WEBSITE TERMS & CONDITIONS OF USE
1. About the Website
Welcome to DeFiTaxCalc.io (the ‘Website’). The Website allows you to access and use the DeFi Tax Calc (the ‘Services’).
The Website is operated by DeFi Techworld Solutions Pty Ltd, ACN/ABN 88 657 339 547 . Access to and use of the Website, or any of its associated Products or Services, is provided by DeFi Techworld Solutions Pty Ltd. 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.
DeFi Techworld Solutions Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When DeFi Techworld Solutions 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.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.
3. About the Service
DeFi Tax Calc is an online accounting platform that offers paid Services. These Services may include, but are not limited to, calculating, tracking and computing your estimated gains based on reported cryptocurrency transaction history.
Various paid and free user accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.
Some accounts may be governed by a separate Software Licensing Agreement with DeFi Techworld Solutions Pty Ltd, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.
4. Acceptable use of the Service
DeFi Tax Calc, its related features, and website must only be used lawfully. DeFi Techworld Solutions Pty Ltd reserves the right to suspend, cancel, or otherwise deny access to users and accounts who use the service.
To engage in any act that would disrupt the access, availability, and security of DeFi Tax Calc and other DeFi Techworld Solutions Pty Ltd services, including but not limited to:
- Tampering with, reverse-engineering, or hacking our servers
- Modifying, disabling, or compromising the performance DeFi Tax Calc or other DeFi Techworld Solutions Pty Ltd services
- Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
- Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by DeFi Techworld Solutions Pty Ltd.
- For any illegal purpose, or to violate any laws, including and without limitation to data, privacy, and export control laws.
- To stalk, harass or threaten users and any member of the public.
- To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with DeFi Techworld Solutions Pty Ltd or any third party.
- To access or search any part of the Service, or any other Service owned by DeFi Techworld Solutions Pty Ltd other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.
- To post, upload, share, or otherwise circulate content in violation of DeFi Tax Calc’s content policy.
5. Security and Data Privacy
DeFi Techworld Solutions Pty Ltd takes your privacy seriously and information provided through your use of the Website and/or Services are subject to DeFi Techworld Solutions Pty Ltd’s Privacy Policy, which is available on the Website. The Privacy Policy also addresses DeFi Techworld Solutions Pty Ltd’s processes, policies, and obligations in respect of DeFi Tax Calc security breaches.
6. Data Use
DeFi Techworld Solutions Pty Ltd takes your privacy seriously and information provided through your use of the Website and/or Services are subject to DeFi Techworld Solutions Pty Ltd’s Privacy Policy, which is available on the Website. The Privacy Policy also addresses DeFi Techworld Solutions Pty Ltd’s processes, policies, and obligations in respect of DeFi Tax Calc security breaches.
7. Subscription to use the Service
In order to access the Services, you must first purchase a subscription through the Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’). After purchasing a Subscription, you will be considered a member (‘Member’).
In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘ Account’).
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 but not limited to name, email address, telephone number and country of residence.
You warrant that any information you give to DeFi Techworld Solutions Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered user of the Website and agree to be bound by the Terms (“User”). As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’).
You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with DeFi Techworld Solutions Pty Ltd; or
- you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
8. Payments
Subject to the terms of any applicable Software License Agreement, the Subscription Fee may be paid by all payment methods available on the Website, and may change from time to time.
Payments made in the course of your use of DeFi Tax Calc may be made using third-party applications and services not owned, operated, or otherwise controlled by DeFi Techworld Solutions Pty Ltd. You acknowledge and agree that DeFi Techworld Solutions Pty Ltd will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for DeFi Tax Calc services.
You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
You agree and acknowledge that DeFi Techworld Solutions Pty Ltd can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.
9. Refund Policy
10. Copyright and Intellectual Property
The Website, the Services and all of the related products of DeFi Techworld Solutions 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 DeFi Techworld Solutions Pty Ltd or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by DeFi Techworld Solutions Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
use the Website pursuant to the Terms;
copy and store the Website and the material contained in the Website in your device’s cache memory; and
print pages from the Website for your own personal and non-commercial use.
DeFi Techworld Solutions 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 DeFi Techworld Solutions Pty Ltd.
DeFi Techworld Solutions Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- 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.
You may not, without the prior written permission of DeFi Techworld Solutions 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. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
11. General Disclaimer
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
Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- DeFi Techworld Solutions 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.
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 and licensors of DeFi Techworld Solutions Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of DeFi Techworld Solutions 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:
- 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;
- 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);
- costs incurred as a result of you using the Website, the Services or any of the products of DeFi Techworld Solutions Pty Ltd; and
- the Services or operation in respect to links which are provided for your convenience.
12. Limitation of Liability
You expressly understand and agree that DeFi Techworld Solutions Pty Ltd, its affiliates, employees, agents, contributors and licensors (together referred to as the ‘Covered Party’) 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.
To the fullest extent permitted under the law, a Covered Party is not responsible for any indirect, special or consequential Liability (including legal fees) whatsoever.
To the fullest extent permitted by law, we are not liable for any consequences resulting from your provision of false, fraudulent or incorrect information to obtain any services that we provide on the Website.
The exclusion of Liability in clauses 12(a) – 12(c) apply even if you expressly advise a Covered Party of the potential loss.
To the fullest extent permitted by law, our Liability for any breach of any condition, warranty or guarantee (including any condition, warranty or guarantee implied under sub-clause 12(a)) is, at our discretion, limited to the lesser of:
(a) in case of services: (i) supply of the services again; or (ii) payment of the cost of supplying the services again.
(b) in case of any other damages, $100.00.
Nothing in these Terms and Conditions will exclude or limit our liability in respect of any:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation on the part of us; or
(c) matter in which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.
13. Termination of Contract
The Terms will continue to apply until terminated by either you or by DeFi Techworld Solutions Pty Ltd as set out below
If you want to terminate the Terms, you may do so by:
- not renewing the Subscription prior to the end of the Subscription Period;
- providing DeFi Techworld Solutions Pty Ltd with 30 days’ notice of your intention to terminate;
- and closing your accounts for all of the services which you use, where DeFi Techworld Solutions Pty Ltd has made this option available to you.
Any notices pursuant to Clause 13.2 above should be sent, in writing, to DeFi Techworld Solutions Pty Ltd via the ‘Contact Us’ link on our homepage.
DeFi Techworld Solutions Pty Ltd may at any time, terminate the Terms with you if:
- you do not renew the Subscription at the end of the Subscription Period;
- you have breached any provision of the Terms or intend to breach any provision;
- DeFi Techworld Solutions Pty Ltd is required to do so by law;
- the provision of the Services to you by DeFi Techworld Solutions Pty Ltd is, in the opinion of DeFi Techworld Solutions Pty Ltd, no longer commercially viable.
Subject to local applicable laws, DeFi Techworld Solutions Pty Ltd reserves the right to discontinue or cancel your Subscription or Account 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 DeFi Techworld Solutions Pty Ltd’s name or reputation or violates the rights of those of another party.
14. Indemnity
You agree to indemnify DeFi Techworld Solutions Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- 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;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
15. Venue and Jurisdiction
The Services offered by DeFi Techworld Solutions Pty Ltd is intended to be viewed by residents of Australia. 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 New South Wales.
16. Governing Law
The Services offered by DeFi Techworld Solutions Pty Ltd is intended to be viewed by residents of Australia. 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 New South Wales.
17. 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.
18. Severance
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.