or Digital Asset Wallets, in any amount necessary to complete the

transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in

order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider.

Coinbase reserves the right to suspend access to any and all Coinbase Services until such insufficient

payment is addressed.

5.9 Digital Asset Transactions. We will process Digital Asset Transactions in accordance with the

instructions we receive from you. You should verify all transaction information prior to submitting

instructions to us. We do not guarantee the identity of any user, receiver, requestee or other third party

and we will have no liability or responsibility for ensuring that the information you provide is accurate

and complete. You shall provide us with any information that we may require from time to time in

relation to any Digital Assets Transaction.

Digital Asset Transactions cannot be reversed once they have been broadcast to the relevant Digital

Assets network. If you initiate a Digital Assets Transaction by entering the recipient's email address or

mobile phone number and the recipient does not have an existing Coinbase Account, we will invite the

recipient to open a Coinbase Account. If the recipient does not open a Coinbase Account within 30

days, we will return the relevant Digital Assets to your Digital Asset Wallet.

We may charge network fees (“miner fees”) to process a Digital Assets Transaction on your behalf.

We will calculate the miner fees at our discretion, although we will always notify you of the miner fees

at (or before) the time you authorise the Digital Assets Transaction. A full list of Coinbase Australia's

miner fees can be found on our ‘Pricing and Fees Disclosures’ and ‘Trading Fees’ pages on the Site.

Miner fees for each individual transaction will be disclosed to you at the time of purchase on the

checkout page. When you or a third party sends Digital Assets to a Coinbase Digital Asset Wallet from

an external wallet not hosted by Coinbase (an “Inbound Transfer“), the person initiating the

transaction is solely responsible for executing the transaction properly, which may include, among

other things, payment of miner fees in order for the transaction to be completed successfully and

ensuring that the Digital Asset being sent is a Supported Digital Asset that conforms to the particular

wallet address to which the Digital Asset is directed, including any additional address feature(s) for

identifying a transaction recipient beyond a wallet address to the extent required by Coinbase or the

Supported Digital Assets protocol to credit the Inbound Transfer to your Coinbase Account (e.g., a

“Destination Tag/Memo”). Non-payment of miner fees may cause your transaction to remain in a

pending state outside of Coinbase Australia’s control and we are not responsible for delays or loss

incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the

remediation of such transactions.

Once submitted to a Digital Asset network, a Digital Asset Transaction will be unconfirmed for a period

of time pending sufficient confirmation of the transaction by the Digital Asset network. A Digital Asset

Transaction is not complete while it is in a pending state. Digital Assets associated with Digital Asset

Transactions that are in a pending state will be designated accordingly and will not be included in your

Digital Asset Wallet balance or be available to conduct Digital Asset Transactions until confirmed by

the network.

We may also refuse to process or cancel any pending Digital Asset Transaction as required by

law, regulation or any court or other authority to which Coinbase is subject in any jurisdiction,

for instance, if there is suspicion of money laundering, terrorist financing, fraud, or any other

financial crime.

5.10 Supported Digital Assets. Our Digital Asset Services are available only in connection with

Supported Digital Assets.

Under no circumstances should you attempt to use your Digital Asset Wallet to store, send,

request, or receive Digital Assets in any form that we do not support. We assume no

responsibility or liability in connection with any attempt to use your Digital Asset Wallet for

Digital Assets that we do not support or with regard to a Supported Digital Asset sent to an

incompatible Digital Asset wallet address. All such erroneously transmitted Digital Assets will

be lost. You acknowledge and agree that Coinbase bears no responsibility and is not liable for

any unsupported asset that is sent to a wallet associated with your Coinbase Account.

By initiating an Inbound Transfer, you attest that you are transacting in a Supported Digital Asset that

conforms to the particular wallet address to which funds are directed. For example:

● If you select an Ethereum wallet address to receive Digital Assets, you attest that you are

initiating an Inbound Transfer of Ethereum alone, and not any other Digital Asset such as

Bitcoin or Ethereum Classic.

● If you select a Bitcoin wallet address to receive Digital Assets, you attest that you are

initiating an Inbound Transfer of Bitcoin alone, and not any other Digital Asset such as

Bitcoin Cash or Ethereum.

If you have any questions about which Digital Assets we currently support, please visit

https://help.coinbase.com.

5.11 Ending support of Digital Assets. Coinbase may in its sole discretion terminate support for any

Digital Asset. Coinbase will to the extent required by applicable law provide you with the minimum

period of advanced notice required by applicable law or a regulatory authority via email to the email

address associated with your Coinbase Account to announce the end of such support. If you do not

sell or send such Digital Assets off the Coinbase Platform during this time, Coinbase reserves the

right to withdraw such Digital Assets from your account and credit your Coinbase Account with the

market value of a Supported Digital Assets or a fiat currency (which denomination will be selected in

our reasonable discretion).

5.12 USDC Wallets. Where available, you may elect to buy USD Coin (“USDC”) from Coinbase, a Digital

Asset issued by Circle Internet Financial Limited (“Circle”) and supported by Coinbase. You are the

owner of the balance of your “USDC Wallet” (i.e. the Digital Asset Wallet provided to you by Coinbase

Australia to hold USDC and through which Digital Asset Transactions in USDC can be carried out).

Coinbase is not the issuer of USDC, does not hold reserves for USDC, and has no obligation to

repurchase your USDC. You can redeem your USDC with Circle, and Coinbase may also elect to

repurchase your USDC. You agree to be bound by the terms of the Circle USDC User Agreement

(located at

https://support.usdc.circle.com/hc/en-us/articles/360001233386-Circle-USDC-User-Agreement), which

provides additional obligations, undertakings, and limitations with respect to USDC.

5.13 Recurring Digital Asset Transactions. If you initiate recurring Digital Asset Transactions (a

“Recurring Transaction”), you authorise us to initiate recurring electronic payments in accordance

with your selected Digital Asset Transaction and any corresponding payment accounts, such as direct

debits from, or credits to, your linked bank account. This authorisation will remain in full force and

effect until you change your Recurring Transaction settings at

https://www.coinbase.com/recurring_payments, or until you provide us written notification at

https://help.coinbase.com/en/contact-us. Your Recurring Transactions will occur in periodic

instalments, based on your period selection (e.g., daily, weekly, monthly), until either you or Coinbase

cancels the Recurring Transaction. Recurring transactions scheduled for the 29th, 30th, or 31st day

of a month will be processed the earlier of the date scheduled or on the last day of the applicable

month. For example, recurring transactions scheduled for the 31st will be processed on the 30th in

April, June, September, and November. Your recurring transaction will be executed within the 24-hour

day on the transaction date. Transaction times may vary.

If you select a bank account as your payment method for a Recurring Transaction, and such

transaction falls on a weekend or public holiday in the location in which the relevant bank is located,

or after the relevant bank’s business hours, the credit or debit will be executed on the next business

day, although the Digital Asset fees at the time of the regularly-scheduled transaction will apply. If your

bank is unable to process any payment to Coinbase, we will notify you of cancellation of the

transaction and may avail ourselves of remedies set forth in this Agreement to recover any amount

owed to Coinbase. You agree to notify Coinbase in writing of any changes in your linked bank account

information prior to a Recurring Transaction. Coinbase may, at any time, suspend or delay recurring

transactions without notice or terminate recurring transactions by providing notice to you.

