TERMS AND CONDITIONS

LIABILITY WAIVER

PRIVACY POLCY


The Æ Exchange

Terms and Conditions


malcolmcohan.com

ex.malcolmcohan.com 

The Æ Exchange 

Digital æ Currency


April 10 2016


   

1.  OVERVIEW

    1.1        Welcome to The Æ Exchange Terms and Conditions (hereafter called Terms and Conditions) provided by this Agreement. This Agreement sets out the Terms and Conditions that govern the use of this website, and other applications linked to by this website, including but not limited to participation in The Æ Exchange, Directory Listing and use of the transaction processing tools, Statements Online or any other online information that may be provided by other parties including your Æ Licensee.

    1.2        In using this website and any other online Æ service, you agree to be bound by these Terms and Conditions and any Policies published on this website.  You agree to and are bound by the terms and conditions set forth in this document, and in any changes hereto that we may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or register to use this site.

    1.3        You must ensure that you are aware of the Terms and Conditions (in particular in respect of the fees chargeable), and Disclaimers and important notices herein, as they are binding legal agreements.

    1.4        If you do not accept these Terms and Conditions, you must refrain from using the website.

    1.5        Where there is any express conflict or inconsistency between these Terms and Conditions and your obligations as a Member of The Æ Exchange to the extent of such express conflict or inconsistency, these Terms and Conditions shall prevail for the purposes of the use of this website.

    1.6        We hope you enjoy The Æ Exchange Online experience.



2.    RIGHTS AND OBLIGATIONS

    2.1        Your Use of Our Services:

    (a)        We provide this website, The Æ Exchange, as a platform for you to enter and access a plethora of online facilities and services. The facilities/services we provide are The Æ Exchange and Directory Listing and The Digital Currency of æ. All other facilities/services are provided independently of us by other parties including your Æ Licensees.

    (b)        We are not, under any circumstances, liable to you for any loss, damage, directly or indirectly you or your business may suffer as a result of your use of any service/facility/currency/information/advice available in this website. We are not, under any circumstances, liable to you for any injury to your health may suffer as a result of your use of any service/facility/currency/information/advice available in this website, or via skype/webcast/video broadcasts presented of associated with The Æ Exchange and malcolmcohan.com .

    (c)        We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon Notification on this website. Any continued use of this website will constitute acceptance of any updated Terms and Conditions.

    (d)        All amended Terms and Conditions will automatically be accepted on entering The Æ Exchange  .  If you do not agree with these changes you must cease all use of this website.

  1. (e)       We have the right to suspend, ban or refuse any entry to this website, The Æ Exchange for whatsoever reason and we are not required to provide any reasons for the decision.

2.2 As a Registrant, you agree not to use our Services to do any of the following:

  1. (a)upload, post or otherwise transmit any Registrant Content that:

  2. (b)Violates any local, state, federal, or international laws.

  3. (c)Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.

  4. (d)Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable.

  5. (e)Links directly or indirectly to any materials to which you do not have a right to link.

  6. (f)Contains any private information of any third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or personal health information.

  7. (g)Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services.

  8. (h)Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

  9. (i)You do not have a right to transmit under any law (i.e. intellectual property laws) or under contractual or fiduciary relationships (i.e. non-disclosure Agreements).

  10. (j)In the sole judgment of Malcolmcohan.Com, is objectionable or which restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Malcolmcohan.Com, our affiliates, or our Users to any harm or liability of any type.

  11. (k)use our Content to:

  12. (l)Develop a competing website.

  13. (m) Create compilations or derivative works as defined under Australian and United States copyright laws.

  14. (n)Re-distribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.

  15. (o)Decompile, disassemble or reverse engineer our Website, Services, and any related software.

  16. (p)Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws.


3.    PARTICIPATION IN WEBSITE SERVICES

    3.1        Who May Participate:

    (a)        Only a Member of The Æ Exchange who is eighteen (18) years or over and acceptable to malcolmcohan.com may participate in the use of The Æ Exchange  .

    (b)        Only an Æ Member who has a valid email address that accepts emails from The Æ Exchange may participate in the use of The Æ Exchange  .

    (c)        Only an Æ Member who has JavaScript running on the computer may participate in the use of The Æ Exchange  .


    3.2        Acknowledgement:

    By accepting the Terms and Conditions you acknowledge and agree:


  1. (a)       malcolmcohan.com is not involved in the actual transaction between the Giver of æ and the Receiver of æ. As a result malcolmcohan.com has no control over quality, safety or legality of items or content posted by Users on our site or the truth or accuracy of listings. Any transactions conducted online are solely between the Receiver of æ and the Giver of æ, and all responsibility and liability in respect to the transaction of æ is between the two parties. The user will indemnify, defend and hold malcolmcohan.com, and its Affiliates, directors, officers and employees harmless from any and all Losses arising out of or resulting from a claim by a Third Party for death or bodily injury, psychological injury, arising in connection with the use of this website, websites associated with it, or the use of the Digital æ Currency.


