Digital Asset Funds trading as mysmartmoney

AFS Representative No. [1285765](tel:1285765) | Authorised Representative of AFS Licence No. 528526

1. Introduction

Welcome to Digital Asset Funds, trading as mysmartmoney (“we”, “us”, “our”). These Terms & Conditions (“Terms”) govern your use of our website, platform, and any copy-trading or trading-automation services (“Services”).
By using the Services, you agree to be bound by these Terms.

2. Regulatory Disclosure

Digital Asset Funds trading as mysmartmoney is an Authorised Representative (Representative No. [1285765](tel:1285765)) of the holder of Australian Financial Services Licence (AFSL) No. 528526.
All information provided is general advice only and does not take into account your personal financial circumstances.

3. Eligibility

To use the Services you must:
Be 18 years or older;
Have legal capacity to enter agreements;
Comply with all applicable laws relating to trading and financial services.

4. Copy-Trading Services

Our platform enables you to replicate or follow the trades of selected traders (“Strategy Providers”). You acknowledge:
Copy-trading does not guarantee profits.
Trading results may differ from Strategy Providers due to execution variance.
You are responsible for choosing, managing, and monitoring all copy-trading settings.
We do not guarantee or control the performance of Strategy Providers.

5. No Personal Financial Advice

We do not provide:
Personal financial product advice;
Recommendations tailored to your objectives or financial situation;
Capital guarantees or return guarantees.
You should seek independent financial advice before investing.

6. Trading Risks

Trading, including copy-trading, digital assets, and leveraged products, involves significant risk, including the potential loss of your entire investment.
You acknowledge that:
You understand these risks;
You have reviewed any PDS or TMD relevant to products used;
You only invest funds you can afford to lose.

7. Fees and Charges

1. Performance-Based Fee
   mysmartmoney charges a 25% performance fee on net trading profits only.
2. No Fees Unless Profitable
   You will not be charged any performance fee for periods in which your account does not generate a net profit.
   This structure does not guarantee that you will profit—it only governs how our fees are applied.
3. How Performance Fees Are Calculated
   Performance fees are calculated:
   Based on net realised profits in your trading account;
   After accounting for prior losses (high-water mark method);
   At intervals disclosed to you prior to activation of the service.
4. Authorisation
   You authorise us to deduct applicable performance fees automatically from your trading account or wallet.

8. User Responsibilities

You are responsible for:
Protecting your login credentials;
Ensuring your account information is accurate;
Monitoring your trading activity and automated strategies.
You may not use our Services for fraudulent, abusive, or illegal purposes.

9. Third-Party Platforms

Our Services may integrate with third-party brokers, exchanges, wallets, or trading platforms. We are not responsible for:
Third-party system failures;
Execution delays;
Losses resulting from third-party service interruptions.
Use of third-party platforms is subject to their own terms.

10. Limitation of Liability

To the fullest extent permitted by law:
We are not liable for any loss arising from your trading activities;
We do not guarantee availability, accuracy, or uninterrupted service;
You use the platform at your own risk.
Your statutory rights under Australian Consumer Law remain unaffected.

11. Indemnity

You indemnify mysmartmoney, its officers, employees, and affiliates against any claims or losses arising from your use of the Services or breach of these Terms.

12. Intellectual Property

All content, branding, and software on the platform are owned or licensed by us. You may not reproduce or exploit them without written permission.

13. Privacy

Your personal information is handled in accordance with our Privacy Policy. By using our Services, you consent to the collection and use of your information as described.

14. Amendments

We may update these Terms at any time by posting the revised version on the website. Continued use of the Services constitutes acceptance of any changes.

15. Termination

We may suspend or terminate your access for breaches of these Terms, unlawful activity, or regulatory requirements.