Coinbase may, at any time, terminate Future Transactions by providing notice to you.

5.14 Supplemental Protocols Excluded. Unless specifically announced on the Site, Supported Digital

Assets excludes all other protocols and/or functionality which supplement or interact with the

Supported Digital Asset. This exclusion includes but is not limited to: metacoins, colored coins, side

chains, or other derivative, enhanced, or forked protocols, tokens, or coins or other functionality, such

as staking, protocol governance, and/or any smart contract functionality, which may supplement or

interact with a Supported Digital Asset (collectively, “Supplemental Protocols”). Do not use your

Coinbase Account to attempt to receive, request, send, store, or engage in any other type of

transaction or functionality involving any such Supplemental Protocols, as the Coinbase Platform is

not configured to detect, secure, or process these transactions and functionalities. Any attempted

transactions in such items will result in loss of the item.

You acknowledge and agree that Supplemental Protocols are excluded from Supported Digital

Assets and that Coinbase has no liability for any losses related to Supplemental Protocols.

5.15 Operation of Digital Asset Protocols. Coinbase does not own or control the underlying software

protocols which govern the operation of Digital Assets. Generally, the underlying protocols are ‘open

source’ and anyone can use, copy, modify, and distribute them.

We assume no responsibility for the operation of the underlying protocols and we do not

guarantee the functionality or security of network operations. You acknowledge and accept the

risk that underlying software protocols relating to any Digital Asset you store in your Digital

Asset Wallet may change.

In particular, the underlying protocols are likely to be subject to sudden changes in operating rules

(including “forks”). Any such operating changes may materially affect the availability, value,

functionality, and/or the name of the Digital Asset you store in your Digital Asset Wallet. Coinbase

does not control the timing and features of these operating changes. It is your responsibility to make

yourself aware of upcoming operating changes and you must carefully consider publicly available

information and information that may be provided by Coinbase in determining whether to continue to

transact in the affected Digital Asset using your Coinbase Account. In the event of any such operating

change, Coinbase reserves the right to take such steps as may be necessary to protect the security

and safety of assets held on the Coinbase Platform, including, without limitation, temporarily

suspending operations for the involved Digital Asset(s), and other necessary steps; Coinbase will use

its best efforts to provide you notice of its response to any material operating change; however, such

changes are outside of Coinbase’s control and may occur without notice to Coinbase. Coinbase’s

response to any material operating change is subject to its sole discretion and includes deciding not to

support any new Digital Asset, fork, or other actions.

You acknowledge and accept the risks of operating changes to Digital Asset protocols and

agree that Coinbase is not responsible for such operating changes and not liable for any loss

of value you may experience as a result of such changes in operating rules. You acknowledge

and accept that Coinbase has sole discretion to determine its response to any operating

change and that we have no responsibility to assist you with unsupported Digital Assets or

protocols. You further acknowledge and accept that Coinbase has no responsibility to support

new Digital Asset forks or operating changes for Digital Assets.

5.16 Digital Assets Storage & Transmission Delays. The Coinbase Group securely stores Digital Asset

private keys, in a combination of online and offline storage. Our security protocols may delay the

initiation or crediting of a Digital Assets Transaction.

5.17 Third party Payments. We have no control over, or liability for, the delivery, quality, safety, legality or

any other aspect of any goods or services that you may purchase or receive from, or sell or transfer

to, any third party (including other users of the Digital Asset Services). We are not responsible for

ensuring that a third party you transact with will complete the transaction or is authorised to do so. If

you experience a problem with any goods or services purchased from, or sold to, any third party using

Digital Assets transferred using the Digital Asset Services, or if you have a dispute with such third

party, you should resolve the dispute directly with that third party.

If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you

cannot adequately resolve a dispute with a third party, you may notify Coinbase Support at:

[email protected] so that we may consider what action to take, if any.

5.18 Coinbase Vaults. Coinbase does not support the use of multisig vaults. You may elect to use other

services, such as the Coinbase Vault, which allow you to set withdrawal time-delays and create other

conditions around the custody and transfer of your Supported Digital Assets. Additional rules

associated with such product(s) and service(s) may apply. For more information on Coinbase Vaults,

please visit: https://help.coinbase.com/customer/en/portal/articles/2877996-vaults-faq?b_id=13521.

5.19 Digital Assets Title. All Supported Digital Assets held in your Digital Asset Wallet are assets held by

the Coinbase Group for your benefit on a custodial basis. Among other things, this means:

(A) Title to Supported Digital Assets shall at all times remain with you and shall not transfer to any

company in the Coinbase Group. As the owner of Supported Digital Assets in your Digital

Asset Wallet, you shall bear all risk of loss of such Supported Digital Assets. No company

within the Coinbase Group shall have any liability for fluctuations in the fiat currency value of

Supported Digital Assets held in your Digital Asset Wallet.

(B) None of the Supported Digital Assets in your Digital Asset Wallet are the property of, or shall

or may be loaned to, Coinbase; Coinbase does not represent or treat assets in a user’s Digital

Asset Wallet(s) as belonging to Coinbase. Coinbase may not grant a security interest in the

Supported Digital Assets held in your Digital Asset Wallet. Except as required by a facially

valid court order, or except as provided herein, Coinbase will not sell, transfer, loan,

hypothecate, or otherwise alienate Digital Assets in your Digital Asset Wallet unless instructed

by you or compelled by a court of competent jurisdiction to do so.

to outages, downtime, and other applicable policies, you may withdraw your Supported Digital

Assets by sending them to a different blockchain address controlled by you or a third party.

(D) In order to more securely hold Supported Digital Assets, the Coinbase Group may use shared

blockchain addresses, controlled by a member of the Coinbase Group, to hold Supported

Digital Assets held on behalf of customers and/or held on behalf of Coinbase Australia.

Customers’ Supported Digital Assets are segregated from the Coinbase Group’s (including

Coinbase Australia’s) own Digital Assets or funds by way of separate ledger accounting

entries for customer and Coinbase Group accounts. Notwithstanding the foregoing, the

Coinbase Group shall not have any obligation to use different blockchain addresses to store

Supported Digital Assets owned by you and Supported Digital Assets owned by other

customers or by the Coinbase Group.

Coinbase is under no obligation to issue any replacement Digital Assets in the event that any Digital

Asset, password or private key is lost, stolen, malfunctioning, destroyed or otherwise inaccessible.

6. TRANSACTIONS LIMITS

The use of all Coinbase Services is subject to a limit on the volume, stated in AUD, USD or other fiat

currency or Digital Assets, you may transact or transfer in a given period (e.g. daily). Please see

Appendix 2 (Verification Procedures and Limits) for further details. To view your limits, login to your

Coinbase Account and visit https://www.coinbase.com/verifications. Your transaction limits may vary

depending on your payment method, verification steps you have completed, and other factors. We

reserve the right to change applicable limits as we deem necessary. If you wish to raise your limits

beyond the posted amounts, you may submit a request at https://help.coinbase.com.

7. SUSPENSION, TERMINATION, AND CANCELLATION.

7.1 Suspension, Termination and Cancellation. We may: (a) refuse to complete, or place on hold,

block, cancel, correct, clawback or reverse a transaction you have authorised (even after funds have

been debited from your Coinbase Account) with immediate effect in our sole discretion, even after

funds have been debited from your account(s), in response to a subpoena, court order, or other

government order; or if we suspect the transaction may: involve money laundering, terrorist financing,

fraud, or any other type of financial crime; be erroneous; or relate to a Prohibited Use or a Prohibited

Business as set forth in the Prohibited Use Policy. In such instances, Coinbase will reverse the

transaction and we are under no obligation to reinstate a purchase or sale order at the same price or

on the same terms as the cancelled transaction.

We may also refuse to complete or block, cancel or reverse a transaction you have authorised where

there is insufficient fiat in your Fiat Wallet and / or insufficient Digital Assets in your Digital Asset

Wallet to cover the transaction and (where applicable) associated fees at the time that we receive

notification of the transaction or if your credit or debit card or any other valid payment method linked to

your Coinbase Account or Digital Asset Wallet is declined.

Coinbase may suspend, restrict, or terminate your access to any or all of the Coinbase Services,

and/or deactivate or cancel your Coinbase Account(s), with immediate effect for any reason at its sole

discretion and is under no obligation to disclose the details of its decision to take such action with you.

You acknowledge that Coinbase's decision to take certain actions, including limiting access to,

suspending, or closing your account for any reason in our sole discretion, may be based on

confidential criteria that are essential to Coinbase's risk management and security protocols. You

agree that Coinbase is under no obligation to disclose the details of its risk management and security

procedures to you.

7.2 On termination of this Agreement for any reason, you will be permitted to transfer Supported Digital

Assets or funds associated with your hosted Digital Asset Wallet(s) and/or your Fiat Wallet for ninety

(90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i)

under applicable law, including but not limited to applicable sanctions programs; or (ii) by a facially

valid subpoena or court order.

You are not permitted to use the Coinbase Services or your Coinbase Account for any other purposes

during these periods and we may, at our discretion, limit the functionality of the Coinbase Platform or

access to the Site for you accordingly.

7.3 If we suspend or close your Coinbase Account or terminate your use of Coinbase Services for any

reason, we reserve the right to require you to re-complete the procedures outlined at Section 3.3

(Identity Verification) before permitting you to transfer or withdraw Supported Digital Assets or fiat. You

may cancel your Coinbase Account at any time by visiting: https://www.coinbase.com/settings/cancel.

You will not be charged for cancelling your Coinbase Account, although you will be required to pay

any outstanding amounts owed to us. You authorise us to cancel or suspend any pending transactions

at the time of cancellation.

7.4 Coinbase may discontinue or change any product, service, or feature, in its sole discretion, at any

time. You agree that we may transfer you to a product or service that is reasonably similar to the

discontinued or changed product or service, to the extent such product or service exists. We will

provide you with prior notice of material changes, discontinuation, or the transfer related to a product,

service, or feature, to the extent required or applicable.

8. LIABILITY

8.1 Release of Coinbase. If you have a dispute with one or more users of the Coinbase Services (other

than Coinbase), you agree that neither we nor our affiliates or service providers, nor any of our

respective officers, directors, agents, joint venturers, employees and representatives, will be liable for

any claims, demands or damages (actual and consequential, direct or indirect) of any kind or nature

arising out of or in any way connected with such disputes.

8.2 Indemnification. You agree to indemnify us, our affiliates and service providers, and each of our, or

their, respective officers, directors, agents, employees and representatives, in respect of any costs

(including legal fees and any fines, fees or penalties imposed by any regulatory authority) that have

been reasonably incurred in connection with any claims, demands or damages arising out of or

related to your breach and / or our enforcement of this Agreement (including without limitation your

breach of our Prohibited Use Policy or your violation of any law, rule or regulation, or the rights of any

third party.

8.3 Limitation of Liability. Coinbase’s total aggregate liability to you for any individual claim or series of

connected claims for losses, costs, liabilities or expenses which you may suffer arising out of, or in

connection with, any breach by Coinbase of this Agreement shall be limited to a maximum aggregate

value of the combined value of the Supported Digital Assets and fiat on deposit in your Fiat Wallet and

your Digital Asset Wallet at the time of the relevant breach by Coinbase giving rise to your claim.

Where we are considering a specific claim relating to a specific transaction this sum shall be further

limited to the purchase / sale amount (as relevant) of the transaction in dispute.

8.4 Limitation of loss. In addition to the liability cap at Section 8.3 (Limitations of Liability) above, in no

event shall we, our affiliates or service providers, or any of our or their respective officers, directors,

agents, employees or representatives, be liable for any of the following types of loss or damage

arising under or in connection with this Agreement or otherwise:

(A) any loss of profits or loss of expected revenue or gains, including any loss of anticipated

trading profits and / or any actual or hypothetical trading losses, whether direct or indirect,

even if we are advised of or knew or should have known of the possibility of the same; or any

damages arising out of or relating to Digital Assets that are not Supported Digital Assets. This

means, by way of example only (and without limiting the scope of the preceding sentence),

that if you claim that we failed to process a Digital Asset Transaction properly, your damages

are limited to no more than the lesser of the combined total value of the Supported Digital

Assets and fiat at issue in the transaction, or the combined total value of the Supported Digital

Assets and fiat on deposit in your Coinbase Account(s), and that you may not recover for any

"loss" of anticipated trading profits or for any actual trading losses made as a result of the

failure to buy or sell the Supported Digital Assets;

(B) any loss of, or damage to, reputation or goodwill; any loss of business or opportunity,

customers or contracts; any loss or waste of overheads, management or other staff time; or

any other loss of revenue or actual or anticipated savings, whether direct or indirect, even if

we are advised of or knew or should have known of the possibility of the same;

including but not limited to any losses or damages arising out of or relating to any inaccuracy,

defect or omission of Digital Asset price data; any error, delay or interruption in the

transmission of such data; viruses or other malicious software obtained by accessing our

websites, software, systems operated by us or on our behalf or any of the Coinbase Services

or any website or services linked to our websites; glitches, bugs, errors, or inaccuracies of any

kind in our websites, software, systems operated by us or on our behalf or any of the

Coinbase Services; suspension or other action taken with respect to your Coinbase Account;

and

(D) any loss or damage whatsoever which does not arise directly as a result of our breach of this

Agreement (whether or not you are able to prove such loss or damage).

8.5 Applicable law. The limitation of liability in this Section 8 (Liability) is subject to any obligations that

we have under applicable law and regulation, including our obligation to exercise reasonable care and

skill in our provision of the Coinbase Services, as well as any rights you may have under consumer

protection laws against providers of goods and services (including the Australian Consumer Law set

out in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“Consumer Law”). Nothing in

this Agreement shall limit our liability resulting from our fraud or fraudulent misrepresentation, gross

negligence, deliberate misconduct, for death or personal injury resulting from either our or our

subcontractors’ negligence.