  1. (b)       When you enter into an æ transaction on the Æ Exchange Website, you are NOT creating any legally binding contract with another User.

(c)        Any loss that occurs to either party is in no way any fault of malcolmcohan.com and you hereby indemnify and hold harmless malcolmcohan.com from any such loss.

  1. (d)       malcolmcohan.com may plead this Agreement as a bar to any claim, action, proceedings or suit brought by you against malcolmcohan.com for any matter arising out of any transaction in respect of this Agreement.


  1. (e) HEALTH AND INJURY DISCLAIMER: malcolmcohan.com, The Æ Exchange, it associated pages, webcasts and emails DOES NOT PROVIDE MEDICAL ADVICE. The information, including but not limited to, text, graphics, image, video, emails, other electronic communciations and other material contained on this website are for informational purposes only. The purpose of this website is to promote broad understanding and knowledge of various health topics. It is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this website.


  1. (f)The user will indemnify, defend and hold malcolmcohan.com, and its Affiliates, directors, officers and employees harmless from any and all Losses arising out of or resulting from a claim by a Third Party for death or bodily injury, psychological injury, arising in connection with the ADVICE given in this website, websites associated with it, emails and communications, Malcolm Cohan, or the use of the Digital æ Currency.


  1. (g)The user will indemnify, defend and hold malcolmcohan.com, and its Affiliates, directors, officers and employees harmless from any and all Losses arising from death or bodily injury, psychological injury, arising in connection with the use of this website, websites associated with it, emails and communications, Malcolm Cohan, or the use of the Digital æ Currency, or from ADVICE given in this website, websites associated with it, emails and communications, Malcolm Cohan, or the use of the Digital æ Currency.


  1. (h)You specifically acknowledge and agree that your use of this website and services found on this website are at your own risk. Anything available via this website may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via the website.


3.3 FITNESS LEVEL

Persons with pre-existing medical conditions, pre-existing mental health issues, those in poor health, or with any concerns as to use of this website should consult with an appropriate healthcare professional before relying on the advice given here. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any advice or using any of the information on the Website:


  1. (a)persons suffering from chronic depression:

  2. (b)persons suffering from any chronic mental illness.

  3. (c)persons suffering from cancer or other long term illness;

  4. (d)persons with liver disease, kidney disease, or renal failure;

  5. (e)persons with eating disorders;

  6. (f)persons with diabetes, blood pressure or cholesterol issues;

  7. (g)elderly persons;

  8. (h)persons recovering from or recently recovered from illness or injury; and

  9. (i)persons with disabilties


Further, even if you do not fall into the above classes of persons, you acknowledge that the advice that we provide on the Website is an information service only, and that you are solely responsible for advice regime that we provide as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following any of advice or concepts outlined in this website.



    3.3        Consent:

    You hereby consent to:

    (a)        Allow Us to:

            (i)        Use details or information about your listings on the website as promotional material to be sent to malcolmcohan.com staff, Æ Licensee staff and Æ Members within The Æ Exchange worldwide;

            (ii)    Send to you or inform other Users of Personal Information including but not limited to your:

                    A    -    Email address

                    B    -    Phone number

                    C    -    Contact name

                    D    -    Or, any other correspondence data that may aid in a transaction being completed in accordance with the Terms and Conditions; and

            (iii) Send you promotional material about sales information from other Users.

    (b)        Accept emails that directly relate to your bid, purchase, decline or any other transactional information from the website.


    3.4 Censorship:

    Some content may be objectionable to a User in a particular country. malcolmcohan.com has the power and discretion to remove such objectionable content.


    3.5 Username and Password:

    Upon registering, you will be requested to select a Username and Password. You are responsible for maintaining the confidentiality of your Password and are fully responsible for all activities that occur under your Username.


    3.6 Security:

    (a)        Notify Unauthorised Use:

            You must notify malcolmcohan.com immediately of any unauthorised use of your Username, or any other breach of security.

    (b)        Logging Out:

            It is your responsibility to ensure that you log out completely at the end of each User session.

    (c)        Use Site for Trading Only:

            No communications other than for enquiry relating to items listed on the website shall be permitted within the website. This includes the use of the email User functions provided and harvesting of email addresses.


    3.7 Warranty and Indemnity by You as a User:

    (a)        Warranty:

            As a User you warrant that:

            Your registration details are true and accurate at all times and shall remain true and accurate during all material times.

