K.i. Markets Terms of Use

Last updated: 23 June 2022

  1. Introduction

    1. These K.i. Markets Terms of Use (the "Terms") govern your access to and use of our website and mobile application (collectively, the "Platform"), and associated content, features, software, and applications in the Platform (collectively, the "Service"). These Terms also include our Privacy Policy, which is located at https://www.ki-crypto.com/privacy-policy

    2. The Platform and the Service is administered and maintained by Black Cactus Limited Pty Limited, a Australian limited liability company ("BLC"). The terms "we", "us" and "our" also refer to BLC. The term "you" refers to the person visiting the Platform.

    3. Please read these Terms carefully. They contain important information regarding your legal rights, including limitations on BLC's and certain third parties' liability, disclaimers of warranties and a submission to jurisdiction. Each time you access the Service by any means (for example, through the Internet or on a mobile device), you irrevocably agree to comply with the version of the Terms posted on the Platform at the time you access the Platform. You may not use the Platform or the Service if you do not agree to these Terms.

  1. Eligibility

    1. To access or use the Service, you must be at least of legal age in your respective jurisdiction. The Service is strictly for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You must not use the Service if we have terminated any account of yours or banned you from use of the Platform or the Service.

  1. Account

    1. You would need to have an account with K.i. Markets ("Account") to use some parts of the Service. When you create an Account, you represent and warrant that you are at least of legal age in your respective jurisdiction, you are capable of entering into and performing legally binding contracts under applicable law, and that all information which you provide is accurate, up-to-date, truthful and complete.

    2. You are solely responsible for all activities under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You therefore agree to keep your password secure and keep your account information up-to-date at all times.

    3. Unless expressly permitted by K.i. Markets and subject to the Terms and any other additional terms as K.i. Markets solely and absolutely determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or Account information to another party and must not use another user's Account without their written permission.

    4. K.i. Markets may occasionally contact you on the email address provided in your Account registration. You will not be able to opt out from such communications, and you shall take the responsibility to ensure that your email address is up to date. If you missed any communications due to an inaccurate, outdated, or incomplete email address, K.i. Markets will not be liable for any losses or damages caused by you missing the communication.

  1. License

    1. You must only use the Service as expressly permitted by these Terms. All rights not expressly granted to you are reserved by BLC, its third-party providers and other respective owners, if any.

    2. BLC provides content through the Service that is copyrighted and/or trademarked work of BLC or BLC's third-party licensors and suppliers (collectively, the "Content"). For clarity, Content shall include all such content accessed by you at any time. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by BLC and such third parties through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property of BLC and such others. Accordingly, you shall protect the proprietary rights of BLC and all others having rights in the Service during and after the term of these Terms and comply with all written requests made by BLC to protect its and others' contractual, statutory, and common law rights in the Service.

    3. Subject to these Terms, and your compliance with these Terms, BLC hereby grants you a limited, personal, non-exclusive, non-sub-licensable and non-transferable license to use the Content and to use this Service, in each case solely for your personal use. You agree not to use the Service or any of the Content for any commercial purpose. Except for the foregoing license, you have no other rights to the Service or any Content, and you may not modify, edit, copy, distribute, reproduce, publish, display, perform, license, sell, rent, lease, loan, create derivative works of, create any index, reverse engineer, alter, enhance, provide access to or in any way exploit the Service or the Content in any manner.

    4. If you breach any of these Terms, the above license will terminate automatically.

  1. Prohibited Activities

    1. You agree that you will not:

      1. Copy, modify or create derivative works of the Service or any Content.

      2. Copy, manipulate or aggregate any Content (including data) for the purpose of making it available to any third party.

      3. Trade, sell, rent, loan, lease or license any Content or access to the Service, whether commercially or free of charge.

      4. Use or introduce to the Service any data mining, crawling, "scraping", robot or similar automated or data gathering or extraction method, or manually access, acquire, monitor, or copy any portion of the Service, or download or store Content (unless expressly authorized by BLC).

