Blockchain HQ is operated by Kikabink International Pty Ltd (“Kikabink”, “we” or “us”). In these terms, “Blockchain HQ” refers to:
- the Blockchain HQ website(s), including but not limited to BlockchainHQ.com and BlockchainHQ.com.au, including all software, text, audio, video, graphics, text and other content, and the design and layout of such content;
- the Blockchain HQ application(s), including all software, text, audio, video, graphics, text and other content, and the design and layout of such content, which may or may not be available via the Internet and/or Blockchain HQ website(s); and/or
- all products and services available via the Blockchain HQ website(s) and/or application(s).
- Your obligations
1.2 If you are under 18 years of age, you must obtain your parent’s or guardian’s permission before using Blockchain HQ.
2.1 Blockchain HQ is owned or licensed by us and protected by copyright under the laws of Australia and other countries.
2.2 You may view Blockchain HQ using your web browser and may only save an electronic copy of Blockchain HQ in the cache of your web browser.
2.3 You must not otherwise reproduce, transmit (including broadcast), adapt, distribute, sell, supply, modify or publish or otherwise use or attempt to use any element of Blockchain HQ without Kikabink’s prior written consent.
- Trade Mark Notice
3.1 Blockchain HQ includes registered trade marks, trade marks that are the subject of pending applications, and common law trade marks. These include the words “Blockchain HQ”, “BlockchainHQ” and the Blockchain HQ logo. You may not use these trade marks, the names “Blockchain HQ”, “BlockchainHQ”, “BlockchainHQ.com” or “BlockchainHQ.com.au”, their likeness, or the names or likeness of any other websites owned or operated by Kikabink, or the name or likeness of any related companies, without Kikabink’s prior written consent.
3.2 You must seek permission from Kikabink before using our trademarks, likeness, names websites, companies or persons for fair use, parody and/or satire.
- Linking to third party sites
Blockchain HQ may contain links to third party websites. These links are provided solely for your convenience and do not indicate our (express or implied) endorsement of such sites or the products, services or information provided at those sites. You access those sites and use the products and services available at those sites solely at your own risk.
You must not frame any of the material appearing on Blockchain HQ without Kikabink’s prior written consent.
- Your Account
6.1 We may require you to use a username and password (“Account”) to access certain parts of Blockchain HQ. We may require you to use a different Account to access different parts of Blockchain HQ. You may only use your Account for the purposes for which we gave you the Account. Any other use of your Account is prohibited.
6.2 If you are under 18 years of age you must obtain your parent’s or guardian’s permission before requesting an Account (including for the purposes of purchasing access to Blockchain HQ products and services).
6.3 If you are using Blockchain HQ on behalf of another person (“Authorizing Person”) for example, your employer, you must be authorized to:
(a) use Blockchain HQ; and
- What you must not do
You must not:
(a) use Blockchain HQ in a way or for any activities, or post or transmit to or via Blockchain HQ any information or material, which:
(i) breaches any laws or regulations;
(ii) infringes a third party’s rights or privacy;
(iii) is contrary to any relevant standards or codes;
(iv) interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying Blockchain HQ;
(b) use automated or manual scripts, robots, proxies or scraping programs to access Blockchain HQ, with the exception of:
(I) data feeds provided by Blockchain HQ, for example, RSS feeds.
(II) plugins provided by Blockchain HQ, for example, WordPress plugins.
(c) make any fraudulent or speculative enquiries, purchases, reservations or requests using Blockchain HQ;
(d) use another person’s Account or name without that person’s permission;
(e) provide false information when creating an Account or purchasing a product or service;
(f) impersonate another person when using Blockchain HQ;
(g) post to or transmit to or via Blockchain HQ any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
(h) tamper with, hinder the operation of, or make unauthorized modifications to Blockchain HQ;
(i) knowingly transmit any virus or other disabling feature to or via Blockchain HQ; or
(j) attempt, permit, or incite another person to do or attempt, any of the above acts.
(k) impair, or attempt to impair, the proper functioning or operation of Blockchain HQ.
- Third Party Content
8.1 From time to time, Kikabink may advertise or offer for sale the products, services and information of third parties. We do not provide or endorse such third party products, services and information, and your legal relationship in respect of those products, services or information is with the third party supplier. You are responsible for checking directly with the third party as to the accuracy or completeness of the information or the suitability or quality of the products and services of such third parties.
8.2 We may receive fees and / or commissions from third parties in return for making their goods and services available via Blockchain HQ. You acknowledge and consent to us receiving such fees.
- Prices and products and services are subject to change
All prices displayed and products and services offered for supply on Blockchain HQ are subject to change without notice. You should check the price of a product or service before placing an order for it.
10.1 For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the Blockchain HQ server(s). We are not responsible for any information you may lose if the Blockchain HQ server(s) terminate your browser session due to prolonged periods of inactivity between your browser and the Blockchain HQ server(s).
10.2 You must comply with all our directions relating to use of your Account and access to Blockchain HQ. We are not responsible for providing the computer, hardware, software or any other equipment necessary to access the Internet. You must not send or disclose your Account password to any other person or store it in a way that would reasonably allow another person or entity to obtain access to it, except as specified in clause 10.3 below. If you choose to use a workplace computer to access Blockchain HQ, you are responsible for ensuring that such use complies with any rules, policies or protocols that apply to the use of the Internet in your workplace.
