BLOCKBIN – SOFTWARE AS A SERVICE TERMS AND CONDITIONS

BitStack Technologies Pty Ltd (ABN 72 092 530 428) (Blockbin) provides a software platform (Software) and related services including compute time as set out on the Site (Services) to the person, organisation or entity who access, purchase or use the Software (each referred to as a User, collectively Users), collectively referred to as the Parties and each a Party. The Software is accessible at www.blockbin.com or play.blockbin.com (collectively the Site).

  1. ACCEPTANCE:
    1. This Software as a Service Terms and Conditions sets out the terms and conditions (Terms) upon which Blockbin has agreed to grant the User a right to access and use the Software. These Terms form a binding legal agreement between a User and Blockbin, its directors, officers, employees, contractors, successors and assignees. By accessing or using the Software on any computer, tablet, console or any other device (Device) each User acknowledges and agree they have read, understand and agree to be bound by these Terms. Please read these Terms carefully. If there are any questions, the User is encouraged to contact Blockbin using the contact details at the end of these Terms.
    2. The User’s use of the Site, Software and Services indicates that:
      1. the User has had sufficient opportunity to access these Terms and contact Blockbin;
      2. the User has read, accepted and will comply with these Terms;
      3. the User has legal capacity to enter into a contract for sale; and
      4. the User is 18 years or older.
      If this is not correct, or if the User does not agree to these Terms, the User should not click to accept these Terms or access or use the Site, Software and Services.
    3. Blockbin reserves the right to make changes to these Terms at any time, effective upon the posting of modified Terms. Blockbin may notify these changes to the User via the Site. It is the User’s obligation to ensure that the User has read, understood and agree to the most recent Terms available on the Site. Blockbin recommends that each User check the current Terms before continuing use of the Services. Blockbin’s agents, employees and third parties do not have the authority to amend the Terms.
    4. These Terms supplement and incorporate Blockbin’s policies and terms and conditions, including without limitation the Privacy Policy and Website Terms of Use, as amended from time to time and which are available on the Site or otherwise provided to the User. Blockbin’s Privacy Policy available on https://blockbin.com/privacy-policy sets out how Blockbin collects, uses and protects personal information of its Users. Blockbin’s Website Terms of Use available on https://blockbin.com/terms-of-use govern each User’s use of the Site.
  2. SOFTWARE AND SERVICES:
    1. The Site, Software and Services provide a software platform for Users to:
      1. submit, use or modify a small block of programming code (Code Snippet) to access a database storing the bitcoin blockchain (Blockchain) via an SQLite data schema; or
      2. run the Code Snippet against the Blockchain and generate output including charts from the data output retrieved from the Blockchain (Output); and
      3. save the Code Snippet and Output.
      A unique URL will be assigned to the saved Code Snippet and Output.
    2. The Software is provided to the User via the Site.
    3. A User can (i) supply its own Code Snippet (User Code Snippet) or (ii) use and/or modify the Code Snippet Blockbin makes available on the Site (Blockbin Code Snippet), in accordance with these Terms.
    4. If a User chooses to use a Blockbin Code Snippet rather than supply its own, Blockbin grants the User a non-exclusive, worldwide, revocable, perpetual, transferable, royalty-free licence to use, copy, modify, merge or publish the Blockbin Code Snippet on, through, or by means of the Site, Software and Services.
    5. A User can browse and view the Site, edit Code Snippets and save Output as an unregistered user of the Site and Services. Unregistered Users cannot delete Code Snippet(s) and Output(s) or identify themselves as the author of such Code Snippet(s) and Output(s). Users must create an account (Account) to: (i) control the visibility of the unique URL with respect to the Code Snippet; (ii) delete any Code Snippet and Output saved; and (iii) identify themselves as the author of the Output.
    6. Users can use the Software and Services for free (Free Tier) subject to certain limitations as set out on the Site. Users with an Account can supply bitcoin(s), or part thereof (Bitcoin) as consideration for access to additional Services and features of the Software as set out on the Site (Paid Tier).
    7. The Software is the sole and exclusive property of Blockbin.
  3. ACCOUNT REGISTRATION:
    1. Basic information is required when registering on the Site for an Account. Each User is required to provide certain information including their email address and select a username and password.
