TERMS OF USE

Hashching Australian Terms of Use

1. BASIC TERMS

These Terms of Use (“Terms”) govern your access to and use of the services, including our website, email notifications, buttons, and widgets, (the “Services” or “HashChing”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

The HashChing website is operated by HashChing Pty Ltd (ACN – 600 101 184). Our goal is to provide a service that allows you to discover and receive content from sources that interest you as well as to share your content with others. We respect the ownership of the content that users share and each user is responsible for the content he or she provides. Because of these principles, we do not actively monitor and will not censor user content, except in limited circumstances described below

We do our best to keep HashChing safe, but we cannot guarantee it. We need your help to keep HashChing safe, which includes the following commitments by you:

  • You will not post unauthorized commercial communications (such as spam) on HashChing.
  • You will not collect users’ content or information, or otherwise access HashChing, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  • You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on HashChing.
  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not bully, intimidate, or harass any user.
  • You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains graphic or gratuitous violence.
  • You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
  • You will seek HashChing’s permission if you publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on HashChing.
  • You will not use HashChing to do anything unlawful, misleading, malicious, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working or appearance of HashChing, such as a denial of service attack or interference with page rendering or other HashChing functionality.
  • You will not facilitate or encourage any violations of this Statement or our policies.
  • You will alert HashChing 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.
  • You may not use badges, such as but not limited to the Promoted or Verified HashChing badge, unless provided by HashChing. Accounts using these badges as part of profile photos, header photos, background images, or in a way that falsely implies affiliation with HashChing may be suspended.
  • You may not engage in username squatting. Accounts that are inactive for more than six months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be username squatting are:
    • the number of accounts created
    • creating accounts for the purpose of preventing others from using those account names
    • creating accounts for the purpose of selling those accounts
    • using feeds of third-party content to update and maintain accounts under the names of those third parties

HashChing provides its service to you subject to the following Terms of Use (“TOU”) which may be updated by us from time to time without notice to you. In addition, when using particular HashChing owned or operated services, you and HashChing shall be subject to any posted guidelines or rules applicable to such services which may be updated from time to time.

2. DESCRIPTION OF SERVICE

HashChing currently provides users with access to a rich collection of resources, including, forums, shopping services, search services, personalized content and branded programming through its network of properties (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for HashChing to provide the Service. You also understand and agree that the service may include certain communications from HashChing, such as service announcements, administrative messages and HashChing Newsletters, and that these communications are considered part of HashChing membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new HashChing properties, shall be subject to the TOU. You understand and agree that the Service is provided “AS-IS” and that HashChing assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

HashChing does not specifically recommend or endorse any particular product, provider or service.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HashChing has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HashChing has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.

4. HASHCHING PRIVACY POLICY

Registration data and certain other information about you is subject to our Privacy Policy and you acknowledge and consent to HashChing using and disclosing your personal information in accordance with the Privacy Policy. For more information, see our full privacy policy at https://www.hashching.com.au/privacy/

5. PERSONAL PASSWORD SECURITY

If you are a new user you will receive a password and account designation upon completing the Service’s registration process. Existing users will have this already. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify HashChing of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. HashChing cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, data, text, photographs, graphics, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not HashChing, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. HashChing allow Users to contribute content to the Site through Ratings and Review system. HashChing monitors such content for illegal or unauthorised activity but does not endorse any of the opinions expressed by individuals or vouch for their accuracy or authenticity. HashChing does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will HashChing be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a HashChing official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. 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);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  11. 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 national or other securities exchange, including, without limitation, the Australian Stock Exchange, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  12. harass another member; or
  13. collect or store personal data about other users.

You acknowledge that HashChing may or may not pre-screen Content, but that HashChing and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, HashChing and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by HashChing or submitted to HashChing, including without limitation information in HashChing Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that HashChing 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: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of HashChing, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by HashChing and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

7. 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. HashChing is not intended for people outside of Australia.

