NOT FINANCIAL ADVICE:

You should always conduct your own due diligence and research before investing. Articles on Cryptocoin.com.au are only the opinion of the author and while they conduct their own research, there may be inaccuracies in articles.

The information in this website and the links provided are for general information only and should not be taken as constituting professional advice from the website owner. Crypital is not a financial adviser. You should consider seeking independent legal, financial, taxation or other advice to check how the website information relates to your unique circumstances.

Crypital is not liable for any loss caused, whether due to negligence or otherwise arising from the use of, or reliance on, the information provided directly or indirectly, by use of this website.


CRYPTOCOIN TERMS OF USE

1. ABOUT CRYPTOCOIN

(a) Welcome to Cryptocoin. The website located at www.cryptocoin.com.au (“Site”) is owned and operated by Crypital Pty Ltd (ACN 624 348 625) (“Cryptocoin”).

(b) Cryptocoin is a digital information platform that provides users of the Website (“Users”) with access to information and news about cryptocurrencies.

(c) Portions of the Service are publicly available to all visitors to the Site. Other portions of the Service including our forum area (“Forum”) may only be available through registration as a member (“Member”) to the Site or through a subscription (“Membership”).

(d) Please read these terms (“Terms”) carefully as they govern your access to and use of the Site (“Service”). The Terms are a binding contract between you and Cryptocoin and by using the Site, you accept the Terms as they apply from time to time. If you do not agree to our Terms, you may not use or access our Service.

(e) As we improve our Service, we may change the Terms by notice on our Site or by sending you an email. If you use the Service after a change to the Terms, that means you agree to the changes.

2. RESEARCH AND INFORMATION

(a) All information, news, analysis, ratings and reviews provided on this Site is for public information and research purposes only (“Research and Information”) and should not be considered professional advice.

(b) Cryptocoin makes no representations or warranties to Site visitors of any kind about the Research and Information provided on this Site to the extent permitted by law. We are under no obligation to verify the Research and Information.

(c) We do not provide legal or financial advice. You should not rely on the Research and Information and must make your own independent enquiries and obtain appropriate advice before making any decision or taking any action in relation to cryptocurrencies.

3. USING OUR SERVICE

(a) As a condition of your use of our Site and access to our Service, you warrant that:

(i) you are at least 18 years of age;
(ii) you are a person authorised to enter into a legally binding contract if you are purchasing a Membership; and
(iii) all relevant consents have been obtained to use our Service.

(b) By visiting, registering for, or using the Site, you agree that we may send you direct email communications from which you may opt out at any time.

(c) We retain the right in our sole discretion to deny anyone access to this Site or the Service for any reason.

4. REGISTRATION FOR A SUBSCRIPTION

(a) The use of our Site is currently free. We reserve the right in the future to reserve access to sections of our Site by way of Membership only.

(b) In order to access a Membership on our Site or other areas that are closed to public visitors, you may be required to sign up for an account (“Member Account”). By signing up for a Member Account, you will be required to accept the Terms by clicking “I accept” in the user interface as a condition of joining as a Member.

(c) As part of the registration process for a Member Account, you must provide us the requested information to open a Member Account referred to as “User Details” on our Site.

(“Membership Information”).
If we detect suspicious or incomplete information, we reserve the right to cancel a Member Account and any orders for our Service.

(d) If your Membership Information changes, you should promptly update your Member Account to reflect those changes.

(e) You agree that your Member Account is non-transferable and permits only you to access the Site.

(f) You are responsible for maintaining the confidentiality of your Membership Information including your Member Username and password.

(g) We reserve the right to deny anyone access without notice to a Member Account for breach of our Terms.

5. OBLIGATIONS OF USERS OF OUR SERVICE

(a) In these Terms, “Communications” means all works and materials (including without limitation text, communications, messages, comments, photographs, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or the Forum.

(b) To preserve the community values of our Site and the Forum, you agree that you must not use on our Site or transmit or upload Communications to the Site that:

(i) make unsubstantiated, false, wildly exaggerated, deceptive or misleading claims (e.g. “This coin will rocket tomorrow”);
(ii) impersonate an individual or organisation, are fraudulent, threatening of invasive of another’s privacy or otherwise illegal;
(iii) contain abusive, offensive, pornographic, homophobic, sexist, aggressive, defamatory, libelous, hateful, discriminatory, obscene, inflammatory or racist language;
(iv) is unlawful, fraudulent, malicious or which give rise to civil or criminal liability or which may call the Site into disrepute;
(v) make personal attacks, harasses, bullies or intimidates any person;
(vi) constitutes, assists or encourages a criminal offence, violates the rights of any person, or that otherwise creates liability or violates any local, state, national, or international law;
(vii) infringes upon or violates any person’s rights, including but not limited to intellectual property rights, rights of privacy, rights of confidentiality or unauthorised disclosure of any personal information;
(viii) supplies instructional information about illegal activities;
(ix) are posts or comments that are clearly off-topic (e.g. posting comments that are entirely unrelated to the topic at hand);
(x) are trolling or threatening;
(xi) solicits, invites, encourages, advocates, incites or provoke any the foregoing.