    2. Each User agrees to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Blockbin reserves the right to suspend or terminate any User’s Account and that User’s access to the Site, Software and Services if any information provided to Blockbin proves to be inaccurate, not current or incomplete.
    3. Information that is created when a User registers for an Account, such as log in details and passwords (User Information) are stored in servers in Australia and the United States. Blockbin will take steps to ensure that User Information is kept secure and confidential using accepted standard industry practice such as encrypted databases, Hashed/PBKDF2 password protection and current SSL certification.
    4. It is the User’s responsibility to keep its Account details and password confidential. The User is liable for all activity on its Account, including any Code Snippet(s) it submits to the Site. The User agrees that it will not disclose its password to any third party and that it will take sole responsibility for any activities or actions under its Account, whether or not it has authorised such activities or actions.
    5. The User will immediately notify Blockbin of any unauthorised use of its Account.
  4. PAID TIER SERVICES:
    1. Paid Tier Users will supply Bitcoin, in advance, as consideration for access to additional features of Blockbin’s Software and Services (Resources), as set out on the Site. The User will not be given access to or use such Services until Bitcoin is received by Blockbin. When transferring Bitcoin to Blockbin, the User will also pay a bitcoin network transaction fee as set out on the Site. The amount of Bitcoin supplied by the User to Blockbin is subject to the amount of Resources requested by the User.
    2. The supply of Bitcoin will be processed upon receipt of request for Resources. Users must supply to Blockbin the Bitcoin within 24 hours of submitting the request for Resources. If the User’s supply of Bitcoin is not able to be successfully processed or Blockbin does not receive the amount of Bitcoin within 24 hours, the User’s request for Resources will be cancelled.
    3. Resources are valid for period of six (6) months (Period). Users can extend the Period by supplying Bitcoin and acquire additional Resources. For the avoidance of doubt, Users will not have access to Resources upon expiration of the Period if Users do not supply Bitcoin and acquire additional Resources prior to the date of expiration. As referred to in clause 14, Blockbin will only give a refund of Bitcoins in very limited circumstances.
    4. Each User acknowledges and agrees that:
      1. to access or use Resources, the User must supply Bitcoin to Blockbin; and
      2. if Blockbin is unable accept or receive the Bitcoin, Blockbin will attempt to contact such User via email as soon as Blockbin becomes aware of the transfer failure. Until receipt of Bitcoin is confirmed, the User will not be able to access or use the requested Resources.
    5. Blockbin’s pricing and Resource structure or payment methods may be amended from time to time in its sole discretion.
  5. TERM AND TERMINATION:
    1. To terminate the User’s Account, the User must contact Blockbin using the contact details below.
    2. For Paid Tier Users, the User’s access to Resources will automatically terminate upon expiry of the Period.
    3. Blockbin may terminate these Terms immediately, in Blockbin’s sole discretion, if:
      1. the User breach any of these Terms and do not remedy the breach within 2 days after receiving notice of the breach if the breach is capable of being remedied;
      2. Blockbin reasonably suspect that the User is attempting to reverse engineer the Software that is provided to such User;
      3. Blockbin considers the User’s use of the Site, Software and Services inappropriate, improper or unlawful; or
      4. for any other reason outside Blockin’s control which has the effect of compromising Blockbin’s ability to provide the User with the required Software, Site or Services within a required timeframe.
    4. On termination or completion of the Services, Blockbin may retain a copy of the User Content for back-up purposes or as otherwise required by law or regularity requirements. The User’s express or implied agreement to these Terms constitutes authority from the User for Blockbin to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
  6. USER OBLIGATONS:
    1. The User warrants that all information provided to Blockbin is true, accurate and complete.
    2. Each User acknowledges and agrees that:
      1. it is authorised to use the Software and to access any information or code that it inputs into the Software including but not limited to Code Snippets;
      2. it will use the Software, Site and Services for its own personal and/or non-commercial use, in accordance with these Terms;
      3. it will not use the Software, Site and Services for critical or security-sensitive work;
      4. all usernames and passwords required to access the Account are kept secure and confidential;
      5. the User will immediately notify Blockbin if there is any unauthorised use of its passwords or any other breach of security in their Account;
      6. it is the User’s responsibility to ensure the Site, Software and Services operates within the User’s computing or other system on their Device;
      7. the reliability and usability of the Software is dependent upon the User’s configuration and implementation of the Software on their Device including but not limited to having a web browser which can support features of the Site, Software and Services; and
      8. it is the responsibility of the User to determine that the Software and Services meet the needs of the User and is suitable for the purposes for which the Software and Services is used.
