PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND MOBILE APPLICATION.
Netkoin Pty Ltd (Netkoin) is based in Melbourne, Victoria Australia with an Australian company number (ACN): 615 339 074
By using this Website and Application, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Netkoin’s Website and Application and “You” and “Your” refers to you, the client, visitor, Website and Application user or person using our Website and Application.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our Website and Application to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Netkoin’s Website and Application rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our Website and Application that you agree and accept that Netkoin is not legally responsible for any loss or damage you might suffer related to your use of the Website and Application, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the Website and Application. This includes your use or reliance on any third party content, links, comments, services, products or advertisements. Your use of, or reliance on, any information, services, products or materials on this Website and Application is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this Website and Application meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
USE OF THE WEBSITE AND APPLICATION
You must be over 18 years of age to use this Website and Application and to purchase any goods or services.
The Website and Application also include geolocation and awareness about your location and functionality linked to your actual location at a given time, in order to provide you location based tailored content. To do that, we use geolocation and/or GPS technology.
EARNING AND REDEEMING NETKOIN TOKEN (NTK) AND OTHER REWARDS
Netkoin’s NTK (“NTK”) may be collected in a number of different ways, as decided by Netkoin and as indicated by the Application, such as by walking into stores, scanning a product item or making purchases at a participating stores when they decide to offer NTK.
NTK and rewards may be collected by walking into a retail shop or near the physical location of the retailer, scanning product items while you are inside the retailer location. These may require You to be physically present at a specific place of the retailer.
Netkoin, at its sole discretion, and for any reason and without notice to You, reserves the right to modify, add, remove, the type of ways and methods by which You can collect and redeem NTK and other rewards.
Netkoin will decide solely which store, location, country, city and the amount of NTK to be available for collection on the Application.
Netkoin may release a test version (such as alpha or beta version) to the public of its mobile application with no guaranty of service or accuracy of the content. NTK in test application are normally virtual and not the real NTK. Hence they can not be exchanged for real NTK.
Below are more information about how you may collect and redeem NTK:
NTK FOR STEP-IN
You may collect Step-In NTK by only physically walking into a location that has been included on Netkoin Application with available NTK. These location has to be open for business and you will be required to use the Application to collect the NTK if available at that location. There may be a limit on how often you can collect NTK from a given location. We may change the amount of NTK available at any time without any notice at the business or Netkoin’s discretion.
We cannot be held responsible for a failure to collect NTK for any reason. Netkoin is under no obligation to notify you when the availability, distribution or changes to NTK have occurred.
We may refrain from attributing to You the collected NTK if we believe these were obtained by circumventing the way the Application normally operates. Netkoin at its own discretion without any obligation to You to provide explanation or clarification may refuse or reverse the allocation of NTK You may have earned through the Application.
We may run analytics and fraud detection capability on our systems to detect and prevent misuse of Our Application and systems.
NTK FOR SCANNING BARCODES
When available at certain locations at participating businesses the Netkoin Application allow you as indicated to scan products or services barcodes from the store if you are only inside the related store or location to collect NTK as indicated in the Application.
Each product or service available to scan will have a limit on how many times you can scan in a given period (i.e a day, a week, et).
The business may pull out the product or service from the scanning list and may change the amount of NTK available to collect when scanning a give barcode.
We cannot be liable for any inaccuracy regarding a product or service or for the failure of scanning and collecting NTK.
You also agree that Netkoin Application may access your device’s camera and that we may store and review scans made by your device.
CLAIMING COLELECTED NTK AND REDEEMING NTK
NTK collected or received have no cash value. NTK may be revoked at any time by Netkoin. All claiming of collected NTK go through Netkoin review and approval process. Netkoin may reject all or part of Your claimed NTK.
Redemptions of NTK for rewards or any other items if available on the Application are final.
Some items or rewards can be physical product, service or digital/virtual that you may receive by email or sms (i.e digital coupon or store voucher etc).
These rewards including vouchers etc may be handled or provided by third party and stores and Netkoin is not liable or responsible for it specification, value, condition or quality or any other aspects of these rewards. Some rewards may require your mailing address to ship the items or rewards. Netkoin is not responsible for the fulfilment of any businesses or third-party rewards or items. Please contact directly the supplier of the Reward regarding any claims you may have.
Netkoin and businesses reserve the right to modify, limit or cancel the type or value of any Reward at any time without any prior notice.
All Netkoin Rewards, NTK and related items are provided “as is” without warranty of any kind.
To redeem NTK for rewards and items, you agree to comply by Netkoin’s rules and applicable laws.
Netkoin reserve the right to reverse any benefit or rewards granted to you regarding any violation of the Terms.
If for any reason including technical issues that prohibit you from collecting NTK due to technical issue or fault or any other issue with the Netkoin app or other supporting network or infrastructure, While we try to prevent that from happening, neither we nor our affiliates or business partners can be held liable for your inability to accrue the NTK or rewards. We cannot guarantee that NTK or other rewards you believe should have been accrued can be credited to you later.
REGISTERING YOUR BUSINESS ON NETKOIN WEBSITE AND APPLICATION
Netkoin may provide different subscription packages for businesses to register their store on the Netkoin Website and/or Application to be visible on the Website and/or Application.
Netkoin may change at its sole discretion the type and specifications of these packages without prior notice to You, also reserves the right to modify, add, remove, the type of ways and methods by which users can collect and redeem NTK and other rewards, how the Application operates, how the Ads appear and to remove or refuse your Store, Ad or catalogue to appear on Netkoin Website and/or Mobile Application.
NTK included as part of these packages or provide to you by Netkoin, collected or received from other Netkoin users have no cash value.
We cannot be held responsible for a failure to collect NTK by users for any reason. Netkoin is under no obligation to notify you or the users when the availability, distribution or changes to NTK have occurred.
