The Company operates the Collective Shift platform (Platform) and Collective Shift Crypto Community (Community), for its members to access content and videos, and discuss topics on cryptocurrency, blockchain and investments. Membership to and use of the Community is subject to these Terms and Conditions.
All information provided on the Community by the Company, its people or any Member is factual information only. None of the information provided on the Community by the Company or any other Member constitutes financial product advice and shall not be treated as such by any Member.
We are not financial, investment or professional advisors. If you are seeking financial, investment or professional advice, then the Community is simply not for you. Moderators may remove posts where they believe an individual is directly asking the Company, its people or members for financial, investment or professional advice.
1. KEY DEFINITIONS
1.1 The following terms are used regularly throughout these Terms of Service and have a particular meaning:
a. ABN means Australian Business Number.
b. Account means a registered account with the Community.
c. Agreement means these Terms of Service.
d. Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.
e. Community means the “Collective Shift Crypto Community” which may be accessible via the following platforms (as may be updated from time-to-time):
i. The Site;
ii. The Platform; and/or
iii. The Facebook Group.
f. Community Standards means the Community’s standards and guidelines to be adhered to by Members as notified under this Agreement and/or in the Community generally, as updated by the Company from time-to-time.
g. Company means Collective Shift Pty Ltd ABN 78 650 977 325.
h. Cooling Off Period means 48 hours from the time a new Account is set up, or such other time period agreed to with the Member in writing.
i. Facebook Group means the private “Collective Shift Crypto Community” Facebook group operated by the Company.
j. Fee means any fees charged by the Company to the Member with respect to the Community, as advertised on the Site and/or within the Community from time-to-time.
k. Financial Advice has the meaning given in section 766B(1) of the Corporations Act 2001 (Cth).
l. Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
m. Intellectual Property Rights means, for the duration of the rights in any part of the world, any Moral Rights, industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property, applications for the registration of any Intellectual Property and any improvements, enhancements or modifications to any Intellectual Property registrations.
n. Member means a registered user of the Community that holds an Account.
o. Member Content means images, information, documents or other data that is uploaded or input into the Community by the Member or that forms part of the Member’s Intellectual Property (but does not include statistical, analytical or other non-personal derivative data generated by use of the Community).
p. Membership Fee means a Fee charged by the Company for access to and use of the Community on a periodical basis.
q. Moral Rights means:
i. Moral rights pursuant to the Copyright Act 1968 (Cth);
ii. Or any rights analogous to the rights set out in Article 6bis of the Berne Convention for Protection of Literary and Artistic Works 1886 (as amended from time to time).
r. Platform means the “Collective Shift” digital platform owned and operated by the Company.
t. Privacy Act means the Privacy Act 1988 (Cth).
u. Site means the Company’s website found at https://www.collectiveshift.com.au/.
2. USING THE COMMUNITY
2.1 Member Access
a. To access the Community, the Member must log into the Community and have set up an Account.
b. The Member must ensure that all information entered into the Community is complete, accurate and up to date at all times. The Member can update their information at any time within their Account.
c. To access the Community, the Member agrees to the terms of:
i. This Agreement;
iii. Any Community Standards imposed by the Company and/or the Member.
d. The Company may in its absolute discretion (acting reasonably) suspend or terminate the Account or restrict the access of any Member that breaches the terms of this Agreement.
e. The Member agrees to use the Community in accordance with any instructions provided by the Company, within the Community and/or on the Site.
f. Where the Member is accessing content and features available on the Facebook Group, the Member agrees to adhere to the Facebook terms and conditions at all times.
a. The Company shall provide the Member with access to and use of the features as made available within the Community from time-to-time, which may include (without limitation)::
i. Access content provided by the Company, including but not limited to videos, live streams, learning units, reports and articles of analysis;
ii. Access content and view posts shared by other Members;
iii. Access discounts and offers reserved for Members only;
iv. Submit posts and participate in discussion forums;
v. Receive notifications and alerts; and
vi. Communicate, correspond and interact with other Members.
2.3 Member Conduct
The Member acknowledges and accepts that:
a. The Company makes no warranty or representation as to the accuracy, currency, reliability or correctness of any information provided by any Member;
b. The Company makes no warranty or representation as to the accuracy, currency, reliability or correctness of any information or content provided by the Company;
c. The Company accepts no liability for the conduct of any Member of the Community;
d. The Company accepts no liability for any interaction between Members, whether that interaction occurs via the discussion forums or not (including a personal meeting); and
e. The Company makes no warranty as to the character or credentials of any Member.
