Terms and Conditions

General Conditions of Use of Website

These Conditions govern your use of and access to the Website.

We may change all or part of the Conditions at any time. If we do, the new Conditions will be posted on the Website. Your subsequent or continued use of the Website will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of the Website.

These Conditions were last updated in December 2015.

General Disclaimer

Our Website material consists of general content only. We give no warranty as to accuracy, currency, completeness, reliability, fitness and suitability of anything on this Website, nor do we accept any responsibility arising in any way from errors or omissions.

Material on this Website is not a substitute for legal, accounting or other professional advice. The material does not take into account your personal circumstances.

In no way are the owners of, operators of, or contributors to, this Website responsible for the actions, decisions, or other behavior taken or not taken by you in reliance upon any material which may be published on this Website from time to time. This includes but is not limited to legal, taxation and technical material. If you choose to act in reliance on any material published on this Website, you do so at your absolute own risk fully aware of the general nature of the material and the disclaimers noted herein.

You should not make any decision to act or not act without seeking professional advice specific to your personal circumstances.

Statistics

Statistics are published for general information only. By using the Website you agree and acknowledge that cryptocurrencies, such as Bitcoins, are extremely volatile and subject to rapid change in value.

Without limiting the generality of any other provision of these Conditions, we give no warranty as to the accuracy, currency, completeness, reliability, fitness and suitability of any statistics published on our Website.

Any forecasts are estimates only and must not be relied upon. Statistics are current at the time of publication only. They do not take into account any factors which may be subject to changes including but not limited to changes to the economy, currency value, laws of any jurisdiction, security, government, environment or political state of any country, even when such changes were reasonably likely and should have been reasonably foreseen at the time of publication.

Statistics may have been compiled using third party data. Whilst we use reasonable endeavors to verify the accuracy of third party data we do not warrant that the third party data or the resulting statistics are accurate or error free.

Statistics relating to results or trends may rely on third party data to the exclusion of other third party data. This exclusion may be intentional or unintentional. The statistics may be bias or self-serving.

You must undertake your own investigations and due diligence with respect to any material published on the Website. You must not act or omit to act in reliance on any statistics published on our Website.

Access

While we use reasonable endeavours to ensure that the Website is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free. Access to the Website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

We reserve the right to change or discontinue any Website, feature or service (or part thereof) on the Website at any time.

Your use of the Website

You must not:

  1. a) use the Website in breach of any applicable laws or regulations or for any unlawful purpose;
  2. b) interfere with, disrupt, or create an undue burden on the Website;
  3. c) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Website;
  4. d) use the Website with the assistance of any automated scripting tool or software;
  5. e) frame or mirror any part of the Website without our prior written authorisation;
  6. f) use code or other devices containing any reference to the Website to direct other persons to any other web page;
  7. g) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so; or
  8. h) delete any attributions or legal or proprietary notices on the Website.

Opinions

Any opinions expressed on the Website are the opinions of the author only and are not attributable to us unless expressly stated. Our publication of such opinions is not to be construed as an endorsement or approval by us of those opinions. Whilst reasonable endeavours will be made to ensure published material is not offensive, defamatory, discriminatory or otherwise unlawful, we do not assume any liability whatsoever for the opinions of contributors whose material is published on our Website.

Third party websites and advertising

We may feature or display links and pointers to websites operated by third parties on the Website (“linked websites”). Such linked websites:-

  1. a) are provided for convenience only and may not remain current or be maintained;
  2. b) do not form part of the Website and are not under our control.

We are not responsible for the content or privacy practices associated with linked websites, and the linked websites should not be construed as an endorsement, approval or recommendation by us or the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless we expressly state otherwise. If you link to any such linked websites, you leave the Website entirely at your own risk.

You must not link to the Website from any other website (or otherwise authorise any other person to link from a third party website to the Website) without our prior written consent.

The Website may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services. If you choose to engage with an advertiser, you do so entirely at your own risk. We are not a party to any arrangement agreed between you and the advertiser and we will not be liable to you for any loss suffered by you as a result of your engagement with an advertiser.

You acknowledge that the advertising on our Website may be paid advertising.

If you contact a third party using functionality provided on the Website, including via e-mail, we do not accept any responsibility for any communications or transactions between you and the relevant third party.

Promotions and Activities

From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties.

You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions, including those relating to the use of your private information. It is your sole responsibility to ensure that you are aware of the applicable terms and conditions before proceeding.

Cross Promotion of Related Businesses

You acknowledge that from time to time we may use the Website to promote, advertise or provide links to our Related Entities or other companies or businesses in which we, or our Related Entities, have an interest or will receive a commission, value, consideration or favour for doing so. It is your sole responsibility to determine whether any promotions, products or services are right for you.

Translations

This Website may contain translations of the English version of content. These translations are provided only as a convenience. The only valid version of this Website is the original untranslated English copy.

Intellectual Property

Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the Website or the material.

The Website contains material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the material published on the Website for your own personal, non-commercial use only.

Except for the temporary copy held in your computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.

In particular, you may not use any material on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, website or other means of distribution.

Nothing displayed on the Website should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the Website without the express written consent of the relevant owner.

Copyright Infringement

If you believe your copyright has been infringed, you will need to send to us a copyright infringement notice identifying the material(s) that you believe infringe(s) the copyright, identify each copyright protected work in which you own the rights and which you believe has been infringed, identify how each copyright protected work has been or is being infringed and include your contact information. You will need to sign the notice and send it to us at support@digitalx.com.

Liability

You use the Website at your sole risk.

To the extent permitted by law, we exclude all liability whether direct or indirect, which may arise as a result of the use of this Website. We will not be liable for any special damages; indirect damages; incidental damages; consequential damages or lost profits under any circumstances.

To the extent that in a particular circumstance any disclaimer or limitation of liability is prohibited by applicable law, then we will be entitled to the maximum disclaimers or limitations available at law or in equity and in no event will that liability exceed $100 Australian Dollars.

We are the only one responsible to you for the Website. To the extent permitted by law, you waive any right you may otherwise have, to pursue any of the Company’s Related Entities (as that term is described in the Corporations Act 2001).

Indemnity

You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Website, including any breach by you of the Conditions.

No Class Actions

You waive any right to pursue disputes on a class-wide basis, that is to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.

Severability

If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.

No waiver

No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.

Affirmation regarding age

By using the Website you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.

Applicable law

These Conditions shall be construed in accordance with and governed by the laws of Western Australia. You consent to the exclusive jurisdiction of the courts in Western Australia to determine any matter or dispute which arises under the Conditions.

Terms used in these Conditions

“Conditions” means these terms and conditions, together with the Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Website.

“Website” means the website www.digitalx.com and all webpages published under the domain digitalx.com regardless of how the Website is accessed by users (including via the Internet, mobile phone or any other device).

“material” means text, illustrations, graphs, photos, audio, video, any combination of these or other material.

“statistics” means any material representing results, trends or forecasts whether presented in text or graphic form.

“us”, “we” or “our” means Digital CC Trading Pty Ltd (ACN 167 755 099) trading as DigitalX.