    3. Blockbin is not responsible to any person or entity other than the User and nothing in these Terms confers, or purports to confer, a benefit on any person or entity other than that User. The User must not use the Software on behalf of another person or entity.
    4. Each User is solely responsible for complying with all applicable laws. It is the User’s responsibility to ensure that the storage of and access to their Code Snippet via the Software, the Site and Services comply with laws which are applicable to such User, including any laws requiring the User to retain records of their Code Snippet.
    5. Each User must have their own safeguards and back up processes in place to recover from any failures or loss of Code Snippets which might occur whilst using the Software and protecting the confidentiality of their Code Snippet, as they may see fit.
  7. INTELLECTUAL PROPERTY:
    1. All logos, slogans, content, designs, diagrams, drawings, graphics, images, layouts, appearance, videos, ideas, methods, databases, codes, algorithms, software, fees, pricing, notes, documents, domain names, confidential information, copyright, rights in circuit layout (or similar rights), registered or unregistered trade marks, trade names, patent, know-how, trade secret and any other intellectual or industrial property whether such rights are capable of being registered or not, including but not limited to copyright which subsists in all Blockbin Code Snippets, Outputs or other creative and literary works displayed on the Site, Software and Services, the layout, appearance and look of the Site and Software, (collectively Intellectual Property) together with any application for registration and any rights to registration or renewal of such rights anywhere in the world, whether created before or after the date of these Terms and whether used or contained in the Site and/or Software is owned, controlled or licensed to Blockbin (or its affiliates and/or third party licensors as applicable).
    2. The User agrees that, as between the User and Blockbin, Blockbin owns or holds the relevant licence to all Intellectual Property in the Site, Software and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property, Site, Software and Services are protected by copyright, trade mark, patent, trade secret, international treaties, laws and other proprietary or industrial rights whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Blockbin or the owner of the content.
    3. Some Intellectual Property used in connection with the Site, Software and Services are the trade marks of their respective owners (collectively Third Party Marks).
    4. Blockbin’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Blockbin or the applicable trademark holder or Intellectual Property owner.
    5. Subject to these Terms, users of the Site and Software do not obtain any interest or licence in the Intellectual Property or Third Party Marks without the prior written permission of Blockbin or applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.
  8. USER CONTENT:
    1. Users are permitted to post, upload, publish, submit or transmit relevant information and content, including but not limited to User Code Snippet(s) (collectively User Content).
    2. By making available any User Content on or through the Site, Software and Services, each User grants Blockbin a non-exclusive, worldwide, irrevocable, perpetual, transferable, royalty-free, sub-licensable licence to use, copy, modify, merge, publish the User Content and any Intellectual Property which subsists in the User Content on, through, or by means of the Site, Software and Services.
    3. Title to any and all Intellectual Property in any User Code Snippet remains the User’s property.
    4. The User acknowledges and agrees that it is solely responsible for all User Content it makes available through the Site, Software and Services. The User represents and warrants that:
      1. it is either the sole and exclusive owner of all User Content that it makes available through the Site, Software and Services, or that it holds all rights, licences, consents and releases that are necessary to grant Blockbin the rights in such User Content as contemplated under these Terms; and
      2. neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Blockbin’s use of the User Content (or any portion thereof) on, through or by means of the Site, Software and Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    5. Each User grants Blockbin a licence to use, copy, transmit, store, and back-up the User’s information, User Code Snippet(s) and/or any other User Content for the purposes of enabling that User to access and use the Software and for any other purpose related to provision of the Site, Software and Services to all Users of the Site and the performance of Blockbin’s obligations under these Terms.
