1. About the Website
1.1. Welcome to https://micky.com.au (the ‘Website’). The Website provides Cryptocurrency Blockchain and other industry (outside of Cryptocurrency Blockchain industry) news (the ‘Services’).
1.2. The Website is operated by Micky Media Pty Ltd (ABN 63 628 395 273 ). Access to and use of the Website, or any of its associated Products or Services, is provided by https://micky.com.au. 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 Services, immediately.
1.3. Micky Media Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Micky Media Pty Ltd updates the Terms, it will use reasonable endeavours 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. Please be aware that we may change the Terms in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Terms and or Website Terms and Conditions of Use.
1.4. All information that is provided by Micky Media Pty Ltd is for informational and educational purposes only. Micky Media Pty Ltd and its representatives are not stockbrokers, financial or investment advisors and do not recommend any any form of investment, including but not limited to stocks, bonds, options, CFD’s, futures, currencies of any type and or any securities of any kind. Any such instruments, investments and or financial securities that are mentioned in articles/or website or other products are cited only for illustrative and educational purposes. Any quotes or information provided by 3rd parties are their opinions only and for clarification you should seek clarification from those 3rd parties directly.
1.5. Investing in financial markets is risky and it is possible to lose money. It is recommended that you seek a professional licensed financial advisor prior to implementing any investment program or financial plan referred to on https://micky.com.au. Micky Media Pty Ltd and its employees, directors, presenters, contributors and representatives do not guarantee any results or investment returns based on the articles and information that you read and/or receive.
1.6. Past performance is not necessarily indicative of future results.
1.7. We may at times provide links to other websites, companies and services. We are in no way responsible for the content of these sites and they are provided for your information only. Please refer to their websites or companies specific terms and conditions and contact them directly for clarification of any of their information and or statements made.
1.8. You acknowledge that Micky Media Pty Ltd and its employees and representatives have not promised you in any manner whatsoever that you will earn a profit from your personal investments or decisions.
1.9. All material, Intellectual Property (‘IP’), Copyrights, logos & content is the property of Micky Media Pty Ltd and cannot be used for other purposes without explicit written permission from Micky Media Pty Ltd Directors. You agree not to copy, reproduce, publish or otherwise disseminate in whatsoever form or media any of the articles or information that you will receive from Micky Media Pty Ltd, or its material, Intellectual Property, Copyrights, name, logos & content source elsewhere online without the prior written consent of Micky Media Pty Ltd.
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 Micky Media Pty Ltd in opting into the email subscription service.
3.Subscription to email database
3.1. In order to access the Free Newsletter Services, you must first opt in via the Website.
3.2. In opting in, you acknowledge and agree that it is your responsibility to ensure that the information provided in the newsletter is suitable for your use.
3.3. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address
(b) preferred username
(c) a telephone number
(d) a password
3.4. You warrant that any information you give to Micky Media Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
4.1. Where the option is given to you, you may make payment for services by way of:
(a) Credit Card Payment (‘Credit Card’)
(b) PayPal Australia Pty Limited (ABN 93 111 195 389) (‘PayPal’)
(c) Bitcoin transfer (‘Bitcoin’)
4.2. All payments made in the course of your use of the Services are made using Bitcoin transfer, Stripe (‘Stripe’) or Stripe or Paypal (‘Stripe or Paypal’). In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe or Paypal or Bitcoin transaction service provider terms and conditions which are available on their website. If unclear, please contact us in writing and we can forward you to their website.
5. Copyright and Intellectual Property
5.1. The Website, the Services and all of the related products of Micky Media Pty Ltd 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 Micky Media Pty Ltd or its contributors.
5.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Micky Media Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Subscriber to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
Micky Media Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Micky Media Pty Ltd.
5.3. Micky Media Pty Ltd retains all rights, title and interest in and to the Website and all related Services and IP. 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.
5.4. You may not, without the prior written permission of Micky Media Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load 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.
7. General Disclaimer
7.1. 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.
7.2. 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) Micky Media 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.
7.3. 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, contractors, related parties, related organisations and licensors of Micky Media Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Micky Media 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 Micky Media Pty Ltd; and
(d) the Services or operation in respect to links which are provided for your convenience.
8. Limitation of liability
8.1. Micky Media Pty Ltd’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.
8.2. You expressly understand and agree that Micky Media Pty Ltd, 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.
9. Termination of Contract
9.1. Micky Media Pty Ltd may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Micky Media Pty Ltd is required to do so by law;
(c) the provision of the Services to you by Micky Media Pty Ltd is, in the opinion of Micky Media Pty Ltd, no longer commercially viable.
11.4. Subject to local applicable laws, Micky Media Pty Ltd reserves the right to discontinue or cancel your access 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 Micky Media Pty Ltd name or reputation or violates the rights of those of another party.
12.1. You agree to indemnify Micky Media 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.
13. Dispute Resolution
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).
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.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(a) Within 7 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;
(b) If for any reason whatsoever, 14 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 Australian Mediation Association or his or her nominee;
(c) 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;
(d) The mediation will only be held in Sydney, New South Wales, Australia.
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.
13.5. Termination of Mediation:
If 60 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.
14. Venue and Jurisdiction
The Services offered by Micky Media Pty Ltd is intended to be viewed by residents of Australia, but may be viewed by people in other locations globally. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Sydney in the state of New South Wales in the country of Australia.
15. Governing Law
The Terms are governed by the laws of New South Wales, 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 by, under and pursuant to the laws of New South Wales, 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.
16. 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.