SCHEDULE
Promoter or "we" "us" "our"
Name: WEB3 Ventures Pty Ltd (trading as Block Earner) (ABN 63 655 090 869)
Address: WorkClub Barangaroo, Suite 6.01, Level 6/201 Kent St, Sydney NSW 2000
Email: support@blockearner.com.au
Promotion
Promotional Period
Start Date:
5 July 2023 09:00
End Date:
31 December 2024 23:59
The Promoter has the right to end the Promotion earlier than the End Date ("Revised End Date").
Criteria
To be eligible to take part in the Promotion, the Participant must:
The Promotion may be used in conjunction with other promotions that the Promotor offer from time to time.
Eligible Service
The Promotion is provided for joining the waitlist for our new service, which is yet to launch, called "Crypto Vault". Crypto Vault is a service whereby we take custody of and secure our customers’ crypto assets and gold for a fixed period of time (Crypto Vault Service).
After the launch of Crypto Vault Service, we will charge on a daily basis Participants a GST-inclusive service fee of 0.30% of the stored crypto assets and gold, for use of the Crypto Vault Service (Service Fee). The details of the Service Fee and the Crypto Vault Service will be available on our website at/terms-of-use as amended from time to time.
Disclaimer
You understand and agree that:
TERMS AND CONDITIONS
1.
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.
2. Promotional Period
The Promotional Period commences on the Start Date and concludes on the End Date, as particularised in the Schedule.
3. Eligibility
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.
4. How to participate
To be eligible, Participants must, during the Promotional Period, satisfy the Criteria, as particularised in the Schedule.
5. Multiple entries
Each Participant may only take part in the Promotion once.
6. Verification of entries
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.
7. Expenses
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).
8. The Promotion is not transferrable and not redeemable for cash.
9. Personal information
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 .
10. Non-Excludable Guarantees
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).
11. Consequential Loss
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.
12. Liability
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:
13. Force Majeure
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.
14. Ineligible entries
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.
15. Legal documentation
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.
16. Online participation
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.
17. Legal Warning
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.
18. Linked Sites
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.
19. Social Media
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.
20. General
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.
21. Amendments
These Terms and Conditions may be amended or replaced from time to time if required by any regulatory authority.
22. Jurisdiction
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.
23. Entire Agreement
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.
24. Representations
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.
25. Last updated
4 July 2023.