Legal
10 October 2024
Website Terms & Conditions
By accessing or continuing to use our Website and related services, you agree to abide by these terms and conditions, including our Privacy Policy. If you do not agree with any of these terms, or the terms of our privacy policy you should cease using our Website.
General
- This website is owned and operated by Pier Two Pty Ltd (ABN 66 647 661 952) a corporate authorised representative of TAF Capital Pty Ltd: AFSL 425925, CAR Number 1307718. (hereafter referred to as ‘Pier Two’, ‘us’, ‘we’, and ‘our’).
- Your continued use of our Website indicates your agreement to these terms and conditions of use (Website Terms).
- Please read the following Website Terms to understand your rights and obligations when accessing our Website.
- Pier Two provides software that enables non-custodial staking solutions to wholesale clients. Separately from our non-custodial staking business, Pier Two Infrastructure Pty Ltd and Pier Two Services Pty Ltd provide blockchain infrastructure and network services (the Services). These Services may be governed by agreements between you and Pier Two, Pier Two Infrastructure Pty Ltd or Pier Two Services Pty Ltd as the case may be relevant to the Services you may receive.
- By browsing or accessing our Website, you agree to be bound by these Website Terms and acknowledge that you have read and understood them.
- We may need to amend these Website Terms from time to time. Amendments will be effective as soon as such changes are notified on the Website. Your continued use of the Website and our Services following such notification constitutes agreement by you to be bound by these Website Terms as amended.
- You should regularly review these Website Terms. Where there is inconsistency between the content on the Website and these Website Terms, the Website Terms shall prevail to the extent of any inconsistency.
- These Website Terms constitute the entire agreement between you and us with respect to their subject matter and supersede all prior agreements and understandings between you and us in connection with the Website.
Information contained on our Website
- Pier Two has taken all reasonable care in producing all the information contained on the website including but not limited to reports, tables, maps, diagrams, and photographs. However, Pier Two will not be responsible for loss or damage arising from the use of this information. The contents of this website should not be used as a substitute for detailed investigations or analysis on any issues or questions the reader wishes to have answered.
- You may download the information for your own personal use or to inform others about our materials, but you may not reproduce or modify it without our express permission. To the extent to which this website contains advice, it is general advice only and has been prepared by Pier Two for wholesale investors for the purposes of providing a financial product or financial service, under Section 761G or Section 761GA of the Corporations Act 2001 (Cth). The information on this website is not intended to be relied upon as advice to investors or potential investors and has been prepared without considering personal investment objectives, financial circumstances, or particular needs. Recipients of this information are advised to consult their own professional advisers about legal, tax, financial, or other matters relevant to the suitability of this information.
- Any investment(s) summarised on this website are subject to known and unknown risks, some of which are beyond the control of Pier Two and its directors, employees, advisers, or agents. Pier Two does not guarantee any particular rate of return or performance, nor does Pier Two and its directors personally guarantee the repayment of capital or any particular tax treatment. Past performance is not indicative of future performance. All investments carry some level of risk, and there is typically a direct relationship between risk and return.
- We describe what steps we take to mitigate risk (where possible) in the investment documentation, which must be read prior to investing. It is important to note risk cannot be mitigated completely. Whilst the contents of this website are based on information from sources that Pier Two considers reliable, its accuracy and completeness cannot be guaranteed. Data is not necessarily audited or independently verified. Any opinions reflect Pier Two’s judgment at this date and are subject to change. Pier Two has no obligation to provide revised assessments in the event of changed circumstances. To the extent permitted by law, TAF Capital, Pier Two, and their directors and employees do not accept any liability for the results of any actions taken or not taken on the basis of information in this website, or for any negligent misstatements, errors, or omissions.
Consumer Guarantees
- In Australia, our Services come with guarantees that cannot be excluded under Schedule 2 to the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).
- Nothing in these terms and conditions purports to modify or exclude the conditions, warranties and undertakings, and any other legal rights, arising under the Australian Competition and Consumer Act 2010 (Cth) or any other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulation 2010 (Cth) are expressly excluded where permitted, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition.
Warranties and Disclaimer
- Nothing in these Website Terms excludes, restricts or modifies or purports to exclude, restrict the conditions, warranties and undertakings arising under the Australian Consumer Law. Our liability for death or personal injury arising from our negligence or for any condition, warranty, right or liability implied in these Website Terms by law cannot be excluded.
- To the maximum extent permitted by law, all other warranties or conditions which are not guaranteed by law are expressly excluded, including liability for loss of expectations, loss of profits, incidental or consequential loss or damage caused by breach of any express or implied warranty or condition. In particular, we do not warrant:
- that your access to the Website or our Services will be free from interruptions, errors or viruses; or
- the accuracy, adequacy or completeness of information on the Website.
- To the extent that we are in breach of any consumer guarantee or any other warranty or condition that cannot be excluded from these Website Terms our maximum liability to you is limited to the purchase price of the goods or services you purchased in your last transaction using our Services or $1000.