2.4 Company Content
a. The Member acknowledges that any information provided by the Company and its employees or agents is:
i. Factual information only and is provided for the Member’s interest and convenience only;
ii. Does not take into account any of the Member’s personal objectives, circumstances or needs; and
iii. Does not constitute Financial Advice.
b. It is the Member’s responsibility to conduct their own research and consider whether they need to obtain any financial, investment, professional or tax advice before making a financial decision.
3. COMMUNITY STANDARDS
3.1 Basic Standards
a. The Member agrees that they must adhere to the Community Guidelines at all times as a material condition to this Agreement.
b. The Member shall only use the Community for lawful purposes and shall not use it to engage in any conduct that is discriminatory, unlawful, immoral, threatening, or in a way that is deemed unreasonable by the Company in its discretion.
c. The Member agrees that any information and content, including (without limitation) discussion posts and written reports, made available in the Community by the Company or any other Member, is for private use only and must not be publicly disseminated by the Member. For clarity, any information shared in the Community is for paying Members only and must not be shared to non-Members or otherwise publicly without the Company’s prior consent.
d. The Member agrees that the Company may, in its complete discretion, cancel the licence granted under this Agreement and/or suspend the Account of any Member that breaches clauses (a) and/or (b) above.
3.2 Lodging a Complaint
a. If a Member believes that another Member’s behaviour is threatening, discriminatory, or deliberately offensive, the Member may lodge a complaint to the Company via email at [email protected]
b. The Company may suspend or cancel the Account of any Member that the Company reasonably determines has acted in a manner that contravenes the Community Standards.
c. The Company will advise the Member of a suspended or deleted Account of the decision to do so but is under no obligation to identify a complainant.
d. The Company’s decision whether or not to restrict access, suspend or remove a Member’s Account is at its absolute discretion. The Company’s decision shall be final and not subject to review.
4. MEMBER CONTENT
The Member understands and agrees that:
a. The Community may enable the Member to upload or create Member Content, but that by doing so the Member shall not acquire an interest to any Intellectual Property owned by the Company, which may exist in the Community;
b. Member Content is the sole responsibility of the person that provided the Member Content to the Community;
c. The Member indemnifies the Company for any Member Content that the Member makes available using the Community. The Member acknowledges that they are not authorised to provide Member Content that includes any illegal, offensive, indecent, objectionable content or which may constitute Financial Advice;
d. The Company may, at its absolute discretion (acting reasonably), remove any content and or suspend accessibility to Member Content via the Community that the Company determines contravenes the terms of this Agreement;
e. To the extent permitted by law, under no circumstances will the Company be liable in any way for Member Content; and
f. The Member warrants that it has all necessary Intellectual Property Rights to use or provide Member Content, and shall indemnify the Company for any infringement of third-party Intellectual Property Rights arising as a result of Member Content on the Community.
5. MEMBERSHIP FEES
The Member understands and agrees that:
a. The primary Fee to have access to the Community shall be the Membership Fee, which is payable in advance.
b. Membership Fees may be payable on a monthly, quarterly or annual basis.
c. The Membership Fee to access the Community shall be in accordance with the pricing listed on the Community from time-to-time, or as otherwise agreed with the Member.
d. The Member agrees to make payment in accordance with their selected payment period, via the online payment gateway accessible via the Site, in such form of fiat currency or cryptocurrency as may be directed by the Company. The Member may select to pay the Membership Fees upfront in advance or by way of recurring direct debit. The Member may cancel, change between payment methods and membership types at any time via their Account.
e. The Company reserves the right to introduce or change any Fees from time-to-time by giving the Member no less than 14 days’ written notice. Any new or changed Fees will commence at the next billing period after the Member has been given such notice.
f. If a Member does not accept a change to any Fees, then the member can simply terminate their Account and access to the Community.
g. The Community may provide credits, free access or other incentives to some or all of its Members from time-to-time in its absolute discretion.
h. If the Member has any queries regarding their Membership Fees or payment, they may contact [email protected]
All Fees are quoted in Australian dollars however transactions must be processed in an equivalent cryptocurrency, payable will be in accordance with the Membership Fee’s equivalent exchange as determined by a reputable coin exchange of the Company’s choice, as of the date of payment
5.3 Refunds & Cooling Off
No refunds of Fees are offered other than as required by law or otherwise provided for under this Agreement, unless the Member provides written notice to the Company of their intention to cancel their Account within the Cooling Off Period, in which case the Member will receive a full refund for any fees paid to the Company.