    (b)        Indemnity:

            You as a User agree to indemnify malcolmcohan.com against any liability which we may incur to a Third Party whatsoever, howsoever and to whosoever arising out of any breach of your warranties and out of the use of  these online Website Services whether according to contract, tort or legislation.

4.    The Æ Exchange AND Directory Listing

    4.1        The Æ Exchange is Only a Venue:

    Users of the website acknowledge and accept that malcolmcohan.com is only a facilitator/venue and not an auctioneer for transactions to occur; malcolmcohan.com is not in any way:

    (a)        To be considered a Giver of æ of any items or services on the website unless expressly stated otherwise by malcolmcohan.com .

    (b)        Endorser/promoter or representer of the truthfulness or accuracy of any statement made on the website and accordingly all legal relations are between you and the other party.

  1. (c)       To be considered involved in the actual transaction between the Giver of æ and the Receiver of æ. As a result malcolmcohan.com has no control over quality, safety or legality of items or content posted by Users on our site or the truth or accuracy of listings. Any transactions conducted online are solely between the Receiver of æ and the Giver of æ, and all responsibility and liability in respect to the transaction of æ is between the two parties.

4.2      The Digital Currency of æ:

Digital æ is not a monetary currency. Digital æ has no monetary value. Digital æ may not be traded. Digital æ may not be purchased, sold, transferred, leased, optioned, borrowed, exchanged, swapped, or stolen or used as a means of exchange in which transact a trade of goods or services. Digital æ cannto be transferred unless it is via The Æ Exchange. Digital æ is not money. Digital æ can only be issued by The Æ Exchange. Every unit of Digital æ, is the property of Malcolm Cohan. Digital æ remains the property of Malcolm Cohan and his successors into perpetuity. Digital æ can be revoked byThe Æ Exchange or Malcolm Cohan at any time, for any reason, without notice.

   

  

    4.14    Warranty and Indemnity by You as Giver of æ:

    (a)        Warranty:

            As a Giver of æ you warrant that:

            (i)        All items listed will be unencumbered and free from any Third Party claim or interests which may prejudice the ownership rights or interests of the Receiver of æ;

            (ii)    Items being offered for sale are accurately described (including any faults, defects etc) in the listing;

            (iii)    All relevant and material information concerning the items being offered for sale is contained in the listing;

            (iv)    The items are in your possession;

            (v)        You have undisputed ownership at the time of placing the listing and may remove The Æ Exchange listing at any time provided a bid has not been placed and you may remove an Directory Listing listing at any time;

            (vi)    You have not and will not list the same item that you have listed on the website in any other medium whilst your listing is current on the website.

    (b)        Indemnity:

            You as a Giver of æ agree to indemnify malcolmcohan.com against any liability which we may incur to a Third Party whatsoever, howsoever and to whosoever arising out of any breach of your warranties and out of æ or listing of items or services by you in connection with The Æ Exchange and/or the Directory Listing process whether according to contract, tort or legislation.

    (c)        Giver of æ Acknowledgement and Undertaking:

            You acknowledge and undertake:

            (i)        To pay the shipping costs if required; and

            (ii)    That you as a Giver of æ agree to negotiate and where relevant pay any additional import/export taxes, levies and duties.

   

   

6.    DISPUTE PROCEDURE

    6.1        Disputes are lodged online in The Æ Exchange under the Support Tab. If on attempted access to the site your login information is invalid you will be provided with access to an online form which will allow you to register your dispute.

   

    6.2        In order for a dispute to be accepted you must have made every effort to resolve the dispute on your own. You acknowledge it is not malcolmcohan.com ™s responsibility to resolve the dispute, although malcolmcohan.com may exercise its discretion according to the Terms and Conditions.

   

    6.3        Dispute Notifications will not be accepted after forty-five (45) days from the Auction Close Date and/or settlement of purchase on Directory Listing.

   

    6.4        Once a Dispute is lodged within this timeframe malcolmcohan.com will forward to the other party the details in order for you to again make contact and attempt to finally resolve the dispute between yourselves.

   

    6.5        Users must make every effort to resolve the dispute within forty-eight (48) hours of a dispute being lodged. 

   

   

    6.6        The Giver of æ and the Receiver of æ can reverse transactions in accordance with clause 5. The Receiver of æ can reverse transactions in accordance with clause 4.13 (u).  All other reversals whether full or partial must be submitted by the Giver of æ.

   

    6.7        Should the dispute not be resolved in forty-eight (48) hours from the Notification, malcolmcohan.com reserves the right to investigate and take action accordingly to assist the parties to reach a resolution.

   

    6.8        Where disputes cannot be resolved Users are encouraged to seek independent legal advice.

   

    6.9        Any advice from malcolmcohan.com given in relation to a dispute is not intended and should not be construed as legal advice and Users are encouraged to seek independent legal advice.

