Terms and Conditions

Miner Hosting Australia (ACN 155 473 304)

By accessing, browsing, or using our websites, you are agreeing to comply with and be bound by the following Terms of Use (the ‘Terms’) and all terms and conditions incorporated by reference. Please review these Terms carefully before using the website and information provided by Miner Hosting Australia, its subsidiaries, and affiliates (hereinafter, ‘Miner Hosting Australia’). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OUR WEBSITES.

Miner Hosting Australia may, without notice to you, at any time amend these Terms and any other information contained on this website. The latest Terms will be posted on our websites, and you should review the Terms prior to using the website. Your continued use of the websites after any changes to these Terms are posted will be considered acceptance of those changes.

Scope of Terms

These Terms apply to the Miner Hosting Australia Websites located at minerhosting.com.au and all Miner Hosting Australia owned and/or operated websites that are linked to minerhosting.com.au by Miner Hosting Australia and its subsidiaries, including Miner Hosting Australia websites around the world and secure areas of the websites (the ‘Miner Hosting Australia Websites’). These Terms also apply to any and all online resources, materials, download areas, tools, and interactive venues provided on the Miner Hosting Australia Websites, including, without limitation, blogs, community forums, chat rooms, discussion sites, knowledge centers, service offerings information (hereinafter, ‘Online Mediums’), both now and in the future. Miner Hosting Australia may also publish medium-specific terms of use, in which event, these Terms shall remain in full force and effect to the extent that the Terms do not conflict with the medium-specific terms of use.

Ownership of Content

The Miner Hosting Australia Websites; their past, present, and future versions; all pages found within the Miner Hosting Australia Websites; the material and information on the Miner Hosting Australia Websites; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, ‘look and feel,’ and arrangement of such content contained on the Miner Hosting Australia Websites (hereinafter, the ‘Content’); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled, or licensed by or to Miner Hosting Australia, and are protected by intellectual property laws (the ‘Intellectual Property laws’), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the Miner Hosting Australia Websites or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the Websites. All rights not expressly granted are reserved.

The Miner Hosting Australia Websites and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without Miner Hosting Australia’s express prior written authorization. You are granted permission to display on your computer, print and download the Content on this Website solely for your own personal, non-commercial, and educational use. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on this Website are open source Content and documents subject to the applicable open-source license and are so marked. Your use of those materials is governed by the individual applicable license. Unauthorized use of the Miner Hosting Australia Websites or the Content contained on or available through the Miner Hosting Australia Websites or any linked websites may violate applicable Intellectual Property laws or other laws.

The Miner Hosting Australia Websites, Online Mediums, and Content may contain user or third party submitted content, such as feedback and suggestions, posts or submissions, and other materials (hereinafter, the ‘Submissions’) intended for review by the general public or by members of any public or private community. Miner Hosting Australia does not claim ownership of the third party submitted content and shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved, or endorsed by Miner Hosting Australia and are provided solely for the convenience of Miner Hosting Australia customers and users. Miner Hosting Australia reserves the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums.

Copyright Infringement Complaints. You may not use the Miner Hosting Australia Websites, Content, or Online Mediums for any purpose or in any manner that infringes the rights of any third parties. Miner Hosting Australia encourages you to report any content on the Miner Hosting Australia Websites that you believe infringes your copyright. If you would like to submit a Copyright Infringement Complaint, contact us.

The Miner Hosting Australia Websites may contain links and references to non-Miner Hosting Australia Websites and resources (‘Linked Websites’) and are provided for convenience only. If you decide to leave Miner Hosting Australia Websites and access Linked Websites, you do so at your own risk and Miner Hosting Australia will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection with any purchase or use of any such content, goods or services available on or through any such Linked Website. Miner Hosting Australia has not reviewed the Linked Websites and we are not responsible for the content, accuracy, or opinions expressed on these websites. Inclusion of these links on our Websites does not apply approval or endorsement by Miner Hosting Australia of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain Miner Hosting Australia logo, are independent websites, and Miner Hosting Australia does not control the content on that Linked Website. Additionally, Miner Hosting Australia is not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from Miner Hosting Australia, by way of reference or link provided on the Miner Hosting Australia Websites.

