Terms & Conditions
Terms and Conditions
These Terms and Conditions in conjunction with our Disclaimer and Waiver found at www.thecrypto.land (> FAQ > What are your Terms & Conditions) (Terms) govern your use of our website thecrypto.land (our Site), our YouTube channel found at youtube.com/user/adamstokes224 (our Site and Youtube channel together referred to as “Platforms”) and the Services (defined in clause 4) provided by THE CRYPTO LAND COMPANY PTY LTD (ACN 651 156 562) (we, us, our), and forms a binding contractual agreement between us and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at info@thecrypto.land before using the Platforms or engaging our services.
Subject to any subsequent agreements you may be required to enter with us, these Terms, the Disclaimer and Waiver and constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into these Terms.
Your personal information is collected and dealt with in accordance with our Privacy Policy found at www.thecrypto.land (> FAQ > What is your privacy policy?).
1 ACCEPTANCE OF TERMS
1.1 By accessing or using the Platforms or paying any amount to us in respect to the Services or otherwise instructing us to proceed with the Services in writing, you acknowledge that you have read and understood the Terms and agree to be bound by them, and all our other policies.
2 VARIATIONS TO TERMS
2.1 We reserve the right, in our sole discretion, to vary, change or amend any part of these Terms.
2.2 In that event, we will provide notice of the variation by publishing the updated Terms on our Site.
2.3 The updated Terms will be taken to have effect on the date of publication.
2.4 Your continued use of our services, and the Platforms constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.
2.5 Should you object or disagree to the Terms, your only remedy is to contact us at info@thecrypto.land.
3 ADDITIONAL WORK
3.1 Any requested additions to our Services will incur additional charges or fees.
3.2 You agree that the Fee for Additional Work shall be payable in accordance with clause 6.1.
3.3 All Additional Work must be submitted and approved by both parties in writing by email.
4 SERVICES
4.1 Our Services involve providing coaching sessions on the topic of cryptocurrency (Services).
4.2 Coaching sessions will take place over Zoom or another online video conference software agreed between the parties.
4.3 You acknowledge that we do not provide any financial advice during our coaching sessions, and are merely providing general information and education relating to investments, currencies, such as cryptocurrencies, economics, business, technology and innovation.
4.4 For further details of what is included in a coaching session please contact us at info@thecrypto.land.
5 FEES
5.1 The fees for our Services (Fees) are as provided by us via email or over the phone.
5.2 All Fees for our Services are to be paid in USD, AUD, Bitcoin, Ethereum or Cardano, as agreed between the parties to our nominated wallet address.
5.3 All Fees are exclusive of GST (if applicable) unless indicated otherwise, and exclude delivery charges and customs duty and other taxes, if applicable.
5.4 We reserve the right to modify, cancel and limit any of our Fees or Services at any time.
6 PAYMENTS
6.1 We can provide tax invoices upon request and require payment of our Services on the day or within 5 business days of the date of each of your coaching sessions and you agree to pay the Fees using the payment method specified in clause 5.2.
6.2 If you fail to pay our fees when due, as indicated on the invoice, you acknowledge that we reserve the right to suspend or terminate our Services. We will not be liable for any loss suffered by you as a result of such suspension or termination.
6.3 If payment is not made in accordance with the terms of this Agreement, we in our sole discretion may require you to pay interest on all outstanding monies from the due date until the date of payment at the rate of 8% per annum accruing daily.
6.4 We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
6.5 You must pay us all fees and other amounts without set-off or claim under any circumstances, including if a dispute exists in relation to the Services provided.
7 DISCLAIMER AND WAIVER
7.1 You acknowledge that you have read and agree to our Disclaimer and Waiver found www.thecrypto.land (> FAQ > What is your Disclaimer and Waiver Policy?).
8 YOUR OBLIGATIONS
8.1 During the delivery of our Services, you agree to:
(a) respond promptly to our communications in relation to the Services;
(b) provide, within a reasonable amount of time, accurate, complete and current information or documentation reasonably required by us to perform the Services; and
(c) act in good faith.
9 CONFIDENTIALITY
9.1 Each party (Recipient) must keep secret and confidential and not disclose any Confidential Information to any third party (which is or has been disclosed to the recipient by the other party, its representatives or advisers), or these Terms, except:
(a) where the information is in the public domain as at the date of these Terms (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on the Recipient);
(b) if the Recipient is required to disclose the information by applicable law or the rules of any other document with statutory content requirements, provided that the Recipient has to the extent practicable having regard to those obligations and the required timing of the disclosure consulted with the provider of the information as to the form and content of the disclosure;
(c) where the disclosure is expressly permitted under these Terms and Conditions or is required to give effect to these Terms and Conditions;
(d) where the disclosure is required for use in legal proceedings regarding these Terms and Conditions; or
(e) if the party to whom the information relates has consented in writing before the disclosure.
