TERMS OF SERVICE

1. About the Website

1.1. Welcome to www.BitcoinRewards.com (BitcoinRewards.com.au, BitcoinRewards.co.uk, BitcoinRewards.co.nz) (the 'Website').

1.2. The Website is operated by Trajans.Market Pty Ltd, Trading as BitcoinRewards, ABN 48 614 357 452. (referred to hereafter as 'we', 'us' or 'our' or ‘BitcoinRewards’) which owns, operates and provides the Service known as BitcoinRewards (“the Service”) as well as the www.BitcoinRewards.com Website, through which the Service is made available.

1.3. The Website requires membership, which is free. Members of the Website are referred to as Members.

1.4. The Website rewards Members for transacting with the Website’s retail partners and advertisers. Rewards are paid out in Bitcoin Cash. (also known as “the Service”).

1.5. Access to and use of the Website, or any of its associated products or Services, is provided by BitcoinRewards and are subject to these terms and conditions (the 'Terms'). 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 Services, immediately.

1.6. Trajans.Market Pty Ltd, trading as BitcoinRewards reserves the right to review and change any of the Terms by updating this page at its sole discretion, at any time when BitcoinRewards updates the Terms, it will use reasonable endeavours to provide you with notice to 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

2.1. Your membership of the Website and use of the Services is conditional upon your express agreement with, acceptance of and compliance with these Terms. You accept the Terms by remaining on and continuing to use 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 BitcoinRewards in the user interface.

2.2. The submission of your BitcoinRewards membership application constitutes your acceptance of these Terms Of Use.

3. Subscription to use the Services

3.1. In order to access the Services, you must first apply for a membership (the 'Membership') and create an account using a valid email address (an 'Account').

3.2. In registering an Account for Membership, you acknowledge and agree that you meet with the following requirements:

  • You are 18 years of age or older; or if you are between 14 and 17 years of age, you must have your parent's or guardian's permission to join.

3.3. Individuals 13 years of age or below are not eligible to join the Services.

3.4. As part of the registration process, or as part of further or continued use of the Services, you may be required by us to provide personal information about yourself (such as formal identification or contact details), including, but not limited to:

  • A valid email address (referred to as the 'Registered Email Address'). The Registered Email Address you provide when you register for your Account must be an active email address in regular use by you and not associated with any other parties. If you ever discontinue use of the Registered Email Address, for your membership to remain active you must advise us of a new, active email address that you regularly use. You must advise us within 48hours; and
  • a physical mailing; and address (P.O. Box addresses are not acceptable); and
  • a telephone number; and
  • a password; and
  • Bitcoin Cash payment/wallet address.

3.5. You warrant that any information you provide us in the course of completing the registration process is accurate and you undertake to make sure that such information always remains accurate, correct and up to date.

3.6. You must keep the information that you have provided to us current and up-to-date.  You can check, supplement and update the information you have provided by accessing the "Settings" section of your account. Any loss of Bitcoin Cash due to incorrect wallet address provided by you is your sole responsibility and we will not be held responsible for any such loss.

3.7. Once you have completed the registration process, you will be a registered member of the Website ('Member') and agree to be bound by these Terms. As a Member, you will be granted immediate access to the Services from the time you have completed the registration process.

3.8. Membership is granted per user. Duplicate Accounts will be cancelled without any notice to you.

3.9. You may not use the Services and may not accept the Terms if:

  • you are not of legal age (or if you are between 14 and 17 years of age, you must have your parent's or guardian's written permission to join) to form a binding contract with BitcoinRewards; or
  • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

3.10. BitcoinRewards Newsletter and Advertising emails:

  • When you join the Service, you give us consent to send you information on new promotions and ways to earn rewards, specific offers to earn rewards and commercial advertising messages via email (referred to as ‘BitcoinRewards Newsletter’).
    Each time you receive an email of this type, you will be able to tell us if you no longer wish to receive them. You will be able to unsubscribe from marketing communications at any time by clicking on the unsubscribe link that you will find at the bottom of each communication you receive from us.
  • Our BitcoinRewards Newsletter may contain reward offers as well as advertising contents. (referred to as ‘Advertising Emails’). To be eligible to earn rewards for an advertising email you must follow the instructions provided in the email.
  • Receiving the BitcoinRewards Newsletter and Advertising Emails are an optional part of the Service. Therefore, you may opt-out of receiving such communications at any time after your registration is complete.