   

    6.10    If either the Receiver of æ or the Giver of æ suffer from any loss whatsoever arising directly or indirectly from the transaction as a result of misleading or deceptive conduct by either party or any other breach of the Trade Practices Act then this shall be a matter between the Giver of æ and the Receiver of æ and under no circumstances will malcolmcohan.com be a party to any dispute or litigation arising therefrom.

   

    6.11    Both the Receiver of æ and the Giver of æ hereby:

    Acknowledge that malcolmcohan.com is merely the provider of the website platform/trading service and is not involved in any way in any transactions conducted via this website and accordingly:

    (a)        Undertake not to include malcolmcohan.com as a party to any dispute, claim or proceedings; and

    (b)        Indemnify malcolmcohan.com against any loss or damage arising out of a dispute in relation to any transaction conducted via this website.


7.    STATEMENTS ONLINE

    7.1        Statements Online is a facility to allow certain Users access to view their current and historical Æ statements on the Members Trading Exchange.

   

    7.2        malcolmcohan.com is not liable for any loss, damage or consequential loss or damage if you use or attempt to access Statements Online without using suitable software.

   

    7.3        malcolmcohan.com can suspend your access to Statements Online or any function or service incorporated in The Æ Exchange at any time. Our discretion will not be exercised frivolously.

   

    7.4        Information provided by Statements Online is supplied by your Æ Licensee. If you have any issues concerning the details, please contact them.

   

    7.5        You as the User will hold harmless and indemnify malcolmcohan.com against any loss suffered by you arising from any assumptions that the details on the Statements Online are correct.

   

    7.6        You acknowledge and agree that:

    (a)        Statements Online may not be accurate at the time of a transaction, as the information is provided by your Æ Licensee and therefore malcolmcohan.com accepts no responsibility; and

    (b)        malcolmcohan.com have the right to suspend or deny you access to this website, The Æ Exchange without providing notice and reasons for the decision. Should this discretion be exercised you will not be able to obtain Statements Online; and

    (c)        You will hold harmless and indemnify malcolmcohan.com against any loss you may suffer as a result of being denied access to this website, The Æ Exchange  .

   


9.    Æ TRANSACTIONS ONLINE

    9.1        Users can transact with other Æ Members using the Æ Transactions Online facility. When a transaction is approved and processed a transaction number will be issued.

   

    9.2        Trade transactions made through the Æ Transactions Online are distributed to Æ Licensees for processing. malcolmcohan.com accepts no responsibility for the delivery of service.

   

    9.3        You as an Æ Member will enter into an Agreement with your Æ Licensee, setting out the terms and conditions of your use of the Online Facility.

   

    9.4        malcolmcohan.com accepts no responsibility for errors of any kind. If errors are found, contact your Æ Licensee.

   

    9.5        It is your responsibility to ensure that all details are correct (including account number and amount) when completing an Æ Transaction Online. We take no responsibility for payments made to incorrect Æ accounts.

   

    9.6        Subject to any responsibilities implied by law and which cannot be excluded, malcolmcohan.com is not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to material on this website, The Æ Exchange whether in contract, tort including negligence, statute or otherwise.


10.    CREDIT CARD PAYMENTS

    10.1    Payments made through Paypal are processed through an independent Third Party service provider to Æ Licensees. malcolmcohan.com accepts no responsibility for the delivery of service by independent Third Party service providers to the extent permitted by law.

   

    10.2    malcolmcohan.com accepts no liability in respect of such Third Party services and malcolmcohan.com provides no warranty and gives no endorsement in respect of such services or any party connected with them.

   

    10.3    malcolmcohan.com accepts no responsibility for errors.  If errors are found, contact your Æ Licensee.

   

    10.4    malcolmcohan.com is not responsible for errors made by you when authorising any deduction against your Credit Card. If an error is made, contact your Æ Licensee.

   

    10.5    It is your responsibility to check your statement to ensure that the amount being displayed as Cash Fees Due and Payable and the amount being authorised for payment are in accordance with the amount being paid.

   

    10.6    It is your responsibility to ensure that the details are correct when completing a Credit Card payment. We take no responsibility for payments made to incorrect Æ accounts.

   

    10.7    Subject to any responsibilities implied by law and which cannot be excluded, malcolmcohan.com is not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to material on this website, The Æ Exchange or to Third Party material, whether in contract, tort including negligence, statute or otherwise.

   

    10.8    malcolmcohan.com will keep any Credit Card payment information (including your Credit Card details) confidential. malcolmcohan.com will make reasonable efforts to keep any such information about you secure and that any of our employees, agents and in this case, service providers, who have access to information about you do not make unauthorised use, modification, reproduction or disclosure of that information. malcolmcohan.com will only disclose this information to the extent specifically required by law.


