Terms & Conditions
1. About the Website
1.1. Welcome to the hodlco.io website.
1.2. The Website operates under ACN 622 235 750. Access to and use of the Website, or any of its associated Services, is provided by Hodlco Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
1.3. Hodlco Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Hodlco updates the Terms, it will use reasonable efforts to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Hodlco Pty Ltd through the hodlco.io website.
3. Lifetime Membership
3.1. Lifetime membership obtained within the hodlco kickstarter, gives the ‘individual’ member ‘full access’ to the hodlco.io website, wallet and merchant terminals with ‘Zero fees’ for the remainder of the registered individuals life. (a)The term ‘zero fees’ applies to all transactions ‘within’ hodlco’s systems including website, wallet and merchant terminals,(for ‘individual’ use only).
3.2. The term ‘lifetime membership’ applies to the individual who’s name is associated with the lifetime membership account ‘only’. Once the account is activated or ‘active’, the membership is ‘non-transferable’ and only useable by the individual named in that account.
3.3. Hodlco reserve the right to suspend or close an account, at anytime, if suspicious or fraudulent activity is detected.(Hodlco Pty Ltd will not be held liable for any potential loss/s due to an individuals account being suspended or closed due to suspicious or fraudulent activity.)
3.4. The ‘lifetime membership’ is not to be used by ‘anyone else’, for any reason.
3.5. Blockchain fee’s are ‘not’ included in the ‘zero fees for life’. Blockchain fees do vary and will be added to transactions that interact ‘directly’ with the Bitcoin blockchain.
3.6. Additional Benefits of ‘lifetime membership’ may be announced, implemented and expire at anytime, subject to Hodlco pty Ltd’s discretion.
4. Intellectual Property
4.1. The Website, the Services and all of the related products of Hodlco Pty Ltd are copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Hodlco Pty Ltd or its contributors.
4.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Hodlco Pty Ltd.
4.3. Hodlco Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
6. General Disclaimer
6.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
6.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Hodlco Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
6.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Hodlco Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or services of Hodlco Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Hodlco Pty Ltd; and
(d) the Services or operation in respect to links which are provided for your convenience.
7. Limitation of liability
7.1. Hodlco’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
7.2. You expressly understand and agree that Hodlco Pty Ltd, its affiliates, employees, and agents shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
8. Chain splits and forked coins
8.1. In the event of a ‘fork’ from the Bitcoin ‘main chain’, Hodlco Pty Ltd reserves all rights and ownership of the new coin.(all profits will be donated to the charity of hodlco’s choosing). This will only be implemented once the the chain of the new coin has been deemed ‘safe’ by Hodlco Pty Ltd.
8.2. Individuals have the right to withdraw any and/or all coins held by Hodlco Pty Ltd at anytime prior to the fork.
8.3. In the event of a ‘fork’, Hodlco Pty Ltd will not be held responsible for any loss or potential loss, to the customer for any reason related to the fork.
9.1. You agree to indemnify Hodlco Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
10. Governing Law
10.1. The Terms are governed by, but not limited to, the laws of Queensland, Australia.
(a)Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
(b) Due to the constantly evolving nature of Bitcoin, it is your responsibility to update yourself on the latest rules, regulations and Laws (including KYC & AML laws) for every location you use hodlco’s website, wallet and merchant facilities.
(c) Local, State and Federal Laws apply in every location you use hodlco’s website, wallet and merchant facilities.
11. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.