      5. Make excessive requests for information or take any action that interferes with, disrupts or imposes an undue burden on the Service, or any server or network connected to the Service or negatively affects the quality or availability of any Content, or speed or functionality of the Service.

      6. Introduce a virus, Trojan horse, worm, time bomb or other malware to the Service or the Platform, or use any device, software, or routine to bypass any software or hardware that prohibits volume requests for information.

      7. Violate, bypass or circumvent any security measure intended to limit or prevent access to the Platform, Content or Service; or

      8. Otherwise attempt to gain unauthorized access to the Service, any Content or to any computer systems or networks connected to the Service or any BLC server, whether through hacking, password mining, unauthorized use of another's password/credentials or any other means.

      9. Restrict, inhibit or interfere with use of the Service by any other user (including by hacking or defacing the Platform);

      10. Introduce or otherwise distribute through the Platform any computer program that damages, interferes with, intercepts, collects, releases or discloses any system, data or personal information of ours or any third party;

      11. Make use of any of our trademarks, service marks, trade names or logos or those of any third party displayed on the Platform.

      12. Modify or remove any copyright or other proprietary notice in the Content.

      13. Use the Website, Content or Service for or in connection with any activity that (i) violates any applicable law, statute, ordinance, or regulation, including without limitation, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), or (ii) involves proceeds of any unlawful or illegal activity.

    2. Additionally, you acknowledge and agree that you (and not BLC) are solely responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, software, and services needed for you to access and use the Service, and paying all charges related thereto.

  1. Ownership and Intellectual Property

    1. Subject to these Terms, you may view, print, and make copies of Content for your own personal use. You shall not, copy, reproduce, download, "screen scrape", store, transmit, broadcast, publish, modify, create a derivative work from, display, perform, distribute, redistribute, sell, license, rent, lease or otherwise use, transfer (either in printed, electronic, or other format) or exploit any Content, in whole or in part, in any way that does not comply with these Terms without our prior written permission. To request permission to use any Content other than as expressly permitted in these Terms, please contact legal@Ki Markets.com.

    2. As between BLC and you, all Content is owned or controlled by BLC. BLC, its logo, and, except as noted below, all other product or service names or slogans displayed on the Service are registered and/or common law trademarks of BLC or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BLC or the applicable trademark holder. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of BLC and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BLC. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by BLC.

    3. Nothing contained in these Terms grants you any interest in any of BLC's or any third-party's intellectual property.

    4. The use or misuse of BLC's trademarks or other intellectual property, except as expressly permitted by these Terms, is prohibited. You shall promptly notify BLC at legal@Ki Markets if you know or suspect that any of BLC's or its providers' intellectual property rights has been violated or infringed.

    5. "Ki Markets" and all related logos, trademarks, service marks and trade names are solely the property of BLC. The absence of a name, logo or other mark herein does not constitute a waiver of any and all intellectual property rights that BLC has established. Other trademarks, names or logos used on the Website are property of their respective owners. You are not authorized to use any of the foregoing.

    6. You acknowledge that BLC and/or its providers own the copyright in and to all Content under the applicable laws (including copyright laws and other intellectual property laws), and have reserved all rights in and to such Content.

  1. Linking to the Service from Your Website

    1. You may place one or more links to the Service (collectively, the "Link") on your own website ("Your Site"), provided that:

      1. The Link shall display only the following text: "K.i. Markets" or "K.i. Markets.com" or "Link to K.i. Markets.com";

      2. Your Site shall not contain any content that is unlawful, threatening, abusive, libellous, defamatory or otherwise inappropriate, as determined by us in our sole and absolute discretion.

