Terms and Conditions
These Terms and Conditions (“Terms”) govern the use of the website at https://orangebrickroad.com.au/ (“Site”) and associated services provided on or through the Site (collectively the “Platform”) and form a binding legal agreement between the customer (“you”, “your”, “Users”) and Orange Brick Road Pty Ltd (ACN 655 540 480) operating under the business name “Orange Brick Road” (“we”, “us”, “our”). We provide and operate the Platform. By using the Platform, including accessing the Site, you agree the these Terms.
Please read these Terms carefully. As long as you comply with these Terms as modified from time to time, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, limited right to use the Platform.
- Amendments to these Terms may be made
These Terms may be amended at any stage without notice at our sole discretion and will be effective immediately upon their publication on the Platform. We will endeavour to notify you via your account or by email prior to any changes but do not guarantee that we will do so. By continuing to use the Platform, you agree to the changes set out in these Terms and any amended Terms. If you do not agree to any modification to these Terms, you should cease using the Platform immediately.
You agree that all subsequent use will be subject to the Terms then in effect.
We encourage you to review these Terms often to stay up to date with the current terms and conditions that apply to your use of the Platform.
- Description of the Platform and Exclusions
The Platform is provided by Orange Brick Road Pty Ltd to Australian residents and is not intended to be offered or made available to non-Australian residents. In order to access the Platform, you must be an individual, sole trader, partnership, company, or trustee (including corporate trustees and self-managed super funds) that resides in, or is incorporated in, Australia.
You must be over 18 years of age to use the Platform.
The information on the Site and the use of the Platform is not intended for any person who is not an Australian resident and is not made available to any person in any jurisdiction where its distribution or use would be contrary to any law or regulation. Nothing on the Site or the Platform should be considered an offer or solicitation to buy or sell any service or product to any person in any jurisdiction where such offer or solicitation would be unlawful.
The Platform is primarily for informational and educational purposes only and does not provide financial product advice or services. We may provide links on our Site to other websites that offer products and services. We expressly disclaim any liability for any subsequent use of any external website or link and give no guarantee or warranty that such links will be error free, secure or link to the correct external website.
We do not provide any recommendation to transaction in any digital asset or currency on our Platform and by using the Platform you expressly acknowledge that any action you take in relation to any digital asset or product is at your own risk and that we are not liable for any consequences that arise from your actions.
We may receive commissions from links provided on the Site.
- Risks you acknowledge
Digital currencies are a high risk asset which requires a heightened level of security precautions by the user. The digital currency market is generally more volatile than traditional financial markets and, as a market that operates 24/7, your assets are constantly appreciating or depreciating in value. This can result in significant losses. Since the purchase of digital currency is not akin to purchasing other currencies, where a legal entity such as a government backs the currency, there is no legal entity that regulates digital currencies. Rather, digital currencies rely on blockchain technology to safeguard your assets and their movements. In the event of a crisis or similar event, there is no entity that will protect the digital currency market to minimise investor losses.
The User confirms that in using the Platform and using any information or educational resources on the Site it fully understands the following risks:
Volatility Risk: digital assets may rise or fall. The value of digital assets is affected by factors outside of the control of us. In particular:
- The value of digital assets may be affected by new digital assets being created or developed or other forms of digital currencies or similar commodities being developed;
- values can deviate significantly from the prevailing market rate due to technology errors, volatility, scarcity, or user behaviour.
System or hardware failure, Unauthorised Access or Fraud Risk: data held by us may be lost if you, us or any third party is subject to system or hardware failure, unauthorised access or a fraud event, and to the maximum extent permitted by law you bear the risk of that loss.
Scams and fake communications and websites: The Platform provides information in an area where scams, fake messages and websites are prevalent, you may receive emails of communications from entities purporting to be us, it is your responsibility to verify any communication that purports to be from us and we take no liability for any loss or damage suffered by you due to any action taken by you in reliance on any communication. You should not take any action in reliance on any communication from us without first properly verifying that the communication did come from us.