8.6 No Warranties. The Coinbase Services, Coinbase Platform and Site are provided on an "as is" and

"as available" basis, with no further promises made by us around availability of the Coinbase

Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a

particular purpose and/or non-infringement. We do not make any promises that access to the Site,

any of the Coinbase Services, or any of the materials contained therein, will be continuous,

uninterrupted, timely, or error-free.

Any materials, information, view, opinion, projection or estimate presented via the Site is made

available by Coinbase for informational purposes only, and is subject to change without notice. You

must make your own assessment of the relevance, timeliness, accuracy, adequacy, commercial value,

completeness and reliability of the materials, information, view opinion, projection or estimate provided

on the Site and/or the Site. Accordingly, no warranty whatsoever is given by Coinbase and no liability

whatsoever is accepted by Coinbase for any loss arising whether directly or indirectly as a result of

you acting on any materials, information, view, opinion, projection or estimate provided in or made

available through the Site and/or the Site.

The Coinbase Services, Coinbase Platform and Site are not intended to provide specific investment,

tax or legal advice or to make any recommendations about the suitability of any investments or

products for any particular investor, nor do they constitute financial product advice or any offer,

solicitation, recommendation or invitation to buy, sell or deal in any way with any Digital Asset or any

financial product (as defined under the Corporations Act. You should seek your own independent

financial, legal, regulatory, tax or other advice before using our Services. In the event that you choose

not to seek advice from a relevant adviser, you should consider whether the Services are suitable for

you.

We will make reasonable efforts to ensure that Digital Asset Transactions, requests for debits and

credits involving Digital Asset Wallets, Fiat Wallets, bank accounts, debit (or, where available, credit)

cards are processed in a timely manner but Coinbase makes no representations or warranties

regarding the amount of time needed to complete processing which is dependent upon many factors

outside of our control. We will make reasonable efforts to ensure that requests for electronic debits

and credits involving bank accounts, debit (or, where available, credit) cards, and cheque issuances

are processed in a timely manner, but we make no representations or warranties regarding the

amount of time needed to complete processing which is dependent upon many factors outside of our

control.

Except for the express statements set forth in this Agreement, you hereby acknowledge and agree

that you have not relied upon any other statement or understanding, whether written or oral, with

respect to your use and access of the Coinbase Services and Site.

This Section 8.6 (No warranties) is subject to any obligations that are applicable to us under

Consumer Law.

8.7 No Liability for Breach. We are not liable for any breach of the Agreement, including delays, failure

in performance or interruption of service, where they arise directly or indirectly from abnormal and

unforeseeable circumstances beyond our control, the consequences of which would have been

unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the

application of mandatory legal rules.

8.8 Status of Digital Assets. In Australia, some Digital Assets may be considered securities or other

regulated financial products. We do not support any Digital Assets which we become aware are

regulated financial products in Australia and we will promptly cease supporting any Digital Assets

which may trigger licensing or disclosure obligations for us. By using the Coinbase Services, you

represent and warrant that any Digital Asset which you purchase, sell or otherwise deal with is not a

financial product for the purposes of the Corporations Act and you disclaim all rights or remedies in

relation to any licensing or disclosure obligations that may become applicable to us under the

Corporations Act.

9. SITE AVAILABILITY AND ACCURACY

9.1 Access & Availability. Access to Coinbase Services may become degraded or unavailable during

times of significant volatility or volume. This could result in limitations on access to your Coinbase

Account or the Coinbase Services, including the inability to initiate or complete transactions and may

also lead to support response time delays.

(A) Although we strive to provide you with excellent service, we do not guarantee that the Site or

other Coinbase Services will be available without interruption and we do not guarantee that

any order will be executed, accepted, recorded, or remain open or that your Coinbase

Account will be accessible.

(B) Please note that our customer support response times may be delayed, including during times

of significant volatility or volume, especially for non-trust and safety issues.

Subject to applicable Consumer Law, under no circumstances shall Coinbase be liable for any alleged

damages from or arising out of service interruptions, delays in processing transactions, inability to

execute transactions, or lack of timely response from Coinbase customer support. For example, if

you are locked out of your Coinbase Account, it is possible that the price of Digital Assets in your

account might go down before your access is restored. Coinbase shall not be liable for any alleged

losses that you suffer from a drop in Digital Asset prices.

9.2 Website Accuracy. Although we intend to provide accurate and timely information on the Site, the

Site (including, without limitation, the Content (as defined below)) may not always be entirely accurate,

complete or current and may also include technical inaccuracies or typographical errors.

In an effort to continue to provide you with as complete and accurate information as possible,

information may, to the extent permitted by applicable law, be changed or updated from time to time

without notice, including without limitation information regarding our policies, products and services.

Accordingly, you should verify all information before relying on it, and all decisions based on

information contained on the Site are your sole responsibility and we shall have no liability for such

decisions.

Links to third party materials (including without limitation any websites) may be provided as a

convenience but are not controlled by us. You acknowledge and agree that we are not responsible for

any aspect of the information, content, or services contained in any such third party materials

accessible or linked to from the Site.

10. CUSTOMER FEEDBACK, QUERIES, COMPLAINTS, AND DISPUTE RESOLUTION

10.1 Contact Coinbase. If you have any feedback, questions, or complaints, contact us via our ‘Customer

Support’ webpage at https://help.coinbase.com.

10.2 Complaints. If you have a complaint with Coinbase, you agree to first contact our support team to

attempt to resolve such complaint. If we cannot resolve the dispute through our support team, you

and we agree to use the complaints process set out in this Section 10.2. You agree to use this

process before commencing any action as set out in Section 10.4. If you do not follow the

procedures set out in this Section 10.2 before pursuing an action under Section 10.4, we shall have

the right to ask the relevant court/authority to dismiss your action/application unless and until you

complete the following steps.

In the event of a complaint which has not been resolved through your contact with Coinbase

Customer Support, please use our complaint form to set out the cause of your complaint, how you

would like us to resolve the complaint and any other information you believe to be relevant. The

complaint form can be found on the Coinbase support pages, help.coinbase.com or can be requested

from Coinbase Customer Support. We will acknowledge receipt of your complaint form after you

submit it. The complaints process set out in this Section 10.2 is completed when Coinbase responds

to your complaint or forty-five (45) Business Days after the date we receive your complaint, whichever

occurs first.

Any offer of resolution made to you will only become binding on us if accepted by you. An offer of

resolution will not constitute any admission by us of any wrongdoing or liability regarding the subject

matter of the complaint.

10.3 If we have not been able to resolve your complaint via the complaint process set out in Section 10.2

above, you may escalate your complaint via the dispute processes set out in Section 10.4 below as

applicable to you.