Limitation of Liability
- To the maximum extent permitted by law, we do not accept responsibility for any loss or damage (including indirect, special or consequential loss or damage), however caused and whether or not foreseeable (whether in contract, tort, for breach of statutory duty or otherwise), even if we have previously been advised of the possibility of such loss or damage which you may directly or indirectly suffer in connection with your use of the Website or our Services or any linked website, content, products and services (together, the linked services).
Specific Warnings
- You must ensure that your access to the Website and our Services is not illegal or prohibited by laws which apply to you in the jurisdiction in which you are located.
- You agree that you will not rely on any information contained on the Website or the availability of such information and that any decision you make in relation to the Website or our Services will be as a result of your own independent assessment of such information.
Copyright
- All legal rights, title and interest in and to all elements of the Website, our Services and the content of the Website and our Services (including its “look and feel”, text, graphics (all art, drawings and artistic works), images, logos, icons, photographs, editorial content, films, sound recordings, literary works, software, design , systems, methods, information, computer codes, compilation of content, other codes, data and other material) (Intellectual Property), and all intellectual property rights in and associated with the Intellectual Property (including without limitations all copyright, trademarks, service marks and trading names) is owned by us or licensed to us by third parties and protected under applicable laws.
Restricted Use
- You warrant to us and agree that:
- you are 18 years of age or over and have full legal capacity to access the Website under the laws of Australia or the laws of the jurisdiction in which you reside where you are receiving Services from Pier Two Infrastructure Pty Ltd and/ or Pier Two Services Pty Ltd.
- you are a wholesale client as defined in the Corporations Act 2001 (Cth) if receiving Services from Pier Two.
- You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, commercially exploit, create derivative works from, transfer, or sell any content, software, products or services contained within or derived from the Website or the Services without our prior written approval.
- Your use of the Website and our Services may be subject to international export controls and financial export requirements. Without limiting the foregoing, you are not entitled to use the Services or access our Website if:
- you are a citizen or resident of Cuba, Iran, North Korea, Sudan or Syria or any other country subject to US embargo, UN sanctions, the HM financial sanctions regime, or if you are on the list of specific citizens by the US Ministry of Finances or the list of people denied by the US Ministry of Trade, a non-verified list, the financial sanctions regime of the Ministry of Finances;
- you intend on supplying any digital asset purchased or stored to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to US embargo or the HM financial sanctions regime (or to a citizen or resident of any of these countries), or to a person on the list of specific persons, the list of denied persons, the non-verified list, the list of entities of the financial sanctions regime of HM; or
- you are not a wholesale client as defined in the Corporations Act 2001 (Cth) if receiving Services from Pier Two.
- You warrant to us and agree that:
Links in the Website
- The Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be updated by us.
- We are not responsible for the content or privacy policies or practices of persons or companies associated with linked services. We will not be liable to you or any other person for any loss or cost arising in respect of use or access to linked services. When you access any linked services you do so entirely at your own risk.
- Linked services should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked services, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
Intellectual Property
- We, or our third-party licensors, own all intellectual property rights in or in connection with the Intellectual Property.
- We do not grant you any intellectual property rights in any thing (including the Intellectual Property and other information and content, whether in a material form or not) on or accessible via the Website (Materials).
Privacy Policy
- We undertake to comply with the terms of our Privacy Policy which is available on our Website.
- Your continued usage of our Website and/or Services will be taken to indicate your acceptance of the terms of our Privacy Policy insofar as it relates to our Website.
Security of Information
- Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us.
- Any information which you transmit to us is transmitted at your own risk. Once we receive your transmission, we will take reasonable steps to preserve the security of such information.
Termination of Access
- If your access to the Website or the Services is terminated by us following your breach of these Website Terms or your unlawful conduct (or suspected breach of these Website Terms or suspected unlawful conduct), the termination will be in addition to any other rights we may have against you at law or in equity.
Severability
- If any provision of these Website Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof will to that extent be severed and deemed not to form part of these Website Terms but the legality, validity and enforceability of all other provisions of these Website Terms will not be affected.
Governing Law
- These Website Terms are governed by the laws in force in the State of Queensland and you agree to submit to the exclusive jurisdiction of the courts of that State in respect of any dispute arising from these Website Terms.
Definitions
- In these Website Terms:
- Affiliate means a third party with whom we have entered into an agreement to assist our provision of the Website or our Services, and to or from which you hereby instruct us to obtain or send data, including payment instructions;
- Pier Two, we, us and our and similar terms are a reference to Pier Two Pty Ltd and our related bodies corporate;
- Personnel means any employee, contractor, subcontractor, agent, partner, shareholder, ultimate beneficial owner, director or officer of a party;
- Website means https://piertwo.com and/or any other sub-domain as we may operate from time to time.
- In these Website Terms: