Terms of Service:
Before accessing or using the Website please read these conditions carefully. By accessing or using any part of the website, you agree to be bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If under the jurisdiction where you access or use the website these terms and conditions are considered an offer by BitScan, acceptance is expressly limited to these terms only. The Website is available only to individuals who are at least 18 years old.
- Your Account and Site. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur and any other actions taken in connection with the account. If you describe or assign keywords to your account in a misleading or unlawful manner, or in a manner intended to trade on the name or reputation of others, BitScan may change or remove any description or keyword that it considers inappropriate or unlawful, or in the opinion of BitScan is likely to render it liable to legal action. You must immediately notify BitScan of any breaches of security including but not limited to unauthorized uses of your account. BitScan will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. You are responsible for any post, comment, or any other material that you, or you allow a third person to post to the Website, ("Content"), and You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
(a)the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, or trademark, of any third party;
(b)if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
(c) you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
(d)the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
(e)the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
(f)the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
(g) your account is not named in a manner that is designed to mislead or decieve. For example, is not the name of a person other than yourself or company other than your own; and
(f)you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Bitscan or otherwise.
2.1 By submitting Content to BitScan for any purpose, you grant BitScan a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete Content, BitScan will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
2.2 Without limiting any of those representations or warranties, BitScan has the right in it's sole discretion to (i) refuse or remove any content that, in BitScan's reasonable opinion, violates any of it’s policies or is in any way harmful or objectionable, and to (ii) terminate or deny access to and use of the Website to any individual or entity for any reason with no obligation to provide a refund of any amounts paid by you.
- Payment By selecting a product or service, you agree to pay BitScan the subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for the subscription period as indicated. Payments are not refundable.
- Automatic Renewal Unless you notify BitScan before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be cancelled at any time by submitting your request to BitScan in writing.
- Fees By signing up for a Services account you agree to pay BitScan the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. BitScan reserves the right to change the payment terms and fees upon prior written notice to you. Services can be cancelled by you at anytime on written notice to Bitscan.
- Responsibility of Website Visitors. BitScan has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, BitScan does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Bitscan disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Daily Analysis and Bitbuzz. BitScan shall use its reasonable endeavours to ensure that the information contained or reproduced on the Daily Analysis and Bitbuzz sections of the Website is obtained from sources believed to be reliable and has been prepared in good faith and with all reasonable care. BitScan does not accept any responsibility to update or amend any information and makes no warranty concerning the completeness and exactness of such information. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. Daily Analysis and Bitbuzz are provided for informational purposes only, and no Content provided by BitScan is intended for trading or investing purposes. BitScan and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via any section of the Website, and shall not be responsible or liable for any trading or investment decisions based on such information.
- Classifieds. Bitscan has established a set of rules regarding its Classified listings. Breaches of these rules shall result in the cancellation of the listing. When these rules are breached BitScan will email the seller, explaining that a listing has been ended. Before listing your item, make sure it's allowed on Bitscan (Prohibited and restricted items: Drugs & Drug Paraphernalia, Firearms, Ammunition, Replicas and Militaria, Human Parts and Remains, Items Encouraging Illegal Activity, Offensive Material, Prescription Drugs, Stolen Property and Property with Removed Serial Numbers, Tobacco, Weapons & Knives.). If you believe that a listing violates Bitscans’ policies, please report it to Bitscan. Sellers also need to make sure that the sale of their item complies with all laws in their jurisdiction.
- Notice and Takedown Policy
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which links, and that link to the website. Bitscan does not have any control over those non-BitScan websites and webpages, and is not responsible for their contents or their use. By linking to a non-Bitscan website or webpage, Bitscan does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. BitScan disclaims any responsibility for any harm resulting from your use of non-BitScan websites and webpages.
- Copyright Infringement and Takedown Policy. As BitScan asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the website violates your copyright, you will notify BitScan in accordance with Bitscan's Notice and Takedown Policy. BitScan will respond to all such notices, including as required removing the infringing material or disabling all links to the infringing material. Bitscan will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Bitscan or others. In the case of such termination, BitScan will have no obligation to provide a refund of any amounts previously paid to BitScan.