10.4 You agree that you shall not commence any of the dispute processes set out in this Section 10.4

below in relation to the whole or part of your complaint until the complaint process set out in Section

10.2 has been completed, although nothing in Section 10.2 or in this Section 10.4 shall be construed

as preventing either party from seeking conservatory or similar interim relief in any court of competent

jurisdiction:

Any complaints, claims, disagreements or disputes arising out of or in connection with this Agreement

or relating in any way to your access to or use of the Coinbase Services, the Coinbase Platform or

the Site, any Communications you receive, any products sold or distributed through the Coinbase

Services, the Coinbase Platform, the Site or this Agreement and prior versions of this Agreement,

including claims and disputes that arose between us before the effective date of these terms, that

cannot be resolved via the complaint process set out in Section 10.2 above, may be adjudicated by a

court of competent jurisdiction located in New South Wales, Australia. You agree to submit to the

non-exclusive jurisdiction of the courts of New South Wales.

11. DATA PROTECTION.

11.1 Personal Data. You acknowledge that we may process personal data (including personal information,

as defined in the Privacy Act 1988 (Cth) (“Privacy Act”)) in relation to you (if you are an individual),

and personal data that you have provided (or in the future provide) to us in relation to your employees

and other associated individuals (if you are not an individual), in connection with this Agreement, or

the Coinbase Services. We will process this personal data in accordance with the Privacy Policy,

which shall form part of this Agreement. Accordingly, you represent and warrant that:

(A) your disclosure to us of any personal data relating to individuals other than yourself was or will

be made in accordance with all applicable data protection and data privacy laws (including the

Privacy Act), and such data are accurate, up to date and relevant when disclosed;

(B) before providing any such personal data to us, you acknowledge that you have read and

understood our Privacy Policy, a copy of which is available here: Privacy Policy, and, in the

case of personal data relating to an individual other than yourself, have (or will at the time of

disclosure have) provided the individual with a copy of, or directed the individual towards a

webpage containing that Privacy Policy (as amended from time to time); and

promptly read that notice and provide updated copies of the Privacy Policy to, or re-direct

towards a webpage containing the updated Privacy Policy, any individual whose personal

data you have provided to us.

12. SECURITY

12.1 Password Security. In order to access Coinbase Services, you will be required to create or will be

given security details, including a username and password. You are responsible for keeping the

electronic device through which you access Coinbase Services safe and maintaining adequate

security and control of any and all security details that you use to access the Coinbase Services. This

includes taking all reasonable steps to avoid the loss, theft or misuse of such electronic device and

ensuring that such electronic device is both encrypted and password protected.

Any loss or compromise of your electronic device or your security details may result in unauthorised

access to your Coinbase Account by third-parties and the loss or theft of any fiat, Digital Assets and/or

funds held in your Coinbase Account and any associated accounts, including your linked bank

account(s) and any credit/debit card(s). You must keep your security details safe at all times. For

example, you should not write them down or otherwise make them visible to others.

You should never allow remote access or share your computer and/or computer screen with someone

else when you are logged on to your Coinbase Account. Coinbase will never under any circumstances

ask you for your passwords, or two-factor authentication codes or to screen share or otherwise seek

to access your computer or account. You should not provide your details to any third party for the

purposes of remotely accessing your account unless specifically authorised in accordance with

Sections 3.2 and 4.10. Always log into your Coinbase Account through the Site to review any

transactions or required actions if you have any uncertainty regarding the authenticity of any

communication or notice.

We assume no responsibility for any loss that you may sustain due to compromise of account login

credentials due to no fault of Coinbase. We further assume no responsibility for your failure to follow

the requirements set out in this Section 12.1, or follow or act on any notices or alerts that we may

send to you.

12.2 Authentication and Verification. In order to access Coinbase Services users are required to provide

an email address and create a password. Coinbase offers two-factor authentication via a user’s

mobile device (Short Message Service (“SMS”) or a supported Time-based One Time Password

application. A verified phone number is required to enable two-factor authentication via SMS. Users

are responsible for keeping electronic devices through which Coinbase Services are accessed safe

and maintaining adequate security and control of any and all security details that are used to access

the Coinbase Services. This includes taking all reasonable steps to avoid the loss, theft or misuse of

said electronic devices and ensuring that said electronic devices are password protected. Any loss or

compromise of personal electronic devices or security details may result in unauthorised access of a

user’s Coinbase Account by third parties and the loss or theft of any fiat, Digital Assets and/or funds

held in your Coinbase Account and the misuse of any associated accounts, including linked bank

account(s) and any credit/debit card(s).

12.3 Security Breach. If you suspect that your Coinbase Account or any of your security details have been

compromised or if you become aware of any fraud or attempted fraud or any other security incident

(including a cyber-security attack) affecting you and / or Coinbase (collectively, a “Security Breach”),

you must:

(A) notify Coinbase Support immediately by email free of charge at: [email protected], or by

calling us on: +1 (888) 908 7930 (international charges may apply);

(B) provide accurate and up to date information throughout the duration of the Security Breach;

and

Prompt reporting of a Security Breach does not guarantee that Coinbase will reimburse you for any

losses suffered or be liable to you for any losses suffered as a result of the Security Breach.

12.4 Safety and Security of Your Computer and Devices. Coinbase is not liable for any damage or

interruptions caused by any computer viruses or other malicious code that may affect your computer

or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a

reputable and readily available virus screening and prevention software. You should also be aware

that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in

reviewing messages purporting to originate from us.

13. GENERAL

13.1 Your Compliance with Applicable Law. You must comply with all applicable laws, regulations,

licensing requirements and third party rights (including, without limitation, data privacy laws, sanctions,

and anti-money laundering and countering the financing of terrorism laws) in your use of the Coinbase

Services, the Coinbase Platform and the Site.

13.2 Limited Licence. All content included in or made available through the Coinbase Services, the Site

or any related content materials and information such as text, graphics, logos, button icons, images,

audio clips, digital downloads, data compilations, and software (“Content”) is the property of the

Coinbase Group or its content providers and protected by United States and international copyright

and intellectual property law. We grant you a limited, non-exclusive, non-transferable licence, subject

to the terms of this Agreement, to access and use the Coinbase Services, the Site, and Content solely

for approved purposes as permitted by us from time to time. Any other use of the Coinbase Services,

the Site or Content is expressly prohibited and all other right, title, and interest in the Site or Content is

exclusively the property of Coinbase and its licensors. You agree not to copy, transmit, distribute, sell,

licence, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative

works from, or in any other way exploit any of the Content, in whole or in part.

"Coinbase.com", and the following non-exhaustive list, including COINBASE, COINBASE Logo, C

Logo, COINBASE EXCHANGE, COINBASE PRO, ROSETTA, COSTA, SKEW, TOSHI, COINBASE

ONE, and BISON TRAILS; and without limitation, any graphics, logos, button icons, and service

names included in or made available through any Content, and all logos related to the Coinbase

Services or displayed on the Site are trademarks or trade dress of Coinbase or its licensors in the

United States and other countries. You may not copy, imitate or use them without our prior written

consent for any purpose, including, without limitation, in connection with any product or service that is

not authorised by Coinbase; any manner that is likely to cause confusion among customers; or a way

that disparages or discredits Coinbase.