11.    SPECIFIC WARNINGS & DISCLAIMERS

    11.1    Specific Warnings:

    (a)        You acknowledge that malcolmcohan.com as the provider of this website, The Æ Exchange, may elect to transfer and/or subcontract the management rights or any part or all of the provision of the Website Service to a Third Party, without notice being sent to Users.

    (b)        malcolmcohan.com are not obliged to notify you of cancellation of your access to this website. If malcolmcohan.com do notify you we are not obliged to state any reason for your cancellation.

    (c)        malcolmcohan.com retains all of its discretions to reverse or otherwise uphold transactions as it has under the Terms and Conditions.

    (d)        If malcolmcohan.com reverse a transaction as a result of your default under these Terms and Conditions or in exercise of our general discretion then malcolmcohan.com may also require that you pay for the delivery of the items back to you or the other party (as applicable).

    (e)        You acknowledge that a failure to comply with these Terms and Conditions entitles us to suspend and/or terminate your Registered User status without notice to you.

   

    11.2    Security of Information:

    Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst malcolmcohan.com strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to malcolmcohan.com is transmitted at your own risk. Nevertheless, once malcolmcohan.com receive your transmission, we will take reasonable steps to preserve the security of such information.

   

    11.3    Disclaimers:

    (a)        You acknowledge that the information contained within this website in respect of items offered for sale is provided by parties other than malcolmcohan.com and that malcolmcohan.com does not accept any responsibility for misleading or deceptive information or any omissions or errors in the information provided.

    (b)        malcolmcohan.com does not accept responsibility for any loss or damages, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website, The Æ Exchange or any linked website or any transaction that occurs as a result of the use of the website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website. We offer no warranties in relation to items sold or listed. We also offer no warranty in relation to the availability of the Website Services.

    (c)        You acknowledge that malcolmcohan.com make no representation as to the ownership of title in advertised items or as to the ability of either a Receiver of æ or Giver of æ to complete a transaction.

    (d)        To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

            (i)        If the breach relates to items:

                    (i)        The replacement of the items or the supply of equivalent items;

                    (ii)    The repair of such items;

                    (iii)    The payment of the cost of replacing the items or of acquiring equivalent items; or

                    (iv)    The payment of the cost of having the items repaired.

    (e)       Malcolmcohan.com provides this website without warranty or guarantee. To the extent permissible by law, malcolmcohan.com excludes all liability and responsibility for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings or wasted expenditure) arising from or in connection with your access to or use of this website, or reliance on the website, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission in the website (whether negligent or not), except that nothing affects any liability of malcolmcohan.com which may not be excluded or limited by law.

    (f)     You must ensure that your access to this website is not illegal or prohibited by laws which may apply to you, including using another™s Username or Password without permission.

    (g)        You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to risk of viruses or other form of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website, The Æ Exchange or any linked website.

    (h)        Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

    (i)     Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers™ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by malcolmcohan.com of the advertisers™ items and each advertiser is solely responsible for any representations made in connection with its advertisement, nor does malcolmcohan.com guarantee the items being displayed on the Æ Member™s personal website are on Trade.

    (j)     You acknowledge that we do not represent any party to a transaction, nor are we an agent for the Giver of æ or the Receiver of æ. Unless expressly stated to the contrary, we do not endorse or have an interest in the items which are being sold and we do not accept responsibility for defective items, including the failure of items to be of saleable quality. We have no control over the availability, quality, safety or legality of advertised items, we do not warrant the truth or accuracy of listings and we have no control over representations made by any party. Receiver of æs buy and Giver of æs sell at their own risk.

    (k)        malcolmcohan.com are not responsible for any loss whatsoever that a User may suffer including but not limited to economic loss in the event a transaction is not processed due to any case whatsoever, including but not limited to, technical difficulties affecting our system or a scheduled outage.

    (l)     malcolmcohan.com are not responsible for any loss whatsoever a User may suffer including, but not limited to, economic loss, for reliance on Support Centre content, guidelines or comments from malcolmcohan.com officers, employees, agents or contractors.

   

    11.4    Exemption to Disclaimer:

    The Disclaimer set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute, if, and to the extent, such liability cannot be lawfully excluded.

   

    11.5    Liability and Indemnity:

    (a)        You agree that malcolmcohan.com will be under no liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of items or services supplied pursuant to the Website Services or in respect of a failure or omission on the part of the other party to a transaction.

    (b)        You release and indemnify malcolmcohan.com and shall keep us indemnified:

            (i)        Against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against malcolmcohan.com arising out of a failure by us to comply with these Terms and Conditions or a failure by the other party to a transaction to complete a sale or satisfy the requirements of a sale;

            (ii)    Against all actions, claims and demands (including the costs of defending or settling any action, claim or demand) which may be instituted against malcolmcohan.com arising out of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under these Terms and Conditions.

