The Company operates the Cryptocurrency Australia platform for its Customers and Subscribers to access educational courses, blogs, videos and other forms of electronic content. Purchasing and use of the Course and Site is subject to these Terms of Service.
None of the information provided on the Course and Site by the Company or any other Customer or Subscriber constitutes financial advice and shall not be treated as such by any Customer or Subscriber.
1 KEY DEFINITIONS
1.1 The following terms are used regularly throughout these Terms of Service and have a particular meaning:
- ABN means Australian Business Number.
- ACN means Australian Company Number.
- Agreement means these Terms of Service.
- Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.
- Course means the videos, links, quizzes, and all electronic & digital content which may be accessible via the following platforms (as may be updated from time-to-time):
- The Site;
- Course Standards has the meaning described in clause 3 of this Agreement.
- Company means Stoner & Associates Pty Ltd ABN 42 624 975 364.
- Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
- Intellectual Property Rights means, for the duration of the rights in any part of the world, any Moral Rights, industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property, applications for the registration of any Intellectual Property and any improvements, enhancements or modifications to any Intellectual Property registrations.
- Customer means a registered user of cryptocurrencyaus.com that uses the features associated with a Customer account.
- Course Content means images, information, documents or other data that is uploaded or input into the Course that forms part of Cryptocurrency Australia’s Intellectual Property (but does not include statistical, analytical or other non-personal derivative data generated by use of the Customer).
- Moral Rights means:
- Moral rights pursuant to the Copyright Act 1968 (Cth);
- Or any rights analogous to the rights set out in Article 6bis of the Berne Convention for Protection of Literary and Artistic Works 1886 (as amended from time to time).
- Privacy Act means the Privacy Act 1988(Cth).
- Site means the Course website https://cryptocurrencyaus.com/.
2 USING THE COURSE
2.1 Customer Access
- To access the Course, the Customer must log into the Site and have setup their account and purchased the course.
- To access the Course, the Customer agrees to the terms of:
- This Agreement;
- Any Course Standards imposed by the Company
- The Company may suspend the account or restrict the access of any Customer that breaches the terms of this Agreement.
- The Customer agrees to use the Course in accordance with any instructions provided by the Company, within the Course and/or on the site.
3 COURSE STANDARDS
3.1 Basic Standards
- The Customer agrees that they shall only use the Course for lawful purposes and shall not use it to engage in any conduct that is discriminatory, unlawful, immoral, threatening, or in a way that is deemed unreasonable by the Company in its discretion.
- The Customer agrees that any information made available in the Course, from the Company or any other Customer, is for private use only and must not be publicly disseminated by the Customer.
- The Customer agrees that the Company may, in its discretion, cancel the licence granted under this Agreement to any Customer that materially breaches clauses (a) and/or (b)
3.2 3.2 Lodging a Complaint
- If a Customer believes that has an issue or complaint with the Course Content, the Customer may lodge a complaint to the Company via email at firstname.lastname@example.org
- The Company may suspend or delete the account of any Customer that has acted in a manner that contravenes the Course standards.
- The Company will advise the Customer of a suspended or deleted account of the decision to do so but is under no obligation to identify a complainant.
- The Company’s decision whether or not to suspend or remove a Customer account is at its absolute discretion. The Company’s decision shall be final and not subject to review.
4 CUSTOMER CONTENT
The Customer understands and agrees that:
- The Course may enable the Customer to upload or create Customer Content, but that by doing so the Customer shall not acquire an interest to any Intellectual Property owned by the Company, which may exist in the Course.
- Customer Content is the sole responsibility of the person that provided the Customer Content to the Course.
- The Customer indemnifies the Company for any Customer Content that is illegal, offensive, indecent or objectionable that the Customer makes available using the Course.
- The Company may suspend accessibility to Customer Content via the Course that the Company determines is illegal, offensive, indecent or objectionable in its sole discretion.
- To the extent permitted by law, under no circumstances will the Company be liable in any way for Customer Content.
- The Customer warrants that it has all necessary Intellectual Property Rights to use Customer Content and shall indemnify the Company for any infringement the Customer commits of third-party Intellectual Property Rights by using Customer Content on the Course.
5 COURSE FEES
5.1 Fees The Customer understands and agrees that:
- The primary Fee to have access to the Course shall be the Course Fee, which is payable in advance.
- The Course Fee to access the Course shall be in accordance with the pricing listed on the Course from time-to-time.
- The Customer agrees to make payment in accordance with their selected payment period, via the online payment gateway accessible via the Site, in such form of fiat currency or cryptocurrency as may be directed by the Company.
- The Company reserves the right to introduce or change any Fees from time-to-time.
- The Course may provide credits, free access or other incentives to some or all of its Customers from time-to-time in its absolute discretion.
- If the Customer has any queries regarding the Course Fees or payment, they may contact email@example.com.
5.2 Currency. All Fees are quoted in fiat dollars however transactions may be processed in an equivalent cryptocurrency, payable will be in accordance with the Course Fee’s equivalent exchange as determined by the Sites CoinPayments payment processor.
5.4 Refunds No refunds of Fees are offered other than as required by law.
5.6 The Customer agrees that the Company shall not be responsible or liable in any way for:
- Interruptions to the availability of the Course in the event of 5(a);
- Loss of Customer Data in the event of 5(b).