13.3 Export Controls & Sanctions. Your use of the Coinbase Services and the Site is subject to

applicable law including but not limited to export restrictions, end-user restrictions, antiterrorism laws,

and economic sanctions. By sending, receiving, buying, selling, trading or storing Digital Assets

through the Site or Coinbase Services, you agree that you will comply with all applicable law. You are

not permitted to acquire Digital Assets or use any of the Coinbase Services through the Site if doing

so would, directly or indirectly, violate applicable law, which include but are not limited to those

promulgated by the Australian Government Department of Foreign Affairs and Trade, the United

Nations Security Council, the U.S. Department of the Treasury’s Office of Foreign Assets Control

(“OFAC”, including but not limited to the Specially Designated Nationals (“SDN”) List and other

non-SDN restricted or blocked parties lists), the European Union, the United Kingdom, and/or any

other applicable national, regional, provincial, state, municipal or local laws and regulations (each as

amended from time to time).

You further hereby represent, warrant and undertake to Coinbase that you are purchasing Digital

Assets with funds which are from legitimate sources and which do not constitute the proceeds of

criminal conduct, or realisable property, or the proceeds of money laundering or terrorism financing or

property of terrorists for the purposes of the AML/CTF Act and which are not derived from or related to

any unlawful activities. You further undertake not to use the Digital Assets to finance, engage in, or

otherwise support any unlawful activities.

13.4 Relationship of the Parties. Nothing in this Agreement is intended to or shall operate to create a

partnership or joint venture between you or Coinbase, or authorise you to act as an agent of

Coinbase.

13.5 Privacy of Others. If you receive information about another user through the Coinbase Services, you

must keep the information confidential and only use it in connection with the Coinbase Services. You

may not disclose or distribute a user’s information to a third party or use the information except as

reasonably necessary to carry out a transaction and other functions reasonably incidental thereto

such as support, reconciliation and accounting unless you receive the user’s express consent to do

so. You may not send unsolicited communications to another user through the Coinbase Services.

13.6 Contact Information. You are responsible for keeping your contact details (including your email

address and telephone number) up to date in your Coinbase Account profile in order to receive any

notices or alerts that we may send to you (including notices or alerts of actual or suspected Security

Breaches). Please see Appendix 2 for more detail in relation to how we will communicate with you.

13.7 Taxes. The tax treatment of Digital Asset Transactions is uncertain, and it is your responsibility to

determine what taxes, if any, arise from transactions using Coinbase Services under this Agreement.

Users are solely responsible for reporting and paying any applicable taxes arising from transactions

using Coinbase Services, and acknowledge that Coinbase does not provide investment, legal, or tax

advice governing these transactions. You understand that Coinbase may report information with

respect to your transactions, payments, transfers, or distributions made by or to you with respect to

your activities using Coinbase Services to a tax or governmental authority to the extent such reporting

is required by applicable law. Coinbase also shall withhold taxes applicable to your transactions or to

payments or distributions made or deemed made to you to the extent such withholding is required by

applicable law. From time to time, Coinbase shall ask you for tax documentation or certification of your

taxpayer status as required by applicable law, and any failure by you to comply with this request in the

time frame identified may result in withholding and/or remission of taxes to a tax authority as required

by applicable law. You should conduct your own due diligence and consult your own tax advisors

before making any decisions with respect to Digital Asset Transactions.

13.8 Unclaimed Property. If we hold fiat or Supported Digital Assets on your behalf, and have no record of

your use of the Coinbase Services for several years and are unable to contact you, applicable law

may require us to deliver any such fiat or Supported Digital Assets to the authorities in certain

jurisdictions. We reserve the right to deduct a dormancy fee or other administrative charges from such

unclaimed funds, as permitted by applicable law.

13.9 Death of Account Holder. For security reasons, if we receive legal documentation confirming your

death or other information leading us to believe you have died, we will freeze your Coinbase Account

and during this time, no transactions may be completed until: (i) your designated executor / trustee

has opened a new Coinbase Account or informed Coinbase about another, existing, Coinbase

Account in their name, as further described below, and the entirety of your Coinbase Account has

been transferred to such new account, or (ii) we have received proof in a form satisfactory to us that

you have not died. If we have reason to believe you may have died but we do not have proof of your

death in a form satisfactory to us, you authorise us to make inquiries, whether directly or through third

parties, that we consider necessary to ascertain whether you have died. Upon receipt by us of proof

satisfactory to us that you have died, in order to gain access to the contents your Coinbase Account,

the executor / trustee you have designated in a valid will or similar testamentary document will be

required to open a new Coinbase Account or inform Coinbase of another, existing Coinbase Account

in their name to which the entirety of the funds in your Coinbase Account shall be transferred. If you

have not designated an executor / trustee, then we reserve the right to (i) treat as your executor /

trustee any person entitled to inherit your Coinbase Account, as determined by us upon receipt and

review of the documentation we, in our sole discretion, deem necessary or appropriate, including (but

not limited to) a will or similar document, or (ii) require an order designating an executor / trustee from

a court having competent jurisdiction over your estate. In the event we determine, in our sole

discretion, that there is uncertainty regarding the validity of the executor / trustee designation, we

reserve the right to require an order resolving such issue from a court of competent jurisdiction before

taking any action relating to your Coinbase Account.

13.10 Entire Agreement. This Agreement (including documents incorporated by reference herein) comprise

the entire understanding and agreement between you and Coinbase as to the subject matter hereof,

and it supersedes any and all prior discussions, agreements and understandings of any kind

(including without limitation any prior versions of this Agreement), and every nature between and

among you and Coinbase.

13.11 Interpretation. Section headings in this Agreement are for convenience only and shall not govern the

meaning or interpretation of any provision of this Agreement.

13.12 Transfer and Assignment. This Agreement is personal to you and you cannot transfer or assign your

rights, licenses, interests and/or obligations to anyone else. We reserve the right to assign our rights

without restriction (except to the extent of any notice requirement under applicable law), including

without limitation to any Coinbase affiliates or subsidiaries, or to any successor in interest of any

business associated with the Coinbase Services. In the event that Coinbase is acquired by or merged

with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the

information we have collected from you as part of such merger, acquisition, sale, or other change of

control. You reserve the right to terminate the agreement with immediate effect in the event we

transfer and/or assign the Agreement. Subject to the foregoing, this Agreement will bind and inure to

the benefit of the parties, their successors and permitted assigns.

13.13 Security Interests. You must not create security over your fiat or Digital Assets unless you have

obtained our prior approval in writing.

13.14 Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under any

applicable law, this will not affect the validity of any other provision. If any provision is found

unenforceable, the unenforceable provision will be severed, and the remaining provisions will be

enforced.

13.15 Enforcement of Our Rights. We may not always strictly enforce our rights under this Agreement. If

we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce

our rights strictly again at any time.

13.16 Language. This Agreement and any information or notifications that you or we are to provide should

be in English. Any translation of this Agreement or other documents is provided for your convenience

only and may not accurately represent the information in the original English. In the event of any

inconsistency, the English language version of this Agreement or other documents shall prevail.