      3. The look and feel of all content that accompanies the Link or is on the same page as the Link (for example, the entire article in which the Link appears, even if it is not all on the same page as the Link) shall not otherwise be of a nature that may damage or dilute the goodwill associated with BLC's name, reputation or any of its trademarks, trade names or service marks, as determined by BLC in its sole and absolute discretion; and

      4. No content on Your Site shall contain any information that, in our sole and absolute discretion, may create the false impression that you, Your Site or any other website, service, person or entity is associated with, sponsored by or otherwise endorsed by BLC, or that any activity engaged in by you or anyone else has been approved by BLC.

    2. We may revoke our consent to a Link at any time in our sole and absolute discretion, without prior notice. If we notify you that you may no longer link to the Service, or to a page or document, you must promptly (and, in any event, within three (3) calendar days from the date of our notice) remove all affected Links from Your Site.

  2. Community Generated Content; Grant of Right To Black Cactus PTY Limited

    1. Subject to the provisions of these Terms, the Service allow you to post and share texts, images, videos, predictions, or other materials. You are solely responsible for the content you provide, including but not limited to be legally compliant with applicable laws, rules and regulations.

    2. You acknowledge and agree that by using the Service, you might be exposed to content that are harmful, disrespectful, irritating, offensive, inaccurate, misleading, or in any form inappropriate. The person or party (and not Ki Markets) is solely responsible for all community-generated content posted on the Platform by such person or party. Ki Markets may not pre-screen, review or moderate all community-generated contents posted and shall not be liable of any of such content. Without limiting the foregoing, Ki Markets reserves the right in its sole and absolute discretion to remove any community-generated content, without liability or the obligation to offer a refund, in any of the following events:

      1. If the community-generated content is in breach of these Terms and/or the Community Rules.

      2. If we have received a complaint or notice of infringement in respect of the community-generated content.

      3. If the community-generated content is otherwise objectionable.

    3. Any community generated content posted shall not be considered as financial advice, and you fully understand and agree that you shall solely bear the risks of using the information from such content.

    4. Before posting any community-generated content, you acknowledge and agree that you own or are licensed to the intellectual property rights in such content. If you know or suspect that other community-generated content have infringed your intellectual property rights, please report to us at contact legal@Ki Markets.com.

    5. You retain ownership rights in the content you post on the Platform, but you grant Ki Markets a worldwide, fully-paid, royalty-free, sub-licensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such content (subject to our current Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Service and to research and develop new products and services. We are not obliged to make any compensation to you with respect to the content that you submit or post on the Platform. You acknowledge and agree that your use of the Service is sufficient compensation for the content you submit or post on the Platform and the grant of rights herein.

  1. Feedback

    1. This section does not apply to information supplied by you to the Service that can identify you personally. BLC believes in protecting your privacy. Please visit https://Ki Markets.com/privacy/ to review our current Privacy Policy, which also governs your use of the Service, to understand our practices.

    2. If you send or transmit any communication, including but not limited to feedback, questions, comments or suggestions to BLC (collectively, "Feedback"), all such Feedback is, and will be treated as non-confidential and non-proprietary. All Feedback are to be submitted via the Platform only. You hereby assign to BLC all right, title, and interest in, and BLC is free to use, without any attribution or compensation to you, any ideas, concepts, know-how or techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to enhancing the Service, or otherwise developing, manufacturing, licensing, marketing and selling products and services based on or containing such Feedback. You also understand and agree that BLC is not obligated to consider, accept, use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution. BLC may use aggregated and statistical data derived from usage of the Platform.

