agreement between us and you regarding your access to our Website, and your
use of the Website, including any interactive features of the Website. In these
TOU, “you” means any person accessing and using our Website (a Visitor), and
“we” means WhereToShopWithCrypto, and “our” and “ours” and “us” have
corresponding meanings. Other terms are defined in clause (6), below.
(3) By using the Website, You are taken to acknowledge and agree with these TOU,
regardless of whether any separate agreement exists between you and us, e.g.
for the provision of our services to you. If we make a separate agreement with
you, or we open an account for you, we may request you to consent to these TOU
as part of that other agreement.
(5) If you are a representative of a company or other entity, and use the Website in
that capacity, e.g. you are doing so on behalf of your employer, then these TOU
apply both to you and that entity, and you warrant that you have full legal authority
to agree to these TOU on behalf of that entity.
(6) You are at least 18 years of age, or, you are the legal guardian of a minor who is
using the Website under your proper supervision, in which case you are
responsible for the minor’s actions and you become subject to these TOU on
behalf of the minor.
(6) In these TOU:
“Client” means a person or entity with which we have a contractual relationship to
provide our Services, and includes any potential client that engages with us with a
view to receiving our Services.
“Non-Excludable Liability” is defined in clause F(2).
“Services” include any marketing and other services that we provide to Clients,
and to Visitors via the Website.
“Social Media Platform” includes any social media platform, such as
Facebook or Instagram, and in particular includes such platforms that enable
the monitoring by third parties of website visits by subscribers to the platform,
and/or enable third parties to target those subscribers with advertising or other
“Website” includes any website owned, operated or monitored by us in the course
of our business.
“Visitor” means a person visiting or using the Website, including a Client or a
Client’s employee or other representative.
B THE WEBSITE AND OUR SERVICES
(1) We offer and provide the Services to our Clients. Some of the Services are
provided in our capacity as an agent for other entities.
(2) We use our Website to interact with Clients, including to receive messages from
them and to gather information from them. The use, handling, storage and
disclosure of any personal information that we gather from Website Visitors is
(3) The Website may include instructions for opening a Client account, including a
request for relevant information to be supplied.
(4) You must not submit or upload any false, deceptive or misleading information
through the Website (including any interactive features like contact forms or email
(5) We are not responsible for the reliability or continuity of your Internet connection,
or the capability of your hardware and software. If you are unable to access or
use our Website because of faults with these things, We are not liable for those
faults. Our Website is optimised for viewing on current generation computer
equipment, mobile devices and web browsers, and we do not guarantee that it
can be viewed or used properly with older equipment, earlier generation browsers
and/or operating systems.
(6) The operation of the Website and its various features relies on services that we
obtain from third party contractors, such as our web hosting provider, our ISP, and
our telecommunications provider. As these parties are independent and are not
within our control, we cannot guarantee that the Website will always be accessible
to you, or will function correctly 100% of the time. We will promptly deal with any
faults or problems with the Website that are reported to us.
(7) If we display photographs or images on the Website that relate to our Services,
those photographs and images are illustrative and generic only, and may differ
from the actual Services that we can make available to you or that are supplied to
(8) If we display any warnings on the Website, it is your responsibility to properly read
and comply with those warnings. You hereby release us from any liability for all
losses or claims resulting from your failure to do so, except to any extent directly
caused by our negligence.
(9) If we provide any instructions on the Website, it is your responsibility to properly
read and implement those instructions. You hereby release us from any liability
for all losses or claims resulting from your failure to do so, except to any extent
directly caused by our negligence.
C GENERAL RULES FOR USING THE WEBSITE
(1) You must provide us with your real name and real contact details whenever
you communicate with us via the Website, or, if you use a username or
pseudonym, we must be able to correctly identify you.
(2) You agree at all times when receiving our Services via the Website, or
otherwise accessing the Website:
● To comply with all parts of these TOU and all applicable laws and
● To communicate only accurate and truthful information to us.
● To use only log-in credentials that are validly issued to you by us (if the
Website allows you to log in).
● To treat us and our representatives with courtesy and respect.
● To not use the Website for any illegal or unethical purposes.
● To not interfere with or damage the Website.
● To not interfere with any other Visitor.
● To not infringe our intellectual property rights in contravention of any
applicable laws and Section E of these TOU.
(3) We reserve the right to suspend a Visitor’s access to the Website, or to
terminate a Client’s account, for any breach of the obligations set out in
clause C(2) above.