(c) You must not use our Site for collecting email addresses of other Users by electronic or other means to send unsolicited email, spam, or unwanted advertisements including the use of links to other websites or for self-promotion.

(d) You must not create any virus, programs, or malware that inhibit, interrupt, damage or compromises the functionality and security of our Site.

(e) You will use the Site only for purposes permitted by the Terms and in accordance with applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

(f) Cryptocoin reserves the right to edit, suspend or terminate posting privileges, refuse to post or to remove in whole or in part any Communications on the Site that we consider in our sole discretion is in any way objectionable or in breach of these Terms which we may do so without notice.

6. SUBSCRIPTION PAYMENTS

(a) After registration as a Member, you can log into your Member Account to use our Site or place an order (“Order”) for the Services available for purchase as described on our Site from time to time.

(b) We may from time to time by notice on the Site vary our Service and the price for our Service.

(c) You agree to pay the price (“Membership Fee”) for the Service listed on our Site in consideration of the supply.

(d) The Membership Fee on our Site is subject to change at any time prior to acceptance of an Order by Cryptocoin.

(e) Payment of the Membership Fee may be made through the payment gateway providers (the “Payment Gateway Providers”) listed on our Site from time to time. By using a Payment Gateway Provider, you warrant that you have familiarised yourself with, and agree to be bound by, their applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers. We may also in our discretion make available to you an option to make payment for a Service or a Subscription by cryptocurrency.

(f) Payment must be made in full at the time of placing an Order or for each Subscription payment. We may terminate or suspend your access to the Service if payment is not made in full or payment is declined by your bank or credit card issuer.

(g) All payments for our Service are in Australian Dollars (AUD). Fees may be converted to your local currency at the time of your Order if we accept an Order for delivery outside of Australia. We reserve the right in our sole discretion to reject an Order for delivery outside of Australia. We will be entitled to add on GST for any supply in Australia.

(h) Members are responsible for ensuring their credit card or payment details are accurate and correct in their Order details to purchase the Service.

(i) When we confirm payment of the Membership Fee and accept your Order, you will be issued with a receipt (‘the Receipt’) to confirm that your payment has been received.

(j) You agree that we may electronically store your Membership Information and payment information to process Order renewals or the purchase of the Membership to our Service unless you contact us to remove your payment information.

(k) You are responsible for any use, activities and the payments associated with your Order. Cryptocoin reserves the right to cancel, suspend or reject an Order for the purchase of Service due to the the inability to authorise or process any payment including a credit card payment or where Cryptocoin suspects any misuse of your Member’s Account.

(l) Subscriptions are not transferrable and are not redeemable for cash. Your access to the Purchase Services will be disabled when your Member Account is suspended, terminated or ends.

7. REFUND POLICY

(a) Except as required by the Australian Consumer Law, Membership Fees paid by you in any currency are final and non-refundable.

(b) Orders cannot be cancelled, or refunds made after payment is processed if you change your mind. We will only facilitate a refund if we are unable to facilitate the processing of an Order or if we determine, in our discretion, that it is reasonable to do so.

8. INTELLECTUAL PROPERTY

(a) In these Terms:

(i) “Content” means all works and materials (including without limitation text, communications graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or the Site for storage or publication on, processing by, or transmission via, the Site.
(ii) “Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
(iii) “Works” means any material made available on the Site including (without limitation) written texts, documents, articles, news, newsletters, posts, commentaries, surveys, data, photographs, pictures, graphic works, video, or images.

(b) You acknowledge that ownership of the Intellectual Property Rights relating to the Works on the Site is the property of, licensed by or vest on creation in Cryptocoin.

(c) The Works on the Site (“Copyright Material”) are subject to copyright and owned by the copyright owner. The Copyright Material on the Site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) and compilation of the Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us. Information procured from a third party may be the subject of copyright owned by that third party.

(d) The Site or any part of it (including, without limitation, any content or images) may not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, site or other medium for publication or distribution, without our express prior written consent. Users shall take due care to protect the Intellectual Property Rights from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication.

(e) All Intellectual Property including any trade marks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.