5.4 Late Payment
a. If the Member does not pay the full Fees as required, the Member’s Account and access to the Community will be immediately suspended until such time as the outstanding Fees are paid in full.
b. If Fees are not brought out of arrears within 7 days of becoming overdue, the Company may terminate the Member’s Account without further notice and terminate this Agreement on immediate written notice.
5.5 The Member agrees that the Company shall not be responsible or liable in any way for:
a. Interruptions to the availability of the Community in the event of 5.4a;
b. Loss of Member Data in the event of 5.4b.
6. THIRD PARTY LOGIN AND INTEGRATION
6.1 Registration & Login
a. A Member may be able to register as a Member, access the Community and use integrated features by connecting their Account with certain third-party services (TPS) (e.g, Facebook, Twitter, YouTube etc).
b. As part of the functionality of the Community, the Member may connect their Account with a TPS by:
i. Providing their TPS login information to the Company through the Community; or
ii. Allowing the Company to access their TPS in accordance with its terms & conditions of service.
c. When connecting to the Community using a TPS the Member warrants that they are not in breach any of the TPS’ terms & conditions of service.
6.2 Ongoing Availability
a. The Member agrees that access to the Community may be unavailable if the TPS becomes unavailable, and that the Member may lose functionality or content that is shared between the TPS and the Community.
b. The Member may disconnect the connection between the Community and the TPS at any time.
c. The Company has no relationship with any TPS and cannot guarantee the efficacy of any TPS connection.
6.3 Data from TPS
Where a Member connects and/or registers their Account using a TPS, the Member authorises the Company to use data from that TPS to create the Member’s profile within the Community.
7. GENERAL CONDITIONS
a. By accepting this Agreement, the Member is granted a limited, non-exclusive, and revocable licence to access and use the Community for the duration of, and in accordance with, this Agreement.
b. The Company may issue the licence to the Member on the further terms or limitations as it sees fit.
c. The Company may revoke or suspend the Member’s licence in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the Member (or any user that the Member allows to access its Account).
7.2 Modification of Terms
a. The terms of this Agreement may be updated by the Company from time-to-time.
b. Where the Company modifies the terms, it will provide the Member with written notice, and the Member will be required to accept the modified terms in order to continue using the Community.
c. The modified terms shall come into effect:
i. At the commencement of the Member’s next billing period for Members; or
ii. The next time the Member accesses the Community following notice of the updated terms, for all other Members.
a. The Member agrees and accepts that the Platform is:
i. Hosted on servers managed by the Company and shall only be accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the Member’s systems; and
ii. Managed and supported by the Company and other third-party service providers engaged by the Company from time-to-time from the servers, and that no ‘back-end’ access to the Platform is available to the Member unless expressly agreed in writing.
b. As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Platform in its discretion.
7.4 Use & Availability
a. The Member is solely responsible for the security of its username and password for access to the Community. The Member shall notify the Company (through the Community) as soon as it becomes aware of any unauthorised access of its Account.
b. The Member agrees that the Company shall provide access to the Community to the best of its abilities, however:
i. Access to the Community may be prevented by issues outside of its control; and
ii. It accepts no responsibility for ongoing access to the Community.
a. The Company provides user support for the Community via the email address [email protected] and within the Platform’s help centre.
b. The Company shall endeavour to respond to all support requests from Members within 2 Business Days.
c. The Company reserves the right to require the payment of reasonable fees for non-standard support requests prior to the provision of such support.
c. The Company makes no warranty as to the suitability of the Community in regard to the Member’s privacy obligations at law or contract, and it is the Member’s responsibility to determine whether the Community is appropriate for the Member’s circumstances.
a. The Company takes the security of the Community and the privacy of its Members very seriously. The Member agrees that the Member shall not do anything to the security or privacy of the Company’s systems or the information on them.
b. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the Member to ensure that any transmission standards meet the Member’s operating and legal requirements.
c. Data that is stored by the Company shall be stored according to accepted industry standards.
d. The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific Member Data from any period of time unless so stated in writing by the Company.
7.9 Intellectual Property
a. Trade Marks. The Company has moral, unregistered and registered rights in its trade marks and the Member shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
b. Third Party Intellectual Property. The Company may use software and other proprietary systems and Intellectual Property (including open source systems) for which the Company has appropriate authority to use, and the Member agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The Member warrants that it shall not infringe on any third-party rights through the use of the Community.
c. The Community. The Member agrees and accepts that the Community, and in particular the Platform, is the Intellectual Property of the Company and the Member further warrant that by using the Community the Member will not:
i. Copy the Community or the services that it provides for the Member’s own commercial purposes; and
ii. Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Community or any documentation associated with it.
d. All content (with the exception of Member Data) remains the Intellectual Property of the Company, including (without limitation) any videos, documents, analysis, source code, analytics, insights, aggregations, ideas, enhancements, feature requests, suggestions or other information provided by the Member or any other party with respect to the .
