Terms & Conditions

BlockByte Capital Pty Ltd is an Australian company specialising in Bitcoin and digital asset estate planning, self-custody setup, asset discovery, valuation, and executor and beneficiary documentation. We are registered with the Australian Transaction Reports and Analysis Centre (AUSTRAC).

• Email: contact@blockbyte.com.au
• Location: Melbourne, Victoria, Australia

BlockByte provides technical, educational and administrative services relating to the custody, documentation and succession of digital assets. This includes asset discovery and inventory, valuation, self-custody and multisig setup, custody and recovery documentation, executor and beneficiary instructions, and ongoing reviews.

Our role is to produce the technical artefacts that your legal and financial advisers can reference. We work alongside your solicitor, accountant or estate planner - we do not replace them.

We are not a law firm, a financial adviser, an accountant, a registered tax agent, or a trustee, and we do not act in any of those capacities.

BlockByte does not provide financial product advice or investment advice of any kind. Nothing on this website or in our communications is a recommendation to buy, sell, hold or deal in any digital asset, financial product or investment.

All information we provide is general information only. It has been prepared without taking into account your objectives, financial situation or needs. Before acting on any information, you should consider its appropriateness having regard to your own circumstances and obtain independent financial advice from a licensed adviser.

BlockByte does not draft wills, codicils, trust deeds or any other legal instruments, and does not provide legal or taxation advice. Any documents we prepare (including digital asset directives, inventories, custody architecture and executor instructions) are technical schedules and supporting materials intended to be reviewed by, attached to, or referenced by legal instruments prepared by a qualified Australian solicitor.

You are responsible for engaging your own solicitor and accountant to prepare, review and execute any legal or tax documents. Where we refer to documents being reviewed by a partner law firm, that review relates to the technical materials only and does not constitute legal advice to you.

A core feature of our self-custody services is that you retain sole control of your private keys, seed phrases and digital assets at all times.

• BlockByte does not hold, take custody of, control, or have access to your private keys, seed phrases, recovery information or digital assets, unless a specific written engagement expressly provides otherwise.
• You are solely responsible for the secure generation, storage, backup and protection of your keys and recovery information.
• Digital assets secured by self-custody can be permanently and irrecoverably lost if keys or recovery information are lost, destroyed, stolen, or disclosed to the wrong person. We cannot recover lost keys or assets.
• We will provide guidance, setup support and documentation, but the implementation, ongoing security and operation of your custody arrangement remain your responsibility.

Digital assets such as cryptocurrencies are highly speculative and volatile. You should be aware that:

• You may lose some or all of your capital. A 100% loss is possible.
• Digital assets are largely unregulated in Australia, and there is limited or no consumer protection.
• Prices can move significantly and rapidly, and past performance is not indicative of future performance.
• Digital assets carry technology, security, custody, regulatory, market and liquidity risks.
• Tax and regulatory treatment of digital assets may change, including in ways that affect you adversely.

You should not deal in digital assets unless you understand and accept these risks. Obtain independent advice if you are unsure.

Certain services and information may be intended only for wholesale clients, sophisticated investors, SMSF trustees, family offices or high-net-worth individuals as those terms are understood under Australian law. By engaging those services you represent that you meet the relevant eligibility criteria, and we may require evidence to that effect.

You warrant that all information you provide to us is true, accurate and complete, and that you have the authority to provide instructions in respect of any account, asset or estate referred to us.

As an AUSTRAC-registered business, we are required to comply with Australia's anti-money-laundering and counter-terrorism-financing obligations. You agree to complete any identity verification ("Know Your Customer") and source-of-funds checks we reasonably require, and to provide accurate supporting documentation. We may decline or discontinue an engagement where these requirements are not met.

These Terms govern your general use of our website and communications. Any specific service we provide will be the subject of a separate written engagement, proposal or statement of work that sets out the scope, deliverables, fees and any additional terms. Where there is any inconsistency, the terms of that separate engagement prevail for that engagement.

Fees are as quoted in the relevant engagement and are payable in accordance with its terms.

We may work with, or refer you to, third parties including partner law firms, accountants, hardware and software providers, and custody or technology vendors. We are not responsible for the products, services, acts or omissions of any third party, and your use of any third-party product or service is subject to that third party's own terms. Any referral is not an endorsement or guarantee of that third party.

This website may contain links to external websites. We are not responsible for the content or practices of any linked website.

All content on this website - including text, graphics, logos, templates, document frameworks and methodologies - is owned by or licensed to BlockByte and is protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our content without our prior written consent, except as permitted by law.

While we take reasonable care in delivering our services, we do not guarantee any particular outcome, including that any custody arrangement, document or estate plan will be free from error, will be honoured by any third party, executor, court or authority, or will achieve any particular legal, tax or financial result. Outcomes depend on factors outside our control, including the actions of you, your advisers, your executor, and applicable law at the relevant time.

To the maximum extent permitted by law:

• We exclude all liability for any loss or damage (including loss of digital assets, loss of profits, loss of data, or indirect or consequential loss) arising from or in connection with your use of this website, our services, or any information or document we provide.
• Where our liability cannot lawfully be excluded, our total aggregate liability is limited, at our option, to re-supplying the relevant services or paying the cost of having them re-supplied.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other applicable law.

You agree to indemnify and hold harmless BlockByte and its directors, officers, employees and contractors from any claim, loss, liability or expense arising from your breach of these Terms, your provision of inaccurate or incomplete information, your handling of your own private keys or assets, or your failure to obtain appropriate independent legal, financial or tax advice.

We handle personal information in accordance with the Privacy Act 1988 (Cth). By using this website or our services, you consent to our collection, use and disclosure of your personal information as described in our privacy practices.

We treat the information you share with us - including details of your holdings, custody arrangements and estate intentions - as confidential, and will only use or disclose it as necessary to provide our services, as authorised by you, or as required by law.

We may update these Terms from time to time. The current version will always be available on this website, and the "Last updated" date will reflect the most recent change. Your continued use of the website or our services after a change constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.

If you have any questions about these Terms, please contact us at contact@blockbyte.com.au.