   

    11.6    Linked Websites:

    (a)        This website, malcolmcohan.com and The Æ Exchange may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained.

    (b)        malcolmcohan.com are not responsible for the content or privacy practices associated with Linked Websites.

    (c)        malcolmcohan.com links with Linked Websites should not be constructed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, items or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.


12.    PRIVACY POLICY

    12.1    General Terms of our Privacy Policy:

    (a)        malcolmcohan.com undertake to comply with the Terms of our Privacy Policy which is described in this section as follows.

    (b)        malcolmcohan.com understands how important your Personal Information is to you. We have adopted the National Privacy Principles contained in the Privacy Act (Commonwealth) 1988 as part of our standard operating procedures for the protection of your Personal Information.

    (c)        This Policy explains how malcolmcohan.com collects personal Information and how we maintain, use and disclose that information.

    (d)        Personal Information means information or an opinion about you from which your identity is apparent or can reasonably be ascertained. This is whether the information or opinion is true or not and whether it is recorded in material format or not.

    (e)        malcolmcohan.com will only collect Personal Information from you that is necessary for us to be able to provide our services to you. malcolmcohan.com will seek to ensure that we do not collect information from you in any way that is unlawful or unreasonably intrusive. Whenever it is reasonable and practicable to do so, we will collect that information directly from you. If malcolmcohan.com have to collect Personal Information about you from someone else, we will take reasonable steps to ensure that you are aware of that fact.

    (f)     malcolmcohan.com does not collect information about your political, philosophical, or religious beliefs or sexual preferences.

    (g)        If you do not provide malcolmcohan.com with the Personal Information malcolmcohan.com request, we may not be able to provide you with our services.

    (h)        Use of your Personal Information will be used:

            (i)        To provide our services;

            (ii)    To enhance our Receiver of æ service;

            (iii)    To answer your queries;

            (iv)    For internal research;

            (v)        To facilitate Trade transactions;

            (vi)    To aid transaction completion.

    (i)     malcolmcohan.com will not use your Personal Information for purposes unrelated to our services.

    (j)        malcolmcohan.com will not sell or trade your Personal Information.

    (k)        malcolmcohan.com may use your Personal Information for direct marketing purposes to advise you of special offers, items which may be of interest to you and exclusive opportunities relating to our services. If at any time you do not wish to receive our marketing communications, then please tell us. You can do this by selecting the opt-out or Unsubscribe option in the marketing communication or via email to privacy@malcolmcohan.com or by contacting us at the following address:

           

            The Privacy Officer

            malcolmcohan.com

            PO Box 193

            Avalon NSW 2107

            AUSTRALIA

   

    12.2    Disclosure of Your Personal Information:

    (a)        malcolmcohan.com will only disclose information about you if required or permitted by law, if we have your consent, if such disclosure is for a purpose contemplated by these Terms or Conditions or to detect and prevent fraud or other criminal activities. Your Personal Information may be disclosed to other related companies or to third parties required to assist malcolmcohan.com in providing services to you, including Æ Licensees, Æ Franchisees and other Æ Group Companies.

    (b)        Only so much of your information as is required to enable these organisations to provide their services is disclosed. These organisations are bound by confidentiality and non-disclosure agreements and the information at all times remains the property of malcolmcohan.com .

    (c)        Your Personal Information listed on your Profile page may be disclosed to other Users and Æ Members to facilitate and encourage transactions of æ.

   

    12.3    Accuracy of Personal Information:

    (a)        malcolmcohan.com try to ensure that the Personal Information held by us about you is accurate, complete and up-to-date. To assist malcolmcohan.com, we ask that you notify us promptly if there are any changes to your Personal Information. You may ask malcolmcohan.com to correct any inaccurate information we hold about you and we will address your concerns within a reasonable period.

   

    12.4    Tracking of Emails:

    (a)        The Æ Exchange contains tools that can be used to contact other Users. For the purposes of Quality Assurance, these communications are tracked and archived. You acknowledge that this information may be used by malcolmcohan.com to ensure these Terms and Conditions are followed and adhered to.

   

    12.5  Data Security:

    (a)        malcolmcohan.com will take reasonable steps to protect your Personal Information from misuse and loss, and from unauthorised access, modification or disclosure. For example, Personal Information stored electronically requires login and Passwords for access, and is only utilised by staff whose job requires access.

    (b)        Your Personal Information, where not stored electronically, is stored in our secure office premises with restricted access or with an offsite secure storage facility. If malcolmcohan.com no longer require the use of your Personal Information, we will take reasonable steps to destroy or permanently de-identify it.