  1. Disclaimers and Limitation of Liability

    1. THE CONTENT ON THE SERVICE AND THE PLATFORM IS STRICTLY FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON OR IN THE SERVICE SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFERING OF ANY CURRENCY, SECURITY OR ANY FINANCIAL INSTRUMENT OR AS INVESTMENT ADVICE OR INVESTMENT RECOMMENDATIONS (SUCH AS RECOMMENDATIONS AS TO WHETHER TO PURCHASE A CURRENCY, SECURITY, OR INSTRUMENT) BY BLC OR A RECOMMENDATION AS TO AN INVESTMENT STRATEGY BY BLC. CONTENT ON THIS SERVICE SHOULD NOT BE CONSIDERED AS INFORMATION SUFFICIENT UPON WHICH TO BASE AN INVESTMENT STRATEGY. NO CONTENT ON THE SERVICE IS TAILORED TO THE SPECIFIC NEEDS OF ANY INDIVIDUAL, ENTITY OR GROUP OF INDIVIDUALS. BLC EXPRESSES NO OPINION AS TO THE FUTURE OR EXPECTED VALUE OF ANY CURRENCY, SECURITY OR OTHER INTEREST. BLC DOES NOT EXPLICITLY OR IMPLICITLY RECOMMEND OR SUGGEST ANY INVESTMENT STRATEGY OF ANY KIND. CONTENT ON THE SERVICE MAY NOT BE USED AS A BASIS FOR ANY FINANCIAL PRODUCT OR OTHER PRODUCT WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF BLC.

    2. The Content provided on the Service is submitted to BLC by unrelated third-party providers. BLC does not review all Content for accuracy, does not review Content for completeness or reliability, and does not warrant or guarantee the accuracy, completeness, reliability, or any other aspect of any Content.

    3. THE SERVICE AND THE CONTENT PUBLISHED WITHIN THE SERVICE MAY INCLUDE INACCURACIES OR ERRORS. BLC DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, AVAILABILITY OR INTEGRITY OF THE SERVICE OR ANY CONTENT, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE SERVICE OR THE CONTENT. BLC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE SERVICE OR ANY CONTENT, OR THAT THE SERVICE OR CONTENT WILL BE UNINTERRUPTED OR OPERATE IN COMBINATION WITH ANY SOFTWARE, SERVICE, SYSTEM OR OTHER DATA OR INFORMATION. THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BLC DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS SERVICE, ITS SERVERS, OR ANY EMAIL OR ELECTRONIC MESSAGE SENT FROM BLC, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BLC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

    4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT; (II) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

    5. IN NO EVENT SHALL BLC (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SERVICE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SERVICES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SERVICE; OR OTHERWISE ARISING OUT OF THE ACCESS TO OR USE OF THE SERVICE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    6. IN NO EVENT SHALL BLC (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN EXCESS OF US$100.00. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    7. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  1. Indemnification

    1. Except to the extent prohibited under applicable law, you shall indemnify, defend and hold harmless BLC and its members, managers, directors, officers, employees, partners, consultants, contractors, service providers, agents, affiliates, successors and assigns from and against any and all suits, actions, proceedings and claims by third parties (whether threatened or actual), and all losses, liabilities, damages, judgments, costs and expenses (including reasonable legal fees) arising out of, relating to or in connection with: (i) your use (or misuse) of and access to the Service or Content; (ii) your violation of any of these Terms; (iii) your violation of any applicable law, rule or regulation; (d) any claim that any information provided by you to BLC in connection with the Platform, including the Content, caused damage to, infringed upon, misappropriated or otherwise violated the rights of any third party, including infringement, misappropriation or other violation of third-party intellectual property rights, or violation of any right of privacy or publicity; and/or (iv) any dispute that you have with any third party relating to or in connection with the Service or Content. BLC reserves the right, at its own cost, to assume the exclusive defines and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BLC in asserting any available defences and in the conduct of such defines.

  1. Third Party Websites

    1. The Service may contain links to third-party websites. Your use of all links to third-party websites is at your own risk. We do not monitor or have any control over and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party websites.

    2. When you leave the Platform, whether via a link contained on the Platform or using your web browser, mobile device or other navigational tool, the information you view is not provided by us. Our terms and policies do not govern your use of third-party websites. We are not responsible for, have no control over and do not monitor or review the content of any other website. A link to a third-party website does not imply sponsorship, approval, affiliation, or endorsement by BLC of the linked third-party website or of that third party's products or services.

