Cube Loyalty Program Terms and Conditions

Last Updated: Dec 13, 2023

Introduction
1. The Cube Loyalty Program LP Terms and Conditions (“LP Terms”) apply to your access to and participation in the Cube Loyalty Program (the “Program”), which is operated by Cube Exchange Australia Pty Ltd for itself and on behalf of its affiliated companies (collectively, “Cube”, “our”, “us” or “we”).
2. These LP Terms complement and incorporate by reference the Cube Terms of Service (the “Terms of Service”). In the event that there is any conflict between the Terms of Service and the LP Terms, including but not limited to provisions related to governing law, venue, and dispute resolution/arbitration/class waivers, the Terms of Service shall supersede and prevail.
3. Please refer to our Privacy Notice and Collection Statement for information we may collect about you through your participation in the Program and how we may use it.
4. By entering or participating in the Program, you acknowledge and agree that you shall comply with the LP Terms and the Terms of Service and the decisions about the administration of the Program by Cube, which are final and binding in all respects.
Eligibility
1. VOID WHERE PROHIBITED
2. The Program is valid only for if you have successfully completed Cube’s KYC/AML onboarding diligence process and have an active Cube Client Account that has not been suspended, restricted, or terminated.
3. You must be eighteen (18) years of age or older, or the minimum age required in your jurisdiction of residence to have the necessary legal capacity, right, power and authority to accept these LP Terms.
4. This Program is not available to the general public.
5. Cube may decline requests to participate in the Program at its discretion. Availability is limited to certain jurisdictions only and subject to change.
6. This Program is not an offer or solicitation in any jurisdiction where we aren’t authorized to offer a loyalty rewards program.
7. The following individuals are not eligible to participate in the Program:
8. Cube employees, independent contractors, shareholders or persons similarly associated with Cube and their immediate family members (i.e., parent, spouse, children, siblings, grandparents, step-relations and those living in the same household, whether or not related);
9. Registered representatives of broker-dealers; and
10. Employees of any securities regulatory organization or exchange.
Cube Points
1. Under the Program, you may earn loyalty points (the “Cube Points”) at our discretion by participating in various activities published from time to time on our website (each an “Activity” and collectively the “Activities”). For the latest list of Activities, please click here [Add Link to Landing Page for Loyalty Program] (the “Loyalty Program Hub”).
2. If there is a set start and end period for a particular Activity in the Program, it shall be set forth on the Loyalty Program Hub (an “Activity Period”). Some Activities are ongoing with no set start or end period.
3. How Cube Points for a particular Activity are earned and measured are set forth in the Loyalty Program Hub for each Activity. In the event of a conflict with the description in the Loyalty Program Hub and these LP Terms, shall supersede and prevail.
Referral Activities
1. One Activity through which you can earn Cube Points is by referring others to Cube.Exchange.
2. A “Referrer” means a person who invites another person to use Cube.Exchange by sharing a Referral Link (as defined below), and a “Referred User” means a separate and unique person creates a Cube Client Account referencing a Referral Link.
3. You are eligible to be a Referrer once you have ensured your familiarity with Cube.Exchange by:
  1. Having earned at least 1000 Cube Points by participating in Activities; and
4. Having placed and net settled at least one trade on Cube.Exchange.
5. A “Qualified Referral” occurs when:
6. The Referrer generates a unique referral URL through the Loyalty Points Hub (“Referral Link”);
7. The Referrer shares their Referral Link with a Referred User in manner permitted under these LP Terms;
8. The Referred User clicks the Referral Link to access Cube. Exchange and creates a Cube Client Account; and
9. Any other required referral Activities listed in the Loyalty Points Hub have occurred to achieve the different Cube Points for such Activities.
10. Referral Restrictions and Rights:
11. Residents of Japan, Spain, Portugal, Israel and the United Kingdom are not eligible to participate in any referral activities, either as a Referrer or a Referred User.
12. Referral Links must be used only for personal and non-commercial purposes. In particular:
13. As a Referrer, you cannot use paid advertising such as paid search marketing or promoted posts on social media to promote the Referral Link.
14. As a Referrer, you must comply with all up-to-date “spam” laws. For example, messages must be created and distributed in a personal manner, and bulk message distribution is strongly discouraged.