There may be other websites made to look similar to our website and these website may seek to steal your personal information. You should carefully verify any website you visit before taking any action on that website.
We are not an Australian Financial Services Licensee and nothing in these terms, the Platform, or any other material published or made available by us (whether in print or online) should not be taken as legal, taxation, or financial product advice. We encourage you to seek your own financial, legal, tax and accounting advice.
You should analyse your risk preferences and financial situation carefully before taking any action in relation to digital assets.
- Commissions and Fees
The fees applicable to any of our information, content or services will be displayed to you prior to you accessing those items. You acknowledge and agree that these fees may be modified from time to time.
Commissions may be paid to us from third parties if you use those third parties through links on our Site. We do not disclose these commissions directly to you but may do so on request.
You are responsible for monitoring your use of the Platform and we will not be liable for your use of the Platform.
If we reasonably believe that you may be associated with fraud, money laundering or terrorism financing, or are suspected of being in breach of any other laws or any of the restrictions outlined in these Terms, we reserve the right to suspend, delay or cancel your access to the Platform.
- Identity Verification
We may require you to go through identification procedures at our discretion.
- Restrictions on using the Platform
The Platform must not be used for any of the following purposes:
- For any illegal or unlawful purposes, including money laundering, terrorism financing, fraud, and any other purpose that is prohibited by statute, regulation or any other governmental policies or regulations;
- To support or participate in multi-level marketing, pyramid, or ponzi schemes;
- For commercial purposes or purposes that manipulate assets, users or third parties;
- For the purpose of compromising our systems or Platform, by attacking or overloading these systems with malware, viruses, malicious code, or by attempting to access, disassemble or reverse engineer these systems and the information contained within these systems;
- For any commercial purposes;
- To attack or harass our any individual;
- To bypass or circumvent any of these Terms, our procedures, or any other applicable policies; and
- Any other action that we, at our sole discretion, deem inappropriate.
We make no representations, warranties or guarantees about the Platform. To the maximum extent permitted by law, in no event does Orange Brick Road Pty Ltd nor any of its directors, employees, agents or related bodies corporate accept liability for any direct, indirect, consequential or incidental loss, liability, damage, inconvenience, claim or additional expense which may be suffered as a result of your use of the Platform.
Other than as expressly set out in these Terms, to the maximum extent permitted by law, we exclude all representations, conditions, terms and warranties in connection with the provision and marketing of our Platform.
Where a failure to provide the Platform in accordance with these Terms arises, or where there is negligence on our part in relation to the Platform, to the maximum extent permitted by law, we limit our liability to repeating the provision of the services on the Platform or the cost of repeating the provision of the services on the Platform.
Applicable law will limit our liability to the relevant remedies in the event that our liability cannot be excluded. These terms and conditions do not limit any of your possible rights as a consumer as set out by the applicable laws.
To the full extent permitted by law, we are not liable for any damages, losses, costs, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, loss of digital assets or AUD or any other direct, indirect or consequential loss to any person arising out of any use of the Platform, us acting or failing to act on any matter, any failure of the Platform, any error or failure or lack of any security measures by us or any third party except to the extent the loss is directly caused by our fraud or wilful default.
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- Security of Account and Transactions
Users are responsible for maintaining the confidentiality and security of their account information. Users agree to notify us immediately by email of any unauthorised use of their account, or any other breach of security.
- Access to the Platform
The integrity of the Platform is extremely important to us. The Platform is provided on an ‘as is’ basis, and though reasonable steps are taken to sustain the reliability of the Platform, we make no representations, guarantees or warranties that:
- (i) there will be operational stability, availability or continuation of the services provided on the Platform;
- (ii) the Platform will be uninterrupted, secure, reliable, timely, error-free or free from any virus, malware or any other digital attack;
- (iii) the Platform will be safe from unauthorised access, fraud or any other illegal or suspicious activity;
- (iv) no third party rights will be infringed as a result of your use of the Platform; and
- (v) there will be any continuation of the agreement formed under these Terms.