LINKS TO OTHER WEBSITES
Netkoin may from time to time provide on its Website and Application, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Netkoin and the owners of those websites. Netkoin takes no responsibility for any of the content found on the linked websites.
Netkoin’s Website and Application may contain information or advertisements provided by third parties for which Netkoin accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
APPLICATION’S WALLET FUNCTION
Netkoin’s Application, enables You to manage one or more digital cryptocurrency wallets and lets You send, request, receive and store supported cryptocurrencies and digital assets. All transactions made through the Application are irreversible.
The Application serves only as an interface to the blockchain and it is not and shall not be considered as an account where Netkoin or other third parties serve as custodians of Your cryptocurrencies or digital assets.
Netkoin has no obligation to support any digital assets or cryptocurrencies. Netkoin takes no responsibility or liability in connection with Your usage of the Application for cryptocurrencies or digital assets including the supported and non-supported cryptocurrencies and digital assets. The Application is only for use with Ethereum (ETH) and with any other cryptocurrencies or digital assets that Netkoin may decide to support in the future at its sole discretion.
Netkoin has no control over any blockchain network. By accessing and/or using the Application, You acknowledge and agree that Netkoin cannot guarantee the confirmation of any transaction on any blockchain network.
Please not the current version is still a beta which is intended for testing only and not for production. Use it at your own risk. We recommend You don’t store large amount of funds.
Although the Application has undergone testing and continues to be developed and improved including through feedback from its users, Netkoin cannot guarantee that there will be no errors and/or bugs in the functioning of the Application.
Netkoin provides You with the means to secure Your Wallet function within the Application, in order that You, and only You, are able to access and transact through Your Wallet in the Application, including Keystore file which is protected by a password that you chose at the creation phase. Netkoin does not store or have access to Your Keystore file and the related password. You shall be solely responsible for safekeeping Your Keystore and password, and any other means of authentication You use to access Your Wallet. If You lose such means of authentication, Netkoin has no way to recover them for You. Consequently You may permanently lose access to any cryptocurrencies or digital assets You have stored in Your Wallet.
PAYMENTS AND FEES
Netkoin reserve the right to charge fees for any of its services. Prior to you using any service to which a Netkoin’s fees apply, fees will be displayed.
Netkoin is not responsible for any indirect or third party fees that may apply when using the Application such as Blockchain transaction fees.
You agree that Netkoin is not responsible for determining whether taxes apply to your Cryptocurrency, digital assets or Ethereum-based transactions or for collecting, reporting, withholding, or remitting any taxes arising from any transactions.
It is your responsibility to determine if any, taxes apply to the transactions that you have submitted transaction details for via the Application, and it is your responsibility to report and remit the correct tax to the appropriate tax authority.
YOUR USE OF THE APPLICATION
As a user of the Application, We grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license to use the Application. When accessing and/or using our Application, You agree that:
- You will not violate any laws when using our Services. This includes any local, provincial, state, national, federal or international laws that may apply to you.
- You will not use our Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, fraud, illegal gambling, money laundering, or terrorist activities.
- You will not encourage or induce any third party to engage in any of the activities prohibited under any local, provincial, state, national, federal or international laws that may apply to you.
If We discover that you have violated this Agreement or other regulatory requirements we will take proportional disciplinary action.
You acknowledge and agree that You shall not access and/or use the Services if:
- Based on Your country of location, residency and/or citizenship, the applicable laws prohibit You from doing so in accordance with these Terms.
- You are in, under the control of, or a national or resident of a country subject to United States embargo or UN sanctions
- You are a person on the sanctions/embargos list published by the Swiss State Secretariat for Economic Affairs
- Your access and/or use of the Services is subject to international economic sanctions requirements.
- You intend to supply any cryptocurrencies or digital assets to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
If we discover that you have violated this Agreement or other regulatory requirements we will take proportional disciplinary action.
NO CLASS PROCEEDINGS
You will not be permitted to pursue claims against Netkoin as a plaintiff or class member in any class or representative action or proceeding.
To the fullest extent permitted by law, Netkoin absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Netkoin gives no warranty that the documents, goods, Application or services will be free of errors, or that defects will be corrected, or that our Website and Application or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our Website and Application, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its Website and Application or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Netkoin to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this Website and Application or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Netkoin’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Netkoin collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
We may use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
Netkoin may be required, in certain circumstances, to disclose information in good faith and where Netkoin is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Netkoin. Netkoin expressly excludes and does not permit you to use or access our Website and Application, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Netkoin will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Netkoin reserves the right to exclude and deny any person access to our Website and Application, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This Website and Application contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this Website and Application.
Netkoin expressly reserves all copyright and trademark in all documents, information and materials on our Website and Application and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the Website and Application as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and Netkoin concerning your use and access to Netkoin’s Website and Application and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this Website and Application are subject to the laws of VIC and Australia. If there is a dispute between you and Netkoin that results in litigation then you must submit to the jurisdiction of the courts of VIC.
The Netkoin’s NTK tokens are not refundable, nor are they securities or for speculation. There is no promise of future performance. There is no promise or suggestion that NTK currently has or will hold a particular value. NTK give no rights in the Netkoin company and do not represent participation in the company. The NTK tokens are provided or sold as a functional good. Any value received by the Netkoin company may be spent without conditions.
The information provided shall not in any way constitute a recommendation as to whether you should invest in any product discussed.
Netkoin accepts no liability for any loss occasioned to any person acting or refraining from action as a result of any material provided or published.
If you require further information regarding Netkoin’s Terms and Conditions please email us at Terms@Netkoin.com
Last modified on the 27 January 2019.
Copyright © 2019, Netkoin All Rights Reserved.
Netkoin Pty Ltd – Australian Company Number: 615 339 074