For the purposes of this disclaimer the owner (we, us, our) owns and operates cryptowhale.co (the Site), the subscription-only Slack channel located at https://poloniexwhaleprivate.slack.com (the Slack Channel), the subscription-only Telegram bot located at @CryptoWhaleVIP_Bot (the Telegram Bot), and the free newsletters and other information streams hosted or provided through various social media platforms, including Facebook messenger (collectively, our Services).
2. Acceptance and Variation of Terms
Your permission to access and use our Services is conditional upon you agreeing to the terms and conditions set out below (Terms). You must read these Terms carefully.
By clicking an “accept” button, creating an account, or accessing or using any part of our Services, you accept, or are deemed to have accepted (as the case may be), all of these Terms, as varied, modified or amended by us from time to time.
You agree that these Terms are legally enforceable and binding in the same manner as any written negotiated contract bearing your signature or seal. If you do not agree with these Terms, you must not create an account and must not access or use any part of our Services.
3. Acceptable Use
You agree that you are only authorised to use our Services for your own personal (and not commercial) use and for the following activities:
(a) accessing and using our Services; and
(b) any other purpose which we make known to you.
You must not use our Services to provide advice (financial or otherwise) regarding any share, security, or financial product or instrument, or an offer, solicitation, recommendation, or invitation, to buy, sell or deal in any way with any of those things.
4. Legal Status of Cryptographic Tokens
The legal status of cryptographic coins, tokens, and digital assets remains uncertain in many countries and jurisdictions around the world. We take no formal position on the legal status of any cryptographic coins, tokens, and digital assets. It is your responsibility to undertake your own investigations and enquiries, and to satisfy yourself in that regard.
The cryptographic coins, tokens, and digital assets which may be discussed on or through our Services:
(a) may be intended to be acquired or used for speculation or investment purposes; and
(b) may give the holder a right to own, or participate in, the assets or profits of a person, entity, fund or scheme.
Cryptographic coins, tokens, and digital assets with such characteristics may be legally prohibited in certain countries or jurisdictions, or be subject to specific restrictions and limitations with which you are solely responsible for complying at your own risk and expense.
5. No Financial Advice
All text, images, audio recordings, video recordings, and other information and content (Content) hosted or made available on or through our Services is provided:
(a) for general information purposes only; and
(b) without any regard whatsoever to the personal circumstances of any person.
No Content hosted or made available on or through our Services is intended to constitute advice (financial or otherwise) regarding any share, security, or financial product or instrument, or an offer, solicitation, recommendation, or invitation, to buy, sell or deal in any way with any of those things.
All statements, representations, estimations, projections, or forecasts made in or through our Services by any person (whether relating to the present or the future) are expressions of opinion only, and do not necessarily represent our opinion or have our endorsement.
Unless otherwise expressly stated by us, we, and any other person using our Services (whether as a member, admin, non-member contributor, or other user), are not:
(a) professional or qualified advisors (such as lawyers or accountants);
(b) financial advisors or financial service providers;
c) financial services licence holders;
(d) brokers or agents;
(e) securities advisors or practitioners; or
(f) software developers, engineers, coders, or technical experts.
Before acting on, or relying upon, any Content hosted or made available on or through our Services, we strongly recommend that you:
(a) undertake your own investigations and enquiries; and
(b) seek independent legal, accounting, tax, financial, business, technical and other professional advice from an appropriately qualified professional advisor.
Investing, speculating or trading in cryptocurrencies involves considerable risk and may result in you losing all or most of your funds or capital.
Many cryptographic coins, tokens, and digital assets remain under development by their promotors, have not been implemented or deployed, and are not in real-world use.
The information published publicly or otherwise made available by the promotors of many cryptographic coins, tokens, and digital assets is of a technical nature and requires a high level of knowledge and understanding of distributed ledger technology, software development, traditional banking systems, investment scheme regulation, securities regulation, and various other laws and regulations.
