INTRODUCTION
- These terms and conditions (Terms) are applicable when you visit our website, https://www.marketplacefairness.org/ (Website).
- By visiting our site, you agree to be bound by these Terms which form a binding contractual agreement between yourself, and us, Marketplace Fairness. (Marketplace Fairness, our, we or us)
- If you do not agree to these Terms, then you must leave the Website and refrain from use.
- By updating this page, we may alter, add, or remove Terms and Conditions, and if you continue to use this Website, you are agreeing to be bound by the new Terms.
DISCLAIMER – NO ADVICE
All content published on Marketplacefairness.org is general in nature, and includes any information provided by us:
- on the Website; or
- by any staff member or representative on any other website, social media, email, telephone, or in person.
Any information found on this Website, or provided by any staff or representative of Marketplace Fairness, must not be interpreted as financial investment advice of any kind and must not be relied on as such.
You should obtain financial, tax, or investment, or other professional advice before making decisions based on the information you have read on the Website. If you do not seek professional advice, you accept the risk that the information on the Website or by our personnel, may not meet your specific needs.
Marketplace Fairness does not guarantee any particular outcome for you, and you are using any information published on the Website at your own risk.
You acknowledge, accept, and agree that the cryptocurrency market is highly volatile, carries a high amount of risk, and that any information regarding cryptocurrency can change rapidly, and become out of date. Information about cryptocurrency on Marketplace Fairness may be incomplete or inaccurate within a short time frame, due to the volatile nature of the industry.
ACCESS AND USE OF THE WEBSITE
THESE TERMS AND APPLICABLE LAWS
You must:
- only use the Website in accordance with these Terms and any applicable laws, and
- ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these Terms and any applicable laws.
WARRANTY
When visiting or using this Website, you represent and warrant that you have the legal capacity and are of sufficient age to enter into a binding contract with us.
POSTED MATERIAL
LICENCE
- You grant to Marketplace Fairness a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, duplicate, change, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Marketplace Fairness to use, exploit, or otherwise enjoy the benefit of such Posted Material.
- If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Marketplace Fairness from any and all claims that you could assert against Marketplace Fairness by virtue of any such moral rights.
- You indemnify Marketplace Fairness against all damages, losses, costs and expenses incurred by Marketplace Fairness arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
REMOVAL
- Marketplace Fairness acts as a passive conduit for the online distribution of Posted Material and is under no obligation to review Posted Material prior to it being posted. However, Marketplace Fairness may, in its absolute discretion, review and/or remove any and all Posted Material (inclusive of links or listings on our Website) at any time without providing warning, notice, explanation or justification for removing the material.
- You agree to be responsible for keeping and maintaining records of any Posted Material.
RELEASE
You agree to release Marketplace Fairness from any and all liability for any loss or damage that occurs in relation to any information or material you provide to us (including any Posted Material) that is not accurate, complete, honest, correct or up-to-date.
YOUR OBLIGATIONS
You must not:
- replicate, duplicate, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Marketplace Fairness;
- use the Website for any purpose besides browsing the Website;
- use, or attempt to use, the Website in any illegal or fraudulent manner, or in any way that facilitates illegal or fraudulent activity;
- use, or attempt to use, the Website in a manner that may cause burden on the Website, the servers, or networks that host the Website;
- use any automated scripting tool or software on our Website;
- diminish, tarnish, or adversely impact the reputation of Marketplace Fairness in any way, including by linking to the Website on any other website; and
- attempt to breach the security of the Website, or in any way interfere with the regular functions of the Website, including by
- hacking or gaining unauthorised access to our Website accounts and/or data;
- scanning, probing or testing any security vulnerabilities on the Website;
- overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
- instigating or participating in a denial-of-service attack against the Website.
INFORMATION ON THE WEBSITE
Marketplace Fairness works hard to maintain the site, and provide accurate and updated information at all times. However, due to the volatile nature of the industries that we write content about, as well as human error, the content found on our Website may not be completely accurate at the time you visit. By visiting the Website, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
- the Website will be completely free from errors or defects;
- the Website will be entirely accessible at all times;
- messages sent through our Contact Form will be delivered promptly, or delivered at all;
- information you receive or supply through the Website will be secure or confidential; or
- any information published on the Website is complete, accurate or true, or will lead to any specific outcome.
We reserve the right to change any information or functionality on Marketplace Fairness by updating the Website at any time without notice, including product descriptions, fees, features, and other Website Content.
INTELLECTUAL PROPERTY
- Marketplace Fairness retains ownership of the Website and all materials on the Website (including text, images, logos, design, icons, graphics, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
- If you wish, you may create a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. However, you must not otherwise replicate, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Marketplace Fairness or as permitted by law.
AFFILIATES, LINKS TO OTHER WEBSITES
AFFILIATES
- Marketplace Fairness works with some partners and affiliates (Affiliates) whose websites are linked to the Website, and whose products or services are posted on the Website.
- Marketplace Fairness does not have any authority over the content or quality of the products or services provided by Affiliates; we make no guarantees about any particular outcomes regarding any products of services provided by Affiliates.
- Affiliates are separate entities from Marketplace Fairness. Marketplace Fairness does not represent or otherwise act on behalf of any Affiliate.
- Marketplace Fairness indicates on the Website that we may receive compensation in relation to an Affiliate link.
LINKS TO OTHER WEBSITES
- Marketplace Fairness may contain links to other websites that are not controlled by us. We can not influence what is posted on the linked websites and we are not responsible for it.
- Links to third party websites, including Affiliate websites, are provided for convenience to the reader, and we cannot guarantee that they are still current. We do not endorse and are not responsible for the content on third party websites and have no control over or rights in them.
- The inclusion of a link to an external website on Marketplace Fairness is not to be misinterpreted as approval or endorsement of the linked website.
- You may be required to accept additional terms & conditions when you visit third party websites.
SECURITY
Marketplace Fairness does not accept any responsibility for potential or actual loss or damage to computers, mobile phones, tablets, or other electronic devices that are used to visit the Website. You need to have your own anti-virus software in place, or other precautions to ensure that the method you use to access the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
REPORTING MISUSE
If you are aware of misuse of the Website by any person or entity, any errors in content, or have any trouble visting or using the Website, please contact us via the Contact Us page.
PRIVACY
You agree to be bound by our Privacy Policy.
LIABILITY
We make no warranties or representations about this Website or any of the content posted on it. Marketplace Fairness will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our Website and/or the information, content, or materials contained on it. You agree to indemnify us for any loss or liability that occurs due to your use of this Website.
GENERAL
GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applicable in Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
INTERPRETATION
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation;
- (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
- (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.