If you are a rights holder and are concerned that you have found material on our website, for which you have not given permission, or is not covered by a limitation or exception in national law, please contact us in writing stating the following: Your contact details.
Proof that you are the rights holder and a sworn statement that you are the rights holder or are an authorised representative including physical or electronic signature of the copyright owner. NOTE: If an agent is providing the notification, also include a statement that the agent is authorized to act on behalf of the owner. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Bitscan to locate the material.
- Intellectual Property. This Agreement does not transfer from BitScan to you any BitScan or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with BitScan. BitScan, the logo, and all other trademarks, service marks, graphics and logos used in connection with , or the Website are trademarks or registered trademarks of BitScan or BitScan Online's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any BitScan or third-party trademarks.
13. Trade Section Advertisements.
13.1 Registration and membership
(a)If you wish to advertise on the Trade Section of the Site ("advertiser");you must become a registered member of the Site. To become a member, you must complete your registration details in the manner described on the Site. Registration is free.
(b)Upon registration, you will be provided with a password and account designation.
(c)You agree to ensure that your registration details are true and accurate at all times. Specifically, you must notify us of any change to the registration details and update the registration details as originally supplied.
(d)You must not disclose any user ID, password or other log in information to any person.
` 13.2 Obligations of Advertiser
(a)By becoming an advertiser you agree that: (i) you will be responsible for all aspects of the production of the content; (ii) you will ensure that your content is up to date, accurate and not misleading; (iii) you warrant that your content is not fraudulent, defamatory and does not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person; and (iv) you must procure on behalf of yourself and on behalf of us all proper licences, clearances, permissions and releases in writing in respect of any copyright material included in your content so that your content can be distributed on line from our database to our subscribers.
13.3 Our right to alter or withdraw your material
(a)BitScan may withdraw or alter any material you provide us for display in the Trade Section on the Site if: (i) we reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of the Terms (including any rules, guidelines or policies), any law or third party rights; (iii) or we are instructed to do so by any third party.
13.4 No warranty
(a)BitScan take all reasonable care in compiling the Trade Section on this Site. However, the information and content in the Trade Section is provided 'as is' and we do not warrant or represent that it is complete, current or free from errors or omissions.
(b) BitScan provide information in our Trade Section with reasonable care and skill and endeavour to ensure availability of our services and access to this Site. However, the availability of our services and access to this Site may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that our services and/or your access to this Site or its content will be continuous, uninterrupted, timely, fault free, virus free or secure.
(c)If you become aware of any inaccuracies or omissions in the information provided in the Trade Section on this Site, we would be grateful if you could bring this to our attention.
13.5 Our liability to you
(a)The terms that apply to our supply of the Site are those that are set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
(b) BitScan accepts our liability to you for breach of contract or negligence under the principles applied by the courts, but: (i) we do not accept liability to you for losses that result from your use of our services in connection with the conduct of a business. However, we will accept that liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, we limit our liability to re-supplying, repairing or replacing the relevant goods or services (or payment of the cost of re-supply, repair or replacement) where it is fair and reasonable to do so; (ii) we are not liable for any loss to the extent it is connected with any dispute between you and one or more other users of the Site, including in relation to transactions entered into with other users of the Site; (iii) we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);(iv) we are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; (v) we are not liable for any loss caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission); and (vi) we are not liable for any loss caused by the alteration, withdrawal or restoration of any material in accordance with our terms and policies.
13.6 Your liability to us
(a)You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable to BitScan for any loss to the extent that it is caused by BitScan (for example through our negligence or breach of contract).
(b)You agree to indemnify BitScan and our officers, employees and agents, against all claims, demands, damages, costs, penalties and liabilities caused by your breach of the Terms.