The matters, technologies and innovations published publicly or otherwise made available by the promotors of many cryptographic coins, tokens, and digital assets:
(a) may not have been subject to any evaluation or verification by independent qualified professionals (such as legal, financial, taxation, information technology, or engineering professionals);
(b) may require regulatory or other approvals or consents from governmental and non-governmental bodies and privately held entities to be lawfully used or implemented; and
(c) may be subject to agreements, licensing, and other arrangements with unknown third parties, the terms of which are not publicly disclosed.
7. Membership & Account Creation
In order to access and use the Slack Channel, you must:
(a) become a member by subscribing to one of our membership options on our Site;
(b) create a Slack account; and
(c) join the Slack Channel using an invitation link which we will email to you once you have become a member.
In order to access and use the Telegram channel, you must:
(a) become a member by subscribing to one of our membership options through our Telegram Bot;
When creating an account, you agree that:
(a) you will not provide any false personal information and will keep your personal information accurate and up to date;
(b) you will only create one account;
(c) you will not allow anyone else to access your account;
(d) you will not create a new account if your account is disabled;
(e) we may alter any part of your user account if we receive a legitimate complaint, or otherwise form the view (in our sole discretion) that it is inappropriate or offensive; and
(f) we have the right to terminate your access to the Slack Channel and/ or Telegram Bot, at any time, in our sole discretion, without notice.
8. Membership Fees
All membership fees are, unless otherwise expressly stated by us:
(a) for fees described in fiat currency, in US dollars ($USD);
(b) for fees described in cryptocurrency, in Bitcoin (BTC); and
(c) inclusive of goods and services tax and other value-added tax (VAT).
All fiat currency payments are handled by PayPal and are subject to PayPal’s terms and conditions. We accept not responsibility or liability in relation to payments processed by PayPal. Any issues which you experience in making payments to us should be raised with PayPal directly.
All cryptocurrency payments are made by you at your own risk and expense. We accept no responsibility or liability in relation to:
(a) any delayed or failed payment due to congestion on any cryptocurrency network;
(b) any failed payments due to human error, such as entering the incorrect recipient wallet address; or
(c) any fluctuations in the market price of any cryptocurrencies used to pay our membership fees.
9. Cancellation and Termination
You may cancel your membership at any time either by using the in-built cancellation facility on the Site (if any), or by contacting us by email at [email protected]
We reserve the right to terminate your membership at any time and for any reason, including but not limited to:
(a) if you breach these Terms, or we suspect that you have breached them; and
(b) if you engage in any illegal, offensive, defamatory, or obscene conduct or behaviour.
10. Refunds and Chargebacks
Membership fees are non-refundable immediately upon payment by you (even in the case of a membership cancellation), provided that you are able to access the part of our Services which your membership entitles you to access.
If you initiate a chargeback on your credit or debit card, or take any similar action, you must pay us a chargeback fee of AUD $30 on demand.
You acknowledge, agree and consent to us setting off any such fees against any monies which we may owe to you from time to time.
11. Promotions and Discounts
We may offer promotions and discounts from time to time. All promotions and discounts are offered subject to these Terms and any other terms and conditions specified by us.
12. No Minors
Our Services are designed to be accessed and used only by people who are 18 years of age or older. No one under the age of 18 years is permitted to access or use our Services without first obtaining our express written authority.
You must ensure that all login IDs and passwords required to access our Services are kept secure and confidential. You must immediately notify us of any unauthorised use of your login IDs or passwords or any other breach of security.
Where there is unauthorised access or a breach of security, we will take appropriate steps to rectify the unauthorised use or breach of security, including by, without limitation, cancelling and resetting the relevant login IDs and passwords, and you must take all other actions that we reasonably deem necessary or desirable to maintain or enhance the security of our computing systems and networks and your access to our Services.