4. Your obligations as a Member

4.1. As a Member, you agree and warrant to comply with the following:

  • you will use the Services only for purposes that are permitted by:
    • the Terms; and
    • Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
  • you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your membership;
  • Any use of  your  registration  information  by  any  other  person,  or  third -parties is strictly prohibited. You agree to immediately notify BitcoinRewards of  any  unauthorised  use  of  your  password  or  email address or any breach of security of which you have become aware;
  • access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of BitcoinRewards providing the Services;
  • you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed and approved (in writing) by the management of BitcoinRewards;
  • you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
  • you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by BitcoinRewards  for  any  illegal  or  unauthorised  use  of  the Website; and
  • you acknowledge and agree that any automated use of the Website or its Services is prohibited.

4.2. Accuracy, honesty and integrity
4.2.1. At all times in your dealings with us and our partners and suppliers you must act with integrity and honesty.
4.2.2. From time to time, we may invite you to participate in surveys to assist us to provide better Services to you. When filling in and responding to our research surveys that you have been invited to participate in, you must answer questions accurately and truthfully. You must not use inappropriate or profane language in your responses.

4.3. Spam and Junk Mail:
4.3.1. In these Terms, 'Spam' means the use of email, online Forums, online chat rooms, Social media, or an electronic messaging service to send a message which:

  • is addressed and send without the implied or express consent of the recipient;
  • is sent with the intention of being an unsolicited email or Spam to promote the Service;
  • contains information that is unsolicited or unwelcome; and
  • You must not use the Service to send Spam.

4.4. Unlawful use of our Services:
4.4.1. You must not:

  • use the Service for any purpose that is unlawful;
  • Engage in any kind of hacking, tampering, spoofing or abuse of the Website or any aspects of the Services or engage a third party to do so on your behalf;
  • Use any software or automated bots to interfere with the function of the Website;

4.4.2. If you breach any of the above conditions or any provision of these Terms we reserve the right to cancel your Account immediately, without prior notice to you and commence proceedings against you for damages or expenses arising directly or indirectly as a result of your actions.
4.4.3. We reserve the right to monitor the Services and your Account without any notice to you and to retain and disclose information to any law enforcement authority, as permitted by law upon the request of any law enforcement authority, in any jurisdiction, or on our own volition.

5. Redemption of Rewards:

5.1. General conditions of redemption:
5.1.1. In these Terms, 'Redemption' and 'Payment of rewards' refers to any type of request for us to pay you or award to you Bitcoin Cash in exchange for an amount of your accumulated rewards. Any such payment is referred to as a 'Payout'.
5.1.2. At the time you request a Payout, we may from time to time upon our discretion and without any prior notice to you,  review the details and transaction history of your Account, and the details of any related Accounts, to check for any evidence of fraud or deception. If we find any evidence or have a reasonable suspicion to believe that you may have acted fraudulently or deceptively in your dealings with us, we may choose to deny your request for redemption of rewards until we conduct a full investigation into your Account. We may, upon our discretion, take other action such as cancelling or suspending your Account in accordance with these Terms.
5.1.3. In this clause, 'related membership accounts' means any Account that referred you to the Services in relation to your Account, or any Account that has the same recorded residential address and/or postal address  and/ or other identity information  as your Account.
5.1.4. At the time you make a request for redemption of your rewards, we reserve the right to request from you a copy of a proof of identification document, for Account verification and security purposes, before approving your request for redemption or payment of rewards. If you are unable or elect not to provide a copy of a proof of identification document, we may deny your request for payment of rewards.
5.1.5. The frequency at which you may redeem rewards is at our discretion and may vary   from time to time subject to fourteen days' notice being provided by notification in an email to you of our intention to make a change.
5.1.6. Bitcoin Cash Payouts will have unique minimum Payouts and Members are required to meet the threshold by accruing the set  minimum Bitcoin Cash to be eligible for redemption. The Threshold may change from time to time without prior notice to Members. The minimum Payouts are available in live time on the Member dashboard and Members can access this information on the request Payout button.