You acknowledge that your use of the Platform is at your own discretion and in compliance with all applicable laws.
It is your responsibility to ensure that any details used to access the Platform, as well as the device you use to access the Platform, are kept safe by taking reasonable steps to prevent any loss, damage, theft or misuse from taking place.
If you suspect that your account has been compromised, or if you become aware of a fraud, attempted fraud, or any other security breach, please contact us as soon as possible. You will be required to provide us with accurate and up to date information throughout the duration of the incident and take any steps necessary to mitigate or manage the consequences of the incident.
- Intellectual Property, Copyright and Trademarks
The intellectual property contained in the Platform is owned by Orange Brick Road Pty Ltd or our licensors. By using the Platform, you do not acquire any rights to this intellectual property.
All content related to the Platform is copyrighted and owned by Orange Brick Road Pty Ltd or its affiliated entities. Unless indicated otherwise, expressly on the Platform or under applicable copyright laws, you are authorised to view, play, print and download the content found on the Platform for personal, informational, and non-commercial purposes only. Apart from the aforementioned reasons, except as permitted by applicable copyright laws, the content cannot be used for any other purposes, including but not limited to copying, modifying, distributing, displaying, transmitting, reproducing, publishing, performing, licensing, transferring or selling any part of the content. You may not reuse the content without first obtaining our consent or the consent of our affiliated companies, whichever the content relates to. No trademark, copyright or other proprietary notices from the content found on the Platform will be removed from the Platform by you.
Orange Brick Road Pty Ltd or our affiliated bodies corporate have exclusive ownership of and retain exclusive rights to all trademarks, logos, names and service marks (collectively the “Marks”) that appear on any of our products or services and are protected by applicable trademark laws and treaties, whether registered or not. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Platform, without our prior written consent. Using the Marks on any other application, website, computer environment, or physical environment is prohibited, unless express consent has been given by us.
- Rights We Reserve
We reserve the right to change or discontinue any and all aspects of the Platform at any time without your consent.
We reserve the right to impose limits on your use of the Platform at any time at our discretion.
We reserve the right to refuse access to the Platform.
We reserve the right to restrict or block your access to the Platform if we believe, at our sole discretion, that you have breached these Terms, any applicable laws, or are otherwise using the Platform in such a way that undermines the integrity of the Platform, our brand, or our licensors brand. We also reserve the right to contact third parties for the purposes of notifying or warning them about your actions.
If necessary, we reserve the right to take legal action against you.
You are responsible for determining whether any taxes apply to your use of the Platform.
- Termination and Account Deletion
These Terms will apply for the duration of your use of the Platform. Your access to the Platform may be limited, suspended or terminated if:
- You use the Platform to conduct or engage in illegal activities;
- You perform a fraudulent action when using the Platform;
- Your use of the Platform is subject to a pending investigation, either by us or by relevant law enforcement; or
- We are instructed by law enforcement or regulatory bodies to cease the provision of the Platform to you.
You may also voluntarily close your account and cease using the Platform.
- No Waiver
If either party, you or us, fails to act with respect to a breach by the other party, this does not waive any right to act in the case of subsequent or similar breaches.
These Terms, as well as our rights and obligations under them, may be assigned by us, in whole or in part, to any person or business entity in a position to discharge them properly. Your rights or obligations under these Terms may not be assigned without our prior written consent.
If any provision of these Terms is deemed invalid or unenforceable, the provision will be enforceable to the maximum extent permissible and the remaining provisions will remain in full force and effect.
- Entire Agreement
These Terms and all documents referenced in these Terms comprise the entire agreement between you and us in relation to your use of the Platform and supersede all prior agreements between the parties.
- Jurisdiction and Governing Law
All disputes are governed by the laws of Western Australi, Australia. You submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State.