BPS reserves the right to amend the Agreement in relation to these Services.Your continued use of the Site means You accept and agree to the amendments.
In this Agreement:
Algorithm means a process or set of rules to be followed for calculations of the Qoin value. Calculations are based on the average spare capacity of validated merchants to redeem a Qoin for goods and services. The spare capacity of a Qoin Merchant is initially calculated as an average business turnover of $US500,000 per annum, multiplied by a spare capacity factor of 25%.
Blockchain means a distributed ledger of records organised into blocks that are linked together using cryptographic validation. When a block is added to the chain, it cannot be changed without affecting all blocks that came after it, this creates an immutable data file that no single entity controls.
BPS, ‘we’ or ‘us’ means BPS Financial Limited ABN 99 604 899 381.
Cryptocurrency means a digital currency in which cryptography encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds.
Directory means a service available on the Site that contains the names and such other information concerning participating Qoin Merchants that BPS from time to time determines.
Intellectual Property Rights means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, moral right, patent, registered or unregistered trade mark, registered or unregistered design, registered or unregistered plant breeder’s right, trade secret, knowhow, right in relation to semiconductors and circuit layouts, trade or business or company name, indication or source or appellation of origin or other proprietary right, or right of registration of such rights.
Packs means a collection of Qoins which can be purchased by a Qoin Merchant.
Qoin means a cryptocurrency on a blockchain network.
Q Chain means the Qoin Blockchain.
Qoin Merchant means the merchant who is listed in the Directory and uses the Qoin Wallet to process Qoin Transactions to complete a sale of their goods and/or services and in doing so agrees to accept Qoin at the value as determined regularly by the Algorithm as displayed in the Qoin Wallet.
Qoin Transactions means transactions between You and a Qoin Merchant and/or peer to peer transactions.
Qoin Wallet or Q Wallet means a cryptocurrency wallet developed by BPS that connects to the Q Chain, stores a user’s cryptocurrency (such as Qoin) and allows a user to make cryptocurrency transactions.
Services means the services, including the Site, the Q Wallet, sites located on the Q Wallet browser and web sites provided by BPS to You.
Transaction Services means services provided by BPS (through the Qoin Wallet) to facilitate Qoin Transactions between You and a Qoin Merchant.
You means the user who downloads and utilises the Qoin Wallet and the Site and agrees to the Agreement.
- Access and use of the Site
BPS will use best efforts to maintain the availability of the Site, but does not guarantee that the operation of or access to the Site will be uninterrupted or continuous. The Site may be interrupted for maintenance, repairs, upgrades and network or equipment failures.
BPS reserves the right to disable or amend the Site and any Services available via the Site. BPS will not be liable if for any reason all or part of the Site is unavailable at any time. BPS may restrict access to some parts of the Site, or the entire Site to You.
BPS may release products, services, functionalities or features that are still being tested and evaluated. BPS will label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these services may not be as reliable as other products or services offered.
BPS does not guarantee that the Site will be free from bugs or viruses.
You are responsible for:
- Your own access of the Site.
- Implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to the Site for any retrieval of lost data including Qoin.
You represent and warrant that any information You provide BPS is accurate and complete. You accept and acknowledge that BPS is not responsible for any errors or omissions that You make in connection with using Services via the Site.
- Intellectual Property
BPS represents and warrants that it is the absolute legal and beneficial owner of, or licensee to, all right, title and interest in the Site including, but not limited to, all Intellectual Property Rights in the Site.
BPS does not own, control nor have any responsibility or liability for any third-party software application You elect to use with the Site and in connection with our Services.
The word Qoin and all related names, logos, product and service names, designs, and slogans are trademarks of BPS. You agree not to use such trademarks without the prior written permission of BPS. All other names, logos product and service names, designs and slogans on this Site are trademarks of their respective owners.
- Use and Prohibited Use of the Site
You agree that you will not engage in any activity that interferes with or disrupts the Site. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this Site or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Site.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
BPS may stop providing access to the Site to you, or to guests or members generally, at its discretion and without prior notice to You.
In any way which violates any applicable local or international laws.
To transmit, or procure the sending of, any advertising or promotional material or any other similar solicitation without the prior written permission of BPS.
To impersonate or attempt to impersonate BPS, a BPS employee, another user or any other person or entity.
To engage in other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by BPS, may harm BPS or users of the Site or expose them to liability.
To disable, overburden, damage or impair the Site or interfere with any other party’s use of the Site.
To activate automatic devices such as robots or spiders to access the Site for any purpose, including monitoring or copying any of the material on the Site.
To use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose.
To use any device, software or routine that interferes with the proper working of the Site.
To introduce any bugs or viruses or other material which is malicious or technologically harmful.
To attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
Attempt to interfere with the proper working of the Site.
The information presented on or through the Site is made available solely for general information purposes. BPS does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. BPS disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
- Online Purchases and Other Terms and Conditions
- Geographic Restrictions
BPS the owner of the Site is located in Australia. BPS makes no claims that the Site or any of the content is accessible or appropriate outside of Australia. Access to the Site may not be legal by certain persons or in certain countries. If You access the Site from outside of Australia, You do on your own initiative and are responsible for compliance with local laws.
By accessing or using the Site You represent and warrant that:
You are at least 18 years of age and have the legal authority to accept this Agreement and that such acceptance will be binding on You;
all the information You have provided to BPS is true and correct in all respects; and
You will update BPS by email immediately that any information You have provided ceases to be true and correct.
It is your responsibility to determine what, if any, taxes apply to the transactions that You have submitted transaction details for, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that BPS is not responsible for determining whether taxes apply to your Qoin Transactions or for collecting reporting, withholding, or remitting any taxes arising from any transactions.
You may contact our Privacy Officer in relation to your personal information (or to opt out of marketing) on [email protected] or ph. 1300 228 274, or by mail at:
BPS Financial Limited
Level 1, 121 Scarborough St
Southport QLD 4215
- Liability and indemnity
your use of the Site, the content, including, but not limited to personal information contained on the Site or submitted by You to BPS;
any loss or damage caused by any bugs or viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or any services or items obtained through the Site or to your downloading of any material posted on it, or on any websites linked to it;
the inability to use the Site;
any action or inaction of a Qoin Merchant;
modification or removal of content or offers from the Site by BPS or any Qoin Merchant;
any product or service obtained directly from a Qoin Merchant;
any improper use of the information You provided to the Site or the App, including, but not limited to personal information.
BPS will not be held liable for any loss or damage of any kind arising out of or in connection with your use, or inability to use, the Site, any Sites linked to it, any content on the Site or such other websites or any services or items obtained through the websites or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contractor otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law which may include fraud.
This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth)
- Complaints and Disputes
BPS will handle all complaints according to the internal dispute resolution procedure. Details of these procedures are available on request.
If You have a complaint, you may access our customer service department by:
Phone: 1300 228 274.
Mail: write to: BPS Financial Limited, Level 1, 121 Scarborough Street, Southport, Queensland, 4215.
Email: write to: [email protected]
- Governing Law
Any disputes against BPS, arising out of or related to the Agreement and/or any use by You of the Site shall be governed by the laws of the State of Queensland without regard to its choice of law rules and without regard to conflicts of laws principles.
- Dispute Resolution
You and BPS agree that in the event of a dispute arising out of the Agreement both parties will first attempt to resolve the dispute by direct discussion or negotiation. If within thirty (30) days a mutual agreement cannot be reached between the parties, the parties may refer the matter to an independent mediator agreed upon by the parties and both parties agree to split the costs of appointing a mediator between them. The appointment of a mediator is solely at the discretion of the parties and if a party so wishes, a party may obtain their own legal advice in respect of the dispute without nominating a mediator.
- Waiver and Severability
- Force Majeure
or delayed from performing, in whole or in part, as a result of an event or series of events
caused by or resulting from:
weather conditions or other elements of nature or acts of God;
acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion;
quarantines or embargoes;
error or disruption to major computer hardware or networks or software failures; or
other causes beyond the reasonable control of BPS.
- Entire Agreement
BPS may terminate this Agreement or suspend your access to the Site at any time without notice to You, including without limitation if you breach this Agreement, or if BPS discontinues the Site.
You may close your Q Wallet at any time by following the Site’s instructions.
- Third Party Links and Websites
The Site may contain links or portals to third party websites not under BPS’ control or operation. Any such links are provided only as a convenience and do not imply BPS’ endorsement or responsibility for the contents of any such linked site. Use of any such third-party content provided via the Site may also be conditioned upon agreement to such third party’s terms and conditions. The Site simply facilitates your interaction with such third parties. BPS is not responsible for any issues or disputes between You and such third party.
If a law prohibits the giving of notices or other communications by electronic communication, then subject to the requirements at law, BPS may give the notice or other communication by writing to You at your residential or postal address last known to BPS.
If BPS gives a notice or other communication to You by email, the content of the notice or communication may be:
set out in the body of the email;
included as an electronic document attached to the email; or
If BPS gives a notice or other communication to You:
by writing to You – You are considered to have received it when it is delivered to or picked up by the local Postal Service;
electronically – You are considered to have received it on the day it is transmitted.
Qoin Merchants may list their business in the Directory to notify and advertise the goods and services they sell by accepting Qoin as payment.
- Payments and Fees
BPS’ current Transaction Services and Services do not incur any fees. However, BPS may charge fees in the future and will provide notice of the same.
Once transaction details have been recorded, BPS cannot assist You to cancel or otherwise modify your transaction.
Qoin Merchants may accept payment for the sale of their goods and services in Qoin.
You must ensure You have an adequate balance in your Q Wallet to complete a transaction before initiating a transaction.
You acknowledge and agree that BPS will not be liable for any failed transactions due to insufficient funds associated with your Q Wallet.
- Modifying or updating the App and Site
BPS may modify the Site from time to time. When this occurs, the features of the Site may change, and some existing features may be removed. BPS may not provide You with advance notice of any changes.
BPS integrates with third party software to provide a full suite of functionalities. BPS is not responsible for any issues or loss arising from the use of any third-party software. Your access and use of the third-party software are governed by the terms of service or user agreements of that software.