9.2 Each Recipient must ensure that its personnel comply in all respects with the Recipient's obligations under this clause.
9.3 Definitions
Confidential Information means all information (whether or not it is described as confidential) in any form or medium concerning any past, present or future information or affairs of a party including, without limitation:
(a) all technical or non-technical data, formulae, patterns, programs, devices, methods, reports, templates, techniques, plans, drawings, models and processes, source and object code, software and computer records;
(b) all financial information including, investments, structures and remuneration details;
(c) all information provided by one party to the other in the course of providing the Services;
(d) all business and marketing plans and projections, details of agreements and arrangements with third parties, and customer and supplier information and lists;
(e) all information concerning any customer, client, client databases, employee, contractor, supplier or agent of a party; and
(f) all policies, procedures and precedents of a party;
but excludes information that a party:
(g) can establish is known by or in their possession or control, other than through breach of this Agreement and is not subject to any obligation of confidence;
(h) can establish is in the public domain other than by a breach of this Agreement or any obligations of confidence; or
(i) is required by Law to disclose or retain, but only to the extent that the law requires such disclosure or retention;
9.4 This clause survives termination or expiry of these Terms.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 References to Intellectual Property Rights means all intellectual property rights of any kind, in any jurisdiction, subsisting now or in the future (including business, company or trade names, domain names, patents, inventions, copyright, design rights, know-how, trademarks, the right to sue for passing off and rights to use, and protect the confidentiality of, confidential information), whether registered or unregistered, and including the rights to apply for or renew the registration of any such rights and any rights the subject of any lapsed application or registration.
10.2 The Platforms and any information or documents (Materials) provided to you by us in providing the Services is protected by Intellectual Property Rights. All content on the Platforms or contained in the Materials, including, but not limited to, registered and unregistered trade marks, business names, service marks, logos, templates, information, text, software, information architecture, coding, graphics, photos, videos, sounds, music, interactive features and the like, (our IP), are owned by us and are subject to copyright and other Intellectual Property Rights under law.
10.3 We shall at all times retain all title, rights and interest in and to the Platform and Materials, including but not limited to:
(a) the Intellectual Property Rights subsisting in the Platform and Materials;
(b) any modifications to, and additions to, the Platform and Materials;
(c) information or data, source codes and other information technology relating to or connected with the Platform and Materials;
(d) marketing information relating to or connected with the Platform and Materials; and
(e) technical information, including trade secrets, drawings, plans, encryptions, codes and product descriptions and information relating to or connected with the Platform and Materials.
10.4 You acknowledge and agree that no right, title or interest in any of the intellectual property rights in the Platform and Materials is transferred or granted to you.
10.5 You undertake not to:
(a) take or permit or omit any action which would or might:
(i) constitute an infringement of our intellectual property rights;
(ii) invalidate or put in dispute the our title to our IP or any part of it;
(iii) oppose any application for registration or invalidate any registration of our IP or any part of it (including without limitation a registration of a patent, registered design or trade mark worldwide);
(iv) support any application to remove or undo the our title in our IP or any part of it; or
(v) assist any other person directly or indirectly in any of the above;
(b) copy, reproduce, distribute, export, adapt, alter, modify, create derivate works, or publicly display any of our IP anywhere in the world, without our prior written consent.
10.6 The trade marks, logos, and service marks displayed on the Platform and Materials, as defined in clause 10.2, are either registered or unregistered trade marks of ours (Marks). The Marks, whether registered or unregistered, must not be used by you in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
10.7 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
10.8 This clause survives termination of these Terms.
11 RIGHT TO SUSPEND, TERMINATE AND REFUND
11.1 We reserve the right to suspend or terminate your use of the Site if you breach these terms, as determined by us in our sole discretion.
11.2 Regarding our coaching sessions, you may cancel a session by providing us with 24 hours’ written notice.
11.3 If you fail to provide us with at least 24 hours’ written notice when cancelling a session, you will still be required to pay for the session.
11.4 We reserve the right terminate your use of our Services for any reason in our sole discretion.
11.5 Refunds are not provided for our Services, other than in accordance with the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act, 2010 (Cth).
12 NON-EXCLUSIVITY
12.1 You acknowledge and agree that we provide our Services on a non-exclusive bases and we may at all, and any times provide our Services to other clients.
12.2 We will however endeavour to protect the Confidential Information you provide us and in accordance with these Terms and our Privacy Policy.
13 DISCOUNTS, PROMOTIONS AND OFFERS
13.1 From time to time, we may offer the opportunity to purchase our services at a discounted or promotional price, subject to these Terms.
13.2 Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published online from time to time on our Site.
14 LIABILITY IS LIMITED
14.1 We provide the Services on an "as is" basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by Law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the services that are not expressly set out in these Terms to the maximum extent permitted by Law.