Forward-Looking Statements

All statements on the Miner Hosting Australia Websites other than statements of historical fact are statements that could be deemed forward-looking statements, including, but not limited to, any projections of financial information; any statements about historical results that may suggest trends for our business; any statements about operational improvements or third party data that may suggest trends for our business or industry; any statements of the plans, strategies, and objectives of Miner Hosting Australia for future operations or service offerings; any statements of expectation or belief regarding future events, potential markets or market size; technology developments; and any statements of assumptions underlying any of the items mentioned. Risks, uncertainties, and assumptions include the possibility that expected benefits from our operational improvements or service offerings may not materialize. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties that involve risks, many of which are beyond our control and not guarantees of future performance. If such risks or uncertainties materialize or such assumptions prove incorrect, the results of Miner Hosting Australia could differ materially from our current expectations as a result of many factors, including but not limited to: the unpredictable nature of our rapidly evolving market and quarterly fluctuations in our business; the effects of competition; and any adverse changes in our indirect channel relationships. These and other risks and uncertainties associated with our business are described in our quarterly and annual reports filed with the Securities and Exchange Commission at edgar.gov. Except as required by law, Miner Hosting Australia assumes no obligation to update these forward-looking statements publicly, or to update the reasons actual results could differ materially from those anticipated in these forward-looking statements, even if new information becomes available in the future.

Disclaimer of Warranties

Your use of and access to the Miner Hosting Australia Websites, Online Mediums, and Content posted by Miner Hosting Australia, its divisions, subsidiaries, or user-generated content posted by third parties is at your sole risk. The Websites, Online Mediums, and Content are provided for informational purposes only on an ‘AS IS’ and ‘AS AVAILABLE’ basis without any express or implied warranty of any kind, including warranties of merchantability, non-infringement, or fitness for any particular purpose. Miner Hosting Australia makes no representations, warranties, or guarantees as to the quality, suitability, truth, accuracy, or completeness of the Content. Miner Hosting Australia further makes no representations, warranties, or guarantees that the quality and reliability of any information, and hosting services obtained from the Website, Online Mediums, and/or Content will meet your expectations and requirements, be virus-free, or perform error- and damage-free. You assume all risk and responsibility for any loss or damage whatsoever to your computer system, data, and business arising out of your use of the Website, Online Mediums, and/or Content.

Limitation of Liability

You expressly understand and agree that Miner Hosting Australia and any contributor to the user-generated content via Online Mediums (‘Miner Hosting Australia Licensors’) SHALL NOT BE LIABLE to you for:

  1. any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness, or suitability of the Content, or any changes Miner Hosting Australia and Miner Hosting Australia Licensors may make to the Websites, Online Mediums, and Content, or any temporary interruption or permanent cessation in the provision of the Online Mediums and Content, or, if applicable, your failure to safeguard your account details or passwords.

  2. to the full extent permitted by law, Miner Hosting Australia and Miner Hosting Australia Licensors are not liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with your use of or related to the Websites, Online Mediums, and Content (including without limitation for loss of or damage to business, revenues, goodwill, or data) even if Miner Hosting Australia and Miner Hosting Australia Licensors had previously been advised of, Miner Hosting Australia asonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract, negligence, or other tortuous action.

  3. Since some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, portions of the above limitation or exclusion may not apply to you.

Indemnification

You agree to indemnify and hold Miner Hosting Australia, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representative and Miner Hosting Australia Licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees, and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the Websites, Online Mediums, and Content; (ii) content you submit, post, transmit or otherwise make available via the Website and Online Mediums; (iii) your violation of these Terms or Website specific Terms and Conditions. This indemnification obligation will survive the termination of your Miner Hosting Australia account or these Terms.

Marketing

Any information collected from contact forms or analytics may be used for, but not limited to; marketing and promotional purposes. This will be via newsletters, traditional mail, social media plus others. You may opt out of any communications at any time.

General

The Terms constitute the entire agreement between you and Miner Hosting Australia relating to your use of and accessing to the Miner Hosting Australia Websites and Online Mediums and Content. You may also be subject to Online Medium or Content specific terms of use. Australian law shall govern any action related to the Terms and your use of the Online Mediums and Content, without regard to the choice of law rules. In any dispute between you and Miner Hosting Australia, you agree to submit to personal and exclusive jurisdiction of the courts located in Perth, Western Australia. In the event of any violations of the Terms, Miner Hosting Australia reserves the right to disable your access to the Online Mediums and Content and seek all remedies available by law and in equity.

Thank you for reading through these Terms and now, enjoy our Website.