8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

HashChing does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant HashChing the following world-wide, royalty free and non-exclusive license(s), as applicable:

  • With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than HashChing Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

“Publicly accessible” areas of the Service are those areas of the HashChing network of properties that are intended by HashChing to be available to the general public. By way of example, publicly accessible areas of the Service would include HashChing Message Boards.

9. COPYRIGHT INFRINGEMENT

HashChing 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.

10. INDEMNITY

You agree to indemnify and hold HashChing, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including but not limited to any claim by a third party for defamation, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.
You agree that should you find any offending information, on the HashChing website you will immediately contact HashChing support via the ‘Contact Us’ available on the website or Report function available next to post and ask that it be removed. This includes any content that could reasonably be regarded as likely to be defamatory, misleading or deceptive, or which would amount to illegal or unauthorised activities (for example insider trading or unauthorised offerings of securities). You also agree that HashChing has 24 business hours to remove the offending material.

11. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your HashChing account), use of the Service, or access to the Service.

12. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that HashChing may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on HashChing’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that HashChing has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that HashChing reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that HashChing reserves the right to modify these general practices and limits from time to time.

13. MODIFICATIONS TO SERVICE

HashChing 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 HashChing shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

14. TERMINATION

You agree that HashChing may, under certain circumstances and without prior notice, immediately terminate your HashChing account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU 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 Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your HashChing account includes (a) removal of access to all offerings within the 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 HashChing’s sole discretion and that HashChing shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

15. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. HashChing recommends you that must confirm the details of the advertised deal on HashChing with the advertiser. You agree that HashChing shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

16. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because HashChing has no control over such sites and resources, you acknowledge and agree that HashChing 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 HashChing 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.

17. HASHCHING’S PROPRIETARY RIGHTS

You acknowledge and agree 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 HashChing 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.
HashChing 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 unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by HashChing for use in accessing the Service.

18. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

  • Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. HashChing expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  • HashChing makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
  • 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.
  • No advice or information, whether oral or written, obtained by you from HashChing or through or from the service shall create any warranty not expressly stated in the TOU.
  • Due to the global nature of the internet, users outside of Australian jurisdiction may access HashChing. HashChing is not intended to be a forum for selling or recommending financial products that may be offered outside of the jurisdiction, nor is it intended for use by a person outside of the jurisdiction. As such, HashChing is not subject to regulatory controls that may exist outside of the jurisdiction.
19. LIMITATION OF LIABILITY

You expressly understand and agree that HashChing shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if HashChing has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

20. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to you.

21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18. In addition, for this type of information particularly, the phrase “let the investor beware” is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. HashChing and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

22. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOU, there shall be no third party beneficiaries to this Agreement.

23. NOTICE

HashChing may provide you with notices, including those regarding changes to the TOU, by email, regular mail, or postings on the Service.

24. TRADEMARK INFORMATION

The HashChing logo, trademarks and service marks and other HashChing logos and product and service names (the “HashChing Marks”) are trademarks of HashChing Pty Ltd. Without the prior permission of HashChing Pty Ltd you agree not to display or use in any manner, the HashChing Marks.

25. GENERAL INFORMATION

Entire Agreement – The TOU constitute the entire agreement between you and HashChing and govern your use of the Service, superseding any prior agreements between you and HashChing. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other HashChing services, affiliate services, third-party content or third-party software.
Choice of Law and Forum – The TOU and the relationship between you and HashChing shall be governed by the laws of the State of New South Wales without regard to its conflict of law provisions. You and HashChing agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Sydney, New South Wales.
Waiver and Severability of Terms – The failure of HashChing to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
No Right of Survivorship and Non-Transferability – You agree that your HashChing account is non-transferable and any rights to your HashChing account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.

26. VIOLATIONS

Please report any violations of the TOU to HashChing Support via the report feature or ‘Contact Us’ available on the HashChing website.

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