We will use all reasonable endeavours to ensure that we provide a secure environment for any data stored or hosted on our systems. You acknowledge however that no information which is available on the Internet is completely secure and you agree that we will not be liable for any damage, loss, cost, liability, expense, injury or death of any kind and however arising including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable (Loss) suffered by you or any third party should our security measures (or those of any of our service providers) be overcome or breached.
We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any personal computer, laptop or mobile device owned or controlled by you.
14. No Interference
You agree that you will not:
(a) use our Services in any way that could damage our reputation or goodwill;
(b) permit any person to access and use our Services other than in accordance with these Terms;
(c) disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters the use of our Services by you or any other person;
(d) except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from doing so:
(i) reproduce, make error corrections to or otherwise modify or adapt our Services or create any derivative works based upon our Services; or
(ii) decompile, disassemble or otherwise reverse engineer our Services or permit or facilitate any third party to do so;
(e) when accessing and using our Services:
(i) attempt to undermine the security or integrity of our computing systems or networks or, where our Services are hosted or operated by a third party, the third party's computing systems and networks;
(ii) use, or misuse, our Services in any way which may impair its functionality, or the functionality of any other system used to deliver our Services, or impair the ability of any third party to lawfully use our Services;
(iii) attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which our Services are hosted or stored;
(iv) transmit, or input into our Services any information, data, files or other material that may damage any other person's computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use);
(v) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver or operate our Services, except as is strictly necessary to use either of them for normal operation;
(vi) remove or modify any program markings or any notice of proprietary rights, including those of any third party;
(vii) use any automated processes or means to access our Services;
(viii) use any software or manual repetition that will or is likely to interfere with our Services; or
(ix) attempt to cause stress or detriment to the proper working of our Services, such as by:
(A) acting in any way likely to cause an unreasonable strain to the infrastructure of our Services;
(B) reloading or refreshing transaction pages more than once every 5 seconds; or
(C) requesting any page of the Site more than 1000 times in aggregate in any 24 hour period.
We will use our best endeavours to ensure that our Services are accessible on a continuous basis, 24 hours a day, seven days a week. However, we may, without notice, suspend all or part of any access to our Services immediately, including where:
(a) there is a malfunction or breakdown of any of our equipment or if we are required to undertake the repair, maintenance or service of any part of our Services;
(b) it is reasonably required to reduce or prevent fraud or interference with our Services;
(c) we are required to comply with an order, instruction or request of a government authority, or other such competent body; or
(d) we are otherwise prevented from making our Services available by circumstances outside our reasonable control.
You acknowledge and agree that access to our Services is reliant upon various factors outside our control, including, without limitation, you meeting the minimum technical requirements of our Services, your Internet service provider or telecommunications provider, the speed and bandwidth of your Internet connection, the equipment or devices which you use to access and use our Services, our hosting and web server (to the extent that we engage third party contractors) and other factors which may impact upon the delivery of our Services to you via the Internet.
While we will use all reasonable endeavours to ensure that you have continuous access to our Services, we will not be liable to you or any other person for any Loss to property or persons caused by such factors.
We reserve the right to restrict of remove access to our Services for the purpose of undertaking maintenance and updating of our Services.
We do not warrant that any part of our Services is or will be completely error free or free of defects. Certain parts of our Services may be made available on an “alpha” or “beta” basis for testing purposes prior to full release and may be withdrawn or removed at any time by us without notice to you.
We may not identify which parts of our Services are released on such an “alpha” or “beta” basis. We are not responsible for any Loss to property or persons incurred as a result of the use by any person of any parts of our Services which are released on an “alpha” or “beta” basis.
Except as expressly stated by us, the information contained within our Services (including its coding, wording, design, graphics and logos) are owned by us or our affiliates and are protected by Australian and international copyright and trademark laws (as applicable).
You agree to not copy anything at all from either our Site or Slack channel for any reason.