    3. YOU AGREE THAT BLC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICES, FOR ANY DEALINGS OR COMMUNICATIONS YOU MAY HAVE WITH THIRD PARTIES, OR FOR ANY HARM, DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY OF THE FOREGOING OR YOUR USE OF OR RELIANCE ON THE MATERIALS OR THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY

  1. Modification of the Website

    1. At any time and in BLC's sole and absolute discretion, BLC may (in whole or in part) modify, suspend, or discontinue the Service and/or any Content without prior notice, for any reason whatsoever. We shall have no liability to you or to any third party for any such modification, suspension, or discontinuance.

  1. Changes to these Terms

    1. We may revise these Terms from time to time, without prior notice. You are bound by any changes to these Terms upon our posting of such changes on the Service. You should check these Terms often to make certain that you are aware of the most current Terms.

  1. Enforcement

    1. The remedies available to BLC in these Terms are cumulative and in addition to any others available to BLC. BLC may seek all remedies available to it at law and in equity for any violation of these Terms. BLC may suspend, terminate, or block your access to the Service (in whole or in part) for any violation or suspected violation as we determine, without notice to you. Your violation of these Terms shall be considered a breach of contract.

    2. We reserve the right, but do not assume any obligation, to investigate any suspected violation of these Terms or any misuse of the Service. In addition, we further reserve the right to report any activity, data or persons to, and otherwise cooperate with: (i) law enforcement authorities; (ii) financial regulators, including the U.S. Securities and Exchange Commission (SEC) and the Monetary Authority of Singapore; (iii) system administrators at Internet service providers, networks or computing facilities; and (iv) providers and/or third-party vendors if we suspect that you have violated these Terms or any law, rule or regulation. You acknowledge that such reporting or cooperation may include, without limitation, providing information relating to you and/or your use of the Service, including without limitation your email address, IP address or other identifying information, to law enforcement authorities, financial regulators, third-party providers, vendors or system administrators. Further, we may disclose any information we think necessary to comply with applicable law, regulation, subpoena, or other legal process or governmental or regulatory request.

  1. Governing Law; Submission to Jurisdiction

    1. These Terms and all claims, disputes, or other legal proceedings by or between you and us, including but not limited to any claims or disputes that are in any way related to or arising out of these Terms or your use of or access to the Service, shall be governed by and construed in accordance with U.S. federal law and the laws of Delaware, without regard to any principles of conflicts of law. You agree that any action arising out of, relating to or in connection with the Service, and/or these Terms shall be litigated solely in a state or federal court of competent jurisdiction located in Delaware, and you further irrevocably submit to the exclusive jurisdiction of such court and waive any objection to jurisdiction and venue (including based on forum non-convenience)

    2. You acknowledge that any breach of either of the sections above titled "Prohibited Activities" or "Ownership and Intellectual Property" would cause immediate and irreparable harm to BLC, for which monetary damages would not be sufficient, and that, in addition to all other remedies available to BLC at law or in equity, BLC shall be entitled to seek injunctive relief without proof of damages or the posting of bond or other security in the event of such a breach or threatened breach.

  2. General

    1. These Terms (and any other terms or agreements referenced herein, including our Privacy Policy, which is located at https://Ki Markets.com/privacy/), constitute the entire agreement between you and BLC relating to your use of the Service and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and BLC with respect to the Service. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    2. You agree that no joint venture, agency, partnership, or employment relationship exists between you and BLC and/or its affiliates as a result of these Terms or use of the Service.

    3. In no event shall BLC be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemics, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications, or computer (software and hardware) services.

    4. Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Service or information provided to, or gathered by, us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Service within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

    5. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BLC without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.

    6. If any provision of these Terms, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provisions in these Terms shall be deemed superseded by valid and enforceable provisions that, to the extent possible, fulfil the business purposes and intent of such invalid and unenforceable provisions.