D ACCESS TO THIRD PARTY SERVICES OR OTHER WEBSITES
(1) We may include links to third party websites (websites controlled by other
persons) on the Website, for the convenience of our Visitors and Clients. As we
do not control the persons who manage those other websites, we cannot and do
not guarantee that the contents of those websites will be useful to you or free from
errors or malicious material. When leaving our Website to visit any other website,
therefore, it is your responsibility to take all necessary steps to ensure that you
and your computer equipment are not exposed to malicious or objectionable
material, viruses, malware or other threats, and you must make your own
assessment about the risk and safety of visiting that other website.
(2) We endeavour to include links to other websites on our Website only where we
are satisfied that linking to those other websites is appropriate and safe. If you
become aware that any such linked third party website is not appropriate or safe,
please notify us immediately so that we can quickly take action to review and if
appropriate remove the link.
(3) We may configure the Website to give you access to services provided by a third
party, such as a payment facilitator. For example, you may have access to a
payment gateway or a shopping cart payment feature operated by a bank, credit
card company, or other operator, like Stripe or Paypal, and we may link to
websites or portals managed by an entity or entities for whom we act as agents.
Commonly, these services are accessed via a link that take the Visitor to a
separate website or portal which is operated and controlled exclusively, for
confidentiality reasons, by that third party. As we do not control those websites or
portals, we cannot and do not guarantee that the third party’s services will be
delivered error-free. Also, as we have no control over the third party’s use of any
information submitted by a Vistor to the third party by these webpages or portals,
we cannot and do not guarantee that any information submitted to the third party
via those webpages or portals will be kept confidential or will be immune from
unauthorised access or misuse.
(4) We endeavour to partner only with third party service providers that provide
consistent, error-free and reliable services to our Clients and Vistors, and that
handle our Clients’ and Vistors’ information with a very high degree of security,
care and confidentiality. If you become aware that any third party payment or
other service accessed via our Website does not function correctly, please notify
us immediately so that we can quickly take action to review that service.
E INTELLECTUAL PROPERTY RIGHTS
(1) All text, graphics, editorial content, data, formatting, graphs, designs, HTML and
CSS coding, images, colour schemes, photographs, music, sounds, images,
software, videos, designs, proprietary typefaces and other elements that we use
in the Website (“Proprietary Material”) is owned by us or licensed to us by a third
party, and are protected by Australian and international intellectual property laws
including copyright law. You may not copy, download, use, redesign, reconfigure,
or create a derivative work from any part of the Proprietary Material without our
express, prior written consent and, if also required by law or by our contractual
obligations, without the consent of any other person or entity whose authority is so
required, e.g. our licensor. Any use of such Proprietary Material other than as part
of your receipt of the Services or your authorised use of the Website in
compliance with these TOU is expressly prohibited and may subject You to civil
and criminal penalties.
(2) During and after receiving the Services or using the Website, you must not copy
or use any service marks or trademarks, logos or trade names displayed on the
Website or on any material downloaded from the Website, without the properly
given, legal consent of the legal owner of any of those things, whether us or a
(3) If we receive a complaint that any person’s intellectual property rights have
been infringed by a Visitor or Client, in connection with their use of the Website,
We may suspend that Visitor’s or Client’s access to the Website and the
Client’s account with us until the complaint is resolved.
(4) If you misuse intellectual property belonging to a third party, which is licensed to
us, you are hereby warned that you may face legal action from that third party,
as well as from us. In many cases, our contractual arrangements with such third
parties will oblige us to report any such breaches of their intellectual property
rights that we become aware of.
(5) If you believe that our Website misuses material in breach of any person’s
intellectual property rights, including your own rights, you should contact us
immediately and we will act promptly to investigate the matter and take
appropriate action as soon as possible. If the US Digital Millennium Copyright
Act applies to such an instance of unauthorised use, you and we will comply
with the procedures prescribed by that law when dealing with your complaint.
We will notify you of these procedures when you contact us to report the
(1) While we endeavour to ensure that our Website operates properly at all times, is
secure for Visitors and Clients to use, and meets the standards that normally
apply in our industry in Australia, namely the cryptocurrency marketing services
industry, we cannot and do not guarantee that the Website will operate to any
specific standards, other than any standards imposed by applicable laws. In
particular, we provide no specific warranties regarding the functioning or
availability of the Website or its value to you, and offer it to you on an “as is”
basis. You agree that your use of the Website is at your own risk in all respects,
except to any extent mandated by law.