5.2. Payment by Bitcoin cash:

  • You are solely responsible for ensuring the accuracy of the information provided for the purposes of a Bitcoin Cash transfer. In the event that a  Member requests changes to be made to their payment address, they will receive an email requesting confirmation of the changes to the member's Payment address.
  • We are not responsible for any transfers requested to be made to an incorrect Wallet or Payment address.
  • If a payment of rewards by Bitcoin Cash that you request is processed as per the Payment address supplied by you, to an incorrect payment wallet, we will not take any action to refund rewards to you.
  • We reserve the right to delay a payment if we deem the payment network unstable, for technical reasons on that network, or for other reasons.
  • We'll endeavour to make Payout payments within 24 hours unless unforeseen events occur.

6. Shopping with our Partners and Suppliers:

6.1. In this clause 6.1. 'Transaction' refers to any purchase, order, or action you initiate with a third-party including ordering goods or services or signing up to a service or membership, even if you make no payment for the goods, service, or membership.

6.2. You acknowledge and agree that we act as a referral agent only and are not responsible for the quality of goods and/or services you receive from any third-party.

6.3. You may be eligible (in our discretion) to receive rewards for making a transaction with a third-party listed on our Website, by complying with the following requirements:

  • Be a Member of BitcoinRewards.com and domains mentioned in clause 1;
  • Initiate the transaction by using a link to the third-party via our Website. Transactions made by directly accessing the supplier's website will not be eligible for any rewards from BitcoinRewards;
  • You must not use any other referral or tracking link for that third-party between the time when you use the link via our Website and when you make the transaction;
  • When you make the transaction, you must not use any coupon or voucher code that is not listed or advertised by this Service (From time to time certain products, services, or offerings are expressly excluded from the offer of rewards. Please check the supplier's website and Terms and Conditions before purchase);
  • Complete a successful payment transaction; and
  • You must comply with all terms, conditions and requirements.

6.4. You will not be eligible for Bitcoin Cash rewards, and we may deduct rewards already credited to your Account, for a transaction you make at a third-party if  you subsequently cancel the transaction or order, Initiate a Chargeback with your Bank, return the goods for refund or credit, or fail to pay for the order in full.

6.5. If you make a fraudulent or deceptive claim for rewards we will reject your claim, and we may deduct from your rewards Account a penalty, or we may cancel your membership of the Service.

6.6. You may be eligible for Bitcoin Cash Rewards and your Rewards will be confirmed when the merchant confirms its validation requirements have been met. We make no guarantees for payment of the reward to you until we have received payment from the merchant or third-party.

6.7. Bitcoin Cash Payouts are calculated using spot rate displayed on site during the time of payment. This Payout price is an aggregated price from both local and international exchanges and subject to change. Members are encouraged to monitor the rates displayed on the Website for any updates.

6.8. Rewards for Referrals
6.8.1. The Service offers rewards for sign-ups and referrals to the Website, for referring other new Members. The specific terms and conditions accompanying such offers will govern how they are earned and redeemed and may change or cancelled from time to time without prior notice.

7. Third Party Web Sites, Advertisements and Contents:

7.1. We are not responsible for content and advertisements on our Partner's and third-parties websites and we make no express or implied warranties in relation to the content of these third-party advertisements or websites, including the accuracy, completeness, reliability or suitability of the websites or the products and services advertised for any purpose.

7.2. If you have an enquiry or complaint about a particular merchant, business, advertisement, link, email, or survey, you may contact us. We will do our best to answer your question or resolve the issue, however, in some circumstances, we may need to direct you to contact the merchant, business or advertiser directly.

7.3. If you access other sites from the links provided on our site, the operators of these sites may be able to collect or share information about you. This information will be used in accordance with their privacy policy and Website Terms and conditions, which may be different from our Privacy Policy and Terms and Conditions. We do not control these third-party websites and recommend that you review the privacy policies posted on these third-party websites in order to fully understand their procedures for the collection, use and disclosure of personal data.

8. Copyright and Intellectual Property

8.1. The Website, the Services and all of the related products of BitcoinRewards are subject to 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 BitcoinRewards or its contributors.