7 GENERAL CONDITIONS
- The licence granted to the Customer under this Agreement is limited, non-exclusive, and revocable.
- The Company may revoke or suspend the Customer’s licence in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the Customer (or any user that the Customer allows to access its account).
7.2 Modification of Terms
- The terms of this Agreement may be updated by the Company from time-to-time.
7.3 Use & Availability
- The Customer is solely responsible for the security of its username and password for access to the Course. The Customer shall notify the Company (through the Course) as soon as it becomes aware of any unauthorised access of its the Course account.
- The Customer agrees that the Company shall provide access to the Course to the best of its abilities, however:
- Access to the Course may be prevented by issues outside of its control; and
- It accepts no responsibility for ongoing access to the Course.
- The Company provides user support for the Course via the email address firstname.lastname@example.org.
- The Company shall endeavour to respond to all support requests from Customers within 2 Business Days.
- The Company reserves the right to require the payment of reasonable fees for non-standard support requests prior to the provision of such support.
- The Company makes no warranty as to the suitability of the Course in regards to the Customer’s privacy obligations at law or contract, and it is the Customer’s responsibility to determine whether the Course is appropriate for the Customer’s circumstances.
- The Company takes the security of the Course and the privacy of its Customers very seriously. The Customer agrees that the Customer shall not do anything to the security or privacy of the Company’s systems or the information on them.
- The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the Customer to ensure that any transmission standards meet the Customer’s operating and legal requirements.
- Data that is stored by the Company shall be stored according to accepted industry standards.
- The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific Customer Data from any period of time unless so stated in writing by the Company.
7.7 Intellectual Property
- The Company has moral, unregistered and registered rights in its trade marks and the Customer shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
- Third Party Intellectual Property.The Company may use software and other proprietary systems and Intellectual Property (including open source systems) for which the Company has appropriate authority to use, and the Customer agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The Customer warrants that it shall not infringe on any third-party rights through the use of the Course.
- The Course platform. The Customer agrees and accepts that the Course is the Intellectual Property of the Company and the Customer further warrant that by using the Course the Customer will not:
- Copy the Course or the services that it provides for the Customer’s own commercial purposes; and
- Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Course or any documentation associated with it.
- All content (with the exception of Customer Data) remains the Intellectual Property of the Company, including (without limitation) any videos, documents, analysis, source code, analytics, insights, aggregations, ideas, enhancements, feature requests, suggestions or other information provided by the Customer or any other party with respect to the Company.
7.8 Disclaimer of Third Party Services & Information
The Customer acknowledges that the Course has dependencies on third-party services, including but not limited to:
- Banks, credit card providers and/or Bpay;
- Third Party Service Providers;
- Building control systems;
- Telecommunications services;
- Hosting infrastructure services;
- Email services; and
- Analytics services.
The Customer agrees that the Company shall not be responsible or liable in any way for:
- Interruptions to the availability of the Course due to third-party services; or
- Information contained on any linked third-party website.
7.9 Liability & Indemnity
- The Customer agrees that it accesses the Course at its own risk.
- In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, personal injury, death, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the Customer’s access to, or use of, or inability to use the Course, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, loss, personal injury or death, or business interruption of any type, whether in tort, contract or otherwise.
- Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
- The re-supply of services or payment of the cost of re-supply of services; or
- The replacement or repair of goods or payment of the cost of replacement or repair.
- The Customer may terminate this Agreement by giving the Company written notice (and or cancelling its account in the Course).
- The Company may terminate this Agreement immediately by providing the Customer written notice.
- Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
- Termination does not affect any of the rights accrued by a party prior to termination, and the rights and obligations under clauses 7.8, 7.9, 7.10, 7.12, 7.13, and 7.14 survive termination of this Agreement.
7.11 Dispute Resolution
- If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
- Includes or is accompanied by full and detailed particulars of the Dispute; and
- Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
- Within 10 Business Days after a Dispute Notice is given, a representative from each of the parties with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
- Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
- Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
- Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
7.12 Electronic Communication, Amendment & Assignment
- The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
- The Customer can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the Customer of a change of details from time-to-time.
- The Company will send the Customer notices and other correspondence to the details that the Customer submits to the Company, or that the Customer notifies the Company of from time-to-time. It is the Customer’s responsibility to update contact details as they change.
- A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
- Notices must be sent to the parties’ most recent known contact details.
- The Customer may not assign or otherwise create an interest in this Agreement without the written consent of the Company (which shall not be unreasonably withheld).
- The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the Customer.
- Special Conditions. The parties may agree to any special conditions to this Agreement in writing.
- To the extent this Agreement is in conflict with, or inconsistent with any special conditions made under this Agreement, as relevant, the terms of those special conditions shall prevail.
- Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
- The relationship of the parties to this Agreement does not form a joint venture or partnership.
- No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
- Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
- Governing Law. This Agreement is governed by the laws of NSW, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
- Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
- The following rules apply unless the context requires otherwise:
- Headings are only for convenience and do not affect interpretation.
- The singular includes the plural and the opposite also applies.
- If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
- A reference to a clause refers to clauses in this Agreement.
- A reference to legislation is to that legislation as amended, re‑enacted or replaced, and includes any subordinate legislation issued under it.
- Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
- A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
- A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
- A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.