    7. In addition to and without limiting the preceding paragraph, some jurisdictions may provide rights in addition to those provided in the above "Disclaimers and Limitation of Liability" section or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the limitations set forth in the above Disclaimer and Limitation of Liability section may not apply to you in whole or in part or there may be state or country specific provisions that supersede such limitations in whole or in part. Any provision of the above Disclaimer and Limitation of Liability section that is declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder.

    8. Any heading or section title contained herein is for convenience of reference only and shall not affect the meaning or interpretation of these Terms. The terms "include" and "including" are deemed to include the phrase "without limitation" immediately thereafter.

    9. Unless expressly provided to the contrary in these Terms, a person who is not a party to these Terms has no rights at law and in equity to enforce or enjoy the benefit of any term in these Terms.

K.i. Markets Virtual EVENT TERMS & CONDITIONS

  1. K.i. Markets Black Cactus Pty Limited an Australian  company ("BLC") administers and maintains the Ki Markets Platforms and mobile application. BLC also hosts and provides access to online events, such as but not limited to conferences and webinars, from time to time (collectively, “Virtual Events”).

  2. These virtual event terms and conditions (collectively, the "VE Terms") govern your access to and participation in Virtual Events organized by BLC. These VE Terms apply in addition to the BLC Terms of Use (accessible here: https://Ki-Markets.com/terms/) and BLC Privacy Policy (accessible here: https://Ki-Markets.com/privacy/), the terms of which are also incorporated by reference herein. In the event of any inconsistency, these VE Terms shall take precedence, but only to the extent of such inconsistency.

  3. By registering your own participation in BLC’s Virtual Events (“Registered Participant”), you irrevocably agree to accept these VE Terms. If you are registering for and on behalf of another individual, you are warranting that the other individual has already been made aware of and agree, to be bound by these VE Terms.

REGISTRATION

  1. Registered Participants shall be entitled to access the Virtual Event for which registration was made. When registering for the Virtual Event, BLC may request you to provide certain information. In such an event, you agree to provide BLC with accurate information. Upon successful registration, you also agree: (i) not to sell, transfer or share your Virtual Event passes to anyone else, without the prior approval of BLC; (ii) not to share with any other person, your user ID or passwords that BLC may issue to you as part of your registration; and that (iii) you are responsible for keeping your user ID and password securely, and not to knowingly permit any breach of security (such as through unauthorized use of your user ID and password by others).

  2. All costs associated with your attendance for the Virtual Event (including costs of registration, if any) shall be borne solely by you. Unless stated otherwise, all registration fees that are payable in respect of registration for a Virtual Event (if any), shall be paid upfront and in full to BLC.

  3. Once your registration has been confirmed by BLC, such registration shall be non-cancellable, and any registration fees paid (if any) shall be non-refundable. For clarity, there shall also be no refund of registration fees already paid (if any), even if the Registered Participant does not eventually attend the Virtual Event.

  4. Although details of the Virtual Event (such as but not limited to agenda line-up, event date and time) are correct at time of marketing, publicity and publication, Registered Participant nonetheless acknowledges and accepts that there may be circumstances where the Virtual Event may have to be cancelled or postponed (or the agenda or speaker line-up changed), through no fault of BLC. Such events may include (but is not limited) to situations involving a last-minute change to speaker availability. BLC shall not be liable to Registered Participants in such an event, and Registered Participants are also not entitled to any refund of registration fees already paid (if any).

  5. Without prejudice to clause 7 above, if the Virtual Event is eventually cancelled in its entirety (without any postponement), BLC may (but shall not be obliged) in its sole and absolute discretion, decide to refund registration fees that might have been paid (if any).

VIRTUAL EVENT AGENDA

  1. Registered Participants agree that BLC may, in its sole and absolute discretion, update and change the Virtual Event agenda and format at any time without prior notice. For clarity, the rights under this clause shall also include, but not limited to, a right to change the speaker line-up, venue, time, date, and topics to be covered at the event.

