Updated Oct 6th, 2021
This page sets out the service terms for TIGA account-holders. By signing up for a TIGA account, you accept all of these terms. A reference in these Service Terms to ‘we’, ‘us’ or ‘our’ means TIGA Pty Ltd and its directors and officers.
TIGA is a service that enables its users to find others interested in trading Ethereum's intrinsic currency ("ether"), XIN for local currencies and vice versa. We do not facilitate the exchange of fiat currency for a digital currency, and we do not provide a digital currency exchange service. TIGA does not purchase cryptos from, or sell cryptos to, its account holders.
Nothing on our app is intended to constitute legal or financial advice. The information on our app, and the posting and viewing of any the information on our app, should not be construed as, and should not be relied upon for, legal, financial or taxation advice in any circumstance.
2. Your account
You will need to register and create an account in order to access the TIGA platform as a user. When you register as a member and create your profile, you don't need to provide any additional information. You must authorize with TIGA app in the Mixin Messenger to access the services.
You must maintain the confidentiality of your phone number and you are responsible for all activities that are conducted through your account, whether or not you have authorised such use.
You must keep your phone number normal. If you lose your phone number, you will not be able to access your encrypted communications or wallet, and there is no way for TIGA to recover access.
We currently do not allow TIGA ID to be changed.
If you are prompted to declare your residency when signing up for an account, you warrant that you have declared your residency honestly.
If you wish to delete your account, please open a support ticket with your request.
You must be at least 18 years old to sign up for a TIGA account. If you sign up for an account, you warrant that you are at least 18 years old.
3. Generating Mixin Wallet
When you register Mixin Messenger, a mixin wallet is automatically created. The Mixin wallet is encrypted with your 6 digit PIN which you setup. You hold this PIN – We and Mixin do not have a copy.
When you authorize with your information and your balance, we can just read your token banlances to ensure posting offers works normally.
You may also have the PIN for the cryptos you hold in a cryptocurrency wallet. We also cannot access these PIN, so we cannot withdraw your cryptocurrencies that is able to be stored in the wallet.
4. Posting offers
TIGA users may post offers to buy or sell cryptos in exchange for local currencies using the marketplace. Offers on the marketplace are made publicly available, and can be viewed by anyone who accesses the app.
When an offer is displayed, we may also display symbols next to the offeror’s username such as a symbol to indicate the offeror’s trade activity, response rate or standard hours.
Offerors can write their own terms and conditions of sale, which may be published with the offer or negotiated with the other party to the transaction. However all terms and conditions of sale must include the mandatory terms specified in these Service Terms regarding TIGA’s fee and the process for resolving disputes.
Offers displayed on the TIGA app have TIGA’s fee (see section 9) priced into them by default, which is why buyers and sellers will see a different rate for the same trade. The prices you see are what you should expect to receive after TIGA's fee has been charged.
TIGA reserves the right to delete offers from the marketplace at its discretion. Generally, it will delete offers if they appear to be unlawful, non-genuine, fraudulent, spam or are otherwise incorrect.
5. Communications between parties
TIGA users can communicate over the TIGA platform.
All communication made between buyers and sellers on TIGA is end-to-end encrypted. No third parties, including us, have the technical ability to decipher and/or read these messages unless we are given the shared secret to do so by one party.
It is the responsibility of a user to make and keep adequate records of communications, details of transactions and financial history to the extent that they are required to do so in their jurisdiction.
Once the shared secret used to encrypt the messages is destroyed, that conversation is gone forever and cannot be recovered.
You must not be engage in communication with other TIGA users which is offensive, abusive, unlawful, defamatory, indecent or inappropriate.
You acknowledge that we are unable to provide you with any other information about the identity of another TIGA user other than what is made available to you on our app.
6. Terms of the transaction
Once cryptos is transferred into escrow, the trade should proceed in accordance with the terms agreed between the buyer and the seller. This will ordinarily require:
- person trading local currency should make payment;
- once local currency payment is received in full and in cleared funds, the cryptos held in escrow must be released.
If the buyer does not represent that local currency payment is made within a defined time period, the escrow may be cancelled by the seller. The buyer may cancel the escrow at any time.
Sales between buyers and sellers are subject to:
- the payment of TIGA’s fee;
- the process for resolving disputes set out in these Service Terms;
- the seller’s terms and conditions, or any other terms and conditions agreed between the buyer and the seller. In the event of inconsistency, the higher in the list of terms prevails.
You must comply with all reasonable security requirements prescribed from time to time by TIGA.
A dispute may arise about a trade if:
- a party to a trade transfers local currency but the escrow isn’t released;
- local currency payment isn’t received and the cryptos remains in escrow; or
- local currency is only part paid.
