Website Terms of Use

By accessing or using www.cryptocurrencies.com.au (Website), you agree to be bound by these terms and conditions of use (Terms of Use).  This Website is owned and operated by Cryptocurrencies Pty Ltd ATF The Cryptocurrencies Trust t/as Cryptocurrencies (Cryptocurrencies).  You acknowledge that Cryptocurrencies provides access to the Website to you subject to these Terms of Use.

If you do not accept with these Terms of Use, you should not use the Website or any service offered by Cryptocurrencies via the Website (Service).

1.                 Cryptocurrencies

  • The Website and Services allow you to obtain information about cryptocurrencies (Cryptocurrency Information).
  • Cryptocurrencies is not responsible or liable for any loss or damage you may suffer or incur in connection with any product or service you obtain from any Cryptocurrency Information after using the Website or for any acts, omissions, errors or defaults of any Cryptocurrency Information or other third party in connection with that product or service.
  • Cryptocurrencies may receive a commission in respect to certain Cryptocurrency Information for providing certain Services to you, including if you use the Website or Services to purchase products relating to the Cryptocurrency Information.

2.                 Privacy and your personal information

  • Your personal information will be collected, held, used and disclosed by Cryptocurrencies in accordance with the terms of its privacy policy from time to time, available at cryptocurrencies.com.au/privacy (Privacy Policy).
  • The Privacy Policy is incorporated into these Terms of Use by reference.

3.                 Proprietary rights

  • You acknowledge and agree that Cryptocurrencies owns, or is licensed to use, all legal right, title and interest in and to the Website and the Services. You further acknowledge that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Cryptocurrencies or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
  • Unless you have agreed otherwise in writing with Cryptocurrencies, nothing in these Terms of Use gives you a right to use any of Cryptocurrencies, trademarks, service marks, logos, domain names or other distinctive brand features. Unless you have been expressly authorised to do so in writing by Cryptocurrencies, you agree that you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

4.                 Licence from Cryptocurrencies

  • Unless indicated otherwise, all intellectual property in the Website and the Services is owned by or licensed to Cryptocurrencies. Subject to these Terms of Use, Cryptocurrencies grants to you a non-exclusive, revocable and non-transferable limited licence to view, download and use information directly accessible through the Website and the Services. You agree that, subject to your use of the Website and Services in accordance with the limited licence granted to you, you will not infringe Cryptocurrencies intellectual property in the Website or the Services and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website or Services in a way which will infringe Cryptocurrencies or any other third party’s intellectual property or other rights.
  • Cryptocurrencies also grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Cryptocurrencies for use in accessing the Service.

5.                 Prohibited Uses

  • You must not use the Website or any Service:
  • for any commercial purpose;
  • in an unlawful manner or for any unlawful purpose;
  • in any manner which is inconsistent with these Terms of Use; or
  • in any manner that could damage, disable overburden, compromise or impair or systems or security or interfere with other users.
  • You must not modify, add to, remove, deface, hack, insert malicious code into or otherwise interfere with the Website or any content displayed on the Website.

6.                 Breach of these Terms of Use

If you breach any provision of these Terms of Use, Cryptocurrencies may immediately issue a warning, temporarily suspend or permanently prevent your access to all or certain parts of the Website.