    6. It is the responsibility of the User to maintain copies of all Code Snippets which it inputs into the Software and/or Output generated by the Software, as applicable. Blockbin will endeavour to prevent data loss by backing up data for a period of up to 30 days for Paid Tier Users and up to 7 days for Free Tier Users. However, Blockbin does not guarantee that there will be no loss of data, any User information or User Content and does not represent or warrant that access to the Site, Software, a Code Snippet, Output or an Account will be available without interruption.
    7. If the User enables third-party applications for use in conjunction with the Software, the User acknowledges that Blockbin may allow the providers of those third-party applications to access any inputted data including but not limited to Code Snippets as required for the interoperation of such third-party applications with the Software. Blockbin is not responsible for any disclosure, modification or deletion of data resulting from any such access by third-party application providers.
  9. UPDATES AND SUPPORT:
    1. Blockbin will provide users with updates to the Software (Updates) for the duration of these Terms.
    2. Each User acknowledges that Blockbin has no obligation to provide the User with any support for Updates to the Software as agreed under these Terms. Blockbin may, from time to time, issue updated versions of the Software and the Software may automatically connect to Blockbin or third-party servers via the Internet to check for available Updates to the Software, and may automatically electronically update the version of the Software. By using or accessing the Software after such an Update, the User hereby agrees to automatically request and receive Updates from Blockbin or third-party servers. The User consent to such automatic upgrading, and agree that these Terms will apply to all such Updates.
    3. The Software may contain automatic communications features which relay certain non-personally identifiable information to Blockbin in connection with the operation of the Software. This information may include the User’s browser settings and what version of the browser the User is using. Blockbin may use this information for research purposes including statistical analysis of aggregate customer behaviour.
    4. Blockbin can provide email support to Paid Tier Users. If such User requires technical support, please contact Blockbin using the contact details below.
    5. Whilst Blockbin intends that access to the Software via the Site and the Software should be available on a full-time basis, it is possible that the Site or the Software is unavailable to due to maintenance or other development activity.
    6. Where possible, Blockbin will provide to Users reasonable notice of any maintenance or development activity.
  10. PROHIBITED USE:
    1. Each User acknowledges and agrees that it will not:
      1. attempt to circumvent or disable the Software or any technology features or measures in the Software by any means or in any manner;
      2. attempt to modify, copy, adapt or reproduce the Software except as necessary to use it for normal operation;
      3. attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software;
      4. distribute, encumber, sell, rent, lease, sub-license, or otherwise transfer, publish or disclose the Software to any third party (except as permitted under these Terms);
      5. remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or used in connection with the Software;
      6. use the Software in any manner to aid in the violation of any third party Intellectual Property, including but not limited to another’s copyrights, trade secrets, and patents;
      7. take any action that interferes, in any manner, with Blockbin’s rights with respect to the Software;
      8. attempt to undermine the security or integrity of Blockbin’s computing systems or where the Software is hosted by a third party, that third party’s computing systems and networks;
      9. use, or misuse, the Software in any way which may impair the functionality of the Software, Site, Services or other systems used to deliver the Software or impair the ability of any other user to use the Software, Site or Services;
      10. use the Software to generate security codes including but not limited to passwords or Bitcoin private keys;
      11. attempt to gain unauthorised access to any materials other than those to which the User is given express permission to access or to the computer system on which the Licence for the Software is executed; and
      12. transmit, or input into the Software, Site or Services, any files that may damage any other person's computing devices or software, content that may be offensive, or material or Code Snippet in violation of any law (including any content protected by copyright or trade secrets which the User does not have the right to use).
    2. In addition, title, ownership rights and Intellectual Property rights in and to any content displayed on the Site, the Services or in the Software, or accessed through the Site, the Services or the Software, are the property of the applicable content owner and may be protected by applicable copyright or other law. These Terms does not give the User any rights to such content.
    3. The User must not post, upload, publish, submit or transmit any content, including but not limited to User Content, that:
      1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
      2. is fraudulent, false, misleading or deceptive;
      3. denigrates Blockbin, the Site, Software or Services;
      4. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
      5. is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
      6. is violent or threatening or promotes violence or actions that are threatening to any other person; or
      7. promotes illegal or harmful activities or substances.