This includes but is not limited to:
(c) re-writing text that was originally from the above origins
17. Intellectual Property
You acknowledge and agree that we or our affiliates own all rights, title and interest, including intellectual property rights and moral rights (IP Rights) in our Services, and any Content hosted or made available on or through our Services (including content produced or provided by members, admins, non-member contributors, and other users), and that nothing in these Terms has the effect of, or should be construed as having the effect of, passing ownership of any such IP Rights, or those of any third party, to you or any other person whatsoever.
You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related to our Services and whether created before or after the commencement of this agreement) and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be). To the extent that such assignment, transfer or disposal is not possible under the law, you irrevocably grant us a royalty-free, perpetual, worldwide licence to use, reproduce, modify, redevelop, sublicense, exploit and commercialise all such IP Rights as we see fit.
You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.
If, as a result of this agreement, a person (other than us) collects, or is able to access, any personal information about identifiable individuals, then that person must:
(a) comply with all relevant and applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information, as if they were regulated by these laws;
(b) comply with any applicable privacy code or policy which has been adopted by the person who collected the personal information as if it were bound by that code or policy;
(c) take all reasonable measures to ensure that such personal information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse and that only authorised representatives, employees and officers have access to it;
(d) co-operate with the other person in the resolution of any complaint under, or relating to, any of the laws, codes or policies referred to in paragraphs (a) and (b) above.
19. Third Parties
Our Services may contain links to third party websites outside our control (Linked Sites). We take no responsibility for content contained in any Linked Sites, and we do not endorse any aspect of any Linked Sites. We provide links to Linked Sites for convenience only. You access and use all Linked Sites entirely at your own risk.
If you choose to purchase goods or services from a third party, including from a Linked Site accessed from or through our Services, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.
20. Continued Development
You consent to us soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning our Services from you or any person (Feedback). We own all IP Rights in any Feedback and may use such Feedback for purposes related to our Services or the carrying out of services by us generally in our business activities without further approval or acknowledgement, and you hereby assign to us all IP Rights in any such Feedback.
21. Off-Site Conduct
It is a direct violation of these Terms for you to engage in an activity using information obtained from our Services to contact, abuse, advertise, sell to, harass or harm any other person.
22. Consequences for Violation
If you violate these Terms in any way, you agree that we may in our sole discretion and without notice to you:
(a) take any legal action we may have available against you;
(b) block your use of our Services;
(c) delete your account on our Services; and/or
(d) disclose information about you and your use of the Site for investigation by any enforcement body for your unlawful activity.
You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing its goodwill, causing a loss to sales or increasing its expenses and in such a case consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation.
Our Services are delivered on an “as is” and “as available” basis. In this context, we do not warrant that our Services will be error-free or uninterrupted.
Whilst all due care has been taken in providing our Services, to the greatest extent permitted by law:
(a) we do not provide any warranty either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose; and
(b) any condition, guarantee, or warranty which would otherwise be implied into these terms and conditions is excluded.
All due care is taken in ensuring that our Services are free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system or device which arises in connection with your use of our Services or any Linked Site.
We provide no warranty as to the accuracy or currency of the account information or other information or data uploaded to our Services by any other person.
From time to time, we may host third party content on our Services such as advertisements and endorsements. Responsibility for the content of such material rests with those third parties and we are not responsible for any errors or omissions in such material or any damage caused either directly or indirectly by them.
24. Limitation of Liability
You acknowledge and agree that, to the greatest extent permitted by law:
(a) you access and use our Services, and any system operated by us (including but not limited to storage and hosting systems) at your own risk and expense; and
(b) you are solely liable for your own acts, omissions and negligence.
You acknowledge and agree that, to the greatest extent permitted by law, we are not liable for any Loss to property or persons as a result of, whether directly or indirectly:
(a) any wilful act, omission or neglect by you;
(b) your use, non-use or misuse of our Services;
(c) the use, non-use or misuse of our Services by any other person;
(d) any person’s reliance on:
(i) any Content hosted or made available through our Services;
(ii) any investment, business, accounting, tax, or financial advice or service provided by any person in contravention of these Terms;
(e) any infringement of any third party’s IP Rights;
(f) your breach of these Terms; and
(g) anything provided or made available by any person through our Services.