7.                 Disclaimer

  • Cryptocurrencies does not endorse or rate any cryptocurrencies listed or mentioned on the Website, nor does Cryptocurrencies encourage its readers to invest in any particular cryptocurrency. Investing in cryptocurrencies is considered a high-risk activity and Cryptocurrencies strongly encourages all investors to perform due diligence before considering an investment.
  • Cryptocurrencies does not endorse any initial coin offering, cryptocurrencies listed or cryptocurrency service providers, mentioned, or linked to on our site. If a “media release” contains any mention of an ICO, we encourage our readers to exercise caution prior to considering any involvement with the cryptocurrency or initial coin offering.
  • Cryptocurrencies does not endorse or vouch for the accuracy or authenticity of any postings on the Website.
  • No-one is permitted to make postings as a licensed investment adviser, or as a representative of a licensed adviser on the Website.
  • Postings on the Website are at best general information, not professional investment advice prepared by taking into account any individual circumstances and needs of particular investors. Therefore, before acting on the basis of what is said in a posting, you should:
    • consider consulting a licensed adviser (ASIC’s website at www.asic.gov.au has a list of licensed advisers); and
    • visit ASIC’s consumer website at www.fido.gov.au for general guidance about investing.
  • If you make a posting or comment on the Website you are individually responsible for the accuracy and authenticity of your posting and/or comment.
  • Because of the nature of the internet, it may be hard to identify or locate the person making a posting. The person may also be in an overseas jurisdiction, so it may be hard to take any legal action against them.
  • You will have no access to ASIC-approved dispute resolution schemes to recover any losses you may suffer by relying on the postings.
  • Securities cannot be offered to you for sale or issue through postings on the Website.
  • It is advisable that you alert Cryptocurrencies or ASIC Infoline on 1300 300 630 if you have good reason to suspect that any postings are inaccurate, are based on inside information or are likely to mislead or deceive people who view or use the postings on the Website.
  • You are personally responsible for your postings on the Website (including any alterations you make to postings). Therefore, you should not include any misleading or deceptive information in your postings and not carry out illegal or unauthorised activities using the Website. Information in postings may, where appropriate, be made available to ASIC. ASIC and people acting on such information may take action against you.
  • If you include hyper-links to other sites, you may be seen as endorsing the material on such sites. It may be advisable for you to warn people accessing other sites that you do not endorse or take responsibility for material in the hyper-linked sites.
  • If you own or have some other interest in a security, or you have any connection with a securities issuer that you might benefit from, you must disclose that fact. For example, you may be entitled to receive direct or indirect commissions, fees or other benefits from a financial product or service provider; or you may be associated with a particular securities issuer such as by being an employee or director of a securities issuer. If so, you must disclose that fact in your posting on the Website.
  • If Cryptocurrencies finds or reasonably suspects that you are making illegal or unauthorised postings, your right to make postings on the Website will be withdrawn.
  • Subject to the provisions of the Competition and Consumer Act 2010 (Cth):
  • the Website and the Services are provided “as is” and without any guarantee, warranty or condition, express or implied;
  • Cryptocurrencies does not guarantee or warrant that the Website or any Service is accurate, suitable for your purposes or without errors, omissions or viruses;
  • Cryptocurrencies does not guarantee continuous, uninterrupted or secure access to the Website or any Service;
  • you acknowledge that access to and use of the Website or any Service (including any software operating in connection with the Website) may be interfered with by numerous factors outside of Cryptocurrencies control;
  • Cryptocurrencies does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the Website or any Service;
  • Cryptocurrencies makes no guarantees, representations or warranties in respect of the information and materials available on the Website or in any Service or the means of accessing that information and material (including any software operating in connection with the Website); and
  • Cryptocurrencies makes no guarantees, representations or warranties in respect of the suitability or fitness for purpose of the cryptocurrencies referred to on the Website or via any Service, nor does Cryptocurrencies warrant or represent that the cryptocurrencies contained in the Cryptocurrency Information comprise are the only cryptocurrencies available in the market.
  • Cryptocurrencies makes no guarantee, warranty or representation and accepts no responsibility for any websites operated or controlled by entities other than Cryptocurrencies, which are or may become linked or framed to or from the Website.
  • Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  • Due to the global nature of the internet, users outside of Australian jurisdiction may access the Website. The Website is not intended to be a forum for discussion of cryptocurrencies that may be offered outside of the jurisdiction, nor is it intended for use by a person outside of the jurisdiction. As such, Cryptocurrencies is not subject to regulatory controls that may exist outside of the jurisdiction.
  • No one is permitted to make postings on the Website in their capacity as a representative of an Australian Financial Services Licence holder (AFSL Holder) or as an authorised representative of an AFSL Holder. By accepting these Terms of Use you confirm that you will not make postings in your capacity as a representative of an AFSL Holder or an authorised representative of an AFSL Holder.

8.                 Limitation of Liability

  • You agree that Cryptocurrencies is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms of Use, in tort (including negligence) or otherwise arising out of, or in connection, with:
  • the use of the Website or Services;
  • the use by Cryptocurrencies of information provided by you to Cryptocurrencies through or in connection with the Website or any Services; and
  • being unable to access the Website for whatever reason and however arising, including (without limitation) negligence.
  • If a mandatory term is implied by law or a mandatory consumer guarantee applies to goods or services provided in connection with these Terms of Use, to the maximum extent permitted by law, Cryptocurrencies liability for breach of the term or guarantee is limited, at Cryptocurrencies option to:
  • in the case of goods not of a kind ordinarily acquired for personal, domestic or household use or consumption, either replacement or repair of the goods or payment of the cost of replacing or repairing the goods; and
  • in the case of services not of a kind ordinarily acquired for personal, domestic or household use or consumption, to either resupply of the services or the cost of the resupply of the services.
  • You indemnify Cryptocurrencies against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Cryptocurrencies, arising from, or which is directly or indirectly, related to:
  • your use of the Website or Services;
  • your connection to the Services;
  • your breach or non-observance of any term of these Terms of Use; or
  • any breach or inaccuracy in any representations or warranties made to Cryptocurrencies.