The contract of sale is between the seller and the buyer. Accordingly, the parties are required to first use best efforts to resolve the dispute between themselves.
If the parties have not resolved the dispute and have not agreed on an alternative dispute resolution process, either party may refer the dispute to TIGA.
The party referring the dispute to TIGA must give TIGA access to a digital signature that allows TIGA limited control of the escrow and the key material used to encrypt communications between the buyer and the seller. Both parties agree to give TIGA access to their conversation history and all other information required by TIGA to resolve the dispute, including evidence of payment. TIGA will review the evidence and it will direct the cryptos to the party who in TIGA’s reasonable opinion is entitled to own it under the terms of sale.
Parties must respond to TIGA’s requests for information promptly (and at least within 24 hours). If a party does not respond to a request within that timeframe, TIGA may resolve the escrow in favour of the other party to the dispute.
The parties agree that except in cases of gross negligence or fraud, TIGA’s decision is final and binding on the parties and there is no appeal from such decision.
TIGA reserves the right to refuse to resolve a dispute where TIGA, in its sole discretion, considers that:
- the issue is best resolved through other methods;
- one or both parties have not provided all required or requested information;
- the ownership of cryptos is not clear from the information provided;
- the contract between the parties is unlawful;
- a party is acting unlawfully or fraudulently;
- TIGA has a legal obligation to do so; or
- directing cryptos to a party would cause TIGA to breach any law.
Where TIGA exercises its right to refuse to resolve a dispute, TIGA will notify both parties of this. Either party may then apply for a court order resolving the dispute.
If a party provides a copy of a court order to TIGA along with access to a digital signature that allows TIGA limited control of the escrow, TIGA will resolve the escrow in accordance with the court order.
This process for resolving disputes is incorporated in all contracts between buyers and sellers arranged through TIGA.
9. TIGA fees
For transactions concluded through the TIGA smart contract service, TIGA charges a 0.25% fee for the maker (the person who placed the offer listing) and 0.75% for the taker (the person responding to the offer). The fee is charged in related cryptos.
This term is incorporated in all contracts between buyers and sellers arranged through TIGA and using the TIGA smart contract. The term is incorporated into the Contract and is unable to be changed.
10. Other taxes
By using TIGA, you are responsible for determining what taxes apply to any trades you conduct with other TIGA users. You must pay for all taxes applicable to all trades in which you participate.
You indemnify TIGA for any claim, loss or damage arising from your failure to pay applicable taxes.
11. Suspending and deleting your account
We may suspend or delete your account if:
- we consider that you are using the TIGA platform to scam other users or for any other unlawful purpose;
- we receive reports that you are communicating offensive, abusive, unlawful, defamatory, indecent or inappropriate messages to other users;
- we know or suspect that you have completed the residency declaration dishonestly;
- TIGA is required by law to do so;
- there is any change in law that adversely affects TIGA’s operating model or would make it unlawful to continue the service without materially changing the TIGA platform or regulatory licence required to operate; and
- TIGA does not allow private transactions outside the TIGA platform, especially inducing users to conduct private transactions. Once found, your account will be penalized depending on the degree of impact. Penalties include canceling the Blue Shield certification, temporarily or permanently restricting the publication of advertisements, and temporarily or permanently restricting your account.
- for any other reason in our absolute discretion.
Once your account is deleted, we destroy any information we hold in relation to it after any legal requirement imposed on TIGA to retain it has expired.
After suspension of your account, you are entitled to limited access for the purpose of managing existing trades however you may not open new trades or post to the marketplace.
12. Compliance with laws
Although our app may be accessed outside of Australia, we make no representation that the services comply with the laws of any other country. If you use the services from outside Australia and China, you are solely responsible for ensuring compliance with your local laws.
You warrant that you will use the app and the services in compliance with your local legislation and the laws of the Commonwealth of Australia and China.
13. Risks associated with dealing with other users
Cryptos transfers in the Mixin Network are irreversible. If you release or send cryptos to somebody else, it is generally not possible for TIGA, nor yourself, to recover the funds. This also applies to sending cryptos to an incorrect address. You transfer any cryptos at your own risk.
If someone gains access to your account and uses your wallet, we will have no way to recover your funds.
We strongly recommend that if you do not have a strong understanding of the underlying "blockchain" technology that supports cryptocurrencies such as Ethereum and Bitcoin, you do not use our services. Cryptocurrencies can be subject to extreme price volatility. You should consider your financial circumstances and tolerance to risk before acquiring and trading in cryptocurrencies.
14. Disclaimer of warranties
TIGA does not facilitate or provide brokerage, exchange, payment, escrow, remittance or merchant services.