    4. The User acknowledges and agrees that any breach of this clause may lead to termination of these Terms.
  11. FEEDBACK AND DISPUTE RESOLUTION:
    1. Blockbin welcomes feedback from its Users. Blockbin seeks to resolve concerns quickly and effectively. If any User has any feedback or questions about the Site, Software and Services, please contact Blockbin using the contact details at the bottom of these Terms.
    2. If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
      1. The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
      2. If the Parties cannot agree how to resolve the dispute at the Initial Meeting, any Party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.
    3. Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
  12. DISCLAIMERS:
    1. Each User acknowledges that whilst Blockbin will take reasonable steps to ensure that the Software will be fit for the purposes as advertised, Blockbin gives no guarantees that:
      1. the Software will meet the User’s requirements as the functionality of the Software is dependent upon configuration with the User’s Device and other components;
      2. the Software will work in each of the User’s desired use case scenarios; and
      3. the Software can be executed on every operating system, as it is impossible to test each variant.
    2. Blockbin provide the Software to the User as is. The User is using the Software at its own risk.
    3. Blockbin does not endorse any Code Snippets, Outputs, Users or any third-party sites, links or comments.
    4. The Software runs the Code Snippet within a secure ‘sandbox’ system which isolates the executed code from the Software platform on which the Code Snippet is run. The ‘sandbox’ system is deterministic in nature so that repeated running of the same Code Snippet by a User will not result in different Outputs.
    5. The Software uses third party hosting services which are provided without any sort of warranties, and Blockbin cannot ensure that these third party hosting services are provided free of defect or without interruption.
    6. Blockbin does not warrant that use of the Software will be uninterrupted or error free. The operation of the Software is dependent on public telephone services, computer networks, the Internet, which can be unpredictable and may from time to time interfere with the use of the Software. Blockbin accepts no responsibility for any such interference or prevention of the User’s use of the Software.
    7. All risk arising out of the use or performance of the Software remains with the User. Each User understands and agrees that the use of the Software, material or data downloaded or otherwise obtained through the use of the Software including the Output, is at its own discretion and risk and that it will be solely responsible for any infections, contaminations or damage to the User’s Device, system or network Blockbin is not responsible or liable for delays, inaccuracies, errors or omissions arising out of its use of the Software, any third party software or operating system.
    8. To the maximum extent permitted by applicable law, Blockbin and its licensors disclaim all warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party intellectual property rights or lack of viruses, for the Software or the Output. In no event will Blockbin or its licensors be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever arising out of these Terms, the use of or inability to use the Software or the Output, even if Blockbin has been advised of the possibility of such damages.
    9. The Software is intended for personal and/or research purposes. It is not intended for commercial use or other uses.
  13. LIMITATION OF LIABILITY:
    1. Blockbin is not liable for any access or use of the Software, Site or Services in countries other than Australia.
    2. To the fullest extent permitted by law, Blockbin’s total liability arising out of or in connection with the Site, Software, the Services of these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total fees paid by the User to Blockbin in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.
    3. The Limitation of damages set forth above are fundamental elements of the basis of bargain between Blockbin and the User. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
    4. This limitation of liability reflects the allocation of risk between the Parties. The limitations specified in this section will survive termination and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose. The limitations of liability provided in these terms inure to the benefit of Blockbin.
    5. The User acknowledges that Blockbin may pursue any available equitable or other remedy against the User as a result of a breach by the User of any provision of these Terms.
    6. The User acknowledges and agrees that Blockbin will not be liable for any non-compensatory damages including punitive, aggravated, multiple, exemplary, liquated or any other non-compensatory damages or the consequences of non-payment.
  14. AUSTRALIAN CONSUMER LAW:
    1. Consumer legislation in Australian including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth) provides consumers with guarantees that cannot be excluded, restricted or modified (Statutory Rights). Similar consumer protection laws and regulations in other countries may provide consumers with similar guarantees.