9.                 Collection Statement

Each time you visit the Website and use the Services, Cryptocurrencies may collect personal information from you.  In most cases, Cryptocurrencies will only collect personal information which you voluntarily provide to us for the purpose of using our services, such as contact details.  We may also obtain personal information about you from third parties and each time you visit our website, as certain information, including location data, may be collected automatically. In some circumstances, we may collect your personal information to enable us to promote and market services and products.  If you do not want us to contact you about these products and services, please contact us.

If we are not able to collect your personal information, we may not be able to provide you with the Service(s) you require.

Personal information which we collect, may be disclosed to service providers (as some of the information we collect is stored by, or otherwise accessible by, our third party providers). Some of these service providers may be located outside of Australia.

Our privacy policy, www.cryptocurrencies.com.au/privacy, contains further information about how you may access and seek correction of your personal information held by us, as well as information about how you may make a complaint against us regarding breach of our privacy obligations and how we will deal with that complaint

10.            Conduct of Members

  • If you upload or otherwise provide any information or content, including data, text, images, photographs and audio files (Content) in the course of accessing or using the Website, you agree that such Content will be available to Cryptocurrencies to use in any manner it thinks fit, subject to applicable provisions of any legislation including, without limitation, privacy legislation. You agree that you will not upload or otherwise provide any Content which:
  • harm minors in any way;
  • is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading or confidential;
  • infringes the intellectual or other proprietary interests of third parties;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Cryptocurrencies considers to be inappropriate;
  • contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms of Use;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, ASIC, any rules of any cryptocurrency exchange and any regulations having the force of law;
  • harass another member;
  • collect or store personal data about other users;
  • forges information to disguise the origin of any Content; and
  • encourages or incites any other person to engage in any of the above behaviour.
  • Cryptocurrencies will not own any Content you provide. You agree to grant Cryptocurrencies a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright and all other intellectual property rights in any Content, in all media now known or not currently known.  You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in Cryptocurrencies favour.
  • You acknowledge, consent and agree that Cryptocurrencies may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Cryptocurrencies, its users and the public.
  • Cryptocurrencies may, but is not required to, remove, edit and/or monitor Content from time to time.

11.            Special Admonitions For International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. The Website is not intended for people outside of Australia.

12.            Copyright Infringement

Cryptocurrencies makes no representations or warranties with respect to the ownership of, or copyright in, content on this website uploaded, linked or otherwise disseminated by users of our service and in no way represent others who claim to be authors, creators or owners of copyright or other rights thereto. You shall obtain all permission(s) when required and are solely responsible for determining the existence of such rights, satisfying any copyright or other use restrictions, intangible rights, or related interests for obtaining any and all permissions and releases, for guarding against the infringement of those rights that may be held elsewhere, and for paying any associated fees necessary for the reproduction or use of the materials and for rights to any proprietary material depicted, and you expressly assume all responsibility for observing applicable laws of copyright, literary right, trespass, conversion, property right, privacy, publicity and defamation.

13.            Use of Prohibited Software

You must not use any spider, robot, crawler, screen scraper, or other automated similar software, process or device (Prohibited Software) to use or access the Service in any way whatsoever, nor can you use any Prohibited Software (or any similar process) to copy, download or monitor the Service. Search engines may access and index Content on the Service provided that they obey the Robots Exclusion Standard and exclude pages with METATAG markings that are designed to prevent access including indexing, archiving or caching.

14.            Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Cryptocurrencies has no control over such sites and resources, you acknowledge and agree that Cryptocurrencies is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Cryptocurrencies shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

15.            Modifications to Services

Cryptocurrencies may alter the Website or any Service at any time, including by changing the functionality offered by the Website and the Services

Cryptocurrencies reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Cryptocurrencies shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

16.            Termination

You agree that Cryptocurrencies may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Website or Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your account includes (a) removal of access to all offerings within the Website and Service, (b) removal of access to the account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Cryptocurrencies sole discretion and that Cryptocurrencies shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Website or the Service.

17.            Notice

Cryptocurrencies may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Service.

18.            Amendment of Terms of Use

Cryptocurrencies is entitled, at its sole discretion, to amend, add or remove any part of these Terms of Use at any time without notice.  You should periodically read these Terms of Use.  Your continued use of this Website or any Service after any such change to these Terms of Use constitutes an agreement by you to abide by and be bound by these Terms of Use, as amended.

19.            Choice of Law and Use of Website

These Terms of Use are to be governed by the laws of the State of Western Australia, Australia.  Cryptocurrencies has designed the Website and Services for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website or any Services outside the Commonwealth of Australia.