Terms of Use

http://www.thebitcoindiaries.com

Effective date: 1st January 2024

1. Introduction and Acceptance of Terms

Welcome to The Bitcoin Diaries, a distinct Australian business specializing in Bitcoin-themed apparel, registered under the Australian Business Number (ABN) 71 284 377 412. These Terms of Use (“Terms”) represent a legally binding agreement between you and The Bitcoin Diaries and govern your access to and use of our website and its associated services (collectively, the “Services”).

By accessing, browsing, or utilizing the Services, you acknowledge your understanding and acceptance of these Terms, as well as our Privacy Policy. If at any point you do not agree with these Terms, you are advised to cease using our Services immediately. Continued use of the Website signifies your ongoing consent to be bound by these Terms, which may be amended or updated periodically. As an Australian-registered entity, we are proud to offer a unique and engaging online experience featuring our exclusive range of Bitcoin-inspired apparel.

2. Definitions

For the purpose of these Terms, the following definitions shall apply:

  • “User” refers to any individual who accesses or uses our Services.
  • “Content” encompasses all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression, and arrangement of such content, contained on the Website.
  • “Services” refers to the various functionalities offered through the Website, including but not limited to the sale of apparel.

3. User Eligibility

The Services are intended solely for users who are eighteen (18) years of age or older. By accessing or using the Services, you represent and warrant that you are at least eighteen (18) years old and have the legal capacity to enter into these Terms.

4. Account Registration and Security

To access certain features of the Website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

The Bitcoin Diaries reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter is inaccurate, not current, or incomplete. You are responsible for safeguarding your password and for all activities that occur under your account. The Bitcoin Diaries cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

5. Intellectual Property Rights

The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features and the trademarks, service marks, and logos contained therein (“Materials”), are owned by or licensed to The Bitcoin Diaries, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions. The Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of The Bitcoin Diaries or the rightful owner, as applicable.

6. Endorsement

It is important to note that while our products and services are themed around the concept of Bitcoin, The Bitcoin Diaries is not affiliated with, endorsed by, or otherwise connected to Bitcoin or any Bitcoin entities. Our use of the term “Bitcoin” is solely for thematic and aesthetic purposes and does not imply any official connection or partnership with Bitcoin or its creators. The Bitcoin Diaries respects the intellectual property rights of others and expects the same from our users.

7. User Conduct and Obligations

As a User of the Website, you agree not to:

  • Use the Website in any manner that could damage, disable, overburden, or impair any Bitcoin Diaries server, or the network(s) connected to any Bitcoin Diaries server, or interfere with any other party’s use and enjoyment of the Website.
  • Attempt to gain unauthorized access to any Services, other accounts, computer systems, or networks connected to any Bitcoin Diaries server or to any of the Services, through hacking, password mining, or any other means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

8. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains the policies put in place and the usage of information collected from you. By agreeing to these Terms, you acknowledge that you have read and understand our Privacy Policy. The Bitcoin Diaries adheres to all the applicable laws and regulations concerning data protection and privacy.

9. User-Generated Content

We encourage our users to share their thoughts and experiences through reviews, comments, and feedback on our products. By submitting such User-Generated Content on our Website, you grant The Bitcoin Diaries a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content throughout the world in any media. You warrant that you own or control all rights to the content you post and that its public posting and use by The Bitcoin Diaries will not infringe or violate the rights of any third party.

10. E-Commerce Terms

All purchases made through The Bitcoin Diaries are subject to product availability. We reserve the right to limit quantities sold and to modify, discontinue, or refuse service to any customer for any reason at our discretion. While we strive for accuracy in the descriptions of our products, we do not guarantee that the product descriptions, colors, information, or other content available on the Website are accurate, complete, reliable, current, or error-free.

11. Payment Terms

Payment for your purchases can be made via various methods, including credit cards and digital currencies such as Bitcoin. Please note that all transactions are subject to validation checks and authorization by the card issuer or payment gateway. If your payment method is declined, we will not be liable for any delay or non-delivery of your order.

12. Shipping, Returns and Refunds

The Bitcoin Diaries uses multiple Print on Demand (POD) services for order fulfillment. Shipping costs and delivery times may vary depending on the POD service used and the destination of the order. International orders may be subject to import duties and taxes, payable by the recipient upon arrival in the destination country.

Please refer to the Shipping, Returns and Refund Policy for more information on this section.

13. Product Descriptions and Availability

The Bitcoin Diaries endeavors to be as accurate as possible in describing our products. However, we do not warrant that product descriptions and any other content of the Website are 100% accurate, complete, reliable, or error-free. If a product offered by The Bitcoin Diaries is not as described, your sole remedy is to return it in unused condition.

14. Promotions and Discounts

The Bitcoin Diaries may, from time to time, offer promotional discounts and special offers. These promotions will be subject to additional terms and conditions, which will be made available at the time of the promotion. Such promotions cannot be used in conjunction with any other offer and are subject to availability.

15. Links to Third-Party Websites

The Bitcoin Diaries may provide links to third-party websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We recommend you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

16. Disclaimer of Warranties

The Bitcoin Diaries does not guarantee that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components. The Website and all content, products, and services included on or otherwise made available to you through the Website are provided by The Bitcoin Diaries on an “as is” and “as available” basis, unless otherwise specified in writing. The Bitcoin Diaries makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, products, or services included on or otherwise made available to you through the Website.

17. Limitation of Liability

To the full extent permissible by law, The Bitcoin Diaries will not be liable for any damages of any kind arising from the use of the Website or from any information, content, materials, products, or services included on or otherwise made available to you through the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

18. Indemnification

You agree to indemnify, defend, and hold harmless The Bitcoin Diaries, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from your use of the Website or your breach of these Terms of Use.

19. Amendments to the Terms

The Bitcoin Diaries reserves the right to amend these Terms of Use at any time. All amendments to these Terms will be posted online. Your continued use of the Website after such changes are posted constitutes your acceptance of these amended Terms.

20. Termination of Use

The Bitcoin Diaries may, in its sole discretion, terminate or suspend your access to all or part of the Website, without notice, for any reason, including without limitation, breach of these Terms of Use. Upon termination, you must cease all use of the Website and its content.

21. Governing Law and Jurisdiction

These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Australia. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Sydney, Australia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

22. Dispute Resolution

In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms of Use or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, disputes, claims, questions, or disagreements shall be finally settled by arbitration administered in Sydney, Australia, in accordance with the Arbitration Rules of the Australian Centre for International Commercial Arbitration.

23. Severability and Waiver

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The failure of The Bitcoin Diaries to insist upon or enforce strict performance of any of the terms of these Terms of Use shall not be construed as a waiver of any provision or right.

24. Entire Agreement

These Terms of Use, together with the Privacy Policy, Cookie Policy, Shipping Policy, and any other legal notices published by The Bitcoin Diaries on the Website, shall constitute the entire agreement between you and The Bitcoin Diaries concerning the Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the user and The Bitcoin Diaries with respect to the Website.

25. Contact Information

Questions about the Terms of Use should be sent to us at hello@thebitcoindiaries.com.