8.2. All trademarks, service marks and trade names are owned, registered and/or licensed by BitcoinRewards, who grants to you  a  worldwide,  non- exclusive, royalty-free, revocable license whilst you are a Member to:

  • use the Website pursuant to the Terms;
  • copy and store the Website and the material contained in the Website in your device's cache memory; and
  • print pages from the Website for your own personal and non-commercial use. BitcoinRewards does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by BitcoinRewards.

8.3. BitcoinRewards 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:

  • business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
  • a right to use or exploit a business name, trading name, domain name,  trademark or industrial design, or
  • 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.

8.4. You may not, without the prior written permission of BitcoinRewards and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

9. Privacy

9.1. BitcoinRewards takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to BitcoinRewards's Privacy Policy, which is available on the Website.

10. General Disclaimer

10.1. 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.

10.2. Subject to this clause, and to the extent permitted by law:

  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
  • BitcoinRewards will not be liable for any special, indirect or consequential loss or damage, 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, subject to the relevant provisions of the Australian Consumer Law, as it may apply.

10.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services are 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 BitcoinRewards make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of BitcoinRewards) 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:

  • 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;
  • 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);
  • costs incurred as a result of you using the Website, the Services or any of the products of BitcoinRewards; and
  • the Services or operation in respect to links which are provided for your convenience.

11. Limitation of liability

11.1. BitcoinRewards' 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.

11.2. You expressly understand and agree that BitcoinRewards, its affiliates, employees, agents, contributors and licensors 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.

12. Termination of Contract

12.1. The Terms will continue to apply until terminated by either you or by BitcoinRewards as set out below.

12.2. If you want to terminate the Terms, you may do so by:

  • Requesting cancellation and/or suspension of your Membership and/or Account;
  • providing BitcoinRewards with 14 days' notice of your intention to terminate your membership; and
  • closing your Account for all of the services which you use, where BitcoinRewards has made this option available to you.
  • Your notice should be sent, in writing, to BitcoinRewards via the 'Contact Us' link on our homepage.

12.3. Forfeit of rewards
12.3.1 If your membership is cancelled, you will forfeit all of your rewards and outstanding redemption Bitcoin Cash payouts.

12.4. Refusal of application
12.4.1. We reserve the right to refuse your application to join the Service again if we have ever cancelled your membership of the Service in the past.
12.4.2. BitcoinRewards may at any time and without prior notice to you, terminate the Services or your Account, if:

  • in our sole discretion and judgement, you have breached any provision of the Terms or intend to breach any provision;
  • BitcoinRewards is required to do so by law or on a reasonable request of a law enforcement agency;
  • The provision of the Services to you by BitcoinRewards is, in the opinion of BitcoinRewards, no longer commercially viable.

12.4.3. BitcoinRewards reserves the right to discontinue or cancel your Membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts BitcoinRewards' name or reputation or violates the rights of those of another party.

13. Indemnity

13.1. You agree to indemnify BitcoinRewards, its affiliates, employees, agents, contributors, third-party content providers and licensors from and against:

  • 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;
  • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
  • any breach of the Terms.

14. Limitation of Liability

14.1. You release us, our subsidiaries, and our officers, employees, agents and affiliates from any claim for loss, damage or liability, including special indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data, in respect of:

  • Any advertising emails or survey invitation email sent to you;
  • Your membership of the Service;
  • Your use of or inability to use the Service;
  • The quality of goods and/or services purchased by you from Suppliers, Partners and Third-Parties;
  • any merchant or product descriptions contained on the Website or contained in advertising email sent to you.

15. Dispute Resolution

15.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

15.2. Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

15.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

  • Within 21 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  • If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has  not  been  resolved,  the  Parties  must  either  agree  upon selection  of  a  mediator  or  request  that  an  appropriate  mediator  be appointed by the President of the mediation association or his or her nominee;
  • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  • The mediation is to be held in Brisbane, Queensland, Australia.
If we deem it necessary, in our sole discretion, we may forgo all the above steps and commence legal action against you without any prior notice to you.

15.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and  to  the  extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

15.5. Termination of Mediation:
If 21 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

16. Venue and Jurisdiction

The Services offered by BitcoinRewards is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website which cannot be resolved, you and BitcoinRewards irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

17. Governing Law

The Terms are governed by the laws of Queensland, Australia. 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 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.

18. 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.

19. Severance

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.