   

    12.6    Access to Personal Information:

    (a)        malcolmcohan.com will provide you with access to your Personal Information upon request. We will endeavour to provide the information to you in a timely manner. You may be charged a fee for servicing your request which malcolmcohan.com will advise you at the time. There is no fee for lodging a request for access.

    (b)        There may be circumstances in which malcolmcohan.com  cannot provide you with access; for example, where this is required or authorised under the law, would have an unreasonable impact upon the privacy of other individuals or the request for access is frivolous or vexatious. We will advise you of the reasons if we deny you access.

   

    12.7    Cookies:

    (a)        In order to provide better Receiver of æ service and to enhance our relationship with our Users, malcolmcohan.com collects statistical information on website activity such as the number of Users who visit The Æ Exchange Website  website, the date and time of visits, the number of pages viewed, time spent on website, navigation patterns and origin of the User. In common with most websites, we use "cookies". A cookie allows us to identify and more effectively interact with your computer. A cookie does not identify the individual User although they do identify that computer™s use of the site, the computer™s browser type and Internet service provider. You may be able to configure your browser so that it does not receive cookies but in doing so some of the functionality of The Æ Exchange Website  website may be lost.

   

    12.8    Consent:

    (a)        By remaining an Æ Member you consent to malcolmcohan.com, its agents, contractors, authorised employees and any related party collecting, maintaining, using and disclosing your Personal Information in accordance with malcolmcohan.com Privacy Policy for the purposes contemplated by these Terms and Conditions.

    (b)        You also hereby authorise malcolmcohan.com, its agents, contractors, authorised employees and any related party to send to you commercial and non-commercial electronic messages for the purposes set out in this section and/or as contemplated by these Terms and Conditions.


    12.9    Complaints Resolution:

    (a)        malcolmcohan.com will try to answer any question and address any complaint you have about the information we hold about you, or about our information-handling practices. You may contact us at privacy@malcolmcohan.com or the following address:

            The Privacy Officer

            malcolmcohan.com

            PO Box 193

            Avalon NSW 2107

            AUSTRALIA

    If malcolmcohan.com are unable to resolve your request, you may refer the complaint to your relevant Privacy Commissioner in your country.


13.    INTELLECTUAL PROPERTY

    13.1    Copyright:

    (a)        Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by malcolmcohan.com . Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Commonwealth) and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:

            (i)        Adapt, reproduce, reverse engineer, store, distribute, print, perform, publish or create derivative works from any part of this website; or

            (ii)    Commercialise any information, products or services obtained from any part of this website; without our written permission.

   

    13.2    Trademarks:

    (a)        Except where otherwise specified, any word or device to which is attached the â„¢ symbol or ® symbol is a trademark lodged for registration or a registered trademark.

    (b)        If you use any of malcolmcohan.com ™s trademarks in reference to our activities, products or services, it is your responsibility to include a statement attributing that trademark to us. It is your responsibility not to use any of malcolmcohan.com ™s trademarks:

            (i)        In or as the whole of part of your own trademarks;

            (ii)    In connection with activities, products or services which are not malcolmcohan.com ™s;

            (iii)    In a manner which may be confusing, misleading or deceptive; or

            (iv)    In a manner that disparages malcolmcohan.com or our information, products or services (including this website).

   

    13.3    Restricted Use:

    (a)        Unless malcolmcohan.com agree otherwise in writing, you are provided with access to this website only for your personal use as an Æ Member. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not on-sell information obtained from this website.


14.    GENERAL PROVISIONS & TERMINOLOGY

    14.1    General:

    (a)        malcolmcohan.com accept no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.

    (b)        If malcolmcohan.com waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

    (c)        If any of these Terms and Conditions is held to be invalid, unenforceable or illegal for any reason, then to the extent of such unenforceability, invalidity or illegality it is to be severed from this Agreement and the remaining Terms and Conditions shall nevertheless continue in full force.

    (d)        If any Terms and Conditions of this Agreement and any Policies published on this website or the website in use becomes invalid or unenforceable for any reason, then that invalidity or unenforceability will not affect the validity or enforceability of any of the other separate and independent clauses, covenants and restraints in the aforementioned Agreements.

    (e)        You agree that you will only use the website and the information derived from the website solely for the legitimate purposes contemplated by these Terms and Conditions and in accordance with these Terms and Conditions.

    (f)     In addition to these Terms and Conditions, you agree to comply with any Policies, rulings, procedures, systems and/or forms that malcolmcohan.com place on this website.

    (g)        You agree to act honestly and reasonably in all of your dealings in relation to or on the website.

   

    14.2    Termination of Access:

    (a)        Access to this website may be terminated at any time by malcolmcohan.com without notice. Our section “ Specific Warnings & Disclaimers will survive any such termination.