(f) Unless otherwise stated, we retain all rights, title and interest in and to the Copyright Material on the Site. Nothing you do on or in relation to the Site will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;
(ii) right to use or exploit a business name, trading name, domain name, trade mark or industrial design;
(iii) thing, invention, design, system, work or process that is the subject of a patent, registered design or copyright or any other Intellectual Property Right (or an adaptation, improvement, modification of such a thing, invention, design, system, work or process); or
(iv) any proprietary rights to the Cryptocoin Intellectual Property or Works.

(g) “Cryptocoin” and all associated trade marks on the Site are owned by us or any related entities or otherwise licensed by us. You must not use any of our trade marks:

(i) in or as the whole or part of your own trade marks;
(ii) in connection with activities, products or services which are not ours; or
(iii) in a manner which may be confusing, misleading or deceptive.

(h) Cryptocoin owns all right, title and interest in any data or information that Cryptocoin collects, creates, generates or produces in connection with any supply under these Terms and information that is:

(i) new, unique, original or non-identifiable;
(ii) aggregate or raw or statistical relating to usage, analyses and results of the Service;
(ii) for the purpose of optimising delivery, commercialisation and performance of Cryptocoin’s Service; or
(iv) samples and prototypes, conclusions, techniques, know how, methods, and undocumented findings generated in the usual course of business of Cryptocoin.

(i) You grant to Cryptocoin, or to any third parties used by us to provide the Service, a non-exclusive, worldwide, and royalty free licence to use, disseminate, transmit and cache your Intellectual Property, Content and any information provided or submitted by you in conjunction with the Service.

(j) The obligations accepted by Users under this clause survive termination or expiry of these Terms.

9. NEWSLETTER SERVICE

(a) You may join our mailing list and obtain access to our updates, newsletters, surveys and upcoming events (“News Services”) by:

(i) agreeing to the Terms and Privacy Policy; and
(ii) providing us your information when required.

(b) Members must take due care to protect the Intellectual Property Rights provided via our News Services from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication. We reserve the right to suspend or terminate our News Services for any breaches.

10. SUBSCRIPTION TERMINATION

(a) The Terms will continue to apply until terminated by either the Member or by us as set out below.

(b) We may terminate these Terms without notice to you if:

(i) you have breached any provision of the Terms; or
(ii) we believe you are making unauthorised or improper use of the Site
We reserve the right at all times to edit or remove any of your Content, in whole or in part, from the Site.

(c) We reserve the right to discontinue your Member Account at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Site without notice if your conduct impacts our name or reputation or violates the rights of any other Member or third party.

(d) If you want to terminate the Terms, you may do so by closing your Member Account and terminate your Membership. If you have not logged into your Member Account within a prior six (6) month period, we reserve the right to unilaterally terminate your Member Account.

11. DISCLAIMER

(a) The information and content of Cryptocoin is for your general information only. It is not intended to provide legal, business or financial advice and should not be relied upon as our advice, approval, recommendation or endorsement of that information. Do not use any information on this Site as a substitute for obtaining your own professional advice.

(b) We make no statements or guarantees relating to the operation of our Service, or that the information and material provided through our Service is accurate, suitable for you, always available, complete or current. We encourage you to check the accuracy of any information provided through our Service.

(c) We do not give you any assurances that the information on our Site will be suitable for your purposes or that any of the Works will be error free. You agree that you will not rely on the information on our Site or the availability of our Works and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice where appropriate.

(d) Any views or opinions published on the Site are not necessarily those of Cryptocoin. No responsibility is accepted by Cryptocoin, its subsidiaries, officers or employees for the accuracy of any statement, opinion or advice contained in any content, text or advertisements, and to the full extent allowed by law, Cryptocoin excludes liability for any loss or damage sustained by Users arising from, or in conjunction with, the supply or use of information on Cryptocoin through any cause.

(e) You accept sole responsibility associated with the use of any information or material on the Site or obtained through the Site irrespective of the purpose for which such use or results are applied. You agree that you will seek professional advice before acting or failing to act upon any information provided.

(f) The nature of the Internet means that your Service or communications may be susceptible to data corruption, unauthorised access, errors, interception and delays (“Interruptions”). Cryptocoin disclaims any liability for these Interruptions or any incomplete information, inaccuracies or errors, whether caused by Cryptocoin or Users of Cryptocoin or by any of the equipment or programming associated with or utilised in Cryptocoin.

(g) You accept that we may cease making parts of the Works available where that is appropriate in our reasonable commercial judgment (for example because it has become out of date, because there is some problem with it or because appropriate rights clearances have ceased or are not available).

(h) If there is anything which you believe to be factually inaccurate in any material published on our Site, please Contact Us.

