Crypto-Backed Loans Waitlist Terms & Conditions

Name: WEB3 Investments Pty Ltd (trading as Block Earner) (ACN 655 090 010)

Address: 17, 13A Hickson Road, Dawes Point

Email: support@blockearner.com.au

If a Participant subscribes to be on the waitlist (Waitlist) for our Crypto-backed Loans product (as described below) and is the one of the first 1000 customers to subscribe to the Waitlist, the Participant will receive 30 days interest-free borrowing on their first loan with us, subject to these Terms and Conditions.

During the 30-day interest-free period, no interest will accrue on the principal loan amount. However, any other fees or charges associated with the loan will still apply. If you make any payments during the 30-day interest-free period, they will first be applied to any outstanding fees or charges and then to the loan principal. Upon completion of 30 calendar days from the start of the loan, the loan will revert to the ordinary daily interest rate. The ordinary interest rate is determined upon opening a loan.

Start Date:

09:00am, 22nd August 2023

End Date:

11:59pm, 1st November 2023

The Promoter has the right to end the Promotion earlier than the End Date ("Revised End Date").

To be eligible to take part in the Promotion, the Participant must:

1. be a legal resident of Australia;
2. be at least 18 years of age;
3. sign up to the Waitlist for the Crypto-backed Loans Product through the website (available at Crypto-Backed Loan Waitlist) by providing their contact and other details within the Promotional Period;
4. be one of the first 1000 people to subscribe to the Waitlist; and
5. pass our verification procedures (where we deem necessary).

The Promotion may be used in conjunction with other promotions that the Promotor offer from time to time.

The Promotion is applied to our new product, called “Crypto-backed Loans” (Crypto-backed Loans Product), which involves the following:

1. the customer makes an application for a loan; and
2. where the customer’s application is approved, security is taken over a customer’s crypto assets for a period of time up until the loan (including the amount of principal and interest) is fully repaid, and we lend $AUD (Australian Dollars) against that security.

You understand and agree that:

1. we may amend the details of the Crypto-backed Loans Product at any time;
2. the email address used to join the waitlist must match that of the email used to create a Block Earner account.
3. we may terminate the Promotion at any time; and
4. all loan applications are subject to our standard loan application process, verification procedures and approval by us, in our reasonable and sole discretion, and we are not under any obligation to approve your loan; and
5. the Crypto-backed Loans Product may not launch at a specified time or at all,

Information on eligibility, mechanisms on how to participate, and the information in the Schedule form part of these Terms and Conditions. Participants in the Promotion is deemed acceptance of these Terms and Conditions.

The Promotional Period commences on the Start Date and concludes on the End Date, as particularised in the Schedule.

The Promotion is open to Australian residents aged 18 years or over. Employees, immediate family members, retailers, suppliers, associated companies and agencies related to the Promoter are not eligible to participate in the Promotion.

To be eligible, Participants must, during the Promotional Period, satisfy the Criteria, as particularised in the Schedule.

Each Participant may only take part in the Promotion once.

The Promoter reserves the right, at any time, to verify the validity of any Participant (including a Participant’s identity and place of residence) and to exclude any Participant that it considers does not meet the Criteria. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

Participants are responsible for any and all expenses incurred when participating in the Promotion and accessing and/or using the Eligible Service (unless otherwise stated in the Schedule).

All loan applications will be subject to our standard loan application process, verification procedures and approval by us, in our reasonable and sole discretion. Meeting the Criteria for this Promotion does not guarantee loan approval, and we are not under any obligation to approve your loan application. We may choose not to approve a loan application and may cancel any loan application that has been approved by us before the Crypto-backed Loan product is supplied to you. If your loan application is rejected, we will inform you of our decision and you will not be entitled to any discount or compensation arising from or in connection with the Promotion.

This offer is subject to our standard terms and conditions, available at /terms-of-use (Standard Terms and Conditions).

The Promoter may collect personal information in order to conduct the Promotion and/or for other purposes as notified by the Promoter and may, for this purpose (or these purposes), collect, use and disclose such information to third parties, including but not limited to agents, contractors, service providers, suppliers and as required, to regulatory authorities. Participation in the Promotion is conditional on providing this information. Participants should direct any request to opt out, access, update or correct information to the Promoter. Personal information will be handled in accordance with the Promoter’s privacy policy available at /privacy-policy .

Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Consumer Act 2010 (Cth) or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).

Despite anything to the contrary, to the maximum extent permitted by law, the Promoter will not be liable under these Terms and Conditions or otherwise for any special, indirect or consequential loss including but not limited to any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, however arising, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Except for any liability that cannot by law be excluded by law (including the Non-Excludable Guarantees), to the maximum extent permitted by law, the Promoter (including its respective officers, employees and agents) will not be liable to a Participant for, and the Participant indemnifies, waives and releases the Promoter in respect of all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with:

1. any act or omission of the Participant;
2. any breach of these Terms and Conditions by the Participant;
3. any Force Majeure;
4. a matter arising out of clause 14;
5. any personal injury or loss;
6. claiming the Promotion;
7. any Promotion claim that is late, lost, altered, damaged, delayed or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or
8. any tax liability incurred by a Participant.

If performance of the Promotion, or any obligation under these Terms and Conditions is prevented, restricted, or interfered with by a Force Majeure Event, and if as a result the Promoter is unable to carry out its obligations or to provide the Participant with the Promotion (or any part of it), the Promoter may in its absolute discretion, subject to any written directions made under any applicable legislation, cancel, terminate, modify or suspend the Promotion. The Promoter will give public notice of such an event and that the Promotion has been cancelled, terminated, modified or suspended. Force Majeure means any event or circumstance beyond the Promoter’s reasonable control includes, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders of acts of military or civil authority, or by national emergencies, epidemics and pandemics, insurrections, riots, or wars, strikes, lock-outs and work stoppages, terrorism, infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or anything which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Promotion.

The Promoter accepts no responsibility and will not be liable for any late, lost, delayed, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.

The Promoter reserves the right to disqualify any participant or cancel the Promotion in case of fraud, misconduct, or any other unauthorised or unlawful activity.

To the maximum extent permitted by law, as a condition precedent to accepting the Promotion, the Participant must sign any legal documentation as and, in the form, reasonably required by the Promoter, including but not limited to a legal release and indemnity form.

In the event that a dispute arises as to the identity of an online Participant, participation will be deemed to be by the authorised account holder of the email address. The authorised account holder means the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organisation that is responsible for assigning email addresses for the domain associated with the email. The Promoter may ask any Participant to provide the Promoter with proof that such party is the authorised account holder of the email address associated with its participation.

Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Site, or the information on the Site, or to otherwise undermine the legitimate operations of the Promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by a Participant, the Participant agrees to indemnify the Promoter for those losses, damages and costs.

The platform for the Promotion may contain links to other websites. The Promoter does not endorse and is not responsible for the content of any Linked Sites. Any Linked Sites displayed on the platform are for the Participant’s convenience only and the Participant agrees to access, use and otherwise deal with Linked Sites at their own risk.

Social media membership pages, applications and use of social media generally is subject to the prevailing terms and conditions of use of the social media platform. Unless otherwise indicated in these Terms and Conditions, the Promotion is in no way sponsored, endorsed or administered by, or associated with, any social media platform including, but not limited to, Instagram, Facebook, Twitter and Pinterest. If a Participant uses social media to participate in the Promotion, the Participant understands that they are providing their information to the Promoter and not to any social media platform. Participants are solely responsible and liable for the content of their entries and any other information they transmit to other Internet users. By participating in the Promotion, the Participant releases Instagram, Facebook, Twitter, Pinterest or applicable social media site from all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs associate with the Promotion.

Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Promotion, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia.

These Terms and Conditions may be amended or replaced from time to time if required by any regulatory authority.

These Terms and Conditions are governed by the laws of New South Wales. By participating in the Promotion, Participants submit to the exclusive jurisdiction of the courts operating in New South Wales courts and waive any right to object to proceedings being brought in those courts.

These Terms and Conditions represent the entire agreement between the Promoter and any Participant and supersede any prior agreement, understanding or arrangement between the Promoter and any Participant, whether oral or in writing, in relation to the Promotion.

To the maximum extent permitted by law, the Promoter excludes all, warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.

6 September 2023.