15. Any distribution of your Referral Link to the general public or on coupon sites or other websites created to take advantage of referral traffic generated from individuals searching for referral codes, or otherwise in a way that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited, and will be grounds for immediate termination of your account and exclusion from the Referral Program, as determined by Cube in its sole discretion.
16. If you violate these requirements, your Referral Link will be deactivated and you will not receive any bonuses for referrals made using that Referral Link
17. You can, however, share your Referral Link through text messaging, email and messaging apps.
18. As a Referrer, you further agree that:
19. You may not use, display, or manipulate Cube’s intellectual property (including any logos, trademarks and copyright-protected works) in any way, except to identify yourself as a user or Referrer of Cube;
20. You may not make misleading claims about Cube, the Referral Link or the Program, create false, offensive or abusive content, misrepresent your connection to Cube, or otherwise make any false or misleading statements;
21. You may not use your Referral Link in any manner that violates the law or the rights of any party;
22. Assist with the preparation of the Referred User’s account or KYC/AML onboarding;
23. Train a referred party to use or trade on Cube.Exchange;
24. Act as a point of contact between Cube and the Referred Party;
25. Maintain any relationship with the Referred Party regarding the Referred Party’s Cube Client Account, including but not limited to:
26. Having access to the Referred Party’s Cube Client Account, such as with an email of the Referred Party;
27. Trading on behalf of the Referred Party; or
28. Having a copy of the key share of the MPC Vault of the Referred Party.
29. If you are a Referred Party, you are agree that:
30. You may only use one Referral Link when creating a Cube Client Account:
31. You cannot have sent a Referral Link to yourself to create another Cube Client Account.
32. You cannot apply your Referral Link to Cube Client Account previously created by you.
33. Your Referrer:
  1. Does not have access to your Cube Client Account, such as your email;
  2. Is not trading on your behalf; and
  3. Does not have a copy of the key share to your MPC Vault.
Redemption of Loyalty Cube Points for Rewards
1. Cube Points may be used to redeem Rewards listed in the Loyalty Program Hub according to the procedures set forth there.
2. If a Reward isn’t claimed within 30 calendar days of the date it was received, the Reward will expire. The Cube Points redeemed to claim such an expired Reward will not be returned to you.
3. If for any reason the Rewards, or any part of a Reward, is unavailable or a Reward or related event is delayed, cancelled or postponed, or for any other reason, Cube reserves the right to modify the Program in its sole discretion and award a substitute Reward, or portion of Reward, of comparable or greater value as set forth in the LP Terms. No substitution, transfer, assignment or cash equivalent of the Reward, or any portion thereof, is permitted by you.
4. Cube shall have no responsibility or obligation to if you are unable or unavailable to, or do not for any reason, accept or utilize a Reward.
5. All costs and expenses not specifically described as part of the Reward in the Loyalty Program Hub are solely your responsibility.
6. Taxes related to this Program are solely your responsibility, including without limitation any taxes related to the value of a Reward. Consult with your tax advisor about the appropriate tax treatment for this Program and any tax implications associated with receipt of A Reward before enrolling and before redeeming Cube Points for any Reward.
7. The Rewards are provided on an “as is” basis. You agree and acknowledge that Cube has neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Rewards, including any implied warranty of merchantability of fitness for a particular purpose.
8. Any Rewards pictured in advertising and other Program materials are for illustrative purposes only.
Your Participation
1. You may only use your Cube Client Account to participate in the Program.
2. You cannot sell, assign or otherwise transfer any Cube Points earned in the Program to another person.
3. You cannot direct Cube to send any selected Reward to a third party.
4. Cube Points cannot be aggregated among multiple users to select a Reward.
5. The Cube Points may never be redeemed for fiat currency.
6. The Cube Points are not redeemable and cannot be traded outside of the Cube.Exchange platform.
7. Cube reserves the right to amend, modify, replace, change or restrict the Cube Points, the Rewards or the LP Terms, or terminate the Program, subject to any notices required by applicable law.
8. Furthermore, by entering the Program, you understand that:
  1. you shall be bound by the LP Terms and by our interpretation of them and by our decisions, which are final and binding in all respects;
  2. your participation in the Program shall be conditioned on its compliance with any and all applicable federal, national, state, provincial and local laws, rules and regulations; and
  3. that receiving any Cube Points and redeeming any Cube Points for Rewards is contingent upon fulfilling all requirements set forth in these LP Terms.