12. LIMITATION OF LIABILILITY

(a) To the full extent permitted by law, we disclaim all liability for any claims, loss, damage, costs (including legal costs), expense or liability of any kind suffered by you or any other person in connection with our Service, whether direct, indirect, consequential or special and whether we were aware of the possibility of that loss or damage or whether it was due to our negligence or otherwise. You unconditionally release us and our officers, employees, agents, contractors and advisors from any such liability.

(b) You are liable for any claims by other users, third parties or us for loss, damage, costs or expenses suffered in connection with your use and participation in our Service and material that you provide us (including claims it is defamatory or infringes confidentiality or intellectual property rights) and you must indemnify us and our officers, employees, agents, contractors and advisors against any such claims.

(c) You agree that our Service are provided “as is” and specific results cannot be guaranteed. It is your sole responsibility to determine that the Service or any part of these meet your needs or are otherwise suitable for the purposes for which they are used. None of our affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Service referred to on the Site.

(d) These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible we limit our liability as follows, at our option:

(i) for any claims relating to these Terms, the fees for the payment of the Service;
(ii) in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or
(iii) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

This limitation applies to any supply under or related to these Terms including the supply of the Service and covers loss of data, any viruses or other disabling features that affect your access to or use of the Site, incompatibility between the Site and your hardware or software, delays or failures you may have in using the Site including any connections or transmissions that fail or are not completed in an accurate or timely manner.

(e) This clause survives the termination or expiry of this Agreement for whatever reason.

13. INDEMNITY

(a) You agree to defend, indemnify and hold us, our affiliates, employees, agents, contributors, third party content providers and licensors harmless from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your access to our Site and its Copyright Material;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Site or attempts to do so; and/or
(iii) any breach of the Terms.

(b) We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

14. DISPUTES

(a) If a dispute arises out of or relates to the Terms as between us and a Member, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):

(i) Compulsory process. A party may not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (Dispute) unless it has complied with this clause.
(ii) Notification. A party claiming that a Dispute has arisen may notify each other party to the Dispute giving details of the Dispute.
(iii) Initial period – efforts to resolve Dispute. During the 30-calendar day period after a notice is given (or longer period agreed in writing by the parties to the Dispute) (Initial Period) each party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
(iv) Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:

(1) a mediator agreed on by the Disputants; or
(2) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Disputants must submit the Dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.

(v) Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
(vi) Information. Any information or documents disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute.
(vii) Costs of mediation. Each Disputant shall pay its own costs. The Disputants may pay equally the costs of any mediator engaged.
(viii) The mediation will be held in Brisbane, Australia.
(ix) Failure to resolve. After the Initial Period, a Disputant that has complied with this section may terminate the dispute resolution process by giving notice to each other Disputant. A party to a Dispute will only be entitled to pursue other remedies available to it at law or otherwise, if the parties have failed to resolve the Dispute within thirty (30) calendar days after commencement of dispute resolution.

15. PRIVACY

(a) In these Terms, personal information has the meaning as defined in the Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth). Please refer to our Privacy Policy which is made a part of these Terms.

(b) If you are a non-Australian user of the Site, you agree that your personal information is stored in our servers in Australia and is subject to the applicable Australian Privacy Laws. You accept that by providing us your personal information, we will deal with such personal information as set out in our Privacy Policy.

16. ADVERTISING AND LINKS

(a) The Site may contain links and other pointers to Internet Sites or applications operated by third parties.

(b) We do not control these linked Sites and are not responsible for the contents of any linked Site. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those sites. Your access to any such Site is entirely at your own risk. You should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.

17. CONTRIBUTIONS

(a) Your contributions, feedback and reviews are important to us. We welcome and encourage you to provide reviews, feedback, images, photos, reviews, comments and suggestions for improvements to the Site and our Service (collectively “Contributions”). You may submit Contributions by emailing us at contributions@cryptocoin.com.au

(b) You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise use the Contributions or any part of the Contributions for any purpose, whether online or not, including on social media (but not limited to) advertising, promotional and review purposes.

18. OUR DETAILS

(a) This Site is owned and operated by Crypital Pty Ltd (ACN 624 348 625).

(b) Our principal place of business is in Moreton Bay, Queensland, AUSTRALIA.

(c) Out postal address is:

Crypital Pty Ltd
Re: Cryptocoin.com.au
PO Box 291
KIPPA-RING QLD 4021

(d) You can contact us:

(i) by post, using the postal address given above;
(ii) by email or telephone, on the contact details published on our Site from time to time.

ALL RIGHTS RESERVED.

Terms last updated 1 March 2018.