- These terms and conditions (Terms) apply when you use this website, https://www.coincryption.com.au (Website).
- You agree to be bound by these Terms which form a binding contractual agreement between you and us, EnterpreNow Pty Ltd ACN 648 959 460 acting as trustee for Enow Trust ABN 74 810 472 814, trading under the business name ‘CoinCryption’ (CoinCryption, our, we or us).
- If you don’t agree to these Terms, you must refrain from using the Website.
- We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
DISCLAIMER – NO ADVICE
All information provided on the Website is general information, including information that is provided by us:
- on the Website; or
- provided by our personnel via any other website, via email or over the phone.
The information on this Website, or provided by our personnel, should not be interpreted as financial investment advice of any kind and it should not be relied on as such.
You should obtain specific financial and other professional advice before relying on the content of the Website. By not seeking such advice, you accept the risk that the information on the Website or by our personnel, may not meet your specific needs.
Nothing on the Website guarantees any particular outcome for you, and you rely on any information on the Website at your own risk.
You acknowledge and agree that the cryptocurrency market is volatile, high risk, and that information in relation to cryptocurrency is likely to change rapidly. Information on the Website in relation to cryptocurrency may become incomplete or inaccurate quite quickly, due to the volatile and fast-paced nature of the space.
ACCESS AND USE OF THE WEBSITE
THESE TERMS AND APPLICABLE LAWS
- only use the Website in accordance with these Terms and any applicable laws, and
- ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these Terms and any applicable laws.
When you use this Website, you represent and warrant that you have the legal capacity and are of sufficient age to enter into a binding contract with us.
(Types of content) As part of using the Website, you may upload or send us images, content, information and materials you share with us or the public (including personal or business information, feedback, suggestions and enhancement requests), including by using the features of the Website, emailing us, sharing content on social media or by contacting us, or when you register an Account (Posted Material). You represent and warrant that:
- the Posted Material is accurate, true and complete at the time it is provided, including any descriptions, prices, required legal disclosures and any other advertisements, offers or promotional content;
- any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
- the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;
- the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
- the Posted Material does not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (Intellectual Property Rights);
- the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Website or any network or system; and
- the Posted Material does not breach or infringe any applicable laws.
- You grant to CoinCryption a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for CoinCryption to use, exploit or otherwise enjoy the benefit of such Posted Material.
- If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release CoinCryption from any and all claims that you could assert against CoinCryption by virtue of any such moral rights.
- You indemnify CoinCryption against all damages, losses, costs and expenses incurred by CoinCryption arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
- CoinCryption acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, we may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Website) at any time without giving any explanation or justification for removing the material and/or information.
- You agree that you are responsible for keeping and maintaining records of Posted Material.
You agree to release CoinCryption from any and all liability for any loss or damage that arises out of or in connection with information or material you provide to us (including any Posted Material) that is not accurate, complete, honest, correct or up-to-date
You must not:
- copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of CoinCryption;
- use the Website for any purpose other than the purposes of browsing the Website;
- use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
- use the Website with the assistance of any automated scripting tool or software;
- act in a way that may diminish or adversely impact the reputation of CoinCryption, including by linking to the Website on any other website; and
- attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
- gaining unauthorised access to Website accounts or data;
- scanning, probing or testing the Website for security vulnerabilities;
- overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
- instigate or participate in a denial-of-service attack against the Website.
INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
- the Website will be free from errors or defects;
- the Website will be accessible at all times;
- messages sent through the Website will be delivered promptly, or delivered at all;
- information you receive or supply through the Website will be secure or confidential; or
- any information provided through the Website is complete, accurate or true, or will cause any particular outcome.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.
- CoinCryption retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
- You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from CoinCryption or as permitted by law.
AFFILIATES, LINKS TO OTHER WEBSITES
- CoinCryption may work with partners and affiliates (Affiliates) whose websites are linked to the Website, and whose products or services are listed on the Website.
- CoinCryption has no control over the content or quality of the products or services provided by Affiliates and we make no guarantees about those products or services.
- Affiliates are separate entities from CoinCryption and CoinCryption does not represent or otherwise act on behalf of any Affiliate.
- We will take reasonable steps to ensure that we indicate on the Website if we will, or may, receive compensation in relation to an Affiliate link.
LINKS TO OTHER WEBSITES
- The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
- Links to third party websites, including Affiliate websites, are provided for convenience and may not be maintained or remain current. We do not endorse and are not responsible for the content on third party websites and have no control over or rights in them.
- Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
- You may be required to accept additional terms located on third party websites.
CoinCryption does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with the use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our Website and/or the information or materials contained on it. You agree to indemnify us for any loss or liability arising out of your use of this Website.
GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Western Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation;
- (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
- (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.