13.17 Change of Control. In the event that Coinbase is acquired by or merged with a third party entity, we

reserve the right, in any of these circumstances, to transfer or assign the information we have

collected from you and our relationship with you (including this Agreement) as part of such merger,

acquisition, sale, or other change of control.

13.18 Survival. All provisions of this Agreement which by their nature extend beyond the expiration or

termination of this Agreement, including, without limitation, the Sections relating to suspension or

termination, Coinbase Account cancellation, debts owed to Coinbase, general use of the Coinbase

Platform or Site, disputes with Coinbase, and general provisions will continue to be binding and

operate after the termination or expiration of this Agreement.

13.19 Governing Law. This Agreement and the relationship between us shall be governed by the laws of

New South Wales, Australia.

APPENDICES

Appendix 1 : VERIFICATION PROCEDURES AND LIMITS

Coinbase uses multi-level systems and procedures to collect and verify information about you in order to

protect Coinbase and the community from fraudulent users, and to keep appropriate records of Coinbase's

customers. Your access to one or more Coinbase Services or the Coinbase Platform, and limits imposed on

your use of Coinbase Services (including but not limited to daily or weekly conversion limits, deposit,

withdrawal and trading limits for Coinbase Pro and/or Advanced Trading, instant buy limits, Digital Asset

Wallet transfer limits, and limits on transactions from a linked payment method), and any changes to such

limits from time to time, may be based on the identifying information and/or proof of identity you provide to

Coinbase.

Coinbase may require you to provide or verify additional information, or to wait some amount of time after

completion of a transaction, before permitting you to use any Coinbase Services and/or before permitting you

to engage in transactions beyond certain volume limits. You may determine the volume limits associated with

your level of identity verification by visiting your account's ‘Limits’ page on the Site.

You may submit a request at https://help.coinbase.com to request larger limits. Coinbase will require you to

submit to Enhanced Due Diligence. Additional fees and costs may apply, and Coinbase does not guarantee

that we will raise your limits.

Appendix 2 : COMMUNICATIONS

1. Electronic Delivery of Communications. You agree and consent to receive electronically all

communications, agreements, documents, notices and disclosures (collectively, "Communications")

that we provide in connection with your Coinbase Account and your use of Coinbase Services.

Communications include:

(A) terms of use and policies you agree to (e.g. the Agreement and Privacy Policy), including

updates to these agreements or policies;

(B) account details, history, transaction receipts, confirmations, and any other account or

transaction information;

you; and

(D) responses to claims or customer support inquiries filed in connection with your Coinbase

Account.

Unless otherwise specified in this Agreement, we will provide these Communications to you by

posting them on the Site, emailing them to you at the primary email address listed in your Coinbase

Account, communicating to you via instant chat, and/or through other electronic communication such

as text message or mobile push notification, and you agree that such Communications will constitute

sufficient notice of the subject matter therein.

2. How to Withdraw Your Consent. You may withdraw your consent to receive Communications

electronically by contacting us at: https://help.coinbase.com. If you fail to provide or if you withdraw

your consent to receive Communications in the specified manner, Coinbase reserves the right to

immediately close your Coinbase Account or charge you additional fees for paper copies of the

Communications.

3. Updating your Information. It is your responsibility to provide us with a true, accurate and complete

email address and your contact information, and to keep such information up to date. You understand

and agree that if Coinbase sends you an electronic Communication but you do not receive it because

your primary email address you have provided is incorrect, out-of-date, blocked by your service

provider, or you are otherwise unable to receive electronic Communications, Coinbase will be deemed

to have provided the Communication to you.

You may update your information by logging into your Coinbase Account and visiting settings or by

contacting our support team at: https://help.coinbase.com.

Appendix 3 : ADDITIONAL SERVICES

1. Staking Rewards Services

1.1. General. Some Supported Digital Assets that you hold with Coinbase Australia may, as part of the

underlying operation of the protocol of the Supported Digital Asset, “reward” participants with

additional Digital Assets when they contribute to the network. Please visit our staking information

page for further details on how staking rewards work. Staking rewards services are not available for

Supported Digital Assets held on Coinbase Pro. By using these staking rewards services you accept

the terms for such services as set out in this Section 1 to this Appendix 3.

1.2. Staking Rewards Service is Optional. Staking rewards services may be made available to you for

Supported Digital Assets where staking functionality is available and you are required to expressly

opt-in to them. Unless otherwise specified, if you opt-out of staking services, you can opt back in at

any time.

1.3. The Service; Rewards; Commission; Limitations. If you opt-in to stake Supported Digital Assets,

you may earn rewards granted by the relevant Supported Digital Asset network. Coinbase Australia’s

role in relation to staking rewards services is limited to providing you with access to such networks on

a direct pass-through basis and, in some circumstances, providing administration services related to

you accessing such networks. In all circumstances, you will be taken to be dealing with the relevant

Supported Digital Asset network directly on your own behalf and Coinbase Australia does not provide

any aggregation or managed services in relation to your access. Coinbase Australia does not provide

any services on behalf of any Supported Digital Asset network to you and has no control over the

operation of such networks or any rewards which may accrue to you. Coinbase Australia is not

responsible for any loss, damage or expense suffered or incurred arising from you staking Supported

Digital Assets or accessing Supported Digital Asset networks, excluding any fraud, gross negligence

or wilful misconduct on the part of Coinbase Australia. Coinbase Australia may display performance

data associated with rewards accruing to you, however Coinbase Australia is not responsible for any

such performance or rewards (including the accuracy of any data). Coinbase Australia may take a fee

or commission from you for providing the access service, which may be deducted from rewards that

accrue to you. In some circumstances, Coinbase Australia may need to limit or restrict your access to

the staking rewards services. You can opt-out of the staking services at any time.

1.4. No Guarantee of Rewards. Your rewards (if any) will be determined by the protocols of the

applicable Supported Digital Asset network, not Coinbase Australia. In some circumstances,

Supported Digital Asset networks may provide you with rewards by you holding Supported Digital

Assets, even if you do not stake them. You have no right to a reward until it is received by Coinbase

Australia. Rewards will be distributed to your account promptly after they are received by Coinbase

Australia. COINBASE AUSTRALIA DOES NOT GUARANTEE THAT YOU WILL RECEIVE STAKING

REWARDS, ANY SPECIFIC STAKING REWARD, OR ANY STAKING RETURN OVER TIME.

1.5. Tax. The tax treatment of certain Digital Asset Transactions is uncertain, and it is your responsibility to

determine what taxes, if any, arise from these transactions. Users are solely responsible for reporting

and paying any applicable taxes arising from staking and all related transactions, and acknowledge

that Coinbase Australia does not provide investment, legal, or tax advice to you in connection with

such elections to participate. You should conduct your own due diligence and consult your advisors

before making any decision including whether to participate in staking rewards and related

transactions.

2. Advanced Trading

2.1. General. Coinbase offers, and eligible users may access, an order book for various Supported Digital

Assets and fiat currency trading pairs (each an “Order Book”) on the Coinbase Site (“Advanced

Trading”). See your Coinbase Account to see what Order Books are available within Advanced

Trading. Coinbase does not offer Advanced Trading to customers in all jurisdictions. By accessing

Advanced Trading or the Coinbase API for Advanced Trading, you accept and agree to be bound by

the Trading Rules.