25. Indemnity and Release
To the greatest extent permitted by law, you will at all times indemnify and keep indemnified us and our respective officers, employees, contractors, agents and representatives from and against any and all Loss (including legal costs and expenses on a solicitor and own client basis) incurred by any of those indemnified arising from any action, claim, demand, suit, action or proceeding made or brought by or against the person, however arising and whether present, unascertained, immediate, future or contingent, against any of those indemnified where such Loss arose out of, in connection with, or in respect of:
(a) any wilful act, omission or neglect by you;
(b) your use, non-use or misuse of our Services;
(c) your reliance on:
(i) any Content hosted or made available through our Services;
(ii) any investment, business, accounting, tax, or financial advice or service provided by any person in contravention of these Terms; and
(d) your breach of these Terms.
You release us and our respective officers, employees, contractors, agents and representatives from all liability in relation to the matters described in this clause.
If you encounter any content on our Services that you find offensive and which you believe violates these Terms, please report the content to us by e-mailing [email protected] So that we can efficiently deal with your report, please ensure that your report:
(a) states the reason for your concern/s; and
(b) clearly identifies the content by providing:
(i) a description of it; and
(ii) a link to the specific page, post or content (if applicable).
You agree to keep confidential all Content hosted or made available on or through our Services (including content generated by other users).
If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us immediately at [email protected]
28. Notices and Notifications
We may send or issue notices to you from time to time:
(a) through the user interface on our Services; and/or
(b) by email.
You consent to receiving notices by the above means.
We take no responsibility for any failure of delivery of any notice or notification to you for any reason whatsoever.
Except as permitted by law, in the event of a dispute between you and us, or between you and any other person using our Services, you must:
(b) provide us with full and complete details of the dispute;
(c) providing such supporting information or documents as we reasonably request; and
(d) act reasonably and in good faith with the other parties to the dispute in order to resolve the dispute amicably without formal legal action.
29.2 Entire Agreement
These Terms contain the entire agreement between the parties about its subject matter. Any previous representation, understanding, arrangement, agreement, or warranty relating to that subject matter is superseded by these Terms.
This Agreement is governed by the laws of the State of Queensland, Australia and each party submits to the non-exclusive jurisdiction of the courts of Queensland.
Any provision of these Terms that is illegal, void or unenforceable will be read down or severed so as to preserve the remainder of these Terms which will continue in full force and effect.
A failure or delay in the exercise or enforcement of any right, power or remedy available by law or under these Terms by any party will not in any way preclude, or operate as a waiver of, any exercise or enforcement of that or any other right, power or remedy. All waivers must be expressly given in writing to be effective and binding. No waiver of a breach of any provision of these Terms will operate as a waiver of another breach of that provision or of a breach of any other provision of these Terms.
30. Rules of Interpretation
Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in these Terms.
The following rules also apply to the interpretation of these Terms, except where the context otherwise requires:
(a) the singular includes the plural and vice versa;
(b) words of any gender include all genders;
(c) alternate grammatical forms of a defined term have a corresponding meaning;
(d) a reference to a clause, paragraph, schedule, annexure, or appendix is a reference to a clause or paragraph of, and a schedule, annexure, or appendix to these Terms;
(e) a reference to a document includes the document as novated, varied, or substituted from time to time;
(f) a reference to a person includes a natural person, partnership, body corporate, association, joint venture, and governmental body, authority, agency or other entity;
(g) a reference to a party is a reference to a party to these Terms and includes the party’s executors, administrators, successors, permitted substitutes (including by novation) and permitted assigns;
(h) a reference to two or more persons is to any of them together and each of them individually;
(i) a reference to legislation or regulations includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them;
(j) “including” and similar expressions do not limit the generality of any provision of these Terms;
(k) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it; and
(l) headings and table of contents are for ease of reference only and do not affect interpretation.