CONDUCT OF REGISTERED PARTICIPANTS

  1. Registered Participants agree and warrant:

    1. not to conduct themselves in such manner as to disrupt conduct of the Virtual Event, or restrict, inhibit, hinder, or interfere with other Register’s Participant’s enjoyment of the Virtual Event.

    2. not to engage in any unethical business practices as BLC may determine from time to time.

    3. not to use or introduce any data mining, crawling, "scraping", robot or similar automated or data gathering or extraction method, or manually access, acquire, monitor, or copy any portion of the Virtual Event, or download or store content relating to the Virtual Event, unless permitted by BLC.

    4. not to copy, reproduce, download, "screen scrape", store, transmit, broadcast, publish, modify, create a derivative work from, display, perform, distribute, redistribute, sell, license, rent, lease or otherwise use, transfer (either in printed, electronic, or other format) or exploit any content in respect of the Virtual Event and its contents, unless permitted by BLC.

    5. not to infringe the intellectual property rights of BLC in respect of the Virtual Event and its contents.

    6. to always behave in a respectful, professional and appropriate manner during the Virtual Event, and to other Registered Participants and attendees (including but not limited to the speakers, hosts, moderators, etc);

    7. to comply strictly with these VE Terms, and any other policies, rules and procedures that BLC may set from time to time, in relation to Registered Participants’ access to, participation in and conduct during the Virtual Event.

    8. they are solely responsible for ensuring that they procure and possess the right equipment and IT set-up necessary to access the Virtual Event, and that BLC shall not be liable or responsible to Registered Participants for the reliability or continued availability or speed or quality of the internet connectivity or equipment that Registered Participants may use to access and participate in the Virtual Events, or any interruptions due to technical compatibility issues (if there are any questions relating to the technical requirements needed to access and participate in the Virtual Events, Registered Participants can contact BLC directly for assistance); and

    9. that they are not subject to any sanctions or trade controls or other restrictions that prohibit them from attending the Virtual Event; and that they are fully and legally entitled to sign up for and attend the Virtual Event.

  2. BLC reserves the right to deny participation to and/or remove a Registered Participant from Virtual Events that Registered Participant has registered for (including at any time during the Virtual Event itself), if such Registered Participant fails to comply with any obligation contained in these VE Terms. In addition, BLC may also deny participation to prospective participants at its sole and absolute discretion.

RIGHT TO RECORD, PHOTOGRAPH, ETC

  1. By participating in the Virtual Event, you agree to grant BLC a right to record, film, live stream, and take photographs of the Virtual Event and Registered Participants (including you), as well as to distribute, broadcast, use or generally disseminate recordings and photographs of the same in any media, without further approval from or payment to you. This right shall include, but is not limited to, a right by BLC to use recordings and photographs of you, or your likeness, in future marketing materials, including social medical channels, websites and print material.

  2. Registered Participants shall not be allowed to record, film, live stream, and take photographs of the Virtual Event and other Registered Participants.

DISCLAIMERS

  1. The Virtual Event is held and presented to Registered Participants on an "as is" basis. All views, opinions, positions and representations made to you as part of the Virtual Event (including but not limited to those made by sponsors, attendees, speakers, presenters and other Registered Participants) are theirs alone and do not necessarily reflect the views, opinions and positions of BLC. BLC makes no such representation to you in this regard.

  2. BLC also makes no warranties to you in respect of any and all aspects of the Virtual Events (including but not limited to the accuracy, reliability, suitability or completeness of any and all contents and materials presented and made available to you as part of your participation in the Virtual Events). To the fullest extent possible under applicable laws, BLC disclaims all implied warranties. You also agree and accept that BLC shall not be liable for any errors, omissions, or inaccuracies in respect of the content and materials presented and made available to you as part of your participation in the Virtual Events.