7.10 Disclaimer of Third Party Services & Information
a. The Member acknowledges that the Community has dependencies on third-party services, including but not limited to:
i. Banks, credit card providers and/or Stripe;
ii. Third Party Service Providers;
iii. Building control systems;
iv. Telecommunications services;
v. Hosting infrastructure services;
vi. Email services; and
vii. Analytics services.
b. The Member agrees that the Company shall not be responsible or liable in any way for:
i. Interruptions to the availability of the Community due to third-party services; or
ii. Information contained on any linked third party website.
7.11 Liability & Indemnity
a. The Member agrees that it accesses the Community at its own risk.
b. The Company make no representations, warranties or guarantees, whether express or implied, that the Member will receive some benefit or success from their access to the Community.
c. The Member acknowledges that the Company is not responsible for the conduct or activities of any Member and that the Company is not liable for such under any circumstances.
d. To the maximum extent permitted by law, neither party will have any liability to the other for fines, penalties, taxes (except GST) and any exemplary, aggravated or punitive damages, liquidated damages or any indirect or consequential loss (including but not limited toloss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings, loss of revenue, loss of business, lost opportunity costs, loss of contract, loss of production or any other similar or analogous loss), legal costs and expenses (except reasonable legal costs awarded by a court) except where such losses are covered by an insurance policy held by the party.
e. Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
i. The re-supply of services or payment of the cost of re-supply of services; or
ii. The replacement or repair of goods or payment of the cost of replacement or repair.
f. The Member shall indemnify and release the Company from and against all claims, suits, demands, actions, liabilities, costs and expenses (including reasonable legal costs and expenses awarded by a court) resulting from the Member’s use of the Community or the Member’s use of any third party websites or breach of these or any terms and conditions you agree to prior to accessing the Community, but only in the proportion that represents the extent to which the claim, suit, demand, action, liability, cost or expense was caused by the Member’s negligent or wrongful acts or omissions.
a. The Member may terminate this Agreement by giving the Company written notice or simply cancelling its Account.
b. The Company may terminate this Agreement immediately by providing the Member written notice, in which case the Company will provide a pro rata refund on Fees paid by the Member.
c. The Company may otherwise terminate this Agreement if the Member is in breach of the terms of this Agreement and:
i. That breach is not capable of remedy;
ii. The breach is material, willful, reckless or repetitious;
iii. The breach compromises the Intellectual Property Rights of the Company; and/or
iv. The breach can be remedied but is not remedied within 5 Business Days of being given notice of that breach by the Company.
d. Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.
7.13 Dispute Resolution
a. If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
i. Includes or is accompanied by full and detailed particulars of the Dispute; and
ii. Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
b. Within 10 Business Days after a Dispute Notice is given, a representative from each of the parties with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
c. Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
d. Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
e. Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
7.14 Electronic Communication, Amendment & Assignment
a. The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
b. The Member can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the Member of a change of details from time-to-time.
c. The Company will send the Member notices and other correspondence to the details that the Member submits to the Company, or that the Member notifies the Company of from time-to-time. It is the Member’s responsibility to update contact details as they change.
d. A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
e. Notices must be sent to the parties’ most recent known contact details.
f. The Member may not assign or otherwise create an interest in this Agreement without the written consent of the Company (which shall not be unreasonably withheld).
g. The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the Member.
a. Special Conditions. The parties may agree to any special conditions to this Agreement in writing.
b. Prevalence. To the extent this Agreement is in conflict with, or inconsistent with any special conditions made under this Agreement, as relevant, the terms of those special conditions shall prevail.
c. Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
d. Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
e. Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
f. Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
g. Governing Law. This Agreement is governed by the laws of Victoria, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
h. Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
i. Interpretation. The following rules apply unless the context requires otherwise:
i. Headings are only for convenience and do not affect interpretation.
ii. The singular includes the plural and the opposite also applies.
iii. If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
iv. A reference to a clause refers to clauses in this Agreement.
v. A reference to legislation is to that legislation as amended, re enacted or replaced, and includes any subordinate legislation issued under it.
vi. Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
vii. A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
viii. A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
ix. A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
END TERMS OF SERVICE