13.7 Termination, suspension and limitation of your access - material breach by you
(a) BitScan may bar, suspend, terminate or limit your access to the Site (including terminating your registration if you are a registered member of the Site) at any time if you are in material breach of the Terms and: (i) we have told you in writing of your breach and you have failed to remedy it within the specified time frame; or (ii) the breach is something which cannot be remedied (in which case we can bar, suspend, terminate or limit your access to the Site immediately by telling you).
(b)If you are in material breach of our Terms and BitScan have barred, terminated, suspended, or limited your access, you must not circumvent this action by any means, including but not limited to placing further content on the Site under another account name or pseudonym. If BitScan identify that this has taken place the relevant content will be immediately removed without further notice to you.
13.8 Our rights in relation to termination, suspension or limiting access
(a) BitScan may suspend, terminate or limit your access to this Site with as much warning as we reasonably can, if: (i) BitScan reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to this Site; (ii) the law requires us to do so; (iii) BitScan believe on reasonable grounds that providing you with access to this Site or to the content on the Site is illegal or may become illegal; (iv) there is an emergency; or (v)we have received a serious complaint or multiple complaints regarding your activity and/or membership.
(a)Unless otherwise indicated, BitScan own, or use under licence, copyright in the contents and design of this Site (including the database of which your content may for a part). Information procured from a third party may be the subject of copyright owned by that third party.
(b)We acknowledge that intellectual property rights in your content do not alter by virtue of these Terms.
(c)Except as set out below, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, you must not reproduce, adapt, store in a retrieval system, transmit, print, display, perform, publish or create derivative works from any part of the content or design of this Site without our written permission or, in the case of third party material, from the owner of the copyright in that material.
(d)You may view the content of this Site on your Internet browser and also print copies of the content of this Site: (i) for personal or non-commercial purposes; and (ii) provided that you do not remove or modify any copyright notices.
13.10 Trade marks
(a) BitScan is a trademark of BitScan Pty Limited.
(b)The BitScan brand and the Radar logo are trade marks of BitScan Pty Limited.
(c)You may not use, modify or permit the modification of any of the above trademarks without the prior written consent of BitScan.
13.11 Third party web sites
(a)This Site may contain links to other websites which are not maintained or controlled by BitScan or our related companies ("third party site"). Third party sites are not part of the Site. These links are provided by BitScan solely for your convenience.
13.12 Advertisers Introduction Fee
If an account holder introduces an advertiser to our site BitScan will offer an introduction fee of 10% of the Value of the advertisers ad buy contract. (i) The “Value of the advertisers ad buy Contract” means the value of the initial ad buy contract that the advertiser agrees to pay BitScan. (ii) We will pay you the Fee only once the advertiser has signed a contract with us and has paid the initial instalment; (iii)This introduction fee applies only to the advertising buy. If BitScan and the advertiser have any future or ongoing work it is not included in this agreement. Beyond the introduction Fee, BitScan shall have no other financial obligations to the account holder
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. BitScan reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. BitScan may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. BitScan may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by BitScan if you materially breach this Agreement and fail to cure such breach within from BitScan 's notice to you thereof; provided that, BitScan can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties You expressly understand and agree that:
(a) Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. BitScan and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) BitScan and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the software will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) No advice or information, whether oral or written, obtained by you from BitScan or through or from the service shall create any warranty not expressly stated in the Terms of Service.
- Limitation of Liability
SUBJECT TO APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BITSCAN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BITSCAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- Exclusions and Limitations Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 16 and 17 may not apply to you.
- Access to Site outside Australia BitScan does not represent or warrant that the content on this site complies with the laws of any country outside of Australia. If you access this Site from outside Australia, you do so at your own risk
- Indemnification. You agree to indemnify BitScan, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal costs, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between BitScan and you concerning the use of the website, and they may only be modified by a written amendment signed by an authorized executive of BitScan, or by the posting by BitScan of a revised version. This Agreement will be governed in all respects by the laws of New South Wales, Ausralia. If a dispute cannot be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation then you and BitScan irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; BitScan may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.