(2) Despite anything in clause E(2) above, We do not exclude, restrict or modify any
liability that cannot be excluded, restricted or modified by the laws in force in the
State of Western Australia, Australia, or any other applicable law that governs
your use of the Website, (a “Non-Excludable Liability”).
(3) Except for losses or claims resulting from a Non-Excludable Liability, you
hereby release us from all liability for any loss that you experience or incur, and
from any claims that derive, from You visiting or using the Website.
(4) In particular, we disclaim liability for any indirect or consequential damages,
including loss of profits, of any person, connected in any way with your use of
the Website, except where that liability is a Non-Excludable Liability.
(5) You hereby indemnify us, and will continue to indemnify us, for any losses or
claims (including claims made by any person through us) arising from any
breach by you of these TOU, except to the extent caused or contributed to by
G UPDATES AND CHANGES TO TOU AND WEBSITE
(1) We reserve the right to add, change, or discontinue features of the Website, at
any time, in our discretion, without notice to you and without your permission.
(2) We may update or vary these TOU at any time without notice to you and without
your permission. The version of the TOU that applies to you at any given time is
the version in force at that time. It is your responsibility to check whether the TOU
have been updated or varied. The TOU have a version ID shown at the very end
of the TOU text.
H GENERAL PROVISIONS
(1) These TOU are governed by the laws in force in the State of Western Australia,
Australia, and you agree that those laws will apply to all matters arising under
these TOU and your receipt of our Services via the Website, and that the courts
of that State will have non-exclusive jurisdiction over all such matters.
(2) The provisions of these TOU are severable, and if any of the provisions is held
by a competent court to be invalid or unenforceable, that provision will be
regarded as severed and the remaining provisions will remain in full force and
effect to the greatest extent possible.
(3) These TOU set out the entire understanding and agreement between you and
us with respect to the subject matters dealt with here.
(4) Failure by us to enforce any provision(s) of these TOU will not be construed as
a waiver of that or any other provision, or any associated right, in respect of any
separate or repeated breach.
(5) If you have a complaint or query regarding the Website or these TOU, please
contact Us by email sent to: email@example.com and we
will endeavour to resolve your issue as quickly as possible. We request that
you identify yourself clearly in any communications with us.
(6) If any dispute arises between you and us in relation to any subject covered by
these TOU, You agree that you and we must mediate the dispute either
under any dispute resolution scheme mentioned in section I below, or in the
following manner, before you or we can resort to litigation, in respect of that
(a) The party raising the dispute must notify the other party in writing of the
nature of the dispute.
(b) The parties will then negotiate in good faith to resolve the dispute,
within 3 days of the notification referred to in paragraph (a) above.
(c) If negotiation fails to resolve the dispute within 5 further days, then
either party may refer the dispute for mediation.
(d) If you are located within Australia, you agree that the mediation will be
conducted in Western Australia, commencing as soon as possible,
facilitated by a mutually acceptable mediator, or, failing agreement on
the choice of mediator, by an adjudicator appointed by the
RESOLUTION INSTITUTE < https://resolution.instutute >.
(e) If you are located outside Australia, you agree that the mediation will be
conducted by the Australian Centre for International Commercial
Arbitration, commencing as soon as possible, facilitated by a mediator
appointed by that body.
(f) The parties will participate in the mediation in good faith with a view
towards resolving the dispute, and will share the costs of the mediation
equally. Each party will be responsible for its own costs of participating
in all negotiation and mediation conducted under this clause, and the
mediation must conclude within 30 days of its commencement.
(g) Each party agrees that it cannot resort to litigation to resolve the
dispute until after the negotiation and mediation procedures required by
this clause have been implemented in good faith by that party. You
acknowledge that mediation is an efficient and less-costly method of
resolving disputes, and that the parties may participate in mediation
and negotiation under this clause by using any available and
convenient technologies, including video conferencing.
(7) If you are located in the USA, for the purposes of the Federal Arbitration Act of
that country, and in addition to clause H(6) above, you hereby consent to any
dispute under these TOU being resolved by “individual arbitration”, meaning that
you waive any right you may have under that law to a trial by judge and jury
regarding the dispute. This waiver does not apply to intellectual property disputes
or disputes that fall into the category of small claims.
VERSION INFORMATION: This version is: No 001 [31st January 2020]