LIMITATION OF LIABILITY & INDEMNIFICATION

  1. In no event shall BLC (and its respective officers, directors, employees, members, agents, and affiliates) be liable for any indirect, punitive, incidental, special, or consequential damages or damages for lost profits, arising out of, or in any way connected with, your access to or participation in the Virtual Event, including but not limited to damages relating to: (i) any change to the Virtual Event date, (ii) inability to access, display, or view the streaming of the Virtual Event due to technical issues or otherwise; or (iii) otherwise arising out of the access to or participation in the Virtual Event, whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if BLC has been advised of the possibility of such damages.

  2. In no event shall BLC (and its respective officers, directors, employees, members, agents, and affiliates) be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in excess of US$100.00. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this clause will survive and apply even if any limited remedy specified in these VE Terms is found to have failed of its essential purpose.

  3. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these terms will not apply to the extent prohibited by applicable law.

  4. Except to the extent prohibited under applicable law, you shall indemnify, defend and hold harmless BLC and its members, managers, directors, officers, employees, partners, consultants, contractors, service providers, agents, affiliates, successors and assigns from and against any and all suits, actions, proceedings and claims by third parties (whether threatened or actual), and all losses, liabilities, damages, judgments, costs and expenses (including reasonable legal fees) arising out of, relating to or in connection with: (i) your participation in the Virtual Event, and use (or misuse) of contents obtained through such participation; (ii) your violation of any of these VE Terms; (iii) your violation of any applicable law, rule or regulation; (iv) any claim that your actions and/or conduct had caused damage to, infringed upon, misappropriated or otherwise violated the rights of any third party, including infringement, misappropriation or other violation of third-party intellectual property rights, or violation of any right of privacy or publicity; and/or (v) any dispute that you have with any third party relating to or in connection with your participation in the Virtual Event. BLC reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BLC in asserting any available defences and in the conduct of such defence.

  5. For clarity, the rights and protections afforded to BLC under these VE Terms shall be in addition to the rights and protections that BLC is entitled to under the BLC Terms of Use and BLC Privacy Policy.

GOVERNING LAW AND JURISDICTION

  1. These VE Terms and any and all claims, disputes or other legal proceedings by or between you and us, including but not limited to any claims or disputes that are in any way related to or arising out of these VE Terms or your access to or participation in the Virtual Event, shall be governed by and construed in accordance with Australian. federal law and the laws of Victoria, without regard to any principles of conflicts of law. You agree that any action arising out of, relating to or in connection with your participation in the Virtual Events, and/or these Terms shall be litigated solely in a state or federal court of competent jurisdiction located in Delaware, and you further irrevocably submit to the exclusive jurisdiction of such court and waive any objection to jurisdiction and venue (including based on forum non-conveniens).

GENERAL

  1. In no event shall BLC be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemics, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications, or computer (software and hardware) services.

  2. If any provision of these VE Terms, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provisions in these Terms shall be deemed superseded by valid and enforceable provisions that, to the extent possible, fulfil the business purposes and intent of such invalid and unenforceable provisions.

  3. Any provision of the above VE Terms that is declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder.

  4. You agree that BLC may use your personal data for the purpose of performing its obligations under these VE Terms and/or providing services relating to the conduct of the Virtual Event, including for the purpose of event registration, communications, addressing issues relating to event access, invoicing, payment, solicitation of post-event feedback, participant verification and other administration relating thereto. For clarity, the BLC Privacy Policy (accessible here: https://Ki Markets.com/privacy/ ) shall also apply.

  5. Any heading or title contained herein is for convenience of reference only and shall not affect the meaning or interpretation of these VE Terms. The terms "include" and "including" are deemed to include the phrase "without limitation" immediately thereafter.

  6. Unless expressly provided to the contrary in these VE Terms, a person who is not a party to these VE Terms has no rights at law and in equity to enforce or enjoy the benefit of any term in these VE Terms.