    (b)        malcolmcohan.com will be entitled to terminate this Agreement, without notice to you if:

            (i)        You breach any provision of this Agreement;

            (ii)    Your continued access to any part of this website and/or any service or facility offered by The Æ Exchange poses a threat to the security, integrity or operation of any of these facilities and/or services or to Æ and its Group of Companies including Æ Licensees;

            (iii)    Your Æ Membership under your Æ Licensee has been terminated or your Æ account closed. 

   

    14.3  Governing Law:

    (a)        These Terms and Conditions are governed by the laws in force in Queensland, Australia due to the hosted location and venue.

   

    14.4 Terminology:

    (a)        In these Terms and Conditions, the following expressions have the following meanings, unless the context otherwise requires:

            (i)        malcolmcohan.com means malcolmcohan.com and its officers, employees, agents and authorised entities (including malcolmcohan.com Pty Ltd and its officers, employees and agents of any controlled subsidiary);

  1. (ii)   Æ Licensee means the entity that operates the Æ System within a particular jurisdiction;

  2. (iii)(v)        Member means a business or individual that has subscribed for Membership to The Æ Exchange and wants to exchange its items and/or services with other Members within The Æ Exchange. This is irrespective of the country of origin;

            (vi)    Members Trading Exchange means an online application that provides facilities for Æ Members. The Æ Exchange enables distribution of information, transactions to be undertaken and details to be managed;

            (vii)    Policies means Policies published within the Active Policies section of the Support Centre Knowledge Base as updated from time to time. These Policies form part of these Terms and Conditions;

            (viii)    User, Users, Registered User and Registered Users means a Member of The Æ Exchange, irrespective of their country of origin, who is in Good Standing and who has completed the registration process provided within this or other Æ websites;

            (ix)    Related Parties means any related parties and/or related accounts to you (whether by ownership, influence or control, whether directly or indirectly, whether in the same region or in other regions globally) and any persons using cards issued under or in relation to those accounts (including staff accounts);

            (x)        SMSPOS Facility means the facility provided by the Æ Licensees to enable the SMSPOS software to operate within the Æ System for each relevant Æ Licensee, Æ system and network within their licensed territory;

            (xi)    SMSPOS Service means the facility that uses Short Messaging System on your mobile phone and allows you to perform certain Æ Member transactions. Such services may include the facilitation of trades, retrieval of account balances and/or other services as notified from time to time;

            (xii)    Trading Program means The Æ Exchange that enables Members to transact æ with each other using the Æ System;

            (xiii)    We, us, our and malcolmcohan.com means malcolmcohan.com Limited EC 27608 and its officers, employees, agents, contractors and authorised entities including their officers, employees and agents;

            (xiv)    Website Services means any and all services provided electronically by malcolmcohan.com;

  1. (xv)   Freeze Funds means access to the digital currency is blocked.

  2. (xvi) malcolcolmcohan.com means the website malcolmcohan.com, ex.malcolmcohan.com, malcolmcohan.bitballoon.com, mymalcolmcohan.com, The Æ Exchange, and all associated websites not limited to but including YouTube sites, Facebook pages, Google Hangouts, Vimeo pages, and any other associated pages of malcolcolmcohan.com.


14.5  GENERAL

This agreement is governed by the laws of NSW, Australia and you consent to the non-exclusive jurisdiction and venue of courts in NSW, Australia in any and all disputes arising out of or relating to the use of this website. Use of this website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms of use, including without limitation this paragraph. If you are resident in a jurisdiction where the use of this website is unauthorised, it is your responsibility to cease using this website. If any provision of the Terms is deemed unlawful, void or for any other reason unenforceable then that provision shall be then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, or otherwise deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions. Malcolmcohan.com's failure to exercise or enforce any rights or any provision of these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by malcolmcohan.com in writing.


14.6 Digital Millennium Copyright Act Compliance

malcolmcohan.com will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice at our contact email below that contains the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on our Website;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.


14.7 Interrutption of Services

malcolmcohan.com may be temporarily unavailable from time to time for maintenance or other reasons. Malcolmcohan.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Registrant communications. Malcolmcohan.com™ is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Registrant’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website or Services, including without limitation any software provide through our Website or Services. Under no circumstances will Malcolmcohan.com™ be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline. Malcolmcohan.com™ reserves the right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice. 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, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services.


14.8 Legal Compliance Viruses

(a) You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein. Without limitation, you must not use this portal to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software, and you must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our written consent.


(b) Malcolmcohan.Com DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Malcolmcohan.Com. OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.





MALCOLM COHAN

PO Box 193 Avalon NSW 2107 Australia




                                                                                       


   

                                                                   

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