10.3 You must not keep your password in any place where it is capable of being copied or used by any other person or disclose your password to any other person, other than:
(a) another person authorized by you to access and use Blockchain HQ on your behalf; or
(b) another person authorized by the Authorizing Person (for example, another employee) to access and use Blockchain HQ on their behalf;
10.5 You must immediately notify Kikabink if you become aware:
(a) that your password has been compromised or is known by a third party (other than by an Authorized Person); or
(b) of any unauthorized use of your Account.
10.6 You acknowledge and agree that Kikabink may carry out a forensic analysis of your Account if we believe it may have been compromised.
10.7 We will take reasonable steps to secure Blockchain HQ, such as implementing firewalls, anti-virus software, malware detection software, intrusion detection systems, encryption, and high strength SSL certificates. However, the Internet is unreliable and difficult to secure. Kikabink does not guarantee the security of Blockchain HQ or the systems (including the Internet and your hardware and software) used to access Blockchain HQ, or any information that passes through such systems.
10.8 In accordance with Australian laws implementing specific United Nations sanctions, we are unable to provide access to Blockchain HQ to users from countries including Cote d’Ivoire, Democratic Republic of Congo, Democratic People’s Republic of Korea (North Korea), Eritrea, Iran, Iraq, Lebanon, Liberia, Sierra Leone, Somalia and Sudan.
10.9 We reserve the right to block certain users, countries and/or domains and IP addresses from accessing Blockchain HQ. Such blocks may be implemented at our discretion without notice.
10.10 We may stop making Blockchain HQ, or a part of Blockchain HQ, available at any time in response to a security event and/or a perceived or actual threat.
11.3 To avoid doubt:
(a) by authorizing a person to use your Account under clause 6.3, you authorize Kikabink to disclose to that person your personal information; and
(b) by requesting via Blockchain HQ that Kikabink send billing and payment information to a person’s email address or phone number, you authorize Kikabink to disclose to that person your personal information, in each case including information related to your Kikabink billings and payments.
- Our liability to you
12.1 Given the unreliable nature of the Internet, telecommunications systems, computer hardware and software and third party providers of information, we cannot and do not guarantee that Blockchain HQ will always be available or fault or virus free, or that the information displayed on Blockchain HQ is accurate, complete, up to date or error-free.
12.2 The supply of Blockchain HQ is solely governed by:
(b) those terms implied by consumer protection laws that apply to the supply of a product or service that cannot be excluded.
12.3 Subject to clauses 12.4 to 12.5, we accept our liability to you for breach of contract or negligence under principles applied by the courts.
12.4 We are not responsible for:
(a) the accuracy, completeness, timeliness or availability of any data you upload or supply to, or store on, Blockchain HQ. You are solely responsible for ensuring that any such data is accurate, complete and up to date, and that you have made back-up copies of such data. (b) loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment or loss due to our inability to ensure the security or reliability of the Internet, telecommunications systems, computer hardware or software or information supplied by third party providers;
(c) loss of data or loss of profits or revenue; or
(d) any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.
12.5 The products and services available via Blockchain HQ are provided to you for personal use only, and not business or commercial use. We do not accept liability for any loss that results from the use of Blockchain HQ in connection with the conduct of a business.
- Your liability to us
You are liable to us for any loss we incur resulting from your breach of contract or negligence under the principles applied by the courts, except to the extent that the loss is caused by us, for example, through our negligence or breach of contract.
15.1 You may stop using Blockchain HQ at any time, for any reason.
15.2 We may stop making Blockchain HQ, or a part of Blockchain HQ, available at any time, for any reason, for any period of time (including permanently).
15.3 We may immediately suspend, terminate or limit your access to Blockchain HQ if, in the sole opinion of Kikabink:
(b) we believe on reasonable grounds that there is a real risk of serious loss or damage to us or another if we do not suspend, terminate or limit your access to Blockchain HQ;
(c) the law requires us to do so;
(d) we believe on reasonable grounds that providing access to Blockchain HQ to you is illegal or may become illegal; or
(e) there is an emergency.
(f) you are using Blockchain HQ in a manner which may degrade or negatively impact the quality of the service for you or others.
(h) you are looking for or trying to exploit, a potential or actual security flaw in Blockchain HQ, including but not limited to our hardware and software.
(i) you are attempting to access areas of Blockchain HQ that are outside the access permissions of your Account.
(j) you have reproduced, or caused the reproduction of, an element of Blockchain HQ without our prior consent.
(k) you have provided false or misleading information in your Account. For example, you have provided a false name, email address or country of residence.
- Communication with you
As part of some of the products or services available via Blockchain HQ, we may communicate with you via email, telephone or mail. As a result:
(a) you are responsible for ensuring that your email address, telephone number and mail address are current and operational and that you check your emails, telephone and mail box regularly for messages;
(b) you must notify Kikabink as soon as possible of any changes to your contact details;
(c) if we receive an automated email non-delivery notification indicating you have not received an email that we have sent you, and the matter is urgent, we will use reasonable endeavours to attempt to contact you using your other contact details, but cannot guarantee that we will be able to contact you or contact you within a certain amount of time.
- Use of your information and material
When you send us any feedback, testimonials, suggestions, ideas or other materials in relation to or via Blockchain HQ, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.
- Goods and Services Tax (Australian residents only)
- General Matters
19.2 You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them for determining any dispute concerning this agreement.