14.2 Without limiting the generality of clause 14.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our Services.
14.3 Subject to the other terms of this clause, our maximum aggregate liability owed to you in for any loss or damage or injury arising out of or in connection with the supply of our Services under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or the event giving rise to the claim.
14.4 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by law, including but not limited to, those rights under the Australian Consumer Law.
14.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Services or the payment of the cost of resupply.
14.6 Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of investment capital, loss of income, loss of profits, loss of sales or business, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.
14.7 This clause applies to the fullest extent permitted by Law and shall survive termination of these Terms.
15 YOUR INDEMNITY
15.1 You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees, subcontractors and affiliates, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:
(a) your use of our Services or the Platforms;
(b) any claim made against us or you by a third party arising out of or in connection with the use of the Platforms, the provision of our Services and/or these Terms;
(c) any breach of these Terms by you, including any failure to pay any fees on time;
(d) any reliance by you or a third party on our Services or any advice or information provided in connection with the use of the Platforms, the provision of our Services and/or these Terms; and
(e) the enforcement of these Terms.
15.2 You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.
15.3 We are not responsible, and expressly limit our liability to the extent permitted by law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site or by engaging our service.
15.4 This clause survives the termination of this agreement.
16 NO DISPARAGEMENT
16.1 At all times, you must not make public or private statement or comment, whether oral or in writing via any means, which in our reasonable opinion is an adverse to our interests, reputation or commercial standing and is in any respect a disparaging remark or representation about us, our Platforms and/or any of our Services.
16.2 Should you breach this clause, you hereby indemnify us in accordance with clause 15 above.
17 FORCE MAJEURE
17.1 We will not be in breach of these Terms or liable to you for any Loss you incur as a direct result of our failing or being prevented, hindered or delayed in the performance of our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.
17.2 If a Force Majeure Event occurs, we will notify you (Non-affected Party) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.
17.3 On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.
17.4 The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.
17.5 References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
(d) epidemic, pandemic, health emergencies, disease;
(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(f) interruption or failure of utility services (including the inability to use public, private telecommunications networks, servers or third-party hosting platforms); and
(g) the acts, decrees, legislation, regulations or restrictions of any Government Agency;
however does not include a lack of funds.
17.6 The definition of Loss in this clause is as per the definition provided in the Disclaimer and Waiver found here www.thecrypto.land (> FAQ > What is your Disclaimer & Waiver Policy?).
18 LINKED WEBSITES, AFFILIATES OR SPONSORS
18.1 Any links to other websites on our Site, which are not operated by us are not controlled by us and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service contained within each such site.
18.2 As affiliates of certain services we may also receive compensation for recommending, endorsing or promoting services as featured on our Site or in the course of delivering our Services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those services which are not our own.
18.3 We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.
19 ENTIRE AGREEMENT
19.1 These Terms (which we note include the Disclaimers and Waivers) contain the entire understanding and agreement between the parties as to the subject matter of these Terms.
19.2 All previous, understandings, representations, warranties, memoranda or commitments about the Services and Platforms are merged in these Terms and are of no further effect.
19.3 No oral explanation or information provided by a party to another affects the meaning or interpretation of these Terms or constitutes any collateral agreement, warranty or understanding.
20 NO ADVERSE CONSTRUCTION
20.1 The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
21 SEVERABILITY
21.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
22 NO ASSIGNMENT
22.1 You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.
22.2 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.
23 SUB-CONTRACTING
23.1 We are free to sub-contract any of our obligations under these Terms, but such sub-contracting will not release us from our liabilities under these Terms.
24 BINDING ON SUCCESSORS
24.1 These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
25 DISPUTE RESOLUTION
25.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.
25.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
25.3 In the case of Claims made against us, all notices are to be provided to info@thecrypto.land.
25.4 If the dispute is not resolved by agreement within 15. business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 15business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
25.5 Once a mediator is appointed, the parties agree that:
(a) The costs of the mediator shall be borne equally between the disputing parties.
(b) The chosen mediator shall determine the procedures for mediation.
(c) The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
25.6 If the parties have not mediated a resolution of the dispute within 15 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
25.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
25.8 Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
25.9 This clause survives termination of these Terms.
26 APPLICABLE LAW
26.1 These Terms shall be solely construed in accordance with and governed by the laws of the Australian Capital Territory (ACT, Australia).
26.2 You submit irrevocably and unconditionally to the exclusive jurisdiction of the Courts in the Australian Capital Territory (ACT, Australia) to determine any matter or dispute which arises between us.
26.3 You acknowledge and agree that you cannot commence legal proceedings any other jurisdiction other than the jurisdiction listed in clause 26.2.
27 YOUR FEEDBACK
27.1 We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our Privacy Policy for further details.
27.2 If you have questions or comments regarding this Site or our services, please email us at info@thecrypto.land. © Progressive Legal Pty Ltd – All legal rights reserved (2021). These Terms were last updated in January 2021.
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