Liability Release and Indemnity
1. THE REWARDS ARE OFFERED AND PROVIDED “AS IS” WITH NO WARRANTY OR GUARANTEE BY CUBE OR ANY AFFILIATED ENTITY, EITHER EXPRESS OR IMPLIED. IN NO EVENT WILL CUBE BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT CUBE AND/OR OTHER AFFILIATED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
2. By entering the Program, you agree to indemnify, defend, and hold harmless, Cube from any and all liability, for any claims, damages, injuries or losses of any kind, and to release all rights to bring any claim, action or proceeding arising out of, in connection with, or relating to, (i) participation in the Program, (ii) without limitation, death, or property damage, arising directly or indirectly from the acceptance, possession, misuse or use of the Rewards, (iii) defamation, violation of publicity rights, or invasion of privacy in connection with the Program or acceptance and use or the Reward, and (iv) copyright infringement, trademark infringement, or any other intellectual property-related cause of action arising from or related to the Program, the Reward, or Cube’s advertising and marketing related to the Program, you and other Program participants, in all cases, including but not limited to: (a) unauthorized human intervention in the Program; (b) technical errors related to computers, digital wallets, servers, providers, mobile phones, telephones, or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected or undeliverable mail; (e) errors in the administration of the Program or the Activities; or (f) injury or damage to persons or property (including to any computer or mobile device systems resulting from participation in or accessing or downloading information in connection with the Program), which may be caused, directly or indirectly, in whole or in part, from your participation in the Program or receipt or use of any Reward.
3. You assume all liability for any injury or damage caused, or claimed to be caused, by participation in the Program, or the acceptance, receipt, or use of the Reward and/or any Reward component.
4. You further agree that in any cause of action, Cube and/or its affiliated entities’ liability will be limited to the value of the Reward, and in no event shall Cube be liable for attorney’s fees.
5. Cube reserves the right in its sole discretion to disqualify any participant in the Program if it suspects or finds (i) to have acted dishonestly, fraudulently or otherwise in bad faith in completion of an Activity; (ii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iii) to display behavior that will bring Cube or its affiliated entities into disgrace and/or disrepute; (iv) to have provided inaccurate information on any legal documents submitted in connection with the Program; (v) used profanity, racial slurs, foul language or comments that may be deemed as an attack on Cube, its affiliated entities or other persons; or (vi) to be acting in violation of the LP Terms.
6. ANY VIOLATION OF THE LP TERMS BY YOU IN THE PROGRAM WILL RESULT IN YOUR DISQUALIFICATION FROM THE PROGRAM AND ALL OF YOUR PRIVILEGES IN THE ROGRAM WILL BE IMMEDIATELY TERMINATED.
General Terms
1. Cube is not responsible if the Program or Activity cannot take place, or if Cube Points and/or Rewards cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Cube.
2. If, for any reason the Program or an Activity is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of the Cube, which, in Cube’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Program or an Activity, Cube reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend the Program, an Activity or any part of the Program or an Activity.
3. If the Program or any part of the Program is terminated or modified, notice will be posted on the Loyalty Program Hub.
4. Cube reserves the right to modify and amend the LP Terms from time to time for clarification purposes.
5. ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM OR AN ACVITIVITY MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, CUBE RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
6. The invalidity or unenforceability of any provision of the LP Terms will not affect the validity or enforceability of any other provision. If any provision of the LP Terms is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Cube’s failure to enforce any term of the LP Terms will not constitute a waiver of that term or any other provision of the LP Terms. You agree to waive any rights to claim ambiguity of the LP Terms. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the LP Terms or any provision hereof. In the event there is a discrepancy or inconsistency between, on the one hand, disclosures or other statements contained in the privacy policy or terms of use on a website and/or the terms and conditions of various products, services and features which we offer (excluding the Program), and on the other hand, the LP Terms, the LP Terms shall prevail, govern and control and the discrepancy will be resolved in Cube’s sole and absolute discretion.
Disclosures: This Program is not an offer or solicitation to purchase or sell a financial instrument, including but not limited to a security, futures contract, commodity, option, swap, digital asset, or other cash or spot instrument available either over-the-counter or by any other means of execution. We refer you to our Cube Risk Disclosure Statement for a further discussion of the risks involved using the products and services offered by Cube related to digital assets.

The latest Cube Loyalty Program Terms and Conditions changes were made on Dec 13, 2023