    2. Except for the User’s Statutory Rights, all material and work is provided to the User is without warranties of any kind, either express or implied; and Blockbin expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
    3. If there is a problem with the Site, Software or Services, please contact Blockbin using the contact below to discuss what remedies are available. No remedies are available for Free Tier Users. If, in the opinion of Blockbin, the complaint of a Paid Tier User is reasonable, the remedy offered by Blockbin will be limited to the resupply of Resources. If Blockbin and the Paid Tier User agree there has been a substantial failure to provide the Services and, at the time of the agreement, the Paid Tier User has not used all of its Resources, Blockbin may offer a limited refund for the unused Resources (Unused Resources) only. The refund for the Unused Resources will be calculated and paid in Australian dollars and will be the lesser of:
      1. ten percent of the prevailing market value of Bitcoin on the day Blockbin agrees the Paid Tier User is entitled to the refund for the Unused Resources; or
      2. the market value of the Bitcoin at the time and date Blockbin received the Bitcoin from the Paid Tier User as consideration for access to Resources.
  15. INDEMNITY:
    1. The User will be liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms; and (iii) any misuse of the Software and/or License; from or by the User, its employees, contractors or agents.
    2. The User agrees to co-operate with Blockbin (at the User’s own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of the User’s use of the Software and License including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information the User gives to Blockbin.
    3. The obligations under this clause will survive termination of these Terms.
  16. NOTICE:
    1. Any notice required or permitted to be given to the User under these Terms will be addressed to the User at the email address provided by the User when creating an Account.
  17. RELATIONSHIP OF PARTIES:
    1. Neither Party is authorised to bind the other Party in any way without prior written consent of the other Party.
    2. The Parties acknowledge and agree that they will not seek to bind the other Party other than with the prior written consent of the other Party.
  18. RIGHTS OF THIRD PARTIES:
    1. Any person or entity who is not a party to these Terms has no right to benefit under or to enforce any of these Terms.
  19. ASSIGNMENT:
    1. These Terms are personal to the Parties. A Party must not assign or deal with the whole or any part of its rights and/or obligations under these Terms without the prior written consent of the other Parties.
    2. Any purported dealing in breach of this clause is of no effect.
  20. WAIVER OR VARIATION OF RIGHTS:
    1. Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right.
    2. A Party is not liable to any other Party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.
  21. POWERS, RIGHTS AND REMEDIES:
    1. Except as expressly stated to the contrary in these Terms, the powers, rights and/or remedies of a Party under these Terms are cumulative and are in addition to any other powers, rights and remedies of that Party. Nothing in these Terms merges, extinguishes, postpones, lessens or otherwise prejudicially affects any power, right, or remedy that a Party may have at any time against the other Party to these Terms or any other person.
  22. FORCE MAJEURE:
    1. Blockbin will not be liable for any delay or failure to perform its obligations under these Terms if such delay is due to any circumstance beyond its reasonable control.
  23. CONSENTS AND APPROVALS:
    1. Where these Terms provides that a Party may conditionally or unconditionally give or withhold any consent or approval in relation to any matter under these Terms, that Party may in its absolute discretion, and without being obliged to give reasons for doing so, withhold any consent or approval or give consent or approval conditionally or unconditionally.
  24. SEVERABILITY:
    1. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions, which continue in full force and effect.
  25. FURTHER ASSURANCE:
    1. Each Party must from time to time and in a timely manner do all things reasonably required of it by another Party to give effect to these Terms.
  26. ENFORCEABILITY:
    1. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question will not be affected.
  27. GOVERNING LAW AND JURISDICTION:
    1. These Terms, the Licence, use of this Site, Software and Services and any dispute arising out of any User’s use of the Site, Software or Services is governed by the laws of Victoria and the Commonwealth of Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria. The Site, Software and Services may be accessed throughout Australian and overseas. Blockbin makes no representation that the content of the Site and Software complies with the laws (including but not limited to intellectual property laws) of any country outside of Australia. If a User accesses the Site and/or Software from outside Australia, it does so at its own risk and are responsible for complying the laws in the place where it accesses or uses the Site and Software.
  28. ENTIRE AGREEMENT AND UNDERSTANDING:
    1. These Terms and any document expressly referred to in them represent the entire agreement between Blockbin and each User, and supersedes any prior agreement, understanding or arrangement between Blockbin and each User, whether oral or in writing.

For any questions or notice, please contact us at:

BitStack Technologies Pty Ltd (ABN 72 092 530 428)
40-42 Lynch St
Hawthorn VIC 3122
Email: [email protected]


Last update: 22 December 2015