TIGA is only an introductory and information service, and, to the maximum extent permissible by law, is not responsible for any actions of its users including, without limitation, representations by any users regarding funds (cryptos or currency) having been transferred or any ownership of cryptos or funds.
To the maximum extent permitted by law, TIGA does not guarantee the quality or fitness for purpose of its services. TIGA is provided on an "as is" and “as available” basis and you agree to use it at your sole risk. While we strive to make the services available to you at all times, we do not make any representations as to the availability of the services, or that your access or use of the app will be uninterrupted or timely. There may be delays, failures, errors, omissions or loss of transmitted information.
We make no warranties, claims or guarantees related to any of our users, including but not limited to:
- the merchantability or fitness of the user;
- the identity of the user;
- the location of the user;
- the reliability and timeliness of the user;
- the accuracy of any information the user presents; or
- the accuracy of any information we provide about the user.
To the maximum extent permitted by law, we make no guarantees to the safety, reliability, availability or longevity of any of the data we collect or store. We strongly recommend that you keep a back up copy of your private keys so, if required, you can interact with the Contract independently of TIGA.
15. Limitation of liability and indemnity
You indemnify TIGA and hold TIGA harmless against all loss, claims, actions, liability, damage, costs (including legal fees on a solicitor and client basis), expenses and penalties arising directly or indirectly from any:
- breach by you of these Service Terms;
- unauthorised use of your TIGA account;
- act or omission (including any negligence, unlawful conduct, wilful misconduct or fraud) by you in relation to your use of TIGA’s services;
- third party claim against us in relation to your use of TIGA’s services;
- any action taken by TIGA at your request in respect of your account, trade or dispute;
- any inaction or delay on your part in respect of any dispute, including any failure by you to respond to a request for information by us within the time required under clause 8 (Disputes);
- any failure by you to comply with any reasonable recommendation made by TIGA; and
- infringement of intellectual property rights by you.
Except in the case of gross negligence or fraud in resulting a dispute, and to the fullest extent permitted by law, TIGA is not liable for:
- any breach of these Service Terms; or
- any act or omission (including any negligent act or omission) of TIGA in connection with these Service Terms or any services supplied by TIGA.
Nothing in these Service Terms restrict, exclude or modify any rights that cannot be excluded under any applicable law including the consumer guarantees set out in the Competition and Consumer Act 2010 (Cth). If we are liable for a breach of a consumer guarantee (or any other term implied by law) and that liability cannot, by law, be excluded but can be limited, our liability is, to the fullest extent permitted by law, limited to any one or more of the following as we determine in our absolute discretion:
- (a) resupplying the services; or
- (b) paying the costs of having the services resupplied.
If we were grossly negligent in resolving a dispute, then our liability is capped to the lower of AUD$10,000 or the fees, commissions and charges paid to us in respect of the transaction(s) giving rise to the claim.
If we are fraudulent in providing a service under these Service Terms, then our liability is uncapped.
Under no circumstances, including in cases of gross negligence or fraud, are we liable to you for any consequential loss suffered by you (including any loss of profit).
You agree to undertake that you will not use any of TIGA's businesses to engage in money laundering, fraud, funding, currency exchange or other illegal activities, or any transactions for the purpose of money laundering, fraud, funding, currency exchange, etc. You agree that TIGA will not be liable for any losses or liabilities arising from such actions.
17. Applicable law and language
These Service Terms are governed by the laws of Victoria, Australia and China. These Service Terms may be translated into other languages, however the official language of these terms is English. Translations may not accurately represent the information communicated in the English language.
You agree that an email sent to the email address nominated when you created your account is a valid notice under these Service Terms.
You should exercise reasonable caution when reviewing emails and SMSs purporting to originate from TIGA as emails can be vulnerable to phishing, spoofing and additional viruses.
19. Changes to these terms
We reserve the right, at our sole discretion, to update, change or replace any part of these Service Terms by posting updates and changes to our app. If there is a change which has a material adverse impact on you, we will notify you by emailing you and providing 30 days’ notice. If you do not agree to the changes, your only remedy is to discontinue using the services.
It is your responsibility to check our app periodically for changes. Your continued use of or access to our app or the services following the posting of any changes to these Service Terms constitutes acceptance of those changes.
These Service Terms were last updated in May 2018.
20. Terms that survive account closure
The following terms in these Service Terms continue to apply after the closure of your account:
- Clause 8 – Disputes;
- Clause 9 – TIGA fees;
- Clause 13– Limitation of liability and indemnity.
21. Entire understanding
These Service Terms contain the entire understanding between the parties as to the subject matter of this terms.
Please send any questions, comments, issues, or general correspondence via Mixin Messenger.