(A) Trading Fees. By placing an order on Advanced Trading, you agree to pay all applicable fees

and authorise Coinbase to automatically deduct fees directly from your account. Trading Fees

are set forth in the Trading Rules and are available at

https://www.coinbase.com/legal/trading_rules.

(B) Deposit and Withdrawal Fees. Coinbase may charge a fee on certain fiat currency deposit

or withdrawal methods (e.g. bank transfer). DEPOSITS AND WITHDRAWALS MAY BE

SUBJECT TO LIMITS.

to your trading account to any other entity or to any individual that is not your employee or

agent. You accept full responsibility for your employees' or agents' use of Advanced Trading,

whether such use is directly through Coinbase or by other means, such as those facilitated

through API keys, and/or applications which you may authorise. You understand and agree

that you are responsible for any and all orders, trades, and other instructions entered into

Advanced Trading including identifiers, permissions, passwords, and security codes

associated with your Coinbase Account.

(D) Suspension and Cancellation. In the event that your Coinbase Account is suspended or

terminated, we will immediately cancel all open orders associated with your Coinbase

Account, block all withdrawals and bar the placing of further orders until resolution or account

cancellation. In the event that your Coinbase Account is suspended or terminated, we will

immediately cancel all open orders associated with your Coinbase Account, block all

withdrawals and bar the placing of further orders until resolution or account cancellation.

3. Coinbase Pro

3.1. General. Eligible users may establish an account at: https://pro.coinbase.com (a “Coinbase Pro

Account”), an order book exchange platform for Supported Digital Assets. The provisions of this

Section 3 of this Appendix 3 (Coinbase Pro Services) apply to your use of such Coinbase Pro

Account in addition to the other applicable provisions of this Agreement, including without limitation

the releases, indemnities, disclaimers, limitations of liability, prohibited use, dispute resolution, and

cancellation policies set forth above. Coinbase does not offer Coinbase Pro to customers in all

jurisdictions.

(A) Order Books. Coinbase Pro offers an order book for various Supported Digital Assets and

central bank issued currency trading pairs (each an “Order Book”). Refer to your Coinbase

Pro Account to determine which Order Books are available to you.

(B) Coinbase Pro Account. Your Coinbase Pro Account consists of the following:

(1) a dedicated Digital Asset Wallet for each Supported Digital Asset offered on Coinbase

Pro;

(2) a dedicated Fiat Wallet enabling you to store fiat; and

(3) associated user tools, accessible at: https://pro.coinbase.com and through the Coinbase

API.

You understand and agree that you are responsible for any and all orders, trades, and other

instructions entered into Coinbase Pro including identifiers, permissions, passwords, and

security codes associated with your Coinbase Pro Account.

and/or fiat from your basic Coinbase Account, bank account or an external Digital Asset

address into your Coinbase Pro Account. The Supported Digital Asset and fiat deposited in

your Coinbase Pro Account can be used only to buy and sell Supported Digital Assets using

Coinbase Pro.

(D) Withdrawals. You may withdraw Supported Digital Assets from your Coinbase Pro Account

by transfer to your basic Coinbase Account or to an external Digital Asset address. You may

withdraw central bank issued currency from your Coinbase Pro Account to your Coinbase

Account or directly to your bank account.

ALL DEPOSITS AND WITHDRAWALS MAY BE SUBJECT TO LIMITS. ALL LIMITS WILL

BE DISPLAYED IN YOUR COINBASE PRO ACCOUNT.

(E) Deposit and Withdrawal Fees. Coinbase may also charge a fee on certain central bank

issued currency deposit or withdrawal methods (e.g. bank transfer). All such fees will be

clearly displayed in your Coinbase Pro Account.

3.2 Trading Rules and Trading Fees

(A) Trading Rules. By accessing Coinbase Pro through: https://pro.coinbase.com or the

Coinbase API, you accept and agree to be bound by the trading rules set out at

https://www.coinbase.com/legal/trading_rules (the “Trading Rules”).

(B) Trading Fees. By placing an order on Coinbase Pro, you agree to pay all applicable fees and

you authorise Coinbase to automatically deduct fees directly from your Coinbase Pro

Account. Trading fees are set forth in the Trading Rules and at: https://pro.coinbase.com/fees.

you will use Coinbase Pro only for yourself as the account owner, and not on behalf of any

third party, unless you have obtained prior approval from Coinbase. You may not sell, lease,

furnish or otherwise permit or provide access to your Coinbase Pro Account to any other

entity or to any individual that is not your employee or agent. You accept full responsibility for

your employees' or agents' use of Coinbase Pro, whether such use is directly through

Coinbase Pro website or by other means, such as those facilitated through API keys, and/or

applications which you may authorise. You understand and agree that you are responsible for

any and all orders, trades, and other instructions entered into Coinbase Pro including

identifiers, permissions, passwords, and security codes associated with your Coinbase Pro

Account.

(D) Suspension and Cancellation. We may suspend your Coinbase Pro Account or your access

to any one or more Order Books in accordance with the suspension and termination

provisions set out in this Agreement.

Suspension or termination of your Coinbase Pro Account shall not affect the payment of fees

or other amounts you owe to Coinbase. In the event that your Coinbase Account is

suspended or terminated, we will immediately cancel all open orders associated with your

Coinbase Pro Account, block all withdrawals and bar the placing of further orders until

resolution or we cancel your Coinbase Account.

(E) No Warranty. We do not represent that Coinbase Pro and/or its constituent Coinbase Pro

Accounts, APIs, and related services, will be available without interruption.

Although we will strive to provide you with continuous operations, we do not guarantee

continuous access or that there will be no delays, failures, errors, omissions or loss of

transmitted information, nor do we guarantee that any order will be executed, accepted,

recorded, or remain open. Coinbase reserves the right to cancel any open trades and/or

suspend Coinbase Pro activity in accordance with the Trading Rules.

(F) No Investment Advice or Brokerage. For the avoidance of doubt, Coinbase does not

provide investment, tax, or legal advice, nor does Coinbase broker trades on your

behalf. All trades are executed automatically, based on the parameters of your order

instructions and in accordance with posted trade execution procedures, and you are

solely responsible for determining whether any transaction is appropriate for you

based on your personal objectives, financial circumstances and risk tolerance. You

should consult your legal or tax professional regarding your specific situation.

Coinbase may provide educational information about Supported Digital Assets, as well as

Digital Assets not supported by Coinbase, in order to assist users in learning more about such

Digital Assets. Information may include, but is not limited to, blog posts, articles, links to third

party content, news feeds, tutorials, and videos. Coinbase will not be held responsible for the

decisions you make to buy, sell, or hold Digital Assets based on the information provided by

Coinbase.

(G) Debts. In the event that there are outstanding amounts owed to us hereunder, including in

your (standard) Coinbase Account, Coinbase reserves the right to debit your Coinbase Pro

Account accordingly and/or to withhold amounts from funds you may transfer